(Notification) THE INDIAN ADMINISTRATIVE SERVICE (CADRE) RULES, 1954
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.
2. Definitions:- In these rules, unless the context otherwise requires -
2(a) ‘Cadre officer’ means a member of the Indian Administrative Service;
2(b) ‘Cadre post’ means any of the post specified under item I of each cadre in schedule to the Indian Administrative Service (Fixation of Cadre Strength) Regulations, 1955.
2(c) ‘State’ means [a State specified in the First Schedule to the constitution and includes a Union Territory.]
2(d) ‘State Government concerned’, in relation to a Joint cadre, means the Joint Cadre Authority.
Government of India's Decisions under Rule 2:
The Government of India have held that a cadre post as defined in the Rules means only the post specified under item 1 of the cadre strength of each State. A non-cadre post does not become a cadre post simply, on being declared equivalent to a cadre post. It would become a cadre post only after it has been included in and specified as such item I of the cadre strength of each State as shown in the schedules to the I.A.S. ( Fixation of Cadre Strength) Regulations, 1955.
[G.I M.H.A. letter No. 14/51/65-AIS(III), dated 21-2-1966].
3. Constitution of Cadres - 3(1) There shall be constituted for each State or group of States an Indian Administrative Service Cadre.
3(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’.
4. Strength of Cadres - 4(1) The strength and composition of each of the cadres constituted under rule 3 shall be 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.
4(2) The Central Government shall, 4[ordinarily] at the interval of every 4[five] years, re-examine the strength and composition of each such cadre in consultation with the State Government or the State Governments 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 State Government concerned may add for a period not exceeding one year 5[and with the approval of the Central Government for a further period not exceeding two years,] to a State or Joint Cadre one or more posts carrying duties or responsibilities of a like nature to cadre posts.
Government of India's Decisions under Rule 4:
1.1. The criterion for inclusion of senior duty posts in the IAS cadre schedule is that the cadre should include all posts for which the State Government would require officers with wide administrative experience of the standard of the I.A.S. It should thus include:
(i) all superior administrative posts of and above rank of District Officers e.g. Collectors, Commissioners, Members of Board of Revenue, Secretaries & Deputy Secretaries in Administrative Departments; and
(ii) a proportion of miscellaneous posts including those of Heads of Departments. Strict uniformity in this matter is difficult.
1.2 The Central Government reserve the right to take a final decision regarding inclusion of a post in the cadre.
[ G.I. MHA letter No. 5/61/57-AIS(II), dated 22-11-1957, No. 27/28/64-AIS(III), dated 24-3-1966 and 14/39/65-AIS(III).]
2. Posts included in the Cadre acquire the character of permanency.
[G.I. MHA letter No. 6/25/64-AIS(I), dated 1-6-1964].
3. Temporary additions to or subtractions from a cadre are not to be taken into account for cadre calculations or for calculating the number of selection grade posts.
[G.I. MHA letter No. 5/24/58-AIS-II dated 5.5.1958]
4.1 The second proviso requires that the posts added temporarily to the cadre should carry duties and responsibilities of a like nature of cadre posts. The exercise of this power by the State Government with reference to a post involves an objective assessment of the nature of the duties and responsibilities attached to that post in comparison to those attached to a cadre post. Thus posts cannot be added temporarily to the cadre unless such posts already exist in the cadre.
4.2. The scale of pay of the post, temporarily added to the cadre, should also be the same as that of the cadre post to which it corresponds. Thus, where the pay of the post of Secretary in the cadre is in the senior time-scale, it would not be in order, to add temporarily to the cadre post of Secretary in the super time-scale.
Courtesy : Ministry Of Personnel, Public grievances And Pensions
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