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UTTAR PRADESH POLICE CONSTABLE AND HEAD CONSTABLE SERVICE (FIRST AMENDMENT) RULES, 2009

UTTAR PRADESH POLICE CONSTABLE AND HEAD CONSTABLE SERVICE (FIRST AMENDMENT) RULES, 2009

UTTAR PRADESH POLICE CONSTABLE AND HEAD CONSTABLE SERVICE (FIRST AMENDMENT) RULES, 2009

PREAMBLE

In exercise of the powers under clause (c), sub-section (2) of Section 46 read with sub-section (3) of the said Section 2 of the Police Act, 1861 (Act No. 5 of 1861) and all other powers enabling him in this behalf, the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Civil Police Constable and Head Constable Service Rules, 2008 (2009-LLT-V-54[18]).

Rule - 1. Short title and commencement.

(1)     These rules may be called the Uttar Pradesh Police Constable and Head Constable Service (First Amendment) Rules, 2009.

 

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

Rule - 2. General amendment.

In the Uttar Pradesh Civil Police Constable and Head Constable Service Rules, 2008 hereinafter referred to as the said rules for the words "Civil Police" wherever occurring including heading and marginal heading, the word "police" shall be substituted.

Rule - 3. Amendment of Rule 3.

In the said rules for Rule 3(b) the following rule shall be substituted, namely:

"3 (b) 'appointing authority' means the Superintendent of Police for constables and Head Constable in the service.".

Rule - 4. Amendment of Rule 5.

In the said rules for Rule 5, the following rule shall be substituted, namely:

"5.   Recruitment to the various categories of posts in the service shall be made from the following sources:

(1)     Constable. Hundred per cent of posts of constable are filled up by direct recruitment.

The recruitment of dependents of those employees who died during their service shall also be made in accordance with the Uttar Pradesh Recruitment of Dependents of Government Servants Dying in Harness Rules, 1974.

(2)     Head Constable. The recruitment of the 50 per cent of vacancies of Head Constable shall be made by promotion through a departmental examination held amongst the eligible constables and the recruitment of 50 per cent of the vacancies shall be made by promotion on the basis of seniority subject to rejection of unfit.".

Rule - 5. Amendment of Rule 6.

In the said rules for Rule 6 the following rule shall be substituted, namely:

"6.   Reservation for the candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories shall be in accordance with the provisions of the Act and the Uttar Pradesh Public Services (Reservation for Physically Handicapped, Dependents of Freedom Fighters and Ex-Servicemen) Act, 1993 as amended from time to time and the orders of the Government in force at the time of the recruitment. The reservation of the National/State level sportsmen shall be in accordance with the Government Orders in force at the time of recruitment:

Provided that the Physically Handicapped will not be eligible for Police Services.".

Rule - 6. Amendment of Rule 9.

In the said rules for Rule 9 the following rule shall be substituted, namely:

"9.    A candidate who has.

(i)       served in the territorial Army for a minimum period of two years, or

 

(ii)      obtained a 'B' certificate of National Cadet Corps, or

 

(iii)     obtained a certificate in computer application from an institute recognized by the Central or the State Government,

shall, other things being equal, be given preference in the matter of direct recruitment.".

Rule - 7. Amendment of Rule 14.

In the said rules for Rule 14 the following rule shall be substituted, narnely:

"14.  The appointing authority shall determine and intimate to the Head of Department the number of vacancies to be filled during the course of the year of recruitment as also the number of vacancies reserved for candidates belonging to the Scheduled Castes, Scheduled Tribes and other categories under Rule 6. The Head of the Department shall intimate the number of the vacancies to the Board. The vacancies for direct recruitment shall be notified by the Board in the following manner:

(i)       by issuing advertisement in daily newspaper having wide circulation;

 

(ii)      by pasting the notice on the notice board of the office or by advertising through Radio/Television and other Employment newspaper;

 

(iii)     by notifying vacancies to the Employment Exchange; and

 

(iv)    by another means of mass communication.".

Rule - 8. Amendment of Rule 15.

In the said rules in the Rule 15 for clauses (a) and (b) the following clauses shall be substituted, namely:

(a)      Application.—

 

(i)       A candidate shall fill the application form for one district only. Regarding allocation of Examination Centre, the candidate may give more than one option. However, Board may allocate centre other than those indicated by the candidate;

 

(ii)      A separate booklet shall be attached with the application form containing the information regarding educational qualification, age, and minimum qualifying standard for each category of Physical Standard Test, Physical Efficiency Test, Medical fitness, and minimum qualifying marks for written examination subject wise, copy of O.M.R. sheet for practice and other important guidelines;

 

(iii)     the application form shall be on the O.M.R. sheet;

 

(iv)    the space for candidates both left and right thumb impression shall be provided in the application form;

 

(v)      two attested photograph of the candidate be pasted at proper places, one photo on the application form and the other on the admission card;

 

(vi)    application form can be purchased on payment of the prescribed fee from the notified Banks/Post Offices;

 

(vii)   every application Form must be accompanied with the attested copies of the certificate of age, 10th, 12th and Graduation/Post Graduation, Sports Certificate,

National Cadet Corps Certificate, Home Guard Certificate, Caste and Dependent of Freedom Fighters Certificate, as the case may be.

Duly filled up application forms should be submitted in the same Post Office/Bank from where it is so purchased.

(b)      Call Letter. The Board will ensure that all the certificates, submitted by the candidate will be examined before the issuance of the call letter. If a certificate is shown to be submitted in the application form but not found attached with it, the application form of the candidate may be cancelled. After getting the application form scanned through computer, computerised call letter will be issued to eligible candidates through the same post office from where application form has been purchased.

The Board may also use any other appropriate means of sending call letters after a thorough consideration. Code/Name postal address/place of the examination centre along with the date and time of the Physical Standard Test, Physical Efficiency Test and Medical Examination will be clearly mentioned in the call letter. Documents which the candidates are required to bring for the examination, will be clearly indicated in the call letters. Call letters should reach at least a week before the beginning of the examination. In case call letter is not received until a week before the date of beginning of the examination, candidates may contact helpline, serial code of the application form will have to be given in this regard. Duplicate call letters will be issued by the Board.".

Rule - 9. Amendment of Rule 17.

In the said rules, for Rule 17 the following rule shall be substituted, namely:

"17.  The appointment to the post of Head Constable is made by promotion from amongst the eligible Constables in the following manner:

(a)      50 per cent of the vacancies meant for promotion shall be filled by the Departmental Examination. Only those constables who have minimum three years service excluding probation period and have not completed the age of 40 years are entitled to appear in the said Departmental Examination.

 

(b)      50 per cent of the vacancies meant for promotion shall be filled by a selection on the basis of seniority subject to rejection of unfit, along with Physical Efficiency Test which is of a qualifying nature.

The detailed procedure for promotion to the post of Head Constables through Departmental Examination is given in Appendix-5, and through a selection on the basis of seniority subject to rejection of unfit is given in Appendix-6.".

Rule - 10. Amendment of Rule 20.

In the said rules for Rule 20 the following rule shall be substituted, namely:

"20.  (1) A person on substantive appointment to a post in the service shall be placed on probation for a period of two years.

(2) The appointing authority may, for reasons to be recorded, extend the period of probation in individual cases specifying the date up to which extension is granted:

Provided that, save in exceptional circumstances, the period of probation shall not be extended beyond one year and in no circumstances, beyond two years.

(3) If it appears to the appointing authority at any time during or at the end of the period or extended period of probation that a probationer has not made sufficient improvement during the extended period of probation to the satisfaction of the appointing authority he may be reverted to his substantive post, if any, and if he does not hold a lien on any post, his services may be dispensed with.

(4) A probationer who is reverted or whose services are dispensed with under sub-rule (3) shall not be entitled to any compensation.

(5) The appointing authority may allow continuous service, rendered in an officiating or temporary capacity in a post included in the cadre or any other equivalent or higher post to be taken into account for the purpose of computing the period of probation.".

Rule - 11. Amendment of Rule 24.

In the said rules for Rule 24 the following rule shall be substituted, namely:

"24.  Notwithstanding any provision in the Fundamental Rules to the contrary, a person on probation, if he is not already in permanent Government service shall be allowed his first increment in the time scale when he has completed one year of satisfactory service, has passed departmental examination and undergoing training where prescribed and second increment after two years service when he has completed the probationary period and is also confirmed :

Provided that if the period of probation is extended on account of failure to have a satisfactory probation period, such extension shall not count for increment unless the appointing authority directs otherwise.

(2)   The pay during probation of a person who was already holding a post under the Government shall be regulated by the relevant fundamental rules:

Provided that if period of probation is extended on account of failure to have a satisfactory probation period, such extension shall not count for increment unless the appointing authority directs otherwise.

(3)   The pay during probation of a person already in permanent Government service shall be regulated by the relevant rules, applicable generally to Government Servants serving in connection with the affair of the State.".

Rule - 12. Amendment of Appendix 1.

In the said rules for Appendix 1 the following appendix shall be substituted, namely:

"APPENDIX 1

The Physical Standard Test is conducted by a three member team comprising following members

1.        Sub Divisional Magistrate/Deputy Collector;

 

2.        Doctor/Sports Officer/National Cadet Corps Officer;

 

3.        Deputy Superintendent of Police.

The minimum physical standard for male and female candidates are as follows:

1.        The minimum physical standard for male candidates Height

(1)     For General/Other Backward Classes and Scheduled Caste candidates are 168 centimeter.

 

(2)     For tribal candidates the minimum height is 160 centimeter.

Chest Expansion

General/Other Backward Classes/Scheduled Castes/Scheduled Tribes on expansion-84 centimeter 82 centimeter.

Note. A minimum of 5 centimeter expansion is essential

2.        The minimum physical standard for female candidates Height

(1)     The minimum height for General/Other Backward Classes and Scheduled Castes women candidates is 152 centimeter.

 

(2)     The minimum height for Scheduled Tribes women is 147 centimeter.

Weight 45 to 58 kilogram.

3.        The minimum physical standards for qualification for each test to be displayed very prominently on board in the Stadium/Police Line wherever the test is conducted before conducting the examination.

 

4.        The Physical Standard Tests should be conducted in the entire State in Police Line/Stadium. The number of candidates should not be more than 200 in a day. This examination should commence on the same day but the number of teams constituted may increase or decrease depending on the number of candidates appearing in the District.

 

 

5.        The members of the Team found to give wrong report wilfully are liable for criminal proceedings.

 

6.        The result of this qualifying test shall be announced on mike mentioning measurements of each candidate, testwise, immediately after the test is over, and also displayed on the notice board and if possible uploaded on the Board's website daily.

 

 

7.        Only standardized equipments having Indian Standard Institute certification to be used for Physical Standard Test Examination.".

Rule - 13. Amendment of Appendix 5.

In the said rules for Appendix 5 the following appendix shall be substituted, namely:

"APPENDIX 5

AThe Subjects/Marks will be determined in the following manner

Sl.

No.

Subject

Marks

1.

Intelligence Quotient/reasoning/mental aptitude test (Question paper will be of objective type)

50 Marks

2.

Basic Law, Constitution and Police Procedures including Indian Penal Code, Criminal Procedure Code, Evidence Act, Police Manual etc. (Question paper will be of objective type)

50 marks

3.

Essay (related to police subjects such as sample First Information Report-15 marks, Case Study-20 marks, Investigation-15 marks)

50 marks (qualifying)

4.

Service Records

50 marks out of which a maximum of 30 marks for Annual Entries, 15 marks for training and 5 marks for Reward/Special Entry. The marks for training is divided in the manner that for each substantive training 5 marks subject to a maximum of 10 marks and 1 mark for each nonsubstantive training subject to a maximum of 5 marks.

The Training Directorate of the Police Organisation is authorised to notify any training programme as substantive training and nonsubstantive training subject to the condition that no training of less than one month training is notified as substantive training.

Further for every major punishment 3 marks, for every minor punishment 2 marks and for every adverse entry/and/or petty punishment, 1 mark shall be deducted from the above marks. Service records must also be analysed to see whether any punishment was awarded to the candidate, which makes his promotion improper.

BE valuation of answer books and Physical Efficiency Test

5.     Evaluation of Answer Books.The evaluation of answer books-objective type papers to be evaluated by the outsourced agency and essays by the teachers/lecturers/professors authorized by the Board.

6.     Physical Efficiency Test.The male candidates are required to complete a 10 kilometer run in 75 minutes and the female candidates are required to complete the 5 kilometers run in 45 minutes. This run is qualifying only.

7.     The Board shall having regard to the provisions of the reservation referred to in Rule 6, prepare a final select list of candidates in order of merit as disclosed by the aggregate of marks obtained by them as prescribed in Sl. No. 1, 2 and 4 of this appendix. If two or more candidates obtaining equal marks the candidate obtaining higher marks as aggregate of Sl. Nos. 1 and 2 shall be placed higher in the list. The Board shall forward this list to the Head of Department.".