SIKKIM POLICE FORCE (RECRUITMENT, PROMOTION AND SENIORITY) RULES, 2000

PREAMBLE

In exercise of the powers conferred by the proviso to article 309 of the Constitution of India, the governor is hereby pleased to make the following rules regulating the recruitment, promotion and seniority of the Sikkim Police force, namely:-

Rule - 1. Short title and commencement.

(1)     These rules may be called Sikkim Police Force (recruitment, Promotion and Seniority) Rules, 2000.

(2)     They shall come into force on and from the date of their publication in the Official Gazette.

Rule - 2. Application.

Notwithstanding anything to the contrary contained in any other rules for the time being in force, these rules shall apply to the posts specified in column 2 of the schedules I and II in respect of matters covered by these rules.

Rule - 3. Definitions.

In these rules, unless the context otherwise requires:-

(a)      Appointing authority means-

(1)     in relation to the posts upto and including the sub-Inspector, the Director General of Police.

(2)     in relation to the post of Inspector of the Force, the Governor.

(b)      "Commission" means the Sikkim Public Service Commission;

(c)      "Committee" means the Departmental Promotion Committee as may be constituted by the Government from time to time;

(d)      "Force" means the Sikkim Police Force constituted under the Police Act, 1861;

(e)      " Government" means the State Government of Sikkim;

(f)       "Governor" means the Governor of Sikkim;

(g)      "Home Guard" means a person appointed under sub-section (1) of section 4 of the Sikkim Home Guards Act, 1992 (I of 1992);

(h)     "Member of the service" means a member of the Sikkim Police Force;

(i)       "Schedules" means the schedules appended to these rules;

(j)       "Year" means the financial year.

Rule - 4. Constitution of the Force.

The Force shall consist of the following, namely:-

(a)      Persons holding the posts upto and including Inspections under Schedule I of the Sikkim Police Force (Recruitment, Promotion and Seniority) Rules, 1981.

(b)      Persons holding the posts of Constable, Head Constable, Assistant sub-Inspector, Sub-Inspector and Inspector under the Sikkim Vigilance Police Force (Recruitment, Promotion and Seniority) Rules, 1981.

(c)      Persons holding the posts of Sub-Inspector and Inspector under the Sikkim Armed Police (Recruitment, Promotion and Seniority) Rules, 1989.

(d)      Persons recruited to the Force in accordance with the provision of these rules.

Rule - 5. Method of recruitment, age, qualification and eligibility conditions.

The method of recruitment, eligibility conditions and other matters connected therewith shall be as specified in the Schedules, Relaxation in the upper age limit shall be 2 years in case of Home Guards.

Rule - 6. Disqualification for appointment on medical grounds.

No candidates shall be appointed to the force who, after such medical examination, as the Government may Prescribe, is not found to be mentally or bodily sound and which is likely to interfere with the discharge of the Force.

Rule - 7. Period of probation.

Every person appointed to the Force, whether by promotion or by direct recruitment, shall be on probation as specified in the Schedules:

Provided that the appointing authority may for reasons to be recorded in writing extend the period of Probation for a period not exceeding one year.

Rule - 8. Promotions.

(a)      All promotions to the Force shall be made on the recommendation of the committee in relation to posts upto Sub-Inspectors and the Commission, in respect of the posts of Inspectors.

(b)      Where pre-promotional written examinations are prescribed for those not having the required educational qualifications, the minimum quality marks shall be 45%.

(c)      The Government shall, from time to time, for the purpose of this rule, prepare a list of persons holding the posts mentioned in the Schedules I and II in order of seniority who have completed the prescribed length of service for promotion to the posts of Sub-Inspector and Inspector, respectively.

(d)      The number of persons included in the list to be forwarded to the Commission or the committee, as the case may be, shall be five eligible persons in order of seniority and thereafter in multiples of two for every additional vacancy:

Provided it shall not apply where the number of eligible persons is less than the maximum permissible number and in such a case, the names of al the eligible persons shall be included in the list.

(e)      The government shall forward to the Commission or the committee, as the case may be the list prepared under sub-rule (d) along with the Confidential Reports and service records of the persons included in the list for the period of service required for promotion indicating the anticipated number of vacancies to be filled by promotion in course of period of 12 months commencing from the date of preparation of the list.

(f)       (1) In respect of the Inspectors, the Commission after satisfying themselves that the records and information are complete in all respect have been received, shall consider and prepare a final list of persons who are found suitable for promotion.

(2) In respect of posts upto the Sub-Inspector, the committee shall prepare the final list in accordance with the conditions specified in the Schedules.

(g)      The number of persons to be included in the list shall not exceed twice the number of vacancies to be filled by promotion.

(h)     (1) The Commission shall forward the list prepared under clause (1) of sub-rule (f) to the Government along with all the confidential reports and service records received from the Government. The Component Authority shall order promotion of the persons included in the final list in order in which their names appear in the list.

(2) The committee shall forward the list prepared under clause (2) sub-rule (f) to the Department along with all the records.

(i)       The final list shall ordinarily be in force for a period of 12 months from the date of recommendation of the Commission of the committee, as the case may be.

Rule - 9. Seniority.

(i)       The relative seniority of the members of the force recruited directly, shall be determined by the order of merit in which they are selected for such recruitment. Members as a result of an earlier selection shall be senior to those recruited as a result of a subsequent selection.

(ii)      The relative seniority of persons promoted from a lower post shall be on the basis of seniority-cum-merit subject to successfully passing the prescribed exam.

(iii)     The relative seniority inter-se of members recruited directly and through promotion shall be determined according to the rotation of vacancies between direct recruits and promotes which shall be based on the quota of vacancies reserved for direct recruitment and promotion, respectively, in these rules.

Rule - 10. Scale of Pay.

(i)       The scale of pay admissible to the member of the Force shall be determined by the Government from time to time.

(ii)      At the commencement of these rules, the scale of pay admissible to the members of the Force shall be as shown in column 3 of the Schedules.

Rule - 11. Execution of Agreement.

A probationer, who is appointed to the force by direct recruitment shall execute an agreement in the form as may be prescribed by the Government binding himself and one surety, jointly or severally in the event of his failing to comply with any of the provisions of these rules to the satisfaction of the Government to refund any money paid to him consequent on his appointment as probationer.

Rule - 12. Training.

A probationer who has been appointed to the force, shall undergo such training and for such period as the Competent Authority may direct.

Rule - 13. Discharge or reversion of a probationer.

A probationer shall be liable to be discharge from the force or as the case may be, reverted to his Substantive post-

(i)       if he fails to successfully complete the prescribed training; or

(ii)      the Competent Authority is satisfied that the probationer was ineligible for recruitment to the Force or is unsuitable for being a member of the Force; or

(iii)     if he is found lacking in qualities of mind and character or in the constructive outlook and human sympathy needed in the public service; or

(iv)    if he fails to comply with any of the provisions of these rules.

Rule - 14. Administrative control.

(i)       The control over the Force including appointments, transfers and deputations shall vest with the Government in the Department of Personnel in relation to the Inspectors.

(ii)      The control over the Force, in relation to posts upto the sub-Inspectors, the director General of Police shall have control. However, prior consent of the Director-vigilance shall be obtained in the matter of transfer and deputations of those persons who at the time are in the Vigilance Department.

Rule - 15. Residuary matters.

All other matters in relation to the force not specified of for which no provisions has been made in these rules shall be regulated by rules and orders applicable to other Government servants of the Government of equivalent status.

Rule - 16. Interpretation.

If any question arises as to the interpretation of these rules the decision of the government thereon shall be final.