3(1) There shall be constituted for a State Cadre or a Joint Cadre specified in column 2 of the 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 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 an All India Service;
(ii) the nominees 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; and
(iii) the Central Government may after consultation with the State Government, amend the Schedule.
3(2) The Chairman or the member of the Commission shall perside at all meetings of the Committee in which he is present.
3(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 the meeting.” 114 [Deleted].
125 Preparation of a list of Suitable officers.- 5(1) 13Each Committee shall ordinarily meet every year and prepare a list of such members of the State Police Service, as are held by them to be suitable for promotion to the Service. The number of members of the State Police 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.
6 Substituted w.e.f. 1.11.56 vide MHA Notification No. 13/21/56-AIS(III) -D, dated 28.2.58 and awarded w.e.f. 2/5/61 vide MHA Not. No. 10/5/61-AIS dated 1/9/61 7 Substituted vide DOPT Not. No. 13/4/71-AIS(I) dated 11.1.72 8 Omitted vide D.P. Not. No. 1/1/72-AIS-B dt. 12/10/72 9 Added vide DP Notification No.14015/26/89-AIS-I dated 07.11.1989 and substituted vide Notification No. 14015/52/96- AIS (I)-B, dt. 31.12.97 10 Added/substituted/amended vide MHA Notification Np.17/219/78-AIS(III)B dated 02.06.1959, DP Notification No.14015/26/89-AIS-I dated 07.11.1989 and again substituted vide Notification No. 14015/08/2001-AIS(I)B dated
31.01.2005 (GSR No. 52 dt. 12.02.2005) 11 Rule 4 deleted vide MHA Not. No. 1/1/72-AIS dated. 12.10.72 12 Substituted vide MHA Not. No. 16/1/68-AIS(III)-B dated. 09.04.1970 13 117 The date and venue of the meeting of the Committee to make the selection shall be determined by the Commission:
17Provided 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 Police 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 Police Service under rule 9 of the recruitment rules.
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
Explanation- In the case of joint cadres, a separate select list shall be prepared in respect of each State Police Service.
185(2)19 The Committee shall consider for inclusion to the said list, the cases of members of the State Police Service in the order of a seniority in that service of a number which is equal to three 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 three 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 filed 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 Police Service unless, on the first day of January of the year 20[for which the select list is prepared] he is substantive in the State Police Service and has completed not less than eight years of continuous service (whether officiating or substantive) in the post of Deputy Superintendent of Police or in any other post or posts declared equivalent thereto by the State Government .
21Provided also that in respect of any released Emergency Commissioned Officers or Short Service Commissioned Officers appointed to the State Police 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 22[for which the select list is prepared], in the post of Deputy Superintendent of Police or in any other post or posts declared equivalent thereto by the State Government.
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 Police Service of a constituent State, by the Government of that State.
5(2A)23 [ ] Deleted.
118 5(3) The Committee24 shall not consider the cases of the members of the State Police Service who have attained the age of 24AFifty-six years on the first day of 25 January of the year 26 {for which the select list is prepared}:
27Provided that a member of the State Police Service whose name appears in the Select List (prepared for the earlier year)27A 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)27B 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 24Afiftysix years;
28Provided further that a member of the State Police Service who has attained the age of 24Afifty-six years on the first day of January of the year 29{for which the select list is prepared} 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 30[under item (b) of the proviso to sub-regulation(1)] 315(3A) The Committee shall not consider the case of such member of the State Police 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 9(a) 5(4)32 The 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) The 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 Police Service:
33Provided that the name of an 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.
34Provided 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 additional to the normal size of the select list determined by the Central Government for such year.
4A Substituted vide DOPT Notification No. 14015/30/2015- AIS (I)-A dated 17.03.2015 119 120
Explanation I: The proceedings shall be treated as pending only if a charge-sheet has actually been issued to the officer or filed in a Court, as the case may be.
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 details of 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.
5(6)35 Omitted.