THE INDIAN POLICE SERVICE (PROBATION)
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 consultaion with the Governments of the States
concerned, hereby makes the following rules, namely:- 1.
Short title.- These rules may be called the Indian Police
Service (Probation) Rules, 1954. 2.
Definitions.- ?In
these rules, unless the context otherwise requires,- (a)?
* * * (b)?
* * * (c) `Commission' means the Union Public
Service Commission; (d)?
* * * (e) `Probationer' means a person appointed
to the Service on probation and include an `exempted probationer' when he is
appointed to the Service on probation." (ee) `Exempted probationer' means a person
who, on being allocated to the Service, has expressed his intention to appear
at the next examination as defined in the Indian Police Service (Appointment by
Competitive Examination) Regulations, 1955, and has been permitted to abstain
from probationary training in order to so appear. (f) `Period of probation' in relation to, a
probationer means the period of probation specified in Rule 3; (g) `Schedule' means a Schedule appended to
these rules; (h) `Service' means the Indian Police
Service; (i) State Government concerned in relation
to a probationer allotted to a joint cadre, means the Joint Cadre Authority. (j)?
* * * 3.
Period of probation.- (1) Every person recruited for the service
in accordance with the Indian Police Service (Appointment by Competitive
Examination) Regulations, 1955, shall be appointed to the service on probation
for a period of two years. (2) Every person recruited to the Service
in accordance with (I) The Indian Police Service (Appointment
by Promotion) Regulations, 1955, (ii) Regulation 3 of the Indian Police
Service (Special Recruitment) Regulations, 1957 shall be appointed to the
Service on probation for a period of one year: Provided that in the case of any person
recruited to the Service in accordance with the Indian Police Service
(Appointment by Promotion) Regulations, 1955, any period for which he has been
appointed to a cadre post may, having regard to his performance in such post,
be counted towards the period of probation; Provided further that the Central
Government may in exceptional circumstances of any case, after consulting the
Commission reduce the period of probation. (3) The Central Government may, if it so
thinks fit, in any case extend the period of probation for a period of one
year. (a) the total period upto which a person
recruited to the service referred to in sub-rule (1) may be kept on probation,
shall not ordinarily exceed three years; and (b) the total period upto which a person
recruited to the service referred to in sub-rule (2) may be kept on probation,
shall not ordinarily exceed two years. (3A) Notwithstanding anything contained in
sub-rule (3) if during the period of probation a probationer is placed under
suspension pending investigation, inquiry or trial relating to a criminal
charge against him or pending disciplinary proceedings which are contemplated
or started against him, the period of his probation may be extended for such
period as the Central Government may think fit in the circumstances of the case. (4) In this rule, `Cadre Post' has the same
meaning as in clause (b) of rule 2 of the Indian Police Service (Cadre) Rules,
1954. 3A. Confirmation.- Where a probationer has completed his
period of probation to the satisfaction of the Central Government, he shall,
subject to the other provisions of these rules, be confirmed in the Service at
the end of his period of probation. 4.
Execution of Agreement.? A probationer shall on appointment to the
Service execute an agreement in the form specified in the Schedule binding
himself and one surety, jointly and severally, in the event of his failing to
comply with any of the provisions of these rules to the satisfaction of the
Central Government to refund any moneys paid to him consequent on his
appointment as a probationer: Provided that the provision of this rule
shall not apply to probationers appointed to the Service in accordance with the
Indian Police Service (Appointment by Promotion) Regulations, 1955. 5.
Training.- (1) A probationer referred to in sub-rule
(1) of rule 3 shall on appointment to the Service attend the Lal Bahadur
Shastri National Academy of Administration and undergo such training therein
and for such period as the Central Government may direct. (2) On completion of the training at the Lal
Bahadur Shastri National Academy of Administration a probationer shall undergo
such further training at the Sardar Vallabhbhai Patel National Police Academy
and for such period as the Central Government may direct. (3) On completion of the Training at the
Sardar Vallabhbhai Patel National Police Academy, a probationer shall undergo
such further training in the State to which he is posted and for such period as
the Central Government may, in consultation with the State Government
concerned, direct. (4) A probationer referred to in sub-rule
(2) of rule 3, who has not attained the age of 52 years on appointment to the
service; and who has not already undergone the training prescribed under
sub-regulation (5) of regulation 7 of the Indian Police Service (Appointment by
promotion) Regulations, 1955, before such appointment; shall undergo such
training in the Sadar Vallabhbhai Patel National Police Academy, Hyderabad the
State Training institutions and other established training institutions in the
country for such period as the Central Government may consider necessary. 6.
Attendance at Lectures etc.- (1) A probationer referred to in sub-rule
(1) of rule 3 shall attend such lectures and undergo such tests and exercises
as may be prescribed from time to time. (2)????? (a)
The Director, Lal Bahadur Shastri National Academy of Administration,
Mussoorie, the Director, Sardar Vallabhbhai Patel National Police Academy,
Hyderabad, Director General, National Academy of Direct Taxes, Nagpur and
Principal, Railway Staff College, Vadodra shall award to each probationer such
marks out of a maximum of 50 marks as they may deem fit on the results of the
examination held at the end of the Foundational Course in their respective
institutions. (b) At the end of the period of training at
Sardar Vallabhabhai Patel National Police Academy, Hyderabad, the Director of
that Academy shall assess the record in the Academy and in the State, of each
probationer and award him marks out of a maximum of 400 marks in accordance
with such instructions as may be issued by the Central Government in this
behalf. (3) At the end of the period of training in
the State, the State Government concerned shall assess the record of the
probationer during the period of training undergone in the State and forward it
to the Central Government. Every probationer shall during the course
of training appear at a final examination to be conducted by the Director,
Sardar Vallabhbhai Patel National Police Academy in accordance with such
regulations as the Central Government may in consultation with State Government
and the Commission from time to time, make. 8.
Failure to appear at the Final Examination in certain circumstances.- ?Where a probationer is prevented, either
through sickness or other cause over which he has no control from appearing at
the final examination, the Central Government may allow him to appear at a
special examination which the Director may hold for the purpose, normally
within a period of three months from the last date of the final examination in
which the probationer did not appear. 9.
Failure to pass the final examination.- Where a probationer fails to obtain the
minimum number of marks prescribed for any subject, group of subject or part of
the final examination under the regulations framed in Rule 7, the Central
Government may permit him to sit for re-examination in the subject or subjects
in which he failed. Provided that the marks awarded to a
probationer in such re-examination shall not be taken into account in
determining the seniority. Provided further that the rule shall also
apply to a probationer who was permitted to take a special examination in the
circumstances mentioned in Rule 8. 10.
Seniority of Probationer.- (1) The Central Government shall prepare a
list of all probationers who have been assigned the same year of allotment as
provided for in rule 3 of the Indian Police Service (Regulation of Seniority)
Rules, 1988. Such list shall be arranged in the order of merit which shall be
determined in accordance with the aggregate marks obtained by each
probationer:- (a) at the competitive examination; (b) in respect of his record in the Lal
Bahadur Shastri National Academy of Administration and in the Sardar
Vallabhbhai Patel National Police Academy; and (c) at the final examination; Provided that in determination such order
of merit no account shall be taken of marks awarded to a probationer in any
subject in which he has failure to satisfy?
Director, Sardar Vallabhbhai Patel National Police Academy: Provided further that if two or more
probationers have secured equal number of marks in the aggregate, their order
of merit shall be the order of their dates of birth. (2) The seniority inter se of the
probationers, who are assigned the same year of allotment, shall be determined
in accordance with the list prepared under sub-rule (1). (3) The provisions of Sub-rule (1) and (2)
shall not apply to probationers appointed to the Service in accordance wit Rule
7-A of the Indian Police Service (Recruitment) Rules, 1954. 11
Discipline and conduct.- (1) While at the Academy a probationer
shall be under the disciplinary control of the Director, Lal Bahadur Shastri
National Academy of Administration, or of the Director, Sardar Vallabhbhai
Patel National Police Academy, as the case may be and shall obey any such
general and special orders as may be given by him from time to time. (2) The All India Service (Conduct) Rules,
1968 and the All India Services (Discipline and Appeal) Rules, 1969 shall, so
far as may be, apply to a probationer. (3) A probationer shall be liable to be
removed or dismissed from Service, if he fails to obey any order which he may
receive from the Central Government or from any other competent authority, or
if in the opinion of the Central Government he has wilfully neglected his probationary
studies or duties or is guilty of conduct unbecoming of a member of the
Service; Provided that before any action is taken
against a probationer under this sub-rule, the procedure prescribed in rule 8
of the All India Service (Discipline and Appeal) Rules, 1969, shall be
followed. Provided further that before any final
orders are passed against a probationer under this sub-rule, the Commission
shall be consulted. A probationer shall be liable to be
discharged from service, or as the case may be, reverted to the permanent post
on which he holds a lien or would hold a lien had it not been suspended under
the rules applicable to him prior to his appointment to the Service, if: - (a) he fails to pass the re-examination
under rule 9, or (b) if the Central 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) in the opinion of the Central Government he has wilfully neglected
his probationary studies or duties; or (d) he is found lacking in qualities of
mind and character needed for the Service; or (e) he fails to comply with any of the
provisions of these rules. Provided that except in a case falling
under caluse (a) above, the Central Government shall hold a summary enquiry
before passing an order under these rules." 13. Salary during the period of probation. (1) A person recruited to the Service.- (I) In accordance with the Indian Police
Service (Appointment by Competitive Examination) Regulations, 1955, referred to
in sub-rule (1) of rule 3, shall receive salary in the lowest stage of the
junior time scale applicable to the Service during the first year and at the
second stage of that scale during the remaining period of probation; and (ii) in accordance with the Indian Police
Service (Emergency Commissioned and Short Service Commissioned Officers)
(Appointment by Competitive Examination) Regulations, 1966, referred to in
sub-rule (1) of sub-rule 3 shall receive salary in the stage, fixed for him, of
the junior time-scale during the first year and at the next higher stage of
that scale during the remaining period of probation: Provided that, if the pay of the permanent
post, on which a person referred to in Clause (i), holds a lien or would hold a
lien had it not been suspended under the rules applicable to him prior to his
appointment to the Service is at any time, more than the minimum of the junior
time-scale, he shall draw the pay of the permanent post. (2) A person referred to in clause (i) of
sub-rule (2) of rule 3 shall receive salary in the stage fixed for him of the
junior or senior scale as the case may be and also draw increments which may be
due to him. (3) A person referred to in clause (i)
sub-rule (2) of rule 3 shall receive salary in stage fixed for him in the
senior scale in accordance with Rule 4 of the Indian Police Service (Pay)
Rules, 1954 and also draw increments which may be due to him: Provided that a State Government shall
sanction the grant of advance increments in the junior time-scale of the
Service in accordance with the provisions of Rule 7 of the Indian Police
Service (Pay) Rules, 1954, to a person referred to in sub-rule (1) of rule 3,
if after joining duty in a State on completion of training at the Training
College, and during the probationary period, he qualifies at such departmental
examination with such standard of proficiency as may from time to time be specified
by the State Government. 14.
Travelling allowance- (1) A probationer shall be entitled:- (a) for the journey from the Lal Bahadur
Shastri National Academy of Administration to the Sardar Vallabhbhai Patel
National Police Academy, to a traveling allowance as may be admissible to a
member of the Service on tour. (b) for the journey from the Sardar
Vallabhbhai Patel National Police Academy to the state, to traveling allowance
as may be admissible to a member of the Service on tour, plus a lump sum of Rs.
100 and also to joining time as on transfer. (2) A probationer shall not be entitled to
any daily allowance during his halt at the Lal Bahadur Shastri National Academy
of Administration or the Sardar Vallabhbhai Patel, National Police Academy or
at various places to which he may be posted in the course of his practical
training in the State. (3) A probationer shall be entitled to
travelling allowance for the journeys which he may undertake: - (a) (a) While undergoing training at the Lal
Bahadur Shastri National Academy of Administration (b) (b) While undergoing training in the State, on the
same scale as may be admissible to a member of the Service on tour under the
All India Services (Travelling Allowance) Rules, 1954. 15.
Inherent Powers.- Nothing in these rules shall be construed
as limiting the power of the Central Government, for good and sufficient
reasons, to dismiss or remove a probationer from the Service at any time. 16.
Interpretation.- ?If
any question arises as to the interpretation of these rules, the Central
Government shall decide the same. 17.
Repeal and Saving.- All rules corresponding to these rules 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 made or taken
under the corresponding provisions of these rules: Provided further that nothing in these
rules shall apply to the probationers appointed before the commencement of
these rules and they shall continue to be governed by the orders and
instructions relating to probationers in force immediately before the
commencement of these rules. To The President of India Whereas I
....................................... a probationer in the Indian Police
Service (hereinafter referred to as "the probationer") being entitled
Subject to compliance with the Indian Police Service (Probation) Rules, 1954 to
receive from the President (hereinafter referred to as the Central Government)
or from the Government of the State to which I may be posted pay and allowance
during the period in which I am under training. Now we, the probationer,
and................................. (hereinafter referred to as "the
surety") jointly and severally, do hereby in pursuance of the said rules,
promise and agree in the event of the failure of the probationer to complete
probation to the satisfaction of the Central Government to refund to the
Central Government on demand any moneys paid to him, including the pay and
travelling expenses to join appointment. The surety hereby agrees that his liability
hereunder shall not be affected by the Central Government extending the period
of probation or giving the probationer an extension of time for payment of or
compounding the amount payable hereunder. Stamp duty payable on this bond shall be
borne and paid by the Government. date this day of 19 Signature of Probationer Signed by the probationer in the presence of: Name of witness Address............................................................................. Occupation........................................................................ Signature of the Surety....................................................... Signed by the surety in the presence
of.................................................................. Name of
witness................................................................. Address.............................................................................. Occupation...................................................... Whose signature is appended to the above
agreement as surety, do hereby declare that I am: (a) in the permanent service of the
Government of or (b) Ordinarily resident in India and that I
possess means which will enable me to repay to the Central Government the sums
of money referred to, in the event of my being called upon to do so in
accordance with the terms of the agreement. Signature of the surety Signed by the surety in the presence of Name of witness Address Occupation