ALL INDIA SERVICES (AIS) BRANCH

1. Introduction Back to Index Table The Constitution provides for the creation of All India Services (AIS) common to the Union and the States. The All India Services Act, 1951 provides that the Central Government may make rules for regulating the recruitment and the conditions of service of persons appointed to the All India Services. Presently only the IAS, the IPS and the IFS have been constituted as All India Services. Recruitment to these services is made under the corresponding AIS Recruitment Rules and may be done by Direct Recruitment (through Competitive Examinations) and by promotion from the State Service (through a Committee convened by the UPSC). The AIS Branch is concerned with the latter mode of recruitment which is governed by the respective IAS/IPS/IFS Promotion Regulations.

2. Main Functions of AIS Branch.

Back to Index Table The AIS Branch is primarily concerned with the promotions to the three All India Services viz. IAS, IPS, and IFS. The main items of work handled by the All India Services Branch are as follows: (i) (ii) (iii) (iv) (v) Promotions of State Service officers to the IAS, IPS and IFS Selection of Non-State Civil Service officers for appointment to the IAS under the IAS (Appointment by Selection) Regulations, 1997 Consequential Court Cases associated with the AIS promotions/ selections Policy matters relating to All India Services and amendments in the Promotion Regulations. The All India Services Cadre Rules provide for consultation with the Commission in the matter of appointment of non-Cadre State Service officers to the AIS Cadre posts if such appointment is made for a period exceeding six months.

3.

PROMOTIONS TO THE IAS/IPS/IFS Back to Index Table

3.1

Determination of Vacancies:

The selection process for recruitment to the All India Services for any recruitment year of a State/Cadre begins with the determination of the promotional vacancies by the Central Government in consultation with the State Government. From 31.12.1997, the concept of the size of the Select List was amended such that it would not exceed the number of substantive vacancies existing as on the 1st day of January of the year for which the Select List is being prepared. The zone of consideration is equal to 3 times the number of officers to be included in the Select List. A compilation of the relevant AIS Regulations is given in the Appendices. 3.2 Proposals for convening Meetings of the Selection Committee (SCM):

The State Govt forwards the necessary proposals for convening meetings of the Selection Committee for promotion to the All India Services. The proposal includes several documents like the seniority list, eligibility list, ACRs, Integrity Certificates, Statement of Disciplinary/Criminal proceedings, if any, pending against the officers, Statement of penalties imposed, etc. The proposal is examined by the Commission and the eligibility of officers is verified vis--vis the provisions of the Regulations. After the proposal is complete in all respects, the Commission convene a meeting of the Selection Committee. A Checklist of the documents required to be forwarded along with the proposals by the State Government is included in Appendix-V. 3.3 Meetings of the Selection Committee (SCM) and its procedures:

The SCMs presided over by the Chairman/ Member of the UPSC, are held annually for selection of State Civil/Police/Forest Service officers for promotion to the IAS/IPS/IFS. The selection of Non-State Civil Service officers for appointment to the IAS under the IAS (Appointment by Selection) Regulations, 1997, is also made by the Selection Committee. The Composition of the Selection Committee for all the three services is specified in the Regulations and includes nominees of the Govt. of India not below rank of the Joint Secretary. In addition, the members of the Selection Committee other than the Chairman/Member, UPSC, should be from the All India Services. The absence of a member, other than the Chairman or member of the Commission, shall not invalidate the proceedings of the Committee if more than half the members of the Committee had attended it meetings. 3.4 The Selection Committee classifies the eligibleofficers as Outstanding Very Good

Good or Unfit, as thecase may be, on an overall relative assessment of their service records. TheCommittee is not guided by the remarks/gradings recorded in the ACRs but makesits independent assessment on the basis of the entries recorded under variousattributes; and the procedure followed is as per the Internal Guidelines of theCommission which ensures uniformity and consistency in the matter of selections.The list is to be prepared by including the required numbers of names, firstfrom amongst the officers finally classified as Outstanding then fromamongst the officers finally classified as Very Good and thereafter fromamongst those similarly classified as Good and the order of names withineach category shall be in the order of their inter-se seniority in the StateCivil/ Police/ Forest Service. (c.f.Guidelines/Procedures). 3.5 Where no meeting of the Committee could be heldduring a year for any reason other than Nil vacancy, the Select List shall beprepared separately for each year the Committee could not meet, as and when theCommittee meets again,. Thisprovision is applicable for promotion to IAS(SCS), IPS and IFS. 3.6 Provisional Inclusion:

The name of an officer included in the list is treated as provisional if the State Government withholds the Integrity Certificate or any proceedings departmental or criminal are pending against him or there is anything adverse against him. The Promotion Regulations specify that such provisionally included officer can be made unconditional in the Select List during the validity period of the Select List which is specified under Regulation 7(4). For this, the State Government has to send a proposal to the Commission, during the validity period, stating that the conditions leading to the provisional inclusion of the officer no longer subsist and that the State Government recommends that they are of the opinion that the officers name should be made unconditional. The Regulations do not provide for making officers unconditional after the validity period of the Select List. There is no provision in the Selection Regulations for provisional inclusion of a Non-SCS officer. In fact those Non-SCS officers against whom Departmental Enquiry is pending or Integrity Certificate is withheld are not entitled to be considered by the Selection Committee as has been clarified by the Central Government.

3.7

Approval of the Select List by the Commission and its validity.

The list prepared by the Selection Committee is referred by the State Govt. to the Commission for approval. The Central Govt. also furnish their views on the recommendations of the Selection Committee. The list as approved by the Commission forms the Select List which shall remain in force till the 31st day of December of the year in which the meeting of the Selection Committee is held or upto sixty days from the date of approval of the Select List by the Commission, whichever is later. The role of the UPSC comes to an end after approval of the Select List, in so far as the selection process is concerned 3.8 Appointments to the All India Services:

After the Select List has been approved, the Central Government notifies the same and also take steps to appoint the Select List officers to the respective All India Services. The Central Government is also responsible for framing, interpreting and administering the AIS Rules and Regulations. 4. OFFICIATING APPOINTMENT TO THE IAS/IPS/IFS. Back to Index Table Officiating appointments of Non-cadre State Service officers to the IAS/IPS/IFS cadre posts are made under rule 9 of the IAS/IPS (Cadre) Rules 1954 and IFS (Cadre) Rules 1966. While approving these appointments, it is ensured that the following conditions are satisfied. (i) (ii) (iii) No cadre officer is available for the post: The officiating appointments are made in the order in which the names of the officers appear in the Select List prepared in accordance with the IAS/IPS/IFS (Appointments by Promotion) Regulations. Where a Select List is not in force or it is proposed to appoint a Non-Select List officer the State Govt. shall forthwith make a proposal to the Central Government explaining the reasons and appointment shall be made with the prior approval of the Central Government.

In terms of Rule 9(3) of the IAS/IPS (Cadre) Rules, 1954 and IFS(Cadre) Rules, 1966where 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 UPSC 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 UPSC, give suitable direction to the State Government concerned. REACHING OUT: EFFORTS OF THE COMMISSION IN CONVENING MEETINGS OF THE SELECTION COMMITTEE Back to Index Table Periodical reminders by way of D.O. letters are sent to each State Govt. requesting them to furnish complete proposals for convening the SCMs. In addition, Zonal Meetings are also organized from time to time wherein the officers of State Governments are informed on the process of selections and also about the documentation necessary to ensure that the proposals are complete so that SCMs could be convened expeditiously. 6. COURT CASES

Back to Index Table 6.1 On an average, around 200 cases are received each year in the AIS Branch. After receiving a notice from the CAT/ High Court/ Supreme Court, the Application/Petition is examined and replies are filed wherever the issues relate to action with which the UPSC is directly/ substantially concerned. In the remaining cases, the State Governments concerned/Government of India are requested to defend the case on behalf of the Commission depending on which authority/agency is directly responsible for the impugned order/actions. 6.2. Engagement of Advocates for handling court matters of the Commission

The Commission have set-up a Nodal Legal Section (NLS) to coordinate various court matters pertaining to the Commission in various courts across the country. For defending the court matters, the Commission engage Central Government Standing Counsels/Advocates in various courts. The Advocates handling the court matters of the Commission are required to coordinate with the officers of the Commission for efficient handling of court matters.

7. Status of Meetings of the Selection Committee for Selection to IAS/IPS/IFS as on 31.03.2012

English Version / Hindi Version

Back to Index Table 8. USUAL NORMS FOR DISPOSAL OF VARIOUS PROPOSALS/ ITEMS Back to Index Table ITEM Selection Committee Meeting Proposals (i) 1st deficiency (ii) 2nd deficiency, if any (iii) Submission of proposal for date (iv) Holding of SCM (v) Issue of Minutes to State Govt. (vi) Submission of file for Approval Examination of Court directions Examination of fresh Court cases Commissions USUAL PERIOD OF DISPOSAL 30 days of receipt of proposal 10 days of receipt of deficiency 05 days of completion of proposal As scheduled by the Chairman/Member. Within 10 days 10 days of receipt of comments on the approval from the Central Govt. and State Govt. 15 days/depends from case to case. Within 30 days May vary depending on availability of time due to SCMs. Back to Index Table 9. Officers/Staff Strength:

1.

2. 3.

The following are the officer/staff strength of AIS Branch : Sl.No. 1. 2. 3. 4. 5. Posts Joint Secretary Deputy Secretary Under Secretary Section Officer Assistants/UDC/LDC In position ( as on 29.06.2012) 01 02 03 02 08