SIKKIM STATE POLICE SERVICE (RECRUITMENT) RULES, 1976

PREAMBLE

In exercise of the powers conferred by proviso to article 309 of the Constitution of India and in supersession of all previous rules on the subject, the Governor is hereby pleased to make the following rules regulating the recruitment to the Sikkim State Police Service, namely:--

Rule - 1. Short title and commencement.

(1)     These rules may be called the Sikkim State Police Service (Recruitment) Rules, 1976.

(2)     They shall come into force with effect from the date of their publication in the Sikkim Government Gazette.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires:--

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

(b)      "Committees" means the Committee constituted under rule 5;

(c)      "Cadre Schedule'' means the schedule appended to these rules;

(d)      "Government" means the Government of Sikkim;

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

(f)       "Member of the Service" means a Member of the Sikkim State Police Service;

(g)      "Recommending Authority" means the Secretary to the Government of Sikkim;

(h)     "Service" means the Sikkim State Police Service;

(i)       "State" means the State of Sikkim;

(j)       "Year" means the financial year.

Rule - 3. Constitution of the Service.

The service shall consist of the following persons namely:-

(a)        Persons holding the posts of Additional Commissioner of Police, A.D.C. to Governor, Deputy Commissioner of Sikkim Police, Assistant Commissioner of Sikkim Police, Assistant Commissioner of Sikkim Police (Wireless), Deputy Commissioner of Sikkim Police (Crime), Deputy Commissioner of Sikkim Police (Lines & Training), Deputy Commissioner of Sikkim Police (Intelligence), Deputy/Assistant Commissioner of Sikkim Police (Anti-Corruption), District Police Officer and Company Commander (Armed Police Battalion) in the rank of Assistant Commissioner of Police.

(b)        Persons recruited to the service before the commencement of these rules;

(c)        Persons recruited to the service in accordance with the provisions of these rules.

Rule - 4. Methods of Recruitment to the Service.

(1)     Recruitment to the Service after the commencement of these rules shall be by the following methods, namely:--

(a)      By the Competitive Examination to be held by the Commission;

(b)      By selection from among persons serving in connection with the affairs of the State of Sikkim.

(2)     The proportion of vacancies, to be filled in any year in accordance with clauses (a) and (b) above, shall be 50: 50 respectively;

Provided that the number of persons, recruited under Clause (b) above, shall not at any time exceed 50% of the total strength of the service.

(3)     Notwithstanding anything contained in sub-rule (1), if in the opinion of the Government the exigencies of the service so require, the Government may, after consultation with the Commission, adopt such method of recruitment to the Service, other than these specified in the said sub-rule as it may, by Notification in this behalf, prescribe.

Rule - 5. Recruitment by Selection.

(1)     There shall be a Selection Committee consisting of the following, namely:--

(a)      Chairman, Sikkim Public Service Commission, or, where the Chairman is unable to attend, a Member, Sikkim Public Service Commission.

(b)      Chief Secretary to the Government.

(c)      Inspector-General of Police.

(d)      Secretary to the Government, Home Department.

The Chairman, or the Member, Sikkim Public Service Commission, as the case may be, shall preside at the meetings of the Selection Committee at which he is present.

(2)     The Government shall call upon the Recommending Authority to submit recommendations in respect of persons serving in connection with the affairs of the State;

(a)      Who are of outstanding merit and ability;

(b)      Who, on the first day of that year, have completed not less than 10 years continuous service under the Government in the posts not below the rank of Inspectors of Police, Circle Inspectors, Court Inspectors, Traffic Inspectors, Inspectors of Police (Intelligence), Inspectors of Police (Anti-Corruption) Company Commanders (Armed Police Battalion) in the rank of Inspector of Police and Inspector of Police (Crime) and who are holding those posts substantively;

(3)     The Government shall refer the cases of such persons recommended under sub-rule (2) to the Committee and shall simultaneously forward to the Committee the recommendations of the Recommending Authority together with the Character Rolls and Service Records of such persons and shall also indicate the approximate number of vacancies to be filled by selection.

(4)     The Committee shall, on initial scrutiny of the recommendations and the Character Rolls and Service Records call such persons, as it may consider prima facie suitable for interview and prepare a list of such persons who in its opinion, arc suitable for appointment to the service in order of preference which shall be determined in accordance with the general suitability of such persons for appointment to the service;

Provided that no person shall be recommended under sub-rule (2) nor shall the Committee select any such person unless the Recommending Authority and/or the Committee, as the case may be, is further satisfied that--

(a)      he has executive ability; and

(b)      his service can more profitably be utilised by appointment to the service.

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

(6)     The Committee shall ordinarily meet at the interval hot exceeding one year.

Rule - 6. Consultation with Commission.

(1)     The list prepared in accordance with rule 5 shall be forwarded to the Commission by the Government along with--

(i)       the records of all the persons included in the list;

(ii)      the records of all the persons, who are proposed to be superseded by the recommendations made in the list;

(iii)     the reasons as recorded by the Committee for the proposed supersession; and

(iv)    the observation of the Government on the recommendations of the Committee.

(2)     The Commission shall consider the list prepared by the Committee along with the other documents received from the Government or on receipt of other documents as may have been called for by the Commission and unless it considers any change necessary, approve the list.

(3)     If the Commission considers it necessary to make any changes in the list received from the Government, the Commission shall inform the Government of the changes proposed and after taking into account the comments, if any, of the Government, may approve the list finally with such modification, if any, as may, in its opinion, be just and proper.

(4)     The list, as finally approved by the Commission, shall be forwarded to the Government along with all the papers received under sub-rule (1) and sub-rule (2), if any.

(5)     The list shall ordinarily be in force until its review and revision;

Provided that in the event of a grave lapse in the conduct or performance in duty on the part of any person included in the list, a special review of the list may be made at any time at the instance of the Government and the Commission may, if it so-thinks fit, remove the name of such person from the list.

Rule - 7. Appointments to the Service from the list.

(1)     Appointments of person included in the list to the service shall be made by the Government in the order in which the names of person appear in the list for the time being in force.

(2)     It shall not ordinarily be necessary to consult the Commission before such appointment are made, unless during the period intervening between the inclusion of the name of the person in the list and the date of proposed appointment there occurs deterioration in the work of the person which, in the opinion of the Government, is such as to render him unsuitable for appointment to the service.

Rule - 8. Recruitment by Competitive Examination.

(1)     A Competitive Examination for recruitment to the service shall be held at such intervals as the Government may, in consultation with the Commission, from time to time, determine.

(2)     The examination shall be conducted by the Commission in accordance with such rules and syllabus as the Government, from time to time, make in consultation with the Commission

(3)     Of the number of vacancies to be filled upon the results of each examination there shall be reservation in favour of candidates belonging to Scheduled Castes and Scheduled Tribe to the extent and subject to the conditions as the Government may, from time to time, prescribe.

(4)     The Commission shall prepare a list of all candidates who have qualified in the examination in order of merit which shall be determined in accordance with the aggregate marks obtained by each candidate and if two or more candidates obtain equal marks, the Commission shall arrange them in order of their relevant merit which shall be determined in accordance with the general suitability of the candidate for appointment to the service. The list shall be forwarded to the Government and be published in the Gazette of Sikkim.

(5)     The inclusion of candidates' name in the list shall confer no right to appointment unless the Government is satisfied, after such enquiry as may be considered necessary, that the candidate is suitable in all respects for appointment to the service.

Rule - 9. Conditions of eligibility for appearing at the Competitive Examination.

(1)     In order to be eligible to compete at the competitive examination, a candidate must satisfy the following conditions, namely:--

(i)       Nationality--He must be a citizen of India.

(ii)      Age--He must have attained the age of 21 but must not have exceeded the age of 30 on the first day of the year of advertisement;

Provided that the upper age limit may be relaxed in respect of candidates belonging to Scheduled Castes and Scheduled Tribes in accordance with orders issued by the Government from time to time.

(iii)     Educational qualification--He must hold a degree of any university recognised by the Government for this purpose.

(iv)    He must pay the fees prescribed by the Commission.

Rule - 10. Attempts at the examinations.

No candidate shall be permitted to compete more than three times at the competitive examination.

Note:--A candidate shall be deemed to have competed at the examination if he actually appears in any one or more subjects.

Rule - 11. Disqualification for admission to examination.

Any attempt on the part of the candidate to obtain support for his candidature by any means may be held by the Commission to disqualify him for admission to the competitive examination.

Rule - 12. Commission's decision final.

The decision of the Commission as to the eligibility or otherwise of a candidate for admission to the examination shall be final and no candidate whom certificate of admission has not been issued by the Commission shall be admitted to the examination.

Rule - 13. Appointments from the list.

Subject to the provisions of rules 14, 15, 16 candidates will be considered for appointment to the available vacancies in the order in which their names appear in the list,

Rule - 14. Disqualification for appointment on grounds of plural marriage.

No person--

(a)      who has entered into or contracted marriage with a person having a spouse living; or

(b)      who, having a spouse living, has entered into or contracted a marriage with any person;

shall be eligible for appointment to the service:

Provided that the Government may, if satisfied that such marriage is permissible under the personal law or customs applicable to such person and the other party to the marriage, exempt any person from the operation of this rule.

Rule - 15. Penalty for impersonation.

A candidate, who is or has been declared by the Commission guilty of impersonation or of submitting fabricated document or documents which have been tempered with or of making statements which are incorrect or false or of suppressing material information or of using or attempting to use unfair means in the examination hall or otherwise resorting to any other irregular or improper means for obtaining admission to the examination, may, in addition to rendering himself liable to a criminal prosecution, be debarred either permanently or for a specified period--

(a)      by the Commission from admission to any examination or appearance at any interview held by the Commission for Selection of candidates; and

(b)      by the Government from employment under the Govt.

Rule - 16. Disqualification for appointment on medical grounds.

No candidate shall be appointed to the service who, after such medical examination, as the Government may prescribe, is not found to be in good mentally or bodily health and free from any mental or physical defect likely to interfere with the discharge of the duties of the service.

Rule - 17. Probation.

(1)     Every person recruited to the service by the competitive examination shall be appointed to the service on probation for a period of two years.

(2)     Every person recruited to the service by selection shall be appointed to the service on probation for a period of one year.

(3)     The Government may, if it so thinks fit in any case or class of cases, extend the period of probation by a period not exceeding two years.

Rule - 18. Confirmation.

Where a probationer has completed his period of probation to the satisfaction of the Government he shall, subject to the other provisions of these rules, be confirmed in the service at the end of his period of probation.

Rule - 19. Execution of agreement.

A probationer, who has been appointed to the service by competitive examination, shall on appointment to the service 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 - 20. Training.

A probationer, who has been appointed to the service by the competitive examination, shall on appointment to the service undergo such training and for such period as the Government may direct.

Rule - 21. Departmental Examination.

Every probationer who has been recruited to the service by competitive examination, during the period of probation, shall appear at and pass the prescribed Departmental Examination.

Rule - 22. Discharge of a Probationer.

A probationer shall be liable to be discharged from the service or as the case may be, reverted to his substantive post--

(a)      if he fails to pass the Departmental Examination; or

(b)      the Government is satisfied that the probationer was ineligible for recruitment to the service or is unsuitable for being a member of the service; or

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

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

Rule - 23. Composition and strength of the Service.

(1)     The posts borne on the strength and composition of the service shall be as determined by the Government from time to time,

(2)     At the commencement of these rules, the strength and the composition of the service shall be as shown in Schedule I.

Rule - 24.

(1)     The scale of pay admissible to the members of the service shall be as determined by the Government from time to time.

(2)     At the commencement of these rules, the scale of pay admissible to the members of the service shall be as shown in Schedule II.