THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954

In exercise of the powers conferred by sub-section (1) of Section 3 of the All India Services Act, 1951 (LXI of 1951), the Central Government, after consultation with the Governments of the States concerned, hereby makes the following rules, namely:-

1. Short title ?

These rules may be called the Indian Administrative Service (Cadre) Rules, 1954.

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2. Definitions ?

In these rules, unless the context otherwise requires,-

(a) ?Cadre officer? means a member of the Indian Administrative Service;

(b) ?Cadre post? means any of the post specified under item I of each cadre in the schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955;

(c) ?State? means (a State specified in the First Schedule to the constitution and includes a Union Territory).

(d) ?State Government concerned?, in relation to a Joint cadre, means the Joint Cadre Authority.

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3. Constitution of Cadres.?

(1) There shall be constituted for each State or group of States an Indian Administrative Service Cadre.

(2) The Cadre so constituted for a State or a group of States is hereinafter referred to as a ?State Cadre? or, as the case may be, a ?Joint Cadre?.

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4. Strength of Cadres ?

(1) The strength and composition of each of the cadres constituted under rule 3 shall be as determined by regulations made by the Central Government in consultation with the State Governments in this behalf and until such regulations are made, shall be as in force immediately before the commencement of these rules.

(2) The Central Government shall, at the interval of every three years, re-examine the strength and composition of each such cadre in consultation with the State Government or the State Government concerned and may make such alterations therein as it deems fit:

Provided that nothing in this sub-rule shall be deemed to affect the power of the Central Government to alter the strength and composition of any cadre at any other time:

Provided further that the State Government concerned may add for a period not exceeding one year and with the approval of the Central Government for a further period not exceeding two years to a State of joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts.

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5. Allocation of members to various cadres ?

(1) The allocation of cadre officers to the various cadres shall be made by the Central Government in consultation with the State Government or the State Government concerned.

(2) The Central Government may, with the concurrence of the State Governments concerned transfer a cadre officer from one cadre to another cadre.

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6. Deputation of cadre officers ?

(1) A cadre officer may, with the concurrence of the State Governments concerned and the Central Government, be deputed for service under the Central Government or another State Government or under a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government or by another State Government:

Provided that in case of any disagreement, the matter shall be decided by the Central Government and the State Government or the State Government concerned shall give effect to the decision of the Central Government.

(2) A cadre officer may also be deputed for service under -

(i) a company, association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by a State Government, a Municipal Corporation or a Local Body by the State Government on whose cadre he is borne; and

(ii) an international organisation, an autonomous body not controlled by the Government, or a private body, by the Central Government in consultation with the State Government on whose cadre he is borne:

Provided that no cadre officer shall be deputed to any organisation or body of the type referred to in item (ii), except with his consent:

Provided further that no cadre officer shall be deputed under sub rule (1) or sub-rule (2) to a post (other than a post under the Central Government or under a company, association or body of individuals whether incorporated or not, which is wholly or substantially owned or controlled by the Central Government) carrying a prescribed pay which is less than, or a pay scale, the maximum of which is less than, the basic pay he would have drawn in the cadre post but for his deputation.

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7. Postings.-

All appointment to cadre posts shall be made-

(a)  (a)       in the case of a State Cadre, by the State Government; and

(b) (b)      in the case of a Joint Cadre, by the State Government concerned.

8. Cadre and ex-cadre posts to be filled by cadre officers ?

(1) Save as otherwise provided in these rules, every cadre post shall be filled by a cadre officer.

(2) A Cadre officer shall not hold an ex-cadre post in excess of the number specified for the concerned State under item 5 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955.

(3) The State Government may, with the prior approval of the Central Government, appoint a cadre officer to hold an ex-cadre post in excess of the number specified for the concerned State in item 5 of the Schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955 and, for so long as the approval of the Central Government remains in force, the said ex-cadre post shall be deemed to be an addition to the number specified in item 5 of the said Schedule.

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9. Temporary appointment of non-cadre officers to cadre posts ?

(1) A cadre post in a State shall not be filled by a person who is not a cadre officer except in the following case, namely:

(a) if there is no suitable cadre officer available for filling the vacancy:

Provided that when a suitable cadre officer becomes available, the person who is not a cadre officer, shall be replaced by the cadre officer:

Provided further that if it is proposed to continue the person who is not a cadre officer beyond a period of three months, the State Government shall obtain the prior approval of the Central Government for such continuance;

(b) if the vacancy is not likely to last for more than three months:

Provided that if the vacancy is likely to exceed a period of three months the State Government shall obtain the prior approval of the Central Government for continuing the person who is not a cadre officer, beyond the period of three months.

(2) A cadre post shall not be filled by a person who is not a cadre officer except in accordance with the following principles, namely:

(a) if there is a Select List in force, the appointment or appointments shall be made in the order of the names of the officers in the Select List;

(b) if it is proposed to depart from the order of names appearing in the Select List, the State Government shall forthwith make a proposal to that effect to Central Government together with reasons therefore and the appointment shall be made only with the prior approval of the Central Government;

(c) if a Select List is not in force and it is proposed to appoint a non-Select List Officer, the State Government shall forthwith make a proposal to that effect to the Central Government together with reasons therefore and the appointment shall be made only with the prior approval of the Central Government.?

(3) Where a cadre post is likely to be filled by a person who is not a cadre officer for a period exceeding six months, the Central Government shall report the full facts to the Union Public Service Commission with the reasons for holding that no suitable officer is available for filling the post and may in the light of the advice given by the Union Public Service Commission give suitable direction to the State Government concerned.

(4) Notwithstanding anything contained in these rules, in relation to the State of Nagaland and the Union Territories, a cadre post may be filled by a person who is a member of the Indian Frontier Administrative Service and was recruited to the Service prior to the 1st of January, 1968.

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10. Report the Central Government of vacant cadre posts ?

Cadre posts shall not be kept vacant or held in abeyance for periods exceeding six months without the approval of the Central Government. For this purpose, the State Government shall make a report to the Central Government in respect of the following matters, namely:-

(a) the reasons for the proposal;

(b) the period for which the State Government proposes to keep the post vacant or hold it in abeyance;

(c) the provision, if any, made for the existing incumbent of the post; and

(d) whether it is proposed to make any arrangements for the performance of the duties of the post to be kept vacant or held in abeyance, and if so, the particulars of such arrangements.

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11. Holding of more than one post by a cadre officer ?

(i) The State Government concerned in respect of the post borne on the State Cadre or the Joint Cadre as the case may be, for the purpose of facilitating leave arrangements or for making temporary arrangements for a period not exceeding six months, direct that any two cadre posts or a cadre post and an equivalent post may be held simultaneously by one single cadre officer.

(ii) Where the State Government is of the opinion that it is necessary so to do, it may, with the prior approval of the Central Government, order that the posts directed by it to be held simultaneously by one single cadre officer under sub-rule (i), may continue to be so held for a period beyond six months but, in any case, not beyond twelve months from the date with effect from which the posts were first directed to be so held under sub-rule (i).

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11-A. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre.

The powers of the State Government under the second proviso to sub-rule (2) of rule 4, under clause I of sub-rule (2) of rule 6 and under Rules 7, 10 and 11, in relation to the members of the Service serving in connection with the affairs of any of the Constituent States shall be exercised by the Government of that State.

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11-B. Authority to exercise certain powers in respect of members of the Service serving in connection with the affairs of the State constituting a Joint Cadre.

The powers of the State Government under rule 9, in relation to the members of the Service serving in connection with the affair of any of the Constituent States shall be exercised by the Government of that State.

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12. Interpretation ?

If any question arises as to the interpretation of these rules, the Central Government shall decide the same.

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13. Repeal and saving ?

All rules corresponding to these rules and in force immediately before the commencement of these rules are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to have been make or taken under the corresponding provisions of these rules.

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