IAS AppttPromotRegulations 1955 Engl 241121
IAS AppttPromotRegulations 1955 Engl 241121
IAS AppttPromotRegulations 1955 Engl 241121
1. Short title.- These regulations may be called the Indian Administrative Service
(Appointment by Promotion) Regulations, 1955.
1
Substituted/Added vide MHA Notification No. 5/2/60-AIS(I), dated 29/7/60.
2
Substituted vide D.P. Notification No. 16/5/70-AIS(III)-A, dated 20.9.71.
3
Substituted vide D.P. Notification No. 13013/1/89-AIS(I), dated 24/1/89.
4
Substituted vide D.P. Notification No. 13/4/71-AIS(I), dated 11/1/72.
106
(i) in relation to a State in respect of which a separate cadre of the Service exists,
the Government of such State; and
(ii) in relation to a group of States in respect of which a Joint Cadre of the Service is
constituted, the Joint Cadre Authority.
(iii) in relation to a group of Union Territories, and 5in respect of which a joint cadre of
the Service is constituted, the Central Government.
(l) 6“Year” means the period commencing on the first day of January and ending on the
thirty first day of December of the same year.
2(2) All other words and expressions used in these regulations but not defined shall
have the meanings respectively assigned to them in the Recruitment Rules.
3 Constitution of the Committee to make Selection:- 3(1) There shall be constituted for
a State Cadre or a Joint Cadre specified in column 2 of Schedule, a committee consisting of
the Chairman of the Commission or where the Chairman is unable to attend, any other
member of the Commission representing it and other members specified in the corresponding
entry of column 3 of the said Schedule:
Provided that -
(i) no member of the Committee other than the Chairman or the member of the
Commission shall be a person who is not a member of the Service;
7
(iA) the nominee of the Government of India shall not belong to the cadre of the
State for which the meeting of the Committee is to be held;
(ii) the Central Government may after consultation with the State Government
concerned amend the Schedule.
3(2) The Chairman or the member of the Commission shall preside at all meetings of
the Committee at which he is present.
38(3) The absence of a member, other than the Chairman or member of the
Commission, shall not invalidate the proceedings of the Committee if more than half the
members of the Committee had attended its meetings.
9
3(4) []
10
4 Deleted
11
5 Preparation of a list of suitable officers:- 5(1) 12Each Committee shall ordinarily meet
every year and prepare a list of such members of the State Civil Service as are held by them
to be suitable for promotion to the Service. The number of members of the State Civil
Service to be included in the list shall be determined by the Central Government in
consultation with the State Government concerned and shall not exceed the number of
substantive vacancies as on the first day of January of the year in which the meeting is held,
in the posts available for them under rule 9 of the recruitment rules. The date and venue of
the meeting of the Committee to make the selection shall be determined by the Commission:
5
Omitted vide D.P. Not No. 1/1/72-AIS(I)-A, dated 12/10/72 and substituted vide Not No. 11/1/72-AIS(I)-A, dated 22/5/73
6
Amended vide Not. No. 14015/52/96-AIS(I)-A, dated 31.12.97
7
Amended vide Notification No. 14015/08/2001-AIS(I)-A dated 31.01.2005 – GSR No. 51 dt. 12.02.2005.
8
Added vide MHA Not. No. 17/19/68-AIS(III)-A, dated 2/6/69
9
Added vide MHA Not. No. 16/6/68-AIS(III)-A, dated 4/12/69 and deleted vide DP&T Not. No. 14015/4/88-AIS(I), dated 1/8/89.
10
Deleted vide MHA Not. No. 16/1/68-AIS(III)-A, dated 3/4/70.
11
Ibid. Note.9.
12
Ibid note 6
107
Provided that no meeting of the Committee shall be held, and no list for the year in question
shall be prepared when,
(a) there are no substantive vacancies as on the first day of January of the year in
the posts available for the members of the State Civil Service under rule 9 of the
recruitment rules; or
(b) the Central Government in consultation with the State Government decides that
no recruitment shall be made during the year to the substantive vacancies as on
the first day of January of the year in the posts available for the members of the
State Civil Service under rule 9 of the recruitment rules:
13
Provided further that where no meeting of the Committee could be held during a year
for any reason other than that provided for in the first proviso, as and when the Committee
meets again, the select list shall be prepared separately for each year during which the
Committee could not meet, as on the 31st December of each year;
14
(c)
Explanation- In the case of joint cadres, a separate select list shall be prepared in
respect of each State Civil Service;
5(2) The Committee shall consider for inclusion to the said list, the cases of members
of the State Civil Services in the order of a seniority in that service of a number which is
equal to 15three times the number referred in sub-regulation (1):
Provided that such restriction shall not apply in respect of a State where the total number
of eligible officers is less than 16three times the maximum permissible size of the Select List
and in such a case the Committee shall consider all the eligible officers:
Provided further that in computing the number for inclusion in the field of consideration,
the number of officers referred to in sub-regulation (3) shall be excluded:
Provided also that the Committee shall not consider the case of a member of the State
Civil Service unless, on the first day of January of the year for which the Select List is
prepared 17he is substantive in the State Civil Service and has completed not less than eight
years of continuous service (whether officiating or substantive) in the post of Deputy
Collector or in any other post or posts declared equivalent thereto by the State Government.
18
Provided also that in respect of any released Emergency Commissioned or Short
Service Commissioned Officers appointed to the State Civil Service, eight years of
continuous service as required under the preceding proviso shall be counted from the
deemed date of their appointment to that service, subject to the condition that such officers
shall be eligible for consideration if they have completed not less than four years of actual
continuous service, on the first day of the January of the year for which the select list is
prepared, 19in the post of Deputy Collector or in any other post or posts declared equivalent
thereto by the State Government.
13
Added vide notification No. 14015/27/99-AIS(I)-A dt. 25.07.2000 – GSR 633(E)
14
[Deleted] ibid
15
Amended vide Not. No. 11039/2/76-AIS(I) dated 20.4.1976
16
Amended vide Not. No. 11039/2/76-AIS(I) dated 20.4.1976
17
Amended ibid
18
Inserted vide DP&AR Not. No. 11039/21/76-AIS(III), dated 1/6/78
19
Amended ibid
108
Explanation:- The powers of the State Government under the third proviso to this sub-
regulation shall be exercised in relation to the members of the State Civil Service of a
constituent State, by the Government of that State.
20
5(2A) [omitted]
5(3) The Committee shall not 21consider the cases of the members of the State Civil
Service who have attained the age of 2254 years on the first day of January of the year for
which the Select List is prepared23:
24
Provided that a member of the State Civil Service whose name appears in the Select
List [prepared for the earlier year] 25 before the date of the meeting of the Committee and
who has not been appointed to the Service only because he was included [provisionally in
that Select List]26 shall be considered for inclusion in the fresh list to be prepared by the
Committee, even if he has in the meanwhile attained the age of fifty four years:
27
Provided further that a member of the State Civil Service who has attained the age of
fifty-four years on the first day of January of the year for which the select list is prepared28
shall be considered by the Committee, if he was eligible for consideration on the first day of
January of the year or of any of the years immediately preceding the year in which such
meeting is held but could not be considered as no meeting of the Committee was held during
such preceding year or years under item (b) of the proviso to sub-regulation (1)29.
30
5(3A) The Committee shall not consider the case of such member of the State Civil
Service who had been included in an earlier Select List and –
(a) had expressed his unwillingness for appointment to the Service under regulation 9:
Provided that he shall be considered for inclusion in the Select List, if before the
commencement of the year, he applies in writing, to the State Government expressing his
willingness to be considered for appointment to the service;
(b) was not appointed to the Service by the Central Government under regulation 10.
5(4) 31The Selection Committee shall classify the eligible officers as ‘Outstanding’,
‘Very Good’, ‘Good’ or ‘Unfit’, as the case may be, on an overall relative assessment of their
Service records.
5(5) 32The list shall be prepared by including the required number of names, first from
amongst the officers finally classified as ‘Outstanding’ then from amongst those similarly
classified as ‘Very Good’ and thereafter from amongst those similarly classified as ‘Good’
and the order of names inter-se within each category shall be in the order of their seniority in
the State Civil Service.
20
Omitted vide Not.No.14015/4/88-AIS(I),dt.1.8.89
21
Deleted vide 28013/20/76-AIS(I)-A, dated 5/10/79.
22
Substituted vide DP&AR Not. No. 11039/2/76-AIS(I)-A, dated 20/4/76
23
Amended vide notification No. 14015/27/99-AIS(I)-A dated 25.07.2000- GSR 633(E)
24
Ibid. Note 6.
25
Amended vide Notification No. 14015/19/2001-AIS(I)-A dt. 13.10.2005 – GSR No. dt.
26
Amended vide Notification No. 14015/19/2001-AIS(I)-A dt. 13.10.2005 – GSR No. dt.
27
Inserted vide 28013/20/76-AIS(I)-A, dated 5/10/79
28
Amended vide Notification No. 14015/27/99-AIS(I)-A dt. 25.7.2000 – GSR 633(A)
29
Added ibid.
30
Ibid. Note 6.
31
Substituted vide DP&AR Not.No. 11039/6/76-AIS(I)-A, dated 3/6/77.
32
Substituted vide DP&AR Not.No. 11039/6/76-AIS(I)-A, dated 3/6/77.
109
33
Provided that the name of any officer so included in the list, shall be treated as
provisional, if the State Government, withholds the integrity certificate in respect of such an
officer or any proceedings, departmental or criminal, are pending against him or anything
adverse against him which renders him unsuitable for appointment to the service has come
to the notice of the State Government.
Provided further that while preparing year-wise select lists for more than one year
pursuant to the second proviso to sub-regulation (1), the officer included provisionally in any
of the select list so prepared, shall be considered for inclusion in the select list of subsequent
year in addition to the normal consideration zone and in case he is found fit for inclusion in
the suitability list for that year on a provisional basis, such inclusion shall be in addition to the
normal size of the select list determined by the Central Government for such year.34
Explanation II: The adverse thing which came to the notice of the State Government
rendering him unsuitable for appointment to the Service shall be treated as having come to
the notice of the State only if the same have been communicated to the Central Government
and the Central Government is satisfied that the details furnished by the State Government
have a bearing on the suitability of the officer and investigation thereof is essential.
35
5(6) Omitted.
36
5(7) [ Deleted ]
6. Consultation with the Commission:- This list prepared in accordance with regulation 5
shall then be forwarded to the Commission by the State Government along with-
(i) the records of all members of the State Civil Service included in the list;
(ii) the records of all members of the State Civil Service who are proposed to be
superseded by the recommendations made in the list;
(iii) 37[deleted].
(iv) the observations of the State Government on the recommendations of the
Committee.
38
6A The State Government shall also forward a copy of the list referred to in
regulation 6 to the Central Government and the Central Government shall send their
observations on the recommendations of the Committee to the Commission.
39
7. Select List:- (1) The Commission shall consider the list prepared by the Committee
along with-
(a) the documents received from the State Government under regulation 6;
(b) the observations of the Central Government and, unless it considers any change
necessary, approve the list.
33
Inserted vide DP&AR Not. No. 14015/4/88-AIS(I), dated 30/3/89
34
Amended vide notification No. 14015/27/99-AIS(I)-A dt. 25.7.2000 – GSR 633(E)
35
Ibid. Note 6.
36
Deleted vide DP&AR Not. No. 11039/6/76-AIS(I)-A, dated 3/6/77
37
Deleted vide DP&AR No. No. 11039/3/78-AIS(I), dated 2/6/79
38
Inserted vide DP&AR Notification No.14015/4/88-AIS-I dated 30.03.1989
39
Ibid. Note 20.
110
7(2) If the Commission considers it necessary to make any changes in the list
received from the State Government, the Commission shall inform the State Government
40
[and the Central Government] of the changes proposed and after taking into account the
comments, if any, of the State Government 41[and the Central Government], may approve
the list finally with such modification, if any, as may, in its opinion, be just and proper.
7(3) The list as finally approved by the Commission shall form the Select List of the
members of the State Civil Service.
Provided that if an officer whose name is included in the Select List is, after such
inclusion, issued with a charge-sheet or a charge-sheet is filed against him in a Court of
Law, his name in the Select List shall be deemed to be provisional.
7(4) 42The Select List shall remain in force till the 31st day of December of the year in
which the meeting of the selection committee was held with a view to prepare the list under
sub-regulation (1) of regulation 5 or upto sixty days from the date of approval of the select
list by the Commission under sub-regulation (1) or, as the case may be, finally approved
under sub-regulation (2), whichever is later:
43
Provided that where the State Government has forwarded the proposal to declare a
provisionally included officer in the select list as “unconditional”, to the Commission during
the period when the select list was in force, the Commission shall decide the matter within a
period of forty-five days or before the date of meeting of the next selection committee,
whichever is earlier and if the Commission declares the inclusion of the provisionally
included officer in the select list as unconditional and final, the appointment of the concerned
officer shall be considered by the Central Government under regulation 9 and such
appointment shall not be invalid merely for the reason that it was made after the select list
ceased to be in force.
Provided further that in the event of any new Service or Services being formed by
enlarging the existing State Civil Service or otherwise being approved by the Central
Government as the State Civil Service under Clause (j) of sub-regulation (1) of regulation 2,
the Select List in force at the time of such approval shall continue to be in force until a new
select list prepared under regulation 5 in respect of the members of the new State Civil
Service, is approved under sub-regulation (1) or, as the case may be, finally approved under
sub-regulation (2).
Provided also that where the select list is prepared for more than one year pursuant to
the second proviso to sub-regulation (1) of regulation 5, the select lists shall remain in force
till the 31st day of December of the year in which the meeting was held to prepare such lists
or upto sixty days from the date of approval of the select lists by the Commission under this
regulation, whichever is later. 44
45
7(5) [Omitted]
46
8. [Omitted]
9. Appointments to the Service from the Select List.- 9(1) Appointment of a member of
the State Civil Service, who has expressed his willingness to be appointed to the Service,
40
Ibid. Note 6.
41
Ibid. Note 6.
42
Ibid. Note 6.
43
Amended vide notification no. 14015/19/2001-AIS(I)-A dt. 13.10.2005 – GSR No. dt
44
Added vide notification No. 14015/27/99-AIS(I)-A dt. 25.7.2000 – GSR 633(E).
45
Ibid. Note 6.
46
Ibid. Note 6.
111
shall be made by the Central Government in the order in which the names of the members of
the State Civil Service appear in the Select List for the time being in force during the period
when the select list remains in force:
47
Provided that the appointment of members of the State Civil Service shall be made in
accordance with the agreement arrived at under clause (b) of sub-rule (3) of rule 8 of the
Recruitment Rules in the order in which the names of the members of the State Civil Service
occur in the relevant parts of the Select List for the time being in force.
Provided further that the appointment of an officer, whose name has been included or
deemed to be included in the select list provisionally under the proviso to sub-regulation (5)
of regulation 5 or under the proviso to sub-regulation (3) of regulation 7, as the case may be,
shall be made within sixty days after the name is made unconditional by the Commission in
terms of the first proviso to sub-regulation (4) of regulation 7:
Provided also that in case a select list officer has expressed his unwillingness for
appointment to the service, he shall have no claim for appointment to the service from that
select list unless he informs the Central Government through the State Government before
the expiry of the validity period of the select list, revoking his earlier expression of
unwillingness for appointment to the service.
48
9(2) [Omitted]
49
10. Power of the Central Government not to appoint in certain cases:-
37?
Notwithstanding anything contained in these Regulations [ ] the Central Government may
not appoint any person whose name appears in the Select List, if it is of opinion that it is
necessary or expedient so to do in the public interest.
Provided that no such decision shall be taken by the Central Government without
consulting the Union Public Service Commission.
11. 50[Omitted]
51
Schedule (See Regulation 3)
47
Ibid. Note 6.
48
Ibid. Note 6.
49
Ibid. Note 20.
50
Ibid. Note 6.
51
Amended vide Notification No. 14015/08/2001-AIS(I)-A dt. 31.01.2005 – GSR No. 51 dt. 12.02.2005.
112
Secretary;
d) Special Secretary/Additional Secretary,
Government of India dealing with AGMUT
Cadre in Ministry of Home Affairs; and
e) two nominees of Government of India not
below the rank of Joint Secretary.
113
Govt. of India Decisions
"The State Government certify the integrity of Shri--------with reference to the entries in his
annual confidential reports."
1.2. The Selection Committee should also consider the question of suitability of the
officers for selection with reference to their integrity and should specifically record in their
proceedings that they were satisfied from the remarks in the confidential reports of the
officers, selected by them for inclusion in the Select List, that there was nothing against their
integrity.
[G.I., M.H.A. letter No. 14/23/65-AIS(III), dated 8/6/1965, read with MHA letter No. 14/23/65-
AIS(III), dated 28th July, 1965.]
2.1 A State Government is competent to declare any duly constituted Police Service in
the State as equivalent to the Principal Police Service of the State for the purpose of
regulation 2(i) and rule 2(g) of the I.P.S. (Recruitment) Rules, 1954. Where equivalence so
declared, it is for the State Government to determine the service in ranks or categories of the
posts which will be equivalent in service to the post of Deputy Superintendent of Police.
2.2 Equivalent posts in non-police departments are intentionally excluded from the scope
of the eligibility clause (regulation 4), the reason being that experience not involving police
duties should not be reckoned for this purpose. In the case of the I.A.S. however, service in
equivalent posts is taken into consideration and the State Government have been given
discretion to declare any post as equivalent to that of Deputy Collector for the purpose of
determining the eligibility of an officer for consideration for inclusion in the Select List. This is
because for holding posts in the I.A.S. experience in revenue and general administration is
required and in some of the departments (other than police and revenue) the duties involved
in the higher posts are of administrative nature.
2.3 As service in equivalent posts is not taken into account for determining the eligibility
of a State Police Service officer for inclusion in the Select List, the State Governments would
be well-advised not to send them on deputation to posts which are in non-police
departments and which cannot be declared by them as equivalent to Principal Police Service
of the State.
[G.I.,M.H.A.letter No. 28/38/64-AIS(III), dated 5/1/1965.]
3.1 It is open to the State Government to depute their officers in the State Police Service
to the post of A.D.C. to Governor or a Security Officer in a Public Sector Undertaking which
essentially requires the services of a police officer for the discharge of duties against the
deputation reserve provided in the State Police Service cadre or in any other manner without
declaring the non-police department as such in which these posts exist as equivalent to the
Principal Police Service of the State. In these cases, service or deputation as A.D.C. or
Security Officer in non-police department will count as State Police Service under this
regulation.
3.2 In case where a State Police Service Officer goes on deputation to such a post in a
non-police department/police department before the inclusion of his name in the Select List
and is remunerated at that stage on a scale of pay identical or nearly identical to the senior
114
scale of the I.P.S. he would not be allowed to count his officiation in such posts towards his
eventual fixation of seniority if and when he is subsequently appointed to the I.P.S .
[G.I., M.H.A. letter No. 15/13/65-AIS(I), dated 7/7/1965.]
1. Having regard to the provision contained in the proviso to the sub-regulation (4) of
Regulations 7 of the IAS (Appointment by Promotion), Regulation, 1955 the State
Government/the Joint Cadre Authority, while making recommendations for the appointment
of a member of the State Civil Service to the Indian Administrative Service, may forward a
certificate on the following lines:
"The State Government/the Joint Cadre Authority certifies that subsequent to the inclusion of
the name of Shri------------ in the Select List, there has been no deterioration in his work as to
render him unsuitable for appointment to the Indian Administrative Service nor has any lapse
in his conduct or performance of duties in his part come to the notice of the State
Government/the Joint Cadre Authority."
[ DP & AR letter No. 11/4/73-AIS(I), dt. 22/5/73.]
2. It has come to the notice of the Central Government recently where officers not
specified in the relevant Schedule to the Promotion Regulation to participate in the Selection
Committee meetings as members had participated in such meetings and this had the effect
of vitiating the proceedings of the said Selection Committee. In order to avoid such a
situation, the State Governments have been requested to ensure that their officers, who
attend the meetings of the Selection Committees, are invariably those specified in column 3
of the Schedule to Regulation 3 of the I.A.S./I.P.S. (Appointment by Promotion) regulation,
1955 and in sub-regulation (1) of Regulation 3 of the I.F.S. (Appointment by Promotion)
Regulation, 1966.
[DP & AR letter No. 11039/5/80-AIS(I), dated 10/11/80.]
3.1. It has been brought to the notice of the Government of India by the Commission that
the State Governments do not bring out specifically to the notice of the Selection
Committee/Commission cases where decisions on representations made against adverse
entries are yet to be taken by the State Government. According to the Commission, this
results in the officers who are not included in the Select List filing writ petitions against the
selections made by the Selection Committees and in some cases the courts passing orders
accepting the writ petitions and directing the respondents to review the proceedings of the
Selection Committee ignoring the adverse entries.
3.2. The State Govts. have been requested that while furnishing the material/information to
the Union Public Service Commission for holding the meetings of the Selection Committees,
the State Governments should invariably furnish the following certificates:-
(a) Adverse remarks in the character rolls of the following eligible officers have not been
communicated by the State Government to the officers concerned.
(b) Adverse entries in respect of the following eligible officers have been communicated but
no representations have been so far received from the officers concerned but the time limit
to represent is not yet over.
(c) Representations against adverse entries in respect of the following officers have been
received within the stipulated time but the decision of the State Government, is yet to be
taken.
[DP&AR letter No. 14015/14/81-AIS(I), dated 7/7/81.]
115
4. According to the existing practice, members of the State Civil/Police/Forest Service
whose suitability for promotion to the I.A.S./I.P.S./I.F.S. is considered by the Selection
Committee and against whom disciplinary proceedings are pending are included in the
Select List subject to clearance of enquiries pending against them. The State Governments
have been requested that a list of officers against whom disciplinary proceedings are
pending and a list of those in respect of whom it has been finally decided to institute
disciplinary proceedings, may invariably be given to the Chairman of the Selection
Committee as in the proforma enclosed at the time of the meeting of the Committee.
[DP&AR letter No. 14015/28/81-AIS(I), dated 6/2/82.]
5. After the amendments dated 31.12.1997, the State Govts. are to forward signed
declaration of marital status and consent for termination of lien in the State Service on
eventual substantive appointment is the IAS from the State Civil Service officers included in
the consideration zone to the Central Government separately, even while sending proposals
for convening the Selection Committee to the Commission. Any adverse development in
respect of the officers included in the consideration zone which is likely to render him
unsuitable for appointment to the Service for the time-being (e.g.) withdrawal of integrity
certificate by the State Govt. / issue of charge sheet / filing of criminal case against the
officer etc.should be immediately brought to the notice of the Central Government and
Commission by the State Govt. concerned by FAX / Speed Post and acknowledgement
secured from the addressee.
[DOP&T Lr.No.F.14015/1/98-AIS(I)dt. 6.7.1998]
6. State Civil Service officers who crossed 54 years of age during 1.4.1997 and
31.12.1997 and where no selection committee met to consider their promotion to IAS during
this period, are eligible to be considered by the selection committee meeting in 1998, in
terms of the second proviso to Regulation 5(3) of the Promotion Regulations.
[DOP&T Lr.No.14015/5/98-AIS(I) dt. 14.9.1998]
7. Every State Civil Service officer eligible and falling in the consideration zone framed
under Regulation 5(2) shall be considered and graded by the Selection Committee and the
list of suitable officers drafted in accordance with Regulation 5(4) and 5(5) of the Promotion
Regulations. The choice of option exercised by the State Civil Service officer for promotion
to IAS shall be reckoned with by the Central Government only in case of their inclusion in the
select list after its approval by the Commission, in terms of third proviso to Regulation 9(1) of
the Promotion Regulations.
[DOP&T Letter .No. 14015/16/99-AIS(I) dated 22.11.1999]
1. The appointment of a State Service officer to an All India Service against the
promotion quota or otherwise is appointment in a substantive capacity outside his cadre. His
lien on the post in the State Service shall, therefore, be suspended under Fundamental Rule
14(a)(2) and his written consent obtained for the termination of his lien on the post in the
State Service before he is confirmed in the All India Service. The written consent should be
obtained by the State Government while recommending the names of State Service officers
for appointment to the All India Service.
[G.I., M.H.A. letter No. 4/4/60-AIS(II), dated 15/10/1960.]
116