GOVERNMENT OF UTTAR PRADESH

No 0-337/II-444-40 

APPOINTMENT DEPARTMENT

Miscellaneous

4th May, 1942

 

In Pursuance of the provision of clause (b) of sub-section (1) and clause (b) of sub-Section (2) of section 241,and clause (b) of section 279 of the Government of India Act, 1935 the governor of Uttar Pradesh makes the following rules regulating recruitment to posts in, and the condition of service, of persons appointed to, the Uttar Pradesh Police Service, namely:

 

The Uttar Pradesh Police Service Rules, 1942

PART-I  General

1. Short title and commencement- These rules shall be called "the Uttar Pradesh Police Service Rules, 1942" .They shall take effect from the date of this notification and supersede all existing rules and orders on the subject.

2. Status of the Service- the Uttar Pradesh Police Service is a state service comprising Group 'A' & 'B' Post.

3. Definition- In these rules, unless there is anything repugnant in the subject or context-

(a) "Act" means the government of India Act, 1935;

(b) "Appointing Authority" means the Governor

(c) "Citizen of India." means a person who is or is deemed to be a citizen of India under part II of the Constitutions of India.

(d)  "Constitution" means the constitution of India ;

(e) "Commission" means the  Uttar Pradesh Police Publice Service Commission;   

(f) "Director General of Police" means the Director General of             Police -cum -Inspector General of Police , Uttar Pradesh ;

(g) "Direct recruitment" means recruitment in the manner prescribed by rule  5 (i) of these rules.

(h) "Government" means the Government of Uttar Pradesh.

(i) "Governor" means the Governor of Uttar Pradesh.

(j) "Head of Department" means Director General of Police Uttar Pradesh

(k) "Member of the service" means a person                            substantively appointed  under  these rules or the rule or Orders in force prior to the Commencement of these rules, to a post in the cadre of the service:

(i)  "Service" means the Uttar Pradesh Police Service.

(m) "Substantive appointment" means an appointment not being an ad-hoc appointment, on a post in the cadre of service, made after selection in accordance with the rules, and if there are no rules in accordance with the procedure prescribe for the time being by executive inspection, issued by the Government.

(n)  "Year of recruitment " means a period of twelve months commencing from the first day of July of a calendar year:

 

PART II CADRE

 

4.Strength of the Service- (1) the strength of the service shall be such as may be determined by the Governor from time to time.

(2) The permanent strength of the service shall, until orders varying the same have been passed under sub rule (1),be as given in Appendix-A:

          Provided that the Governor may-

(a) leave unfilled or hold in abeyance any vacant post without thereby entitling any person to compensation, or

(b) by notification create such additional permanent or temporary post, from time to time, as may be found necessary.

(3).Whenever the number of Assistant Superintendents of Police holding junior charge in the Districts falls below 18, the cadre of service may be raised temporarily by a number equal to the deficiency in the number of  Assistant Superintendent for the period during which the deficiency lasts.

 

PART III RECURITMENT

5.Source of Recruitment- Recruitment to the service in the ordinary grade shall be made -

(i) on the result of the competitive examination conducted by the commission; and

(ii) by promotion of permanent Inspector of Police:

Provided that the Governor may also in the interest of the Police Service sanctioned the appointment in temporary or Officiating vacancies, of Sub Inspector of police, who have been approved for substantive appointment as Inspector of Police and have Officiated as Inspectors for not less than two years.

 

GOVERNMENT OF UTTAR PRADESH

HOME(POLICE SERVICES)SECTION- 1

NOTIFICATION

Miscellaneous

No. 1004/1004/VI-Ps-1-99-649(6)/98

dated, Lucknow, Sep.,1999

In exercise of the powers conferred by thepropiso  to article 309 of the constitution, the Governor is pleased to make the following rules with a view to amending the Uttar Pradesh Police service rules, 1942.

THE UTTAR PRADESH POLICE SERVICE( ELEVENTH AMENDMENT) RULES-1999.

Short title and amendment        1. (1) these rules may be called                                                                the Uttar pradesh police                                                         service Eleventh amendment                                                          Rules 1999.

                                               (2) They shall come into                                                      force  at once.

           Substitution of rule 5                  2. In the Uttar Pradesh Police                                                                       service Rules, 1942 for exiting                                                                     rule 5 not out in column 1                                                                     below, the rule as set out in                                                                            column II be substituted,                                                                            namely.

                   COLUMN 1                                                           COLUMN II

                  Existing Rule                                              Rule as here by substituted

Source of       5. Recruitment                                  Source of      5. Recruitment

Recruitment      to the service in                              Recruitment      to the service in

                          the ordinary grade                                                     the ordinary grade

                          shall be made .                                                           shall be made. 

(i) On the result of a competitive                               (i) On the result of a competitive

examination conduct by the                                              examination conduct by the

commission, and                                                                     commission.

(ii) promotion of permanent

Inspectors of Police.

Provided that the Governor may                   NOTE- Combined Competative

 also in the interest of public                         Examination is held by the          

service, sanction The appointment               Commission for recruitment

 in temporary as officiating                           Civil service( Executive Branch,

 vacancies of Sub Inspectors                         Uttar Pradesh Finance and .

Approved for substantive                               Account Service,etc.

appointment as Inspectors of Police

 and have officiated as Inspectors

 for not less than two years.

 

 NOTE- Combined Competative                  (i) by promotion of permanent

 Examination is held by the                            Inspector of Police:

Commission for recruitment                           Provided that the governor may

Civil service( Executive Branch,                    also in the interest of Public

Uttar Pradesh Finance and                              service sanction the

Account Service, etc.                                      appointment in the temporary

                                                                         or officiating vacancies, of

                                                                         Police who have been                                                                                                    approved for substantive                                                                          appointment as Inspector of                                                                          Police and have officiated as                                                                          Inspectors of Police for not less                                                                          than two years:

                                                                         Provided further

                                                                         That two percent of the                                                                           vacancies for a year of                                                                           recruitment may be filled by

                                                                          out of turn promotion through                                                                           the Commission on the                                                                           specific recommendation of                                                                            the Government from amongst                                                                           such Police Inspectors /                                                                           Company commanders of the                                                                           Uttar Pradesh Police force                                                                           who courage and Gallantry in                                                                      the encounter or arrest of                                                                      notorious terrorist or who take                                                                     great risk of life in the discharge                                                                     of their duties. If such person are                                                                     not available for out of turn                                                                     promotion under this proviso. the                                                                     remaining vacancies shall be filled                                                                     in accordance with the general                                                                     Procedure prescribed in  this Rule.                                                                     The out of turn promotion quota                                                                     shall remain included in the                                                                     overall strength of the cadre for                                                                      the purpose of computing                                                                      reservation under rule-6

                                                                                

                                                                                  By order

                                                                           sd.-V K MITTAL,

                                                                          Principal secretary.    

 

         Note:- A combined competitive examination is held by the commission for the recruitment to the U.P. Civil service

          ( executive Branch),U.P. Police Service, U.P. Finance and Account Service, etc.

6. Reservation for Scheduled Castes- Reservation for Schedule castes in direct Recruitment shall be made in accordance with the orders of Government in force at the time of recruitment.

Note- the existing orders at the time of the U.P. Police Service (Amendment) Rule, 1970 coming into force are set out in Appendix G.

7. Number of appointments to be made- the Government shall decide the number of recruits to be taken from each of the two source specified in rule 5, having regard to the relative number of promoted and directly recruited officers in the cadre in the service;

                   Provided that not less than half the number of candidates to be recruited each year shall be recruited by promotion, if suitable officers are available.

8.  Nationality-  A candidate for recruitment to  the  service must be - 

(a)  a citizen of India , or

(b)  a subject of  Sikkim, or

(c)  a Tibetan refugee who come over to India before January 1,    1962 with the intention of permanently setting in India, or

(d)  a person of India origin who has migrated from Pakistan, Burma, Cylon, and East African countries of Kenya, Uganda and the United Republic to Tanzania (formerly Tanganayika and  Zauzibar with the intention of permanently settling in India:

          Provided that a candidate belonging to category (c) or (d) above shall be a person in whose favour, a certificate of eligibility has been issued by the State Government;

          Provided further that a candidate belonging to category (c) will also be required to obtain a certificate of eligibility granted by the Deputy Inspector General  Police, Intelligence Branch, Uttar Pradesh;

Provided also that if a candidate belong to a category (d)  above no certificate to eligibility will be issued for a period of more than one year, and such a candidate may be retained in service after a period of one year only if he has acquired Indian citizenship.

Note:- A candidate in whose case a certificate of eligibility is necessary but the same has neither been issued nor refused may be admitted to an examination or interview conducted by the commission and he may also be provisionally appointed subject to the necessary certificate being obtained by him or issued in his flavor.]

9.Ineligibility of females- Females are not eligible for appointment to the service.(This paragraph has been deleted vide Govt.NoNo.5211/VI-pu-s-1-90-649(5)/84dated 5.1.1991)

 

10.Age-A candidate for direct recruitment must have attained the age of 21 years must not have attained the age of 27 years of the first day of January next following the date of commencement of examination by the commission for direct recruitment to the service.

          Provided that the upper age limit shall be grater by 5 years in case of candidates belonging to the scheduled castes.

          Provided that if a candidate would have been entitled in respect of his age to appear at the examination in any year in which no such examination was held, he shall be deemed to be entitled in respect of his age to appear at the next following examination.

11. Academic qualification -- A candidate for direct recruitment must hold a degree of a University establishment by law in the Uttar Pradesh  or any other University recognized   for this purpose by the Governor.

          NOTE- The B.A. and B.Sc. degrees of Universities in British India out side Uttar Pradesh, establishment by law, have been recognized   for the purpose of direct recruitment to the service.

12. Character -- The character of a candidates for recruitment to the service must be such be may render him, in the opinion of the Governor suitable in all respect for employment.

          NOTE- Person dismissed by the Union Government or state Government  will be deemed to be ineligible for appointment.

          12. A martial status-- A man who has more than one wife living shall not be eligible for appointment  to the service.

          Provided that the Governor may, if satisfied that there are special grounds  for doing so, exempt any person from the operation of this rule.

 

PART V

Procedure for direct recruitment.

 

13. Application for permission to attend the examination-

 

          Application for permission to sit at the competitive examination will be invited by the commission and shall be made in the prescribed form, which may be obtained from the secretary to the commission.

14. Admission to the examination--

(1) No candidate shall be admitted to the examination unless he hold a certificate of admission granted by the commission.

(2) Viva voce--(a) After the marks obtained by the candidates in the written examination have been received, a consolidated in the written examination have been received, a consolidated of candidates shall be prepared in order of merit and laid before the commission. The list shall show neither the roll number nor the names of candidates, but shell only give the serial numbers in order of merit and total marks obtained by each and in the case of candidates, if any, belonging to the scheduled castes, also an indication of that fact. The commission shall call for interview as many candidates as have shown their suitability for appointment in the written examination and shall award marks up to a  maximum of 200. The marks so awarded shall be added to the marks obtained in the written examination.

          (b)   At the time of interview the Commission shall be assisted by an officer of the Police Department to be nominated by the governor.

15. Fees- candidates for direct recruitment shall pay to the Commission and to the President of the Medical Board such fees as may from time to time be specified by the governor. No claim for refund of these fees shall be entertained. candidates to be recruited by promotion shall not be required to pay any fee.

Note- the scale of fee at present prescribed is given in Appendix-B.

16. Syllabus- the syllabus and the rules relating to the competitive examination shall be prescribed from time to time by the commission with the approved of the governor.

NOTE- The subject and the syllabus at present in force will be found in Appendix-c.

 

 

PART-VI

PRICEDURE FOR RECRUITMRNT BY PROMOTION

17. Recruitment by Promotion-

(1) For the purposes pf recruitment under Rule 5(ii) a selection based on the criterion of merit shall be made in the manner hereinafter provided from among permanent Inspectors of Police.

(2) The Chief Secretary to Government shall draw up a list containing names of candidates in order of MERIT, whom he considers most suitable from among those who are eligible for promotion. The number in this list shall be double the number of vacancies which are intended to be filled substantively, during the course of the year.

(3) The Chief Secretary shall also draw up a supplementary list containing names of candidates,  in order of merit, whom he considers suitable for officiating for temporary vacancies occurring during the course of the year. The number in this list shall be, so for as possible, equal to the number of temporary or officiating vacancies expected to occur during the course of the year.

(4) the two lists, together with a gradation list, indicating therein the reasons for passing over the seniors, if any, and the character rolls of all eligible candidates, shall be sent by government to the Commission. The Commission will examine the rolls and add any new names to either of the lists and return both the lists as finalized together with other papers to Government.

          (5) The chief secretary shall in consultation with the commission, decide whether an interview of all or any of the candidates is necessary and, if so, fix a date and call them for interview. These candidates will be interviewed by the selection committee, consisting of the following:-

                                      (i) a representative of the commission, who                                                       will preside over the committee.

                                    (ii) The chief Secretary or the secretary to                                      GOVT. Home Department.

                                    (iii) The Inspector General.

 where the chief secretary  in constitution with the commission, comes to the conclusion that an interview of all or some of the candidates is not necessary, the committee shall consider their cases on the basis of their  character roll, and personal files.

 

(6)    The lists of names of candidates selected by the committee for appointment against permanent and temporary or officiating vacancies respectively will be considered by the commission who will thereafter send the lists as finally approved by them to Government.

 

(7)  The names of the candidates selected in the first list, upto the number of permanent vacancies intended to be filled substantively during the course of the year, shall be drawn up and 

re-arranged in order of seniority and they will be appointed against substantive vacancies in the cadre of the service in the same order.

 

(8) The remaining name of the first list will be transferred to the top of the second list which will then from  the select list. /the candidates will be appointed against the officiating the temporary vacancies in the order in which their names stand in this list, as and when vacancies occur during the course of the year. This select list will hold good only for one year or until such time as a review is made at the following selection.

 

(9) In case permanent vacancies do not occur for two consecutive year and it becomes necessary to make a selection for officiating and temporary vacancies, only, the selection committee will  meet to examine the case of all eligible candidates including those who were superseded at the last selection. The procedure prescribed above shall so for as applicable be followed.

 

PART-VII

APPOINTMENT, PROBATION AND CONFIRMATION

 

18. (1) Waiting list of candidates - The commission shall prepare a list of candidates for direct recruitment in order of their proficiency as disclosed by the aggregate  marks finally awarded to each candidate. If two or more candidates obtain marks in the aggregate the commission shall place them in order of merit on the basis of their general suitability for the services as determined by the result of the viva voce test. Subject to the provision of rules 6 and 19, the governor shall select the candidates who stand highest in order of merit provided that he is satisfied that they are duly qualified and suitable in all respects.

 

(2) The list of candidates considered suitable for promotion under rule 17 (7) shall be arranged in order of seniority as Inspector of Police.

 

19. Physical Fitness-- No person shall be appointed as a number of service unless he be in good mental and boldly health and free from any physical defect likely to interfere with the efficient performance of his duties as a member of the service. Before a candidate is finally approved for appointment by direct recruitment he shall be required to pass an examination by a Medical Board which shall be conducted after he has passed the competitive examination. Regulation for medical examination are given in Appendix-5

 

20 Appointment- (i) the Governor shall make appointment to the service on the occurrence of substantive vacancies by taking candidates alternately, so for this may be possible, from the two lists prepared under rule-18. Candidates shall be taken in the order in which they stand in the list and the first candidate taken shall be from the list of Inspector of police. A directly recruited candidate may lose his seniority if he is not available to join the service when a vacancy is offered to him.

(ii) The governor may make appointment in temporary of officiating vacancy by taking candidates in the order of merit from the select list prepared under rule 17(8). In case candidates are not available on that list, the governor may take appointment in such vacancies from among Inspector of police who are eligible for promotion to the service.

(iii) All appointment made under this rule shall be notified in the official Gazette.

21 Seniority- Seniority in the service shall be determined according to the date of the order of appointment in a substantive capacity and in two or more candidates are appointed on the same date,  their seniority inter se shall be determined according to the order in which their names appear in the order of appointment-

                   Provided that-

          (1)  The inter se seniority of direct recruits selection in one batch shall be determined according to their merit at the selection but a candidate may lose his seniority if he fails to join without sufficient reasons when appointment is offered to his and the decision of the Governor as to the sufficiency of reason shall be final.

          (2)    the inter se seniority of the promotion, selected at one selection, relating to one particular year of recruitment shall be determined according to their seniority in the post from which they are promoted.

          (3) If a candidate is due for promotion but is passed over merely on account of his suspension or pendency  of disciplinary against his, this fact shall be recorded at the time of selection and a vacancy shall be kept in reserve for him and he shall, in the event of his being exonerated of the charge and reinstatement, be promoted and his seniority shall not be affected merely by the delay in appointment.

          (4) If a candidate is due for substantive appointment but has been places under suspension or disciplinary proceedings are underway against him, a permanent vacancy shall be kept in reserve for him and in case he is exonereated of the charges, is reinstated  and gets substantive appointment his seniority shall, upon confirmation, be determined according to his position at which he would have been placed, if he had not been suspended or, as the case may be, if the disciplinary proceedings had not been instituted against him.

          (5) 3Vacancies are required to be filled on every occasion both by direct recruitment and promotion and the inter se seniority of persons appointment by promotion and direct recruitment against the vacancies of a particular year, shall be determined by arranging their names alternately, the first name of the person appointed by promotion, and placing the names of the remaining persons below enable.

                   EXPLANATION- A direct recruitment will not be entitled    to seniority of the year earlier to the year of his recruitment solely on the ground that there had been no direct recruitment in that year.

 

22.    Period of Probation---

          (1)     Every candidate on appointment to the service in or against a substantive vacancy shall be placed on probation for two years.

          (2)     Continuous service rendered in an officiating are temporary capacity in a post included in the cadre of the service or on an equivalent post may be taken into account in computing the period of probation.

          (3)     (a) Every officer recruited under the provisions of rule 5(1) shall, during his probationary period be required to attend course of instruction at the state police training college, extending to 18 months, and to pass the departmental examinations in the subject prescribed for him. On completion of his course he shall be posted to a district and required to obtain a certificate of efficiency in practical training as prescribed for assistant Superintendent of Police.

                   (b) Every officer, recruited under the provision of rule 5(2) shall , during his probationary period, be posted to a district or to the criminal investigation department or to the government railway police.

 

23.    Extension of period of probation or discharge during or at the end of period--

          (1) If it appears at any time, during  or at the end of the period of probation, that an officer has not made sufficient use of his opportunities or or if he has otherwise failed to give satisfaction,  his service shall be dispensed with or he shall be reverted to his substantive appointment, if he holds one, provided that the Governor may, if he deems fit, extend the period of probation, any such extension shall specify the exact date upto which extension is granted.

          (2) An officer removed from the service during or at end of the period of probation under sub rule (1) shall not be entitled any compensation.

24.    Confirmation   -

          (1) A probationer directly recruited shall be confirmed in his appointment at the end of the period of probation if (a) he has passed the departmental examination completely, and (b) the Governor is satisfied that he is fit for confirmation.

          (2) An officer recruited by promotion shall be confirm in his appointment at the end of period of probation if the Governor is satisfied that he is fit for confirmation.

           (3) All confirmation under this rule shall be notified in the official gazette .

 

PART - VIII - PAY AND ALLOWANCES

 

25. Scale of pay:-

 

(i) The scales of pay admissible to a person appointed to a post in the cadre of the service, whether in a substantive of officiating capacity or as a temporary measure, shall be as follows:-

(i) Ordinary Grade - 2200 -75-2800-EB -100-4000.

(ii) Senior Scale-       3000-100-3500-125-4500.

(iii) Special Scale-     3000-100-3500-125-4750.

(IV) Selection Grade- 3700-125-4700-150-5000.

 

          (2) Pay during probation- Notwithstanding any provision in the fundamental Rules to a contrary, but subject to the provisions of sub-rule (3), a probationer shall draw during the period of probation increments as they accrue, provided that his work is considered satisfactory.

                   Provided further that if the period of probation is extended on account of failure to give satisfaction, such extension shall not count for increment unless the Governor directs otherwise.

 

(3)The  pay during the period of probation of a person who is recruited under the provision of rule 5(ii) shall be fixed in accordance with the fundamental rules.

 

26. Criteria for crossing efficiency bar and selection to senior scale, Special Grade and Selection Grade:-

(1) Criteria for crossing efficiency bar -- No person shall be allowed to cross efficiency bar unless :-

          (i) he has a satisfactory record of service.

          (ii) he is fully capable of supervising the work of his                subordinates and the investigation of heinous crimes.

          (iii) he is found to be fully capable of holding charge of a                 circle by reason both of his ability and strict honesty                 and .

          (iv) his integrity is certified.

(2) Selection To Senior Scale:-

                   (a) Selection to the senior scale shall be made on the recommendation of a selection committee on the basis of seniority subject to rejection of unfit from amongst such substantively appointed Deputy Superintendents of Police  who have completed six year service from the year of allotment or the date of selection and have also completed four years in ordinary grade and are also confirmed in the Uttar Pradesh Police Service. The selection committee shall be constituted by:-

          (i) Chief Secretary to the Government- Chairman.

          (ii) Secretary to the Government         - Member.

          (iii) Director General of Police            -Member.

          (b)     The appointing authority shall determine the number of vacancies and shall prepare an eligibility list of candidates in accordance with the Uttar Pradesh promotion by the selection (on posts outside purview of the Public Service Commission) eligibility List Rules,1986 and place it before the selection committee along with their character rolls and such other record, pertaining to them as may be considered proper.

 

          (c) The selection committee shall consider the cases of  candidates on the basis of records referred to in clause (b) and if it considered necessary it may interview the candidates also. 

 

     (d) The selection committee shall prepare a list of selected candidates in accordance with the orders of the State Government in force at the time of recruitment, and forward the same to the appointing authority.

 

          (e) The select list shall be effective for one year from the date of selection.

 

27.    Special Pay--       In addition to the pay which may be drawn under rule-25, a member of the service shall receive a member of the service shall receive such special pay, as may be, sanctioned by the Governor, from time to time, for the post held by him.

                   Provided that no special pay shall be admissible to officer drawing pay in the Selection Grade.

 

28. Grant for purchase of horse, saddler and uniform-------

 

          Every officer appointed to a post in the cadre of the Service shall receive a pecuniary grant for the purchase of a horse and saddler and a further grant for the purchase of horse and saddler and a further grant grants for the purchase of uniform. The amount of grants, the conditions under which they shall be made and the periods under at which and the conditions subject to which they shall be renewable are governed by the rules set forth in Appendix F to these rules.

 

PART IX - Other provisions

 

29.Convassing- No recommendation for recruitment, whether written or oral, other than that required under these rules shall be taken into consideration. Any attempt on the  part of a candidate to enlist support directly or interjectorily for his candidature by other means shall make him liable to be disqualified.

30.Regulation of leave, allawances,pensions,etc.-

      Subject to the provisions of these rules, the conditions of the service of members of the service shall be regulated by the rules and orders applicable generally to Government Servant under the rule making control of the Governor.

31.Relaxation from the condition of service-

     Where the Government is satisfied that the operation of the regulating the condition of service of persons appointed to the service cause under hardship in any particular case, it may notwithstanding any thing contained in these rules applicable to the case, by or dispense with or relax the requirement of that rule to such extant and subject to such conditions as it may consider necessary for dealing with the case in a justify and equitable manner.

       Provided that  the commission shall be consulted before the rule is relaxed.

APPENDIX-A

( see rule-4(2) )

          The sanctioned permanent strength of the service and the kind of post included therein are as follows:-

Deputy Superintendent of Police Selection Grade....

          Twenty percent of sanctioned post of Senior Scale and Special               Grade.

Special Grade...                      ....      144

Senior Scale...                        ....      192

Ordinary Grades...                  ....      654  

 

                                                                             By order,

                                                                                      Sd/-

                                                                   ( Surendra Mohan )

                                                          Principal Secretary Home