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FUNDAMENTAL RULES VOL – I

CHAPTER I EXTENT OF APPLICATION 1 of 4

CHAPTER I EXTENT OF APPLICATION

F.R. 1. These rules may be called the Fundamental Rules. They shall come into force with effect from the 1st January 1922.

F.R. 2. (1) The Fundamental Rules apply, subject to the provisions of rule 3, to all Government servants whose pay is debitable to civil estimates in India, and to any other class of Government servants in India to which the Secretary of State in Council may by general or special order declare them to be applicable. In relation to services under its administrative control, other than all-India services a local Government may make rules modifying or replacing any of the Fundamental Rules; provided that-

(a) no such rule shall adversely affect any person who is in Government service at the time when the Fundamental Rules come into force; and

(b) any such rule which grants any privilege or concession not admissible under the terms of the Fundamental Rules, or of the Civil Service Regulations as they stand at the time when the Fundamental Rules are introduced, shall require the sanction of the Secretary of State in Council.

(2) Where the application of any rule in the Fundamental Rules is expressly or by implication limited by the provisions of any rule made under section 45-A of the Act, the limitation shall prevail and the rule in the Fundamental Rules shall be subject to the rule made under section 45-A of the Act.

S.S.O. 1

[Deleted.]

G.I.O.1.2

[Deleted.]

1 Deleted by F.D. Notification No. G-22/6/94/C/IV, Dated 1.10.96


Date of effect.

Extent of application.



G.I.O.2.3

[Deleted.]

L.G.R. 4

[Deleted.]

Note 5

[Deleted.]

F.R. 3 Unless in any case it be otherwise distinctly provided by or under these rules, these rules do not apply to Government servants whose conditions of service are governed by Army or Marine Regulations.

F.R. 4. The powers specifically granted by these rules to local Government may be exercised by them in relation to those Government servants only who are under their administrative control. These powers may be exercised by the Governor-General in Council in respect of all other Government servants, and may be delegated by him, without regard to the limitations of rule 6 and subject to any conditions which he may think fit to impose, to a Chief Commissioner, and to the Governor of North-West Frontier Provinces in his capacity as Agent to the Governor-General.

Ad-hoc rule made by Secretary of state under section 247(1) and 250 of the Government of India Act, 1935.

6

[Deleted.]

Rules made by the provincial Government under the powers conferred upon it by the Governor-General in Council under section 124(1) and 241 (2) (a) of the Government of India Act, 1935.

7

[Deleted.]

G.I.O. 8

[Deleted.]






Scope of the Fundamental Rules.

Authority competent t o exercise power under the Fundamental Rules.



F.R. 5 9 [Deleted.]

F.R. 5-A 10[Deleted.]

11F.R. 6. The Government in Finance Department may

delegate to any of Government officers, subject to any conditions which it may think fit to impose, any power conferred upon it by these rules with the following exceptions:

(a) all powers to make rules;

(b) the other powers conferred by rules 6, 9(6)(b), 44 and 45.

S.R. Appendix IIPart II schedules the delegation of powers made by the Finance Department under Fundamental Rule 6.

12F.R. 7. No powers may be exercised or delegated under

these rules except after consultation with the Finance Department. It shall be open to that department to prescribe, by general or special order, cases in which its consent may be presumed to have been given, and to require that its opinion on any matter on which it has been consulted shall be submitted to the Council of Ministers or Chief Minister in Co-ordination by the consulting department.

S.R. The Finance Department has declared, under Fundamental Rule 7, that its consent may be presumed to have been given to the exercise, by the authorities to whom they are

delegated, of the powers delegated by Appendix IIPart I.




11 Substituted by F.D. Notification No. G-22/6/94/C/IV, Dated 1.10.96

12 Substituted by F.D. Notification No. G-22/6/94/C/IV, Dated 1.10.96

Delegation of powers.

Consent of Finance Department to the exercise of powers under Fundamental Rules.

Extent of consent.



13F.R. 8. The power of interpreting these rules is reserved to

the Government in Finance Department.

13

Substituted by F.D. Notification No. G-22/6/94/C/IV, Dated 1.10.96

Power to interpret the Fundamental Rules.

FUNDAMENTAL RULES Vol – I

CHAPTER II DEFINITIONS 1 of 23

CHAPTER II DEFINITIONS

F.R. 9. Unless there be something repungant in the subject or context, the terms defined in this chapter are used in the rules in the sense here explained:-

(1) The "Act" means the Government of India Act.

1

(1-A) "Allotment" means grant of a licence to a Government servant to occupy a house owned, leased or requisitioned by the Government or a portion thereof, for use by him as residence.]

(2) "Average pay" means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay;

Proviso 2

[Deleted]

A.G.I.1. The term 'month' means "a calendar month" as in rule 9 (18).

A.G.I.23[Deleted]

A.G.I.34[Deleted]

A.G.I.45[Deleted]

A.G.I.56[Deleted]

A.G.I.67[Deleted]

(3) 8

[Dejeted] 1Inserted by F.D. Notification No. 284-R-331-IV-R-I-69, Dated 21.3.70.

2 Deleted by F.D. Notification No. , Dated






Definitions.

Definition of month.



(4) "Cadre" means the strength of a service or a part of a service sanctioned as a separate unit.

(5) "Compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance, but does not include a sumptuary allowance nor the grant of a free passage by sea to or from any place outside India.

A.G.I. The allowances granted to professors of medical colleges who are denied the privilege of private practice should be treated as compensatory allowance.

N.B.- See S.S.O.2 under F.R. 9 (25).

L.G.R. The reasons for the grant of a compensatory allowance should ordinarily be recorded in the order sanctioning the allowance so as to enable the audit office to watch the classification of the allowance. In cases in which an official record in an open order is considered to be undesirable, the reasons should be communicated confidentially to the audit authority.

[G.I.F.D. letter No. F-9-V-C-R-27, dated the 15th February, 1927.]

(6) "Duty".- (a) Duty includes-

(i) Service in India as a probationer or apprentice, provided that such service is followed by confirmation.

A.G.I. (a) The term "probationer" in Fundamental Rule 9 (6) (a) (i) does not cover a Government servant who holds substantively a permanent post in a cadre and is merely appointed on "probation" to another post. Such a Government servant not being a probationer, the proviso in Fundamental Rule 9 (6) (a) (i) does not apply to him and the service rendered by him is duty for all the purposes of the Fundamental Rules without any restriction or


Classification of allowances for loss of private practice.

Reasons to be recorded.

Scope of the term probationer.



limitation under Fundamental Rule 26 (a) such duty should be counted for increment in the post in which the service is actually rendered, that is, the post which he holds on probation. In such a case, therefore, it is permissible for the Government servant to draw an increment even before the end of his probation (Vide Controller of Civil Account's Letter No. M.T.-940-A-158-27, dated the 14th August, 1928, received with the Accountant-General's letter No. G.A. 32-3-1116, dated the 18th September, 1928).

(b) No person appointed substantively to a permanent post in a cadre is a probationer, unless definite conditions of probation have been attached to his appointment, such as the condition that he must remain on probation pending the passing of certain examinations.

(c) The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.

(ii) Joining time.

(iii)Extra leave on average pay granted to a Government servant undergoing treatment at a Pasteur Institute.

(iv) In the case of an officer of the Indian Civil Service, the Indian Police or the Indian Forest Service recruited overseas the period prior to assumption of duties on first appointment during which he draws pay.

(b) A local Government may issue orders declaring that in circumstances similar to those mentioned below, a Government servant may be treated as on duty.-

(i) During a course of instruction or training in India.

(ii) In the case of student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at a university, college or school in India, during the interval between



the satisfactory completion of the course and his assumption of duties.

(iii) During preparation in India for an examination in any oriental language.

(iv) On the first arrival in India of Government servants appointed in England who do not before they report themselves at the seat of the local Government concerned, receive orders to take charge of a specified post, during the interval between the date of such report and the date on which they take charge of their duties.

G.I.O. The time reasonably required for the journey from a Government servant's headquarters to the place of training and for the journey from the place of training to the station to which a Government servant is posted after the period of training should be treated as part of the period of training and not as joining time. This ruling does not apply to probationers holding "training posts" which they may be considered as taking with them on transfer. Such probationers are entitled to joining time when transferred.

[G.I.F.D. letter No. F-76-R-I-29, dated the 20th June, 1929.]

N.B.- See Note 2 to clause (i) of the S.R. below F.R.9(6)(b).

A.G.I. [Deleted]

L.G.R. 1. For the purpose of the above G.I.O. "the time reasonably required" should be held to be such time as the Head of the Department may consider reasonable but not exceeding the joining time calculated as for a journey on transfer under the Supplementary Rules below Fundamental Rule106 without the concession of "5 days for preparation." Preparation time for 5 days may be allowed only for the return journey from the place of training in case in which a Government servant is posted at the end of his training to a new station. In the case of Assistant Commissioners undergoing training in the judicial Department and in the case of Subordinate Judges (Central Provinces Civil Service,



Judicail Branch) undergoing magisterial training, the reasonable time for the journeys to and from the place of training should, however, be held to be the full joining time admissible for a journey on transfer.

L.G.R.2. The period of transit allowed to Apprentice Engineers of the Public Works Department for proceeding from one place of training to another is as followas:-

(1) When the new place of training is in the same station but not in the same office-One day.

(2) When the new place of training is in a diffierent station,

(a) two days for preparation, and

(b) for the actual journey, the time calculated as for a journey on transfer under Supplementary Rule 2 below Fundamental Rule 106. Sundays not actually spent in travelling being excluding for the purposes.

[P.W.D. memo No. 134-H.E, dated the 13th December 1941]

S.R.9

[Deleted]

10

[(6-A) "Fee" means a recurring or non-recurring payment to a Government servant from source other than the Consolidated Fund of India or the Consolidated Fund of a State whether made directly or through the intermediary of Government.]

11

[(7) "Foreign service" means service in which a

Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India or the Consolidated Fund of any State or the Consolidated Fund of a Union Territory.]


10 Subsituted by F.D. Notification No.3287-IV-R-II, Dated 7-8-62

11 Subsituted by F.D. Notification No. , Dated



(8) "General revenues of India" include the revenues allocated to a local Government and exclude the revenues of local funds.

12

[(9) "Honorarium" means a recurring or non-recurring payment granted to a Government servant from the Consolidated Fund of India or from the Consolidated Fund of a State as remuneration for special work of an occasional or intermittent character.]

(10) "Joining time" means the time allowed to a Government servant in which to join a new post or to travel to or from a station to which he is posted.

(11) 13

[Deleted]

(12) "Leave-salary" means the monthly amount paid by Government to a Government servant on leave.

(13) "Lien" means the title of a Government servant to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post including a tenure post, to which he has been appointed substantively.

(14) "Local fund" means -

(a) revenues administered by bodies which by law or rule having the force of law come under the control of Government whether in regard to proceedings generally or to specific matters, such as the sanctioning of their budgets, sanction to the creation or filling up of particular posts, or the enactment of leave, pension or similar rules; and

(b) the revenues of any body which may be specially notified by the Governor-General in Council as such.

12

Subsituted by F.D. Notification No.3287-IV-R-II, Dated 7-8-62 13

Deleted by F.D. Notification No. , Dated



(15) "Local Government" for the purposes of these rules, does not include a Chief Commissioner.

(16) (a) "Military commissioned officer" means a commissioned officer other than -

(i) a departmental commissioned officer;

(ii) a commissioned officer of the Indian Medical Department.

It does not include a Warrant Officer.

(b) "Military Officer" means any officer falling within the definition of military commissioned officer, or included in sub-clause (i) or (ii) or clause (a) above, or any warrant officer.

(17) 14

[Deleted]

(18) "Month" means a calendar month. In calculating a period expressed in terms of months and days, complete calendar months irrespective of the number of days in each, first be calculated and the odd number of days, calculated subsequently.

A.G.I. In calculating a period of 3 months and 20 days from 25th January, 3 months should be taken as ending on 24th April, and 20 days on 14th May. In the same way the period from 30th January to 2nd March should be reckoned as 1 month and 2 days because one month from 30th January ends on 28th February.

A period of one month and 29 days commencing from the 1st January will expire, in an ordinary year (in which February is a month of 28 days), on the last day of February, because a period of 29 days cannot obviously mean to exceed a period of full calendar month and leave for two months from 1st January would end on the last day of February. The same would be the case if February were a month of 29 days of if the broken period were 28 days (in an ordinary year).

14


Broken period of a month, how reckoned.



(19) "Officiate" A Government servant officiates in a post when he performs the duties of a post on which another person holds a lien. A local Government may, if it thinks fit, appoint a Government servant to officiate in a vacant post on which no other Government servant holds a lien.

(20) "Overseas pay"means pay granted to a Government servant in consideration of the fact that he is serving in a country other than the country of his domicile.

(21) (a) "Pay" means the amount drawn monthly by Government servant as-

(i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity or to which he is entitled by reason of his position in a cadre, and

(ii) overseas pay, technical pay, special pay and personal pay, and

(iii) any other emoluments which may be specially classed as pay by the Governor-General in Council.

(b) In the case of military officer, in receipt of the rates of pay introduced on July 1st, 1924, pay includes the amount which he receives monthly under the following designations:-

(i) Pay of appointment, lodging allowance and marriage allowance, and

(ii) Pay of rank, command pay, additional pay, Indian Army allowance, lodging allowance and marriage allowance.

(c) In the case of a military officer, in receipt of the rates of pay in force before 1st July 1924, pay include the amount which be receives monthly under the following designations:-

(i) Military pay and allowances and staff salary,



(ii) Indian Army pay and staff salary, and

(iii) Consolidated pay.

G.I.O. 1 15

[deleted]

G.I.O. 2 16

[deleted]

G.I.O. 3 17

[deleted]

G.I.O. 4 18

[deleted]

G.I.O. 5 19

[deleted]

A.G.I. 1 20

[deleted]

A.G.I. 2 21

[Deleted]

L.G.R.1 22

[Deleted]

L.G.R.2 23

[Deleted]

(22) "Permanent post" means a post carrying a definite rate of pay sanctioned without limit of time.

(23) "Personal pay" means an additional pay granted to a Government servant-

(a) to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a

15

Deleted by F.D. Notification No. , Dated 16











revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure; or

(b) in exceptional circumstances, on other personal considerations.

(24) "Presumptive pay of a post" when used with reference to any particular Government servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties, but it does not include special pay unless the Government servant performs or discharges the work or

responsibility,24

[***] in consideration of whic h the special pay was sanctioned.

A.G.I. The first part of the definition is intended to facilitate the use of the term in relation to a Government servant who has been absent from a post for sometime but still retains a lien on it.

(25) "Special Pay" means an addition, of the nature pay, to the emoluments of a post or of a Government servant, granted in consideration of-

(a) the specialy arduous nature of the duties; or

(b) a specific addition to the work or responsib ility; or

(c) 25

[Deleted]

S.S.O.1.[Deleted]

S.S.O.2 The circumstances which justify the grant to an officer of special pay are entirely different in character from those which justify the grant of a comensatory allowance, a difference emphasized in the definitions of those terms embodied in the Fundamental Rules. Those definitions should be strictly construed and an exact compliance required with the conditions stated in them as antecedent to

24

The words " or is exposed to the unhealthy conditions" deleted by F.D. Notification No.1291-R-107/IV-R-I-71 Dated 31.10.72 25

Deleted by F.D. Notification No.1291-R-107/IV-R-I-71 Dated 31.10.72

Scope of the first part of the rule.

Special pay and compensatory allowances not inter-dependent.



the grant of either special pay or compensatory allowance.The grant of compensatory allowance is a matter the control of which has been delegated to local Government, with whose use of the discretion entrusted to them the Secretary of State would normally be reluctant to interfere. The Secretary of State desires, however, to make it clear that for the reasons given above he is unable to recognize any necessary inter-dependence between special pay and compensatory allowance, or to agree either that, where the cost of living would justify the grant to an officer of a compensatory allowance, he should be rendered ineligible for such allowance because he has already been granted special pay in recognition of the duties and responsibilities of his post, or that, if the attachment of special pay to a post is justified under the terms of the Fundamental Rules, it should be subject to reduction, because for reasons essentially different a compensatory allowance, as defined in Fundamental Rule 9 (5), is subsequently granted.

[G.I.F.D. letter No.F-6-C.S.R-26, dated the 4th May 1926]

L.G.O. 1 [Deleted]

L.G.O. 2 The reasons for the grant of a special pay should ordinarily be recorded in the order sanctioning it so as to enable the audit office to watch the classification of the charge. In case in which an official record in an open order is considered to be undesirable, the reasons should be communicated confidentially to the audit authority.

[G.I.F.D., letter No. F.9-V-C.S.R.-27, dated the 15th February, 1927.]

L.G.O. 3. The following criteria should be strictly adhered to in determining the admissiblity or otherwise of the special pay under clauses (a) and (b) of Fundamental Rule 9 (25) and in regulating its rate:-




(i) Any Government servant on a time-scale of pay may be called upon to fill any post on that scale without additional remuneration, provided he is given no more than a full day's work. Special pay should not be justified on the ground that the duties of a particular post in a time-scale are mere onerous or responsible than those of other posts on that time-scale. If the duties of all the posts in the same cadre inter-changeabe, i.e., if they are performable by any member of the cadre, special pay is not justified.

(ii) special pay may be granted where it is in effect a device used in the interest of economy. Two classes of cases may fall under this head:-

(a) Where it is possible to draw a definite distinction as to the nature of the duties to be performed, it is cheaper and administratively more convenient to grant special pay than to create a special post on a rate of pay higher than the time-scale for any given cadre.

(b) In temporary vacancies, or even as a permanent arrangement, it is sometimes cheaper for Government to grant special pay to a Government servant for work in excess of a full day's work (neglecting of course occasional rushes of work which must be treated as incidental to Government service) or work which is not strictly the sort of work the Government servant was recruited to do than to appoint extra staff or fill a vacancy.

(iii) The amount of special pay should not exceed 20 per cent of the average of the new scale, i.e., the post-1931 scale, applicable to the post to which it is attached.

Nte:-The average of the scale for this purpose should be worked out by the simple formula of

minimum+maximum of the scale 2

[Finance Deptt. Memorandum No. 7013-969-R-VI-II/49, dated the 29th September, 1950, F.D.(R) File 1329/1950]



L.G.R.26

[Deleted]

A.G.I. 27

[Deleted]

26. [Deleted]

(27) "Subsistence grant" means a monthly grant made to a Government servant who is not in receipt of pay or leave-salary.

28

[(28) "Substantive pay" means the pay inclusive of special pay sanctioned in lieu of higher time-scale of pay, other than special pay, personal pay or emoluments classed as pay under Rule 9 (21) (a) (iii) to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.]

L.G.R.1 29

[Deleted]

L.G.R.2 In the case of a person with a lien on a permanent post under a State or Central Government 'substantive pay' means the 'substantive pay' as defined in the relevant rules of the Government concerned.

G.I.O. 30

[Deleted]

(29) "Technical Pay" means pay granted to a Government servant in consideration of the fact that he has received technical training in Europe.

(30) "Temporary Post" means a post carrying a definite rate of pay sanctioned for a limited time.

26

Deleted by F.D. Notification No. 1654/3282/R-I/IV dated 16.9.84 27


Substituted by F.D. Notification No.1554-CR-1986-IV-R-I,Dated 18.10.66 effective from 1.10.59. 29





(30-A) "Tenure Post" means a permanent post which an individual Government servant may not hold for more than limited period.

Note.- In case of doubt a local Government may decide whether a particular post is or is not a tenure post.

(31) (a) "Time-Scale pay" means pay which, subject to any condition prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay hitherto known as progressive.

(b) Time-scales are said to be identical if the minimum, the maximum, the period of increment and the rate of increment of the time-scales are identical.

(c) A post is said to be on the same time-scale as another post on a time-scales, if the two time-scale are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill posts involving duties of approximately the same character or degree of responsibility, in a service or establishment or group of establishment, so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.

G.I.O. Formula - Formula calculating average cost of the time-scale of pay-

Formula (1) Average Pay = A+B + (B-A) [1-(R+1) (.014+1-.01R)] 2 2 F-E

Formula (2)

Average Pay = A+B + (B-A) [1-(R+1) (.021+1-.015R)]

2 2 F-E

In the formulae (1)and (2)-

A=minimum pay,

B=maximum pay,



R=period of rise,

E=average age at entry in the grade, and

F=average age at retirement on spurannuation pension. This may

be taken to be 55 in almost every case unless there are special

reasonto take it either at a lower or a higher figure.

Formula(3)

Average Pay = A+C + (C-A) [1-(S+1) (.006+1-.004.S)]

2 2 G-E

In formula (3)

A=minimum pay

C=pay just before promotion to the second grade,

S=period of rise from A to C,

E=average age at entry in the first grade, and

G=average age at the time of promotion to the second grade.

Formula (4)

Average pay = 1/2(A+W1B1+W2B2+XC1+X2C)

Where A = the initial pay of the scale,

B1,B2 = the maximum pay of the different sections of the scale

such as the ordinary scale, the scale for passed clerks,

W1,W2= the proportion of the establishment which would normally

reach the maxim of B1,B2 respectively,

C1,C2= the pay at different efficiency bars, and

X1,X2,= the proportion of the establishment which would normally

be detainedat C1,C2 respectively.

G.O.I. 2. Formula (1) above is to be used in the case of gazetted

appointments while formula (2) in the case of non-gazetted posts.

In case where one grade is the channel of promotion to another

grade, that is to say, where everybody in the first grade is ultimately



promoted to the second grade formula(3) mayh be adopted to find

the average cost of appointments in the first grade. The use of

formula (4)should be restricted to cases involving an elaborate

scale, consisting of two or more sections with efficiency bars at

one or more stages.

[G.I.D. letter No. F-40 Ex.127, dated the 16th July 1927]

G.O.I. 3. Formuila (3)should be used in workikng out the

average cost of an appointment in the junior scale of an All-India

Service and for this purpose such proportion of overseas pay the

number of persons drawing overseas pay in the junior scale bears

to the total nujmber of persons in that scale should be added to the

minimum basic pay as well as to the basic pay just before

promotion to the senior scale.

[G.I.F.letter No.F39-II-Ex-I-31, dated 2nd April,1931]

(32) "Travelling Allowance" means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interests of public service. It includes allowances granted for the maintenance of conveyances, horses and tents.

S.R. Unless there is something repugnant in the subject or context, the terms defined below are in the Supplementary Rules in the sense here explained:-

(1) Actual travelling expenses mean the actual cost of transporting a Government servant with his servants and personal luggage including charges for ferry and other tolls and for carriage of camp equipment if necessary. It does not include charges for hotels, travellers' bungalows or refreshments or for the carriage of store or conveyance or for presents to coachmen and the like; or any allowance for such incidental losses or expenses as the breakage of crockery, wear and tear of furniture and the employment of additional servants.



(2) Apprentice means a person deputed for training in a trade or business with a view to employment in Government service, who draws pay at monthly rates from Government during such training but is not employed in or against a substantive vacancy in the cadre of a department.

(3) Audit officer means the Accountant-General, Madhya Pradesh.

(4) Camp equipage means the apparatus for moving a camp.

(5) Camp equipment means tents and the requisites for pitching them and such articles of camp furniture as it may be necessary, in the interest of public service, for a Government servant to take with him on tour.

(6) Competent Authority in relation to the exercise of any powers means the Governor in Council or the Governor acting with his Ministers or any authority to which the power is delegated by or under these rules.

Note.- Appendix II Part II contains the authorities subordinate to the local Government which exercise the powers of a competent authority under the various Supplementary Rules made under the Fundamental Rules by the Governor in Council or by the Governor and Ministers in virtue of the power conferred by Fundamental Rule 5.

(7) Day means a calendar day beginning and ending at Midnight; but an absence from headquarters which does not exceed twenty-four hours shall be reckoned for all purposes as one day; at whatever time the absence begins or ends.

31

[(8) Family (a) means a Government servant's wife or husband, as the case may be, residing with the Government servant and legitimate children and step children residing with and wholly dependent upon the Government servant. Except for purposes of

31

substituted by F.D.Notification No. D-971/4327/78/R-I/IV Dated 2.8.79.



Section XVI-A of the Supplementary Rules in Appendix V, it includes, in addition, parents, sisters and minor brothers, if residing with and wholly dependent upon the Government servant.

(b) For the purpose of Section XI, it includes in addition unmarried and widowed sisters and minor brothers if residing with and wholly dependent upon the Government servant.]

32

.[Note.- Government servant's wife or husband, as the case may be, legitimate children, step children, father, mother, step mother, unmarried and widowed sisters, minor brothers who reside with the Government servant and whose income from all sources including pension (inclusive of temporary increase/relief in pension and pension equivalent to death-

cum-retirement gratuity benefits) does not exceed 33

[Rs. 500 p.m.] may be deemed to be wholly dependent upon the Government servant.]

[Notes.- (1) Not more than one wife is included in the term 'family' for the purposes of these rules.

(2) An adopted child shall be considered to be a ligitimate child if, under the personal law of the Government servant, adoption is legally recognised as conferring on it the status of a natural child.]

(9) Finance Department means the Finance Department of the local Government.

(10) Head of Department means any authority which the Governor in Council has declared or may by order declare to be the Head of a Department for the purposes of the these rules.

Note.- The officers named below are to be considered as Heads of Departments for purposes of the Supplementary Rules.-

32

Substituted by F.D. Notification No. 6342-IV-R-II Dated 13.12.60. 33

Substituted by F.D. Notification No.D-405/1502/89/R-I/IV,Dated 29.11.89 effective from date of issue.



List of Heads of Departments

1 Chief Secretary. 2 Chairman, M.P. Public Service Commission. 3 Secretary, Lok Ayukta. 4 Chief Technical Examiner. 5 Director General, Academy of Administration. 6 Commissioner, M.P. Bhawan. 7 Chairman, Human Rights Commission, Bhopal. 8 Director General, State Bureau of Investigation of Economic Offenses.9 Secretary to the Governor. 10 Director General of Police. 11 Regional Inspector General of Police Bilaspur Zone. 12 Regional Inspector General of Police Jabalpur Zone. 13 Regional Inspector General of Police Gwalior Zone. 14 Regional Inspector General of Police Indore Zone. 15 Regional Inspector General of Police Bhopal Zone. 16 Regional Inspector General of Police Bhilai Zone. 17 Commandant, General Home Guards. 18 Director, Medico-Legal Institute. 19 Director of Estates. 20 Director, Sainik Welfare Board. 21 Director, Prosecutions. 22 Head of Department, State Garages. 23 Inspector General of Prisons. 24 Director, Treasuries and Accounts. 25 Director, Small Savings and State Lottery. 26 Director, Local Funds Audit. 27 Director, Life Insurance . 28 Director, Institutional Finance. 29 Director, Pension and Employees Welfare. 30 Commissioner, Sales Tax. 31 Excise Commissioner. 32 Inspector General of Registration. 33 All Commissioners (of Divisions). 34 President, Board of Revenue. 35 Commissioner, Land Records and Settlement.



36 Controller, Stationery and Printing. 37 Relief Commissioner. 38 Transport Commissioner. 39 Director, Sports and Youth Welfare. 40 Director, National Cadet Corps. 41 Principal, Chief Conservator of Forests. 42 Chief Conservator of Forests (Development). 43 Chief Conservator of Forests (Production). 44 Chief Conservator of Forests (Wild Life). 45 Director, Social Forestry. 46 Commissioner, Industries. 47 Registrar of Firms and Societies. 48 Director, Geology and Mining. 49 Chief Engineer (Electrical Sefty) and Chief Electrical Inspector. 50 Commissioner, Agricultural Marketing. 51 Director of Agriculture. 52 Director of Horticulture and Farm Forestry. 53 Cane Commissioner. 54 Commandant General, Land Army. 55 Registrar, Co-operative Societies. 56 President, Industrial Court. 57 Labour Commissioner. 58 Director, E.S.I. Schemes. 59 Director of Medical Education. 60 Director of Medical Services. 61 Director of Public Health and Family Welfare. 62 Director Epidemic Control. 63 Director of Indian System of Medicines and Homeopathy. 64 Controller, Food and Drugs Administration. 65 Director, Danida Project. 66 Director, Rajiv Gandhi Mission for Elimination of Iodine Deficiency

Disorders. 67 Director, Rajiv Gandhi Mission for Control of Diarrhea. 68 Commissioner, Urban Administration. 69 Engineer-in-Chief, Public Works Department. 70 Chief Engineer (North), Public Works Department. 71 Chief Engineer (West), Public Works Department.



72 Chief Engineer(East), Public Works Department. 73 Chief Engineer (National Highways), Public Works Department. 74 Chief Engineer (Central), Public Works Department. 75 Chief Architect. 76 Chief Engineer (Design and Investigations), Public Works Department.77 Commissioner, Public Instruction. 78 Director, State Council Educational Research & Training. 79 Director, Adult Education. 80 Legal Remembrance. 81 President, Arbitration Tribunal. 82 Chief Electoral Officer. 83 Development Commissioner. 84 Director, Panchayat and Social Welfare. 85 Director, State Institute of Rural Development. 86 Member-Secretary, State Planning Board. 87 Director, Economics and Statistics. 88 Director, Computer Center. 89 Director, Public Relations. 90 Commissioner, Tribal Development. 91 Director, Scheduled Castes Welfare. 92 Director, Backward Classes Welfare. 93 Additional Commissioner, Tribal Area Development Planning. 94 Director, Tribal and Harijan Research and Development Institute. 95 Govt.-member of M.P. Scheduled Castes, Scheduled Tribes and

Backward Classes Commission. 96 Vice-Chairperson, Narmada Valley Development Authority. 97 Rehabilitation Commissioner. 98 Director of Food and Civil Supplies. 99 Controller, Weights and Measures. 100 Director, State Health Management & Communication Center, Gwalior.101 Commissioner, Archaeology, Archives and Museums. 102 Director, State Languages and Culture. 103 Engineer-in-Chief, Irrigation. 104 Commissioner, Land Acquisition and Rehabilitation, Bansagar. 105 Chief Engineer, Irrigation, Survey and Investigation. 106 Chief Engineer, Ground Water Survey. 107 Chief Engineer, Bureau of Designs for Hydel and Irrigation Projects.



108 Chief Engineer, Canal Maintenance. 109 Chief Engineer, Irrigation, Seoni Zone. 110 Chief Engineer, Chambal-Betwa Basin. 111 Chief Engineer, Narmada-Tapti Basin. 112 Chief Engineer, Mahanadi-Godawari Basin. 113 Chief Engineer, Mahanadi, Project. 114 Chief Engineer, Hasdeo-Bango, Project. 115 Chief Engineer, Bansagar, Project. 116 Chief Engineer, Bargi Dam. 117 Chief Engineer, Bargi Canal. 118 Chief Engineer, Upper Narmada Zone. 119 Chief Engineer, Lower Narmada Zone. 120 Chief Engineer, Narmada Sagar. 121 Chief Engineer (Electrical/Mechanical), Irrigation. 122 Environment Commissioner. 123 Administrator, Capital Project Administration 124 Director, Town and Country Planning. 125 Commissioner, Tourism. 126 Engineer-in-Chief, Public Health Engineering Department. 127 Chief Engineer(East), Public Health Engineering Department. 128 Chief Engineer (West), Public Health Engineering Department. 129 Chief Engineer (Decade), Public Health Engineering Department. 130 Director, Veterinary Services. 131 Milk Commissioner. 132 Director, Fisheries. 133 Commissioner, Collegiate Education. 134 Director, Employment and Manpower. 135 Director, Technical Education. 136 Additional Commissioner, Employment and Director of Manpower.137 Director, Aviation. 138 Director , Urban Welfare. 139 Commissioner, Gas Relief and Rehabilitation, Bhopal. 140 Director, Claims for Bhopal Gas Victims. 141 Commissioner, Women and Child Development. 142 Commissioner, Handlooms. 143 Director Sericulture. 144 Director, Small Scale Industries.



145 Commissioner, Wakf.

(11) Hill station means any place which a competent authority may declare to be a hill station.

Note.- Panchmarhi and Chikalda are hill stations.

(12) Holiday means (a) holiday prescribed or notified under section 25 of the Negotiable Instruments Act, 1881; (b) a holiday on which, by Government notification in the gazette, any public office is ordered to be closed for the transaction of Government business without reserve or qualification; the term does not include local holidays, which may be granted at the discretion of heads of offices; provided that there are no arrears of work nor does it include such merely permissive or discretionary holidays as the last Saturday of each month.

(13) Inferior service means any kind of service which may be specially classed as such by order of the local Government and any other kind of service on pay not exceeding Rs. 10.

Note.- (1) A list of the posts which have been specially classed as Inferior is given in Appendix III.

(2) All menials are treated as inferior servants.

(14) Probationer means a Government servant employed on probation in or against a substantive vacancy in the cadre of a department.

(15) Public Conveyance means a train, steamer or other conveyance which plies regularly for the conveyance of passengers.

(16) Superior service means any kind of service which is not inferior.

(17) Transfer means the movement of a Government servant from one headquarter station in which he is employed to another such station either (a) to take up the duties of a new post, or (b) in consequence of a change of his headquarters.


CHAPTER III GENERAL CONDITIONS OF SERVICE 1 of 15

PART II CHAPTER III GENERAL CONDITIONS OF SERVICE

F.R. 10 Health certificate on first appointment.- Except as provided by this rule, no person may be substantively appointed in India to a permanent post in Government service without a medical certificate of health, which must be affixed to his first pay bill. A local Government may make rules prescribing the form in which medical certificates should be prepared, and the particular medical or other officers by whom they should be signed. It may, in individual cases, dispense with the production of a certificate, and may by general order exempt any specified class of Government servants from the operation of this rule.

F.R. 10-A. Except as provided by or under this rule, no person may be appointed to a post in Government service, without

a medical certificate of health.1

[***] Government may, by rules prescribe the form in which medical certificates should be prepared, and the particular medical or other officers by whom they should be signed. Government may, in individual cases, dispense with the production of a certificate and may by general order exempt any specified class of Government servants from the operation of this rule.

The certificate should be produced either before or within a 2

.[month] of the commencement of the employment of the candidate as may be convenient. A temporary or officiating Government servant who has furnished a medical certificate of fitness in the form prescribed in Supplementary Rule 1 (a) below this rule shall not be required to produce a fresh certificate of fitness at the time of confirmation if he is confirmed without a break in his temporary or officiating service. Similarly, a temporary or officiating Government servant who has already been medically examined in one office, if transferred to another office, shall not be required to undergo a fresh medical examination, provided the

1 The words "which must be affixed to his first bill", deleted by F.D. Notification No. 1769-408-

IV-R-I, dated 9.12.66. 2 Substituted for the words "a week" by F.D. Notification No.1662-CR1420-IV-RI Dated 27.7.61

Rule made by the State Government for application to Government servants under their rule -making control.



transfer occurs without a break in his service. The person concerned should obtain a certificate from the head of the office from which he is transferred to the effect that he had already produced the requisite medical certificate of health.

S.R. 1. Form of certificate.- (a) A medical certificate of fitness for Government service shall be in the following form:-

Form of the Medical Certificate

I/We do hereby certify that I/we have examined ...................................... a candidate for employment in the ................................................... Department and cannot discover that he/she has any disease (communicable or otherwise) constitutional weakness or bodily infirmity except ..............................

I/We do not consider this a disqualification for employment in the Department...................................................................

Condition of -

1. Circulatory System- ....................................................

Blood Pressure -

(Systolic)

(Diastolic)

....................................................

............m.m. Hg......................

2. Respiratory System- ....................................................

3. Digestive System- ....................................................

4. Genito Urinary System-

Urine Examination-

Reaction-

Specific gravity-

Albumen-

Sugar-

....................................................

....................................................

....................................................

....................................................

....................................................

....................................................

5. Nervous System- ....................................................



6. Special Senses including

remarks on correction of

visual defects, if any.-

....................................................

His/Her age is, according to his/her own statement............ years and by appearance about ................................ years.

He/She has/had smallpox/has been successfully vaccinated.

Thumb and finger impressions of the left/right hand (to be obtained except in the case of women and literate persons who can sign their names in English)

Thumb ..........Index .......... Middle .......... Ring ......Little ...............

Signature of the candidate in English 3

[or in Hindi]

(to be obtained in the case of those who can sign their names

in English 4

[or in Hindi].

Note.- In the case of transfer of an officer from one office to another, the duties of which are different in character from those of his/her former office a commissioned medical officer or a medical officer in charge of a civil station should be required to report whether the defect, if one exists, will materially interfere with the discharge of the duties of the next office by the officer in question.

............................................ Station.................... (Signature and Designation of Date.......................... (examining Medical Authority)

NOTE.- The thumb and finger impressions of the candidates should except in case of women and literate persons who

can sign their names in English, 5

.[or in Hindi] be taken on 3 Inserted by F.D. Notification No.705/R-69-IV-R-I, dated 17.4.64.

4 Inserted by F.D. Notification No.705/R-69-IV-R-I, dated 17.4.64.

5 Inserted by F.D. Notification No.705/R-69-IV-R-I, dated 17.4.64.



the medical certificates by the examining medical officer and the impressions should be verified by the head of the office with those taken in the service books or service rolls, as the case may be. In the case of gazetted officers and of non-gazetted Government servants who can sign in English the examining medical officer, or the Medical Board, as the case may be, should obtain the signature of the Government servant on the medical certificate in his or its presence. This signature should, in the case of gazetted officers, be verified by the Audit Officer with that on the first pay bill to which the medical certificate is attached while in the case of non-gazetted Government servants the head of the office will make the verification by comparison with the signature of the Government servant in the service book.

(b) The following classes of Government servants are exempted from the production of medical certif icate of health:-

(i) Qualified students of the Thomson College, Roorkee, who are appointed within 18 months from the date of the health certificate granted to them on the completion of their College Course.

(ii) A Government servant in superior service appointed in a temporary vacancy of less than three month's duration.

(iii) A Government servant in inferior service appointed in a temporary vacancy of less than six month's duration.

6

.[NOTE.- (1) A non-gazetted employee of the State Government appointed or deputed to hold a gazetted post will not be subjected to fresh medical examination by a Medical Board, if he has already been examined by the competent medical authority, and declared fit for the previous non-gazetted appointment. If, however, his appointment or deputation to the gazetted post is not in the normal line of promotion and

6 Inserted by F.D. Notification No.1591-1801/IV-R-I, dated 25.10.66.



requires a different medical standard of high order or rules for recruitment to this new appointment require a fresh medical examination, he will have to undergo a fresh medical examination of the prescribed standard conducted by a Medical Board.

(2) A Non-gazetted employee of the Central or other State Government if appointed/deputed to non-gazetted post under the State Government will not be required to undergo a fresh medical examination. If, however, he is appointed or deputed to a gazetted post he will be required to undergo a fresh medical examination by a Medical Board.

(3) A permanent employee of the Central or other State Government holding a gazetted post if appointed/deputed to the State Government in a gazetted post will not be subjected to fresh medical examination of the Medical Board.]

S.R. 2. Authorities who should grant medical certificates.- In the case of candidates for appointment to the Provincial Services or to gazetted posts the medical certificate to be furnished under F.R. 10-A should be that of a medical board, while in other cases a certificate signed by the Civil Surgeon of the district in which the candidate is resident or in which he is to be employed would suffice.

Note.- The services of a candidate declared medically unfit for services should be dispensed with from the date of receipt of the result of the first medical examination without waiting for the decision of any appeal which he may have preferred to the higher authority (Central Medical Board) for a second medical examination under S.R. 5 below.

[Note inserted vide G.A.D. No. 2037-CR-113-II, dated 5-5-1955]

Exception 1.- The Assistant Medical Officer at Sironcha has been authorised to grant health certificates in the case of all officials appointed in that tahsil on pay not exceeding Rs. 50 per mensem.



Exception 2.- Medical Officers in charge of jails are authorised to grant health certificates in the case of candidates selected for employment as subordinate officers of any jail.

Exception 3.- The Civil Assistant Surgeons in charge of the Main Hospitals Narsimhapur, Damoh, Seoni, Mandla, Balaghat and Durg are authorised to grant health certificates to candidates for enlistment in the Police, Forest, Revenue, Excise and Land Records Departments at those places. The Civil Assistant Surgeon at Mandla is authorised to grant health certificate to candidates for appointment in the Revenue, Excise and Land Records Departments in the Mandla district.

The Assistant Surgeons at Jashpurnagar, Baikunthpur and Rajnandgaon in Raigarh, Surguja and Durg districts, respectively, are authorised to grant health certificates to candidates for enlistment in the Police Department at those places.

The Civil Assistant Surgeon at Kanker is authorised to grant health certificates to candidates for appointment in the Forest Department at that place.

Exception 4.- The Civil Assistant Surgeon at Balaghat is authorised to grant health certificates to candidates for appointment in the Revenue, Excise, Land Records, Sales Tax and Food Department in the Balaghat district.

[G.A.D. Memo No. 914-CR-74-II, dated 6-3-1953] [F.D. endt. No. 3333-516-R-VI-I, dated 27-3-53. C.F.No. 13-4-53].

Exception 5.- The Civil Assistant Surgeon at Jagdalpur is authorised to grant health certificates to candidates for appointments to posts in the Revenue, Excise and Land Records Departments, in the absence of the Civil Surgeon, Jagdalpur, from headquarters.

[G.A.D. Memo. No. 1553-3126-II, dated the 26th March, 1954].

S.R. 3. Female candidates shall be required to produce a certificate from a female medical officer or practitioner when this could be obtained without undue inconvenience, otherwise a

Female candidates.



competent authority may dispense with the production of the certificate.

S.R. 4. In the case of a candidate for appointment to 7

[a class IV]post the appointing authority may accept a certificate signed by any medical officer irrespective; of his qualifications.

S.R. 5. (i) Any person who is declared unfit for appointment to Government service by the certifying medical officer, may appeal through the appointing authority to the Central Medical Board against the unfavourable decision of the medical officer on payment of a fee of Rs. 10. The decision of the Board shall be considered as final.

8

[(ii) The appeal to the Central Medical Board under sub-rule (i) must be preferred within 30 days from the date of intimation to the Candidate.]

Note.- The fees realized under this rule shall be credited to Government under head "XXVII-Medical-Miscellaneous".

F.R. 11. Unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him and he may be employed in any manner required by proper authority, without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from general revenues, from a local fund (or from the funds of a body corporate or not, which is wholly or substantially owned or controlled by the Government.)

F.R. 12.

(a) Two or more Government servants cannot be appointed substantively to the same permanent post at the same time.

7 Substituted for the words "on pay below Rs. 25" by F.D. Notification No. 1109-R-167-IV-R-I,

dated 19.6.63. 8 Substituted by F.D. Notification No.765/IV-R-I, dated 27.4.64.

Candidate on pay below Rs. 25.

General conditions of service.

Appointment of two or more Government servants to the same post.



(b) A Government servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.

(c) A Government servant cannot be appointed substantively to a post on which another Government servant holds a lien.

F.R. 12-A.- Unless in any case it be otherwise provided in these rules, a Government servant on substantive appointment to any permanent post acquires a lien on that post and ceases to hold any lien previously acquired on any other post.

F.R. 13. Unless his lien is suspended under rule 14 or transferred under rule 14-B, a Government servant holding substantively a permanent post retains a lien on that post-

(a) While performing the duties of that post;

(b) while on foreign service, or holding a temporary post, or officiating in another post;

(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties on the old post;

9

[(d) Subject to the exception in rule 97, while on leave other than refused leave granted after the date of compulsory retirement under Rule 86;]

(e) while under suspension.

Note.- 10

[Deleted].

A.G.I. This rule does not, however, apply to cases in which it is the recognised practice to pay a Government servant at a higher 9 Substiturted by F.D. Notification No.F.A.I-86-60-R-I-IV, dated 28.3.74.

10 Deleted by F.D. Notification No. 1559/2882/84/R-I-IV dated 27.8.84.

Retention of lien.



rate for more important duties performed during a part only of a day.

L.G.R. A Government servant appointed provisionally substantive to a permanent post should be regarded for all purposes as an officer with a substantive appointment so long as the lien on the post is not resumed by the Government servant on whose place the provisional substantive appointment was made.

F.R. 14. (a) A local Government shall suspend the lien of a Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity-

(1) to a tenure post, or

(2) 11

[Deleted]

(3) Provisionally to a post on which another Government servant would hold a lien had his lien not been

suspended under 12

[the] rule.

(b) A local Government may, at its option, suspend the lien of a Government servant on a permanent post which he holds substantively if he is deputed out of India or transferred to foreign service, or, in circumstances not covered by clause (a) of this rule,

is transferred, 13

[in an officiating capacity], to a post in another cadre, and if in any of these cases there is reason to believe that he will remain absent from the post on which he holds a lien for a period of not less than three years.

(c) Notwithstanding anything contained in clause (a) or (b) of this rule, a Government servant's lien on the tenure post may in no circumstances be suspended. If he is appointed substantively to another permanent post, his lien on the tenure post must be terminated.

11

Deleted by F.D. Notification No. 1083-CR-1018/IV-R-I -71, dated 14.9.71. 12

Substituted by F.D. Notification No. 1083-CR-1018/IV-R-I -71, dated 14.9.71 13

Substituted by F.D. Notification No. 1083-CR-1018/IV-R-I -71, dated 14.9.71

Government s ervants appointed provisionally substantive.

Suspension of lien.



(d) If a Government servant's lien on a post is suspended under clause (a) or (b) of this rule, the post may be filled substantively, and the Government servant appointed to hold it substantively shall acquire a lien on it; provided that the arrangements shall be reversed as soon as the suspended lien revives.

Notes.- (1) 14

[This clause shall also apply to a post of a selection grade of a cadre].

(2) When a post is filled substantively under this clause, the appointment will be termed a provisional appointment; the Government servant appointed will hold a provisional lien on the post; and that lien will be liable to suspension under clause (a) but not under clause (b) of this rule.

(e) Except as provided in sub-rule 97, Government servant's lien which has been suspended under clause (a) of this rule shall revive as soon as he ceases to hold a lien on a post of the nature

specified in 15

[sub-clause (1), or (3)] of that clause.

(f) A Government servant's lien which has been suspended under clause (b) of this rule shall revive as soon as he ceases to be on deputation out of India or on foreign service or to hold a post in another cadre, provided that a suspended lien shall not revive because the Government servant takes leave if there is reason to believe that he will, on return from leave, continue to be on deputation out of India or on foreign service or to hold a post in another cadre and the total period of absence on duty will not fall short of three years or that he will hold substantively a post of the

nature specified in 16

[sub-clause (1) or (3) of clause (a)].

F.R. 14-A.- (a) Except as provided in 17

[clause (c) and (d) of this rule and rule 97, a Government servant's lien on a post may

14

Substituted by F.D. Notification No. 407-R-53-IV-R-I, dated 5.3.63. 15



Substituted by F.D. Notification No. 407-R-53-IV-R-I, dated 5.3.63.



in no circumstances be terminated, even with his consent, if the result will be to leave him without a lien or suspended lien upon a permanent post.

(b) 18

[Deleted]

19

[(c) Notwithstanding the provisions of rule 14 (a), the lien of a Government servant holding substantively a permanent post shall be terminated while on refused leave granted after the date of compulsory retirement under rule 86 or on his appointment substantively to any of the offices referred to in sub-rule (1) of rule 97 or to the post of Chief Engineer of the Public Works Department or on his appointment as the Chairman or any other member of the Union Public Service Commission or as the Chairman or any other Member of a State Public Service Commission].

20

[(d) A Government servant's lien on a post shall stand terminated on his acquiring a lien in a permanent post (whether under a State Government or the Central Government) outside the cadre on which he is borne.]

F.R. 14-B.- Subject to the provisions of rule 15, a local Government may transfer to another permanent post in the same cadre the lien of a Government servant who is not performing the duties of the post to which the lien relates, even if the lien has been suspended.

F.R. 15. (a) A local Government may transfer a Government servant from one post to another; provided that except-

(1) on account of inefficiency or misbehaviour, or

(2) on his written request,

18

Deleted by F.D. Notification No. 1083-CR-1018-IV-R-I-71, dated 14.9.71. 19

Substituted by F.D. Notification No. 1083-CR-1018-IV-R-I-71, dated 14.9.71. 20

Substituted by F.D. Notification No. 1083-CR-1018-IV-R-I-71, dated 14.9.71.

Transfer to a post carrying less pay.



a Government servant shall not be transferred substantively to, or, except in a case covered by rule 49, appointed to officiate in a post carrying less pay than the pay of the permanent post on which he holds a lien, or would hold a lien had his lien not been suspended under rule 14.

(b) Nothing contained in clause (a) of this rule or in clause (13) of rule 9 shall operate to prevent the transfer of a Government servant to the post on which he would hold a lien, had it not been suspended in accordance with the provisions of clause (a) of rule 14.

L.G.R.1. A question arose whether an order which cancelled the appointment of an officer to a post with retrospective effect when his emoluments were not affected thereby was permissible. It was held that as the rule protects an officer from reduction in emoluments except in case of inefficiency or misbehaviour, the order under reference would not contravene the intention of Fundamental Rule 15.

L.G.R. 2. A question having arisen whether the reversal of permanent arrangements in consequence of any orders passed by the appellate or revisional authority, as the case may be, is barred by Fundamental Rule 15, it has been held with the concurrence of the Auditor-General that if an officer having been dismissed or removed from service, or reduced in rank, or superseded by another officer, has a right of appeal against the penalty imposed on him and his appeal is allowed, and equally if there is an authority competent to interfere, in revision, with the orders passed by lower authorities imposing that penalty and that authority sets aside the orders imposing that penalty the reversal of any permanent arrangement made in the meantime may be considered to be the automatic consequence of the orders passed by the appellate or revisional authority, as the case may be, and that the provisions of Fundamental Rule 15, according to which a Government servant shall not be transferred, substantively to a post carrying less pay, except under the circumstances mentioned in that rule, are not attracted in such a case.

Retrospective cancellation of an order not affecting emoluments not ultra vires of F.R. 15.



[Aptts. Deptt. endt. No. 2551-1567-I, dated 3-7-1947]

F.R. 16. A Government servant may be required to subscribe to a provident fund, a family pension fund or other similar fund in accordance with such rules as the Secretary of State in Council may by order prescribe.

21

F.R. 17. (1) Subject to any exceptions specifically made in these rules an officer shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge those duties:

Provided that an officer who is absent from duty unauthorisedly shall not be entitled to any pay and allowances during the period of such absence.

S.S.O.22

[Deleted]

S.S.O.1 23

[Deleted]

S.S.O.2 24

[Deleted]

G.I.O. 25

[Deleted]

L.G.O. 26

[Deleted]

A.G.I. 1. 27

[ A Government servant will begin to draw the pay and allowance attached to his tenure of a post with effect from the date on which he assumes the duties of that post if the charge is transferred before noon of that date. If the charge is transferred afternoon, he commences to draw them from the following day.]

21

Substituted by F.D. Notification No. D-300/2051/87/R-I/IV, dated 20.6.88. 22

Deletedby F.D. Notification No. D-300/2051/87/R-I/IV, dated 20.6.88. 23

Deleted by F.D. Notification No. D-300/2051/87/R-I/IV, dated 20.6.88. 24




Substituted by F.D. Notification No. 714-R-516-IV-R-I-71, dated 2..6.72, effective from 2.6.72.

Provident and other funds.

Date from which pay and allowances take effect.

Transfer of charge.



A.G.I. 2. 28

[Deleted].

29

Rule 17-A.- Without prejudice to the provision of rule 27 of the M.P. Civil Services (Pension) Rule, 1976, a period of an unauthorised absence -

(i) in the case of employees working in industrial establishment, during a strike which has been declared illegal under the provisions of the Industrial Disputes Act, 1947 (No. 14 of 1947) or the M.P. Industrial Relations Act, 1960 (No. 27 of 1960) or any other law for the time being in force;

(ii) in the case of other employees as a result of acting in combination or in concerned manner, such as during a strick, without any authority from, or valid reason to the satisfaction of the competent authority; and

(iii) in the case of an individual employee, remaining absent unauthorisedly or deserting the post,

shall be deemed to cause an interruption or break in the service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession, quasi-permanancy and eligibility for appearing in departmental examinations, for which a minimum period of continuous service is required.

Explanation 1.- For the purpose of this rule "strike" includes-

(i) resort to a total or partial cessation of work by refusal or otherwise; or

(ii) refuse to work beyond normal working hours where such work is necessary for the maintenance of the essential service; or

28


Inserted by F.D. Notification No. D-300/2051/87/R-I/IV, dated 20.6.88.



(iii) cause deterioration, damage or destruction to any installation, machinery, plant, vehicle, building, office record or any other property or attempt or abet the doing of such act; or

(iv) absent himself from duty without prior sanction of leave; or

(v) resort to any activity such as pendown, telephone-down, tool-down, chakka-jam, go-slow or any other activity by whatever name called, resulting in cessation or retardation of work; or

(vi) take re-course to acts of commission or ommission resulting in disruption of normal working; or

(vii) prevent or obstruct any person from attending or discharge his duties.

Explanation 2.- In these rules, the terms "competent authority" means the Head of the Department to include-

(a) Officers who have been declared by the Government to be Heads of Departments,

(b) any other authority to which the Government may delegate the powers of a Head of Department.

30

F.R. 18. Unless the Governor in view of the exceptional circumstances of the case otherwise determine, no Government servant shall be granted leave of any kind for a continuous period exceeding five years.

30

Substituted by F.D. Notification No. 714-R-516-IV-R-I-71, dated 2..6.72, effective from 9.6.72

Effect of continuous absence.


CHAPTER V ADDITIONS TO PAY 1 of 44

CHAPTER V ADDITIONS TO PAY

F.R.44. Subject to any restrictions which the Secretary of State in Council may by order impose upon the powers of the Governor-General in Council or the Governor in Council, as the case may be, and to the general rule that the amount of a compensatory allowance should be so regulated that the allowance is not on the whole a source of profit to the recipient, a local Government may grant such allowances to any Government servant under its control and may make rules prescribing their amounts and the conditions under which they may be drawn.

S.S.O.1. (1) The Secretary of State in Council has decided that where an officer who has made arrangements to spend less then six months on leave in the United Kingdom during the fiscal year becomes liable to British Income-Tax though being detained on duty beyond that period, he may be granted a compensatory allowance equal to the Income-Tax on leave pay, up to maximum of six months, which he would have escaped but for such detention on duty.

(2) The decision, however, has not been embodied in the India Office rules regulating travelling, etc., allowances.

[G.I.,F.D.No.F-17(1)-CSR-25, dated 29-7-1925]

S.S.O. 2. The Secretary of State for India in Council has decided that the equipment allowance of a gentleman who is habitually resident in India at the time of receiving notice of his intended appointment as Member of the Council of India shall for the further be fixed 250. The allowances of Pounds 100 each way granted for the voyage to England on appointment and the return voyage to India on termination of officer, remains unaltered.

[G.I.,F.D.No.F-17(1)C.S.R., dated 28-7-1924]

S.S.O.3. The following decisions have been reached by the Secretary of State and his Advisers:-

Authority competent to grant compensatory allowance.

Payment of Compensatory Allowance equal to British Income Tax.

Equipment allowance of a Member of the Council of India.



(1) Compensatory allowances are to be regarded as included in remuneration for the purposes of the proviso to section 247 (1) and section 250 (3) of the Government of India Act, 1935.

(2) These allowances can be withdrawn or reduced on satisfactory proof that the circumstances on which the grant was based have in fact altered to an extent justifying withdrawal or reduction.

(3) Rules regulating these allowances should continue [unless and until the Secretary of State decides to exercise his rule making powers in respect of such allowances under section 247 (1) (b) of the Act] to be made by the Government in India.

(4) As regards Secretary of State's officers, the authorities competent both to decide the question of fact in (2) and to authorise withdrawal or reduction of allowances (other than travelling allowances) are-

(a) In the case of officers to whom sub-section (3) of Section 258 of the Government of India Act, 1935, applies, the Secretary of State.

(b) In the case of other officers, the Governor exercising his individual judgement as regards officers serving in connection with the officers of a province.

[G.I.,F.D.Endt. No. F-19 (27) -Ex-1/39, dated 29-8-39]

A.G.I.1. Where the condition mentioned in clause (2) of S.S.O. 3 above, is fulfilled it is permissible-

(i) for the competent authority as defined in clause (4) ibid to deliberalize the rules or orders having the force of rules, regulating compensatory allowances other than travelling allowances; and



(ii) for the competent authority as defined in the' Travelling Allowances (Secretary of State's Officers) Rules, 1939', to deliberalize the rules or orders having the force of rules, regulating travelling allowances in their application to all Secretary of State's Officers and such a modification under such condition does not amount to giving less favourable terms as respects remuneration within the meaning of the proviso to Section 247 (1) and sub-section (3) of Section 250 of the Government of India Act, 1935.

The decision is based on the consideration that the amount of a compensatory allowance has always been subject to the condition that the allowance should not be a source of profit to the recipient (vide Fundamental Rule 4) and if the amount of the allowance is reduced to make it conform to this condition, recipient cannot be said to be adversely affected or to suffer any deliberalization in the terms of their remuneration.

[Auditior General's U.O. Note No.68-A/256-12, dated 2-12-1943 copy received with G.I.,F.D. Endt. No. F-5 (107)-R-1/43, dated 12-12-1943]

G.I.O.- It is within the competence of the local Government to sanction, under Fundamental Rule 44, compensatory allowance the cost of which is debited to provincial revenues for military officers on the personal staff of Governors.

[G.I., H.D. letter No. F.269-32-Ests.]

A.G.I. Hill allowances fall under "Compensatory Allowances" local Government have powers to sanction them under Fundamental Rule 44.

S.R.1.- A compensatory allowance attached to a post will be drawn in full by a Government servant performing the duties of that post, and if such a Government servant is transferred to a post to which a compensatory allowance of a like nature is attached, he may draw the allowance during joining time, provided that if the rates of allowances differ, he may draw the lower rate only.

Hill allowance a compensatory Allowance.



S.R.2.- Compensatory allowances, other than house-rent allowances, may not be drawn by Government servants on leave except in special cases and with the sanction of Government. 1

[Compensatory allowance granted while on duty to Public Health and Medical personnel including those serving in Labour Department shall be admissible to them during leave subject to the following conditions:-

(i) the leave is not one preparatory to retirement;

(ii) the allowance shall be admissible only during the first four months of each period of "leave on average pay" or during the period of 'earned leave' according as the Government servant concerned, is subject to the leave rules in Fundamental Rules or the Revised Leave Rules, 1934;

(iii) the head of office certifies in writing that the loss of private practice continues during leave; and

(iv) the allowance during leave shall be based on leave salary and not pay.]

S.R.2-A.- A House-rent allowance may be drawn by a Government servant during the first four months of each period of leave on average pay or full pay or for six months in the case of leave admissible under the special concession referred to in Note 1 to Fundamental Rule 89, provided that (a) the leave is not preliminary to retirement; (b) the leave is taken from a post on which such an allowance is attached; and (c) the Government servant certifies that his previous rate of expenditure for a house continues during leave and that he places his house, free of rent, at the disposal of the Government servant, if any, who officiates in his post. The officiating Government servant cannot in such case draw the house rent allowance attached to the post. If, however, the officiating Government servant, for a reason which a competent authority considers to be sufficient, refuses the accommodation

1Subsituted by F.D. Notification No. 389-IV-R-II-66, dated 26.2.66.



placed at his disposal he, and not the absent Government servant will draw the allowance.

S.R. 2-B.- [Deleted]

S.R. 2-C.- The drawal of a house-rent allowance is contingent on the Government servant's incurring the full amount of expenditure to meet which the allowance is granted. A claim on account of house-rent allowance should, therefore, be supported by a certificate in the following form to be furnished by the officer himself (if he is a gazetted officer) or by the drawing officer in the case of non-gazetted establishments, with each bill containing a charge for house-rent allowance:-

"Certified that Government quarters have not been provided and that the actual expenditure incurred for the hire of the house is not less than the allowance claimed."

2

[In case of a Government servant on study Leave, the Drawing Officer should furnish a certificate:-

" Certified that the Government servant on Study Leave for whom House Rent Allowance is drawn in the leave salary bill is likely to be reposted to his former post and that his family continues to reside at the station where the Government servant was residing prior to his proceeding on study leave."]

A.G.I. The maximum period during which a Government servant can be allowed to draw compensatory allowances while on leave is four months (or six months in the case of leave admissible under the special concession referred to in note 1 to Fundamental Rule 89). The length of the total period of leave is irrelavent, but compensatory allowance cannot be drawn during any period of leave which is not leave on average pay.

2Inserted by F.D. Notification No. 2266-639-IV-R-I, dated 16.7.63.

Compensatory allowance to be drawn only during leave on average pay for four months.



F.R. 45. A local Government may make rules laying down the principles governing the allotment to officers serving under its administrative control, for use by them as residences, of such buildings owned or leased by it, or such portions thereof, as the local Government may make available for the purpose. Such rules may lay down different principles, for observance in different localities or in respect of different classes of residences, and may prescribe the circumstances in which such an officer shall be considered to be in occupation of a residence.

N.B.- For rules made by the local Government see Appendix XVI.

F.R.45-A. 1. This rule applies, with effect from the 1st April 1924, to members of the services and to Government servants holding the posts included in the Schedule to this rule and to Government servants who hold in a substantive capacity posts borne on the cadre of the services included therein.

II. For the purpose of the assessment of license fee, the capital cost of a residence owned by Government shall include the cost or value of sanitary, water supply and electric installations and fittings, but exclude the cost or value of site (including expenditure on its preparation) and shall be either-

(a) the cost of acquiring or constructing the residence and any capital expenditure incurred after acquisition or construction; or, when this is not known,

(b) the present value of the residence.

Note.- The cost of restoration or special repairs shall not be added to capital cost of present value, unless such restoration or repairs add to accommodation or involve replacement of the existing type of work by work of a more expensive character:

Provided that- 3Substituted by F.D. Notification No. 284-R-331-IV-R-I, dated 21.3.70.

Provision of Government residences.

Assessment and recovery of 3

[License fee].



(i) a local Government may make rules providing the maner in which the present value of residences shall be determined;

(ii) a local Government may make rules determining what expenditure is to be regarded, for the purpose of sub-clause (a) above, as expenditure upon the preparation of a site;

(iii) a local Government may, for reasons which should be recorded, authorise a revaluation of all residences of a specified class or classes within a specified area to be conducted under the rules referred to in proviso (i) above, and may revise the capital cost of any or all such residences on the basis of such revaluation;

(iv) the capital cost, however calculated, shall not take into consideration (1) any charges on account of establishment and tools and plant other than such as were actually charged direct to the work in cases in which the residence was constructed by Government, or (2) in other cases, the estimated amount of such charges;

(v) a local Government may, for reasons which should be recorded, write off a specified portion of the capital cost of a residence-

(1) when a portion of the residence msut be set aside, by the officer to whom the residence is allotted for the reception of official and non-official visitors visiting him on business, or

(2) when it is satisfied that the capital cost, as determined under the above rules, would be greatly in excess of the proper value of the accommodation provided;

(iv) in assessing the cost or value of the sanitary, water-supply and electric installations and fittings, a local Government may by rules determine what are to be regarded as fittings for this purpose.



A.G.I. :- A question having arisen wheter, under provisos (i) and (iii) to Fundamental Rules 45 A-II, a local Government is competent to determine the present value of a residence, the capital cost of which is already known, the Government of India have issued the following interpretation:-

The substantive part of the rule provides that for the purpose of the assessment of licence fee the capital cost of a residence shall be either-

(a) the cost of acquiring or constructing the residence and any capital expenditure incurred after acquisition or construction; or, when this is not known,

(b) the present value of the residence.

Clause (i) in the proviso obviously does not more than supplement (b) in the substantive part by settling the manner in which the present value is to be determined in cases in which the factors specified in (a) are not known. Clause (iii) which unlike clause (i) is a true proviso, alters the operation of the substantive part of the rule by empowering the local Government to substitute for the capital cost determined in accordance with (a) in the substantive part, in a case when the factors specified in (a) are known, a new capital cost represented by the present value calculated in accordance with the rules made under proviso (i) for the primary purpose of determining the present value in cases to which (b) in the substantive part is applicable.

(c) In both cases standard licence fee shall be expressed as standard for a calender month and shall be equal to one twelfth of the annual licence Fee as calculated above, subject to the proviso that, in special localities or in respect of special classes of residence, a local Government may fix a standard licence fee to cover a period greater than one month but not greater than one year. Where a local Government takes action under this proviso standard licence fee so fixed shall not be a larger proportion of the annual licence fee than



the proportion which the period of occupations as prescribed under clause I above bears to one year.

Notes.- (1) For the purpose of sub-clauses (a) and (b) above, the addition for both ordinary and special maintenance and repairs, shall not include anything for the establishment and tools and plant charges, except to the extent allowed under proviso (iv) to clause II.

(2) A local Government may by rules permit minor additions and alterations, the cost of which does not exceed a prescribed percentage of the capital cost of the residence, to be made during such period as the rule may determine, without the licence fee of the residence being increased.

III. The standard licence fee of a residence shall be calculated as follows:-

4

[(a) (i) in the case of leased residence, the standard licence fee shall be the sum paid to the lessor;

(ii) in the case of a requisitioned residence the standard licence fee shall be the compensation payable to the owner of the building;

plus in both cases as addition determined under rules which a local Government may make, for meeting, during the period of lease or requisition, as the case may be, such charges for both ordinary and special maintenance and repairs and for capital expenditure on additions or alterations as may be a charge on Government and for the interest on such capital expenditure, as also for muncipal and other taxes in the nature of house or property tax payable by Government in respect of such residence.]

(b) In the case of residences owned by Government, the standard licence fee shall be calculated on the capital cost of the residence, and shall be either-

4Substituted by F.D. Notification No. 1369-CR-1600-IV-R-I, dated 16.9.66.



(i) a percentage of such capital cost equal to such rate of interest as may from time to time be fixed by the Secretary of State in Council plus an addition for municipal and other taxes in the nature of house or property tax payable by Government in respect of the residence and for both ordinary and special maintenance and repairs, such addition being determined under rules which a local Government may make, or

(ii) 6 per cent per annum of such capital cost, whichever is less.

G.I.O. The term "property tax" as used in the rule should be interpreted in the general sense and not in the technical sense assigned to it in any particular Act or Code; and it should therefore not be considered to include taxes levied for specific services rendered for the benefit of the occupier. Such taxes should in all cases be excluded from the Standard Licence Fee and recovered from the occupier, irrespective of whether they were by local rule or custom, payable in the first instance by landlord or by the occupier.

These orders apply also in cases where Government servants are provided with Government accommodation, free of Licence fee. [Government of India, Finance Department letter No. F. 25 (27) Ex-II-42, dated the 26th June 1942]

A.G.I. The rates of interest given in the following table should be applied in calculating the Standard licence Fee of residences, under clause III (b) of Fundamental Rules 45-A and 45-B-

Date of accquisition or construction of the residence

Rate of interest

Building occupied on or before the 19th June 1922

Building occupied after the 19th June 1922

Rate of interest.



Befor 1st April 1919 .. 3 1/2 per cent

4 per cent

1st April 1919 to 31st July 1921 .. - do - 5 per cent 1st April to 31 December 1921 .. - do - 6 per cent Frin 1st January 1922 until further orders

6 per cent - do -

Note.- The date of construction referred to in column (1) of this table should be taken as the date on which the accounts of the estimate for the construction of the residence are closed. In respect of expenditure on additions and alteration to residences the interest should be calculated at the rate applicable on the date on which the accounts of the estimates for the addition or alteration are closed.

IV. When Government supplies an officer with a residence 5

[leased or requisitioned] or owned by Government, the following conditions shall be observed-

(a) The scale of accommodation supplied shall not, except at the officer's own request, exceed that which is appropriate to the status of the occupant.

(b) Unless in any case it be otherwise expressly provided in these rules, he shall pay (i) licence fee for the residence, such licence Fee being the standard licence fee as defined in clause III above or 10 per cent; of his monthly emoluments, whichever is less; and (ii) municipal and other taxes payable by Government in respect of the residence not being in the nature of house or property tax.

A.G.I. A Government servant who, at his own request, is supplied with a residence owned or leased by the Central Government, of a class higher than that for which he is eligible, when a house of his class is available for him, should be charged the full Standard Licence Fee fixed for the residence and should not be given the benefit of 10 per cent concession afforded by clause IV (b) of Fundamental Rules 45-A and 45-B.

5Substituted by F.D. Notification No. 929-CR-820-IV-R-I, dated 2.5.62.

When residence of a higher class owned by Central Government is supplied.



(c) Notwithstanding anything contained in sub-clause (b) above, a local Government may-

(i) at any time after the standard licence fees have been calculated under the provisions of clause III above, group a number of residences, whether in a particular area or of a particular class or classes for the purpose of assessment of licence Fee subject to the following conditions being fulfilled:-

(1) that the basis of assessment is uniform; and

(2) that the amount taken from any officer shall not exceed 10 per cent of his monthly emoluments;

(ii) by general or special order, provide for taking a licence fee in excess of that prescribed in sub-clause (b) above from an officer-

(1) who is not required or permitted to reside on duty at the station at which the residence is supplied to him, or

(2) who, at his own request, is supplied with accommodation which exceeds that which is appropriate to the status of the post, held by him, or

(3) who is in receipt of a compensatory allowance granted on account of dearness of living, or

(4) who is permitted to sublet the residence supplied to him; or

(5) who sublets without permission the residence supplied to him; or

(6) who does not vacate the residence after the cancellation of allotment.

6

[(d) (i) where the standard licence fee of a residence cannot be determined for reasons to be recorded in writing at the

6Inserted by F.D. Notification No. 1930-CR-2381-IV-R-I, dated 26.10.63.



time of its allotment, the Government servant shall pay such licence fee as may be fixed by the Government on the basis of the actual expenditure on the construction or the cost of acquisition of the building, the cost of fittings therein and the known and anticipated liabilities relating thereto plus 10 per cent of the amount so arrived at or 10 per cent of his monthly emoluments whichever is less.

(ii) the licence fee so fixed shall remain effective till the standard licence fee for that building is determined on completion of the building and will not be increased in any case during the interim period.]

A.G.I. 1. Under clause IV (c) (ii) of Fundamental Rules 45 -A and 45-B, a local Government may, recover licence fee in excess of 10 per cent of a Government servant's emoluments, but not in excess of the standard licence fee as defined in clause III of the rule.

A.G.I. 2.- A.G.I.1. above embodies an interpretation of Fundamental Rules 45-A given by the Governor-General in Council under Fundamental Rule 8 and is intended to apply in the case of all Secretary of State's officers in all the circumstances mentioned in clause IV (c) (ii) of Fundamental Rules 45-A, irrespective of whether they are on leave or, being on duty at one station, are allowed to occupy a Government residence at another station.

[Audtr. Genl's letter No. 503-A-270-41, dated 16-12-41]

V. In special circumstances, for reasons which should be recorded, a local Government-

(a) may, by general or special order, grant licence fee free accommodation to any Officer or class of Officers, or

(b) may by special order, waive or reduce the amount of licence fee to be recovered from any officer, or

(c) may, by general or special order, waive or reduce the amount of municipal and other taxes not being in the nature

Recovery of licence fee in excess of 10 per cent of emoluments.



of house or property tax, to be recovered from any officer or class of officer.

S.S.O. Government servants granted licence fee concessions under old F.R. 45 (e).- Government servants to whom Fundamental Rule 45-A applies and who have been granted licence free quarters under old Fundamental Rule 45 (e) but without exemption under clause (f) of that rule from additional licence fee on account of sanitary, water supply and electric installations in respect of quarters occupied after the 1st April 1924, on the ground that the standard licence fee of a residence under Fundamental Rule 45-A includes also licence fee on account of such installations.

[G.I.F.D., letter No. F-3-VII-R-I-28, dated the 7th June 1928]

A.G.I. In exercise of the powers granted to him by the Fundamental Rule 8, the Governor-General in Council has ruled that it is permissible to deal under clasue V(b) of Fundamental Rule 45-A or 45-B, not only with individuals but also with classes of Government servants.

VI. If a residence is supplied with services, other than water supply, sanitary or electric installations and fittings, such as furniture, tennis court, or garden mainitained at the cost of Government, licence fee shall be charged for these in addition to the licence fee payable under clause IV. The tenant will also be required to pay the cost of the water, electric energy, etc., consumed. A Local Government may make rules prescribing how the addtional licence fee and charges shall be determined and such rules may also authorize the remission or reduction of the additional licence fee or charge in special circumstances for reasons which should be recorded.

G.I.O.- The Government of India have decided that a (1) frig'daire and (2) portable electric heater or water-heater should be classified as furniture.

[(1) Controller of Civil account's letter No. 1368-Admn. 185-30, dated the 1st September 1930 received with Accountant Genral,



Central Provinces letter No. T.I.1589, dated 24th September 1930]

[(2) Auditor-General's letters NO. T-458-Admn. II-96-36, dated 29th June 1936 received with Accountant-General, Central Provinces memorandum No. W.915-151, dated the 4th August 1936.]

L.G.O.- Both Frig'daire and electric water-heater should be treated as special service for the purpose of the above rule.

A.G.I.- The question has been raised whether the value of the site should be excluded in calculating the additional licence fee payable under Fundamental Rule 45-A for the special services referred to therein. Clause II of Fundamental Rule 45- A definitely excludes the cost of site from the calculation of ordinary licence fee with object inter alia that there should be no inequality in licence fee merely on account of site values. Inequalities of the same kind and due to the same cause would, however arise if the licence fee charged for services included the cost of site. Ordinarily, houses of the class affected by the rule in question already have a compound large enough to accommodate the special service. If the house had no special service provided no licence fee would be payable for the site and it would not be reasonable to commence to charge licence fee for site, because of the provision of a special service in cases where the site remains the same. The Governor-General in Council has therefore decided that the value of the site should be excluded in calculating the llicence fee or special service under Rundamental Rule 45-AVI.

VII.- A local Government may by rule prescribe that this rule shall apply with effect from any date not earlier than the 1st April, 1924 to any Government servant or class of Government servants other than those mentioned in the rule.

VIII.- Nothing contained in this rule shall so operates as to require payment of licence fee for the occupation of residences supplied by Government, by those servants of the Crown in India who have been exempted from such payment by order of the



Secretary of State in Council, or to affect the amount of licence fee or charges payable by those servants of the Crown in India, in whose case the amount so payable is prescribed by the Secretary of State in Council.

SCHEDULE TO RULE 45-A

A- Service Indian Civil Service Indian Police. Indian Agricultural Service. Indian Educational Service. Indian Forest Service. Indian Forest Engineering Service. Indian Medical Service (Civil). Indian Service of Engineers. Indian Veterinary Service. Indian Audit and Accounts Service. Superior Service Officer of the Military Accounts (Department of Mints and Assay Department). Imperial Customs Service. Superior Telegraph Engineering and Wireless Branches of Indian Posts and Telegraphs Department. Geological Survey of India (Director, Superintendent, Assistant Superindents and Chemists). Indian Meteorological service (Director-General of Observatories and Meteorologists.) Department of Mines in India. Archaeological Department . Zoological Survey of India. Survey of India, Class 1. Indian Ecclesiastical Establishment. Political Department of the Government of India. Medical Research Department (Excluding Indian Medical Service Officers). Opium Department excluding officers who joined the Department after the 2nd April 1907. Bengal Pilot Service.



B - POSTS

1. Indian Posts and Telegraph Department - (i) In the postal department - Deputy Director General. Postmasters General. Deputy Postmaster General. Assistant Directors General. Presidency Postmasters (including Postmaster, Rangoon). (ii) In the Telegraph Traffic Branch- Deputy Director General. Assistant Director General. First Division of Superior Traffic Branch.

2. Commissioners and Assistant Commissioners of Income-Tax.

3. Commissioner, Deputy Commissioner and General Managers of the Northern Indian Salt Revenue Department.

4. Officer of the Government Department if on the Supernumerary List.

G.I.O. 1.- [Deleted]

G.I.O. 1.- The Government of India have decided that the following procedure should be observed in regulating the recovery of licence fee from officers of the Provincial Government for whom residential accommodation is provided by the railway administration as also for the recovery of licence fee from railway officer occupying residential accommodation belonging to the Provincial Government :-

(1) Railway quarters specifically constructed for the Police Department - The provisions of Railway Department (Railway Board) Circular No.932 W, the 10th October 1936, will apply in these cases.



(2) State Railway quarters occupied by civil servants of Madhya Pradesh Governemnt by mutual arrangements - The licence fee will be limited to 6 percent on the capital cost excluding cost of land, subject to 10 percent of pay.

(3) Quarters belonging to Madhya Pradesh Government occupied by railway employees by mutual arrangement - In these cases civil servant will apply, i.e. the licence fee will be limited to 6 percent on the capital cost excluding cost of land, subject to 10 percent of pay.

[Government of India, Railway Department (Railway Board) end or- sement No. 5464-F, dated the 6th June 1936]

N.B.- For supplementary Rules made by the Local Government see Appendix XVI.

F.R. 45-B. 1. This rule applies to Government servants other than those to whom rule 45-A applies or is made applicable under the provisions of clause VII of that rule, or than those occupying residences belonging to a State Railway, or rented at the cost of railway revenues.

II. For the purposes of sub-clause (b) of clause III, the capital cost of a residence owned by Government shall not include the cost or value of such special services and installations (including furniture, tennis courts and sanitary, water-supply or electric installations and fittings) as it may contain and shall be either-

(a) the cost of acquiring or constructing the residence, including the cost of the site and its preparation and any capital expenditure incurred after acquisition or construction; or, when this is not known,

(b) the present value of the residence including the value of site.

Note.- The cost of restoration or special repairs shall be added to capital cost or present value, unless such restoration or repairs add

Assessment and recovery of Licence Fee.



to accommodation or involve replacement of the existing type of work by work of a more expensive character-

Provided that-

(i) a local Government may make rules providing the manner in which the present value of residences including sites, shall be determined;

(ii) a local Government may make rules determining what expenditure is to be regarded for the purpose of sub-clause (a) above as expenditure upon the preparation of a site;

(iii) a local Government may, for reasons which should be recorded authorize a revaluation of all residence of a specified class or classes within a specified area to be conducted under the rules referred to in proviso (i) above, and may revise the capital cost of any or all such residences on the basis of such revaluation;

(iv) the capital cost, howsoever calculated, shall not take into consideration (1) any charges on account of establishment and tools and plant other than such as were actually charged direct to the work in cases in which the residence was constructed by Government, or (2) in other cases, the estimated amount of such charges;

(v) a local Government may, for reasons which should be recorded, write off a specified portion of the capital cost of residence-

(1) when a portion of the residence must be set aside, by the Government servant to whom the residence is allotted, for the reception of official and non-official visitors visiting him on business; or

(2) when it is satisfied that the capital cost, as determined under the above rules, would be greatly in excess of the proper value of the accommodation provided;



(vi) in assessing the cost or value of the sanitary, water-supply and electric installations and fittings, a local Government may, by rules, determine what are to be regarded as fittings for this purpose.

III. The standard licence fee of a residence shall be calcualted as follows:-

7

[(a)(i) in the case of a leased residence, the standard licence fee shall be the sum paid to the lessor;

(ii) in the case of requisitioned residence the standard licence fee shall be the compensation payable to the owner of the building;

plus in both cases an addition determined under rules which a local Government may make, for meeting, during the period of lease or requisition, as the case may be, such charges for both ordinary and special maintenance and repairs and for capital expenditure on additions or alterations as may be charge on Government and for the interest on such capital expenditure, as also for municipal and other taxes in the nature of house or property tax payable by Government in respect of such residence.]

(b) In the case of residences owned by Government, the standard licence fee shall be calculated on the capital cost of the residence, and shall be a percentage of such capital cost equal to such rate of interest as may from time to time be fixed by the Secretary of State in Council, plus an addition for municipal and other taxes in the nature of house or property tax payable by Government in respect of the residence and for both ordinary and special maintenance and repairs, such addition being determined under rules which a local Government may make.

7Substituted by F.D. Notification No.1369-CR-1600-IV-R-I, dated 16.4.66.



(c) In both cases standard licence fee shall expressed as standard for a calendar month and shall be qual to one-twelfth of the annual licence fee as calculated above, subject to the proviso that, in special localities or in respect of special classes of residence, a local Government may fix a standard licence fee to cover a period greater than one month but not greater than one year. Where a local Government takes action under this proviso standard licence fee so fixed shall not be a larger proportion of the annual licence fee than the proportion which the period of occupation as prescribed under clause I above bears to one year.

Notes.- (1) For the purpose of sub-clause (a) and (b) above, the additions for both ordinary and special maintenance and repairs shall not include anything for the establishment and tools and plant charges, except to the extent allowed under proviso (iv) to clause II.

(2) A local Government may by rules permit minor additions and alterations, the cost of which does not exceed a prescribed percentage of the capital cost of the residence, to be made during such period as the rule may determine, without the licence fee of the residence being increased.

G.I.O. The term "property tax" as used in rule should be interpreted in the general sense and not in the technical sense assigned to it in any paricular Act or Code; and it should therefore not be considered to include taxes levied for specific services rendered for the benefit of the occupier. Such taxes should in all cases be excluded from the standard licence fee and recovered from the occupier, irrespective of whether they were by local rule or custom, payable in the first instance by the landlord or by the occupier.

These orders apply also in cases where Government servants are provided with Government accommodation, free of licence fee.



[Government of India, F.D. letter No. F25 (27)-Er.II-42, dated 26th June 1942]

IV. When Government supplies a Government servant with a residence

8

[leased or requisitioned or] owned by Government, the following conditions shall be observed:-

(a) The scale of accommodation supplied shall not, except at the officer's own request, exceed that which is appropriate to the status of the occupant.

(b) Unless in any case it be otherwise expressly provided in these rules, he shall pay (i) licence fee for the residence, such licence fee being the standard licence fee as defined in clasue III above or 10 per cent of his monthly emoluments, whichever is the less; and (ii) municipal and other taxes payable by Government in respect of the residence not being in the nature of house or property tax.

(c) Notwithstanding anything contained in sub-clause (b) above a local Government may:-

(i) at any time, after the standard licence fee have been calculated under the provisions of clause III above, group a number of residences, whether in a particular area or of a particular class or classes for the purpose of assessment of licence fee subject to the following conditions being fulfilled:-

(1) that the basis of assessment is uniform, and

(2) that the amount taken from any Government servant shall not exceed 10 per cent of his emoluments;

(ii) by general or special order, provide for taking licence fee in excess of 10 per cent of his emoluments from a Government servant-




(1) who is not under its own administration control, or

(2) who is not required or permitted to reside on duty at the station at which the residence is supplied to him, or

(3) who, at his own request, is supplied with accommodation which exceeds that which is appropriate to the status of the post held by him, or

(4) who is in receipt of a compensatory allowance granted on account of dearness of living;

9

[(d) (i) where the standard licence fee of residence cannot be dtermined for reasons to be recorded in writing at the time of its allotment, the Government servant shall pay such licence fee as may be fixed by the Government on the basis of the actual expenditure on the construction or the cost of acquisition of the buildings, the cost of fittings therein and the known and anticipated liabilities relating thereto plus 10 per cent of the amount so arrived at or 10 per cent of his monthly emoluments, whichever is less.

(ii) The licence fee so fixed shall remain effective till the standard licence fee for that building is determined on completion of the building and will not be increased in any case during the interim period].

V. In special circumstances, for reasons which should be recorded, a local Government-

(a) may, by general or special order, grant licence fee free accommodation to any Government, or class of Government Servants, or

(b) may, by special order waive or reduce the amount of licence fee to be recovered from any Government servant, or




(c) may, by general or special order waive or reduce the amount of municipal and other taxes, not being in the nature of house or property tax, to be recovered from any Government servant or class of Government servants.

VI. If a residence is supplied with one or more or the following or similar services, furniture, installation (including fittings) fir water water or electricity supply or for sanitary purposes, tennis court, or garden maintained at the cost of Government, licence fee shall be charged for these in addition to the licence fee payable under clause IV. The tenant will also be required to pay the cost of the water, electric energy etc. consumed. A local Government may make rules prescribing how the additional licence fee and charges shall be determined, and such rules, may also authorize the remission or reduction of the additional licence fee or charge in special circumstances for reasons which should be recorded.

VII. Nothing contained in this rule shall so operate as to require payment of licence fee for the occupation of residences supplied by Government to those servants of the Crown in India who have been exempted from such payment by order of the Secretary of State in Council or to affect the amount of licence fee or charges payable by those servants of the Crown in India, in whose case the amount so payable is prescribed by the Secretary of State in Council.

N.B.- For the rules for the occupation of cottages in Starky Town made by the Local Government under rule 4(1) of the Civil Services (Governor's Provinces) Delegation Rules, see Appendix XVII.

F.R.45-C. For the purpose of rules 45-A and 45-B emoluments mean-

(i) Pay;

(ii) Payments from general revenues and fees, if such payments or fees are received in the shape of a fixed addition

Emoluments for purposes of recovery of licence fee.



to monthly pay and allowances as part of the authorised remuneration of a post;

(iii) Compensatory allowances, other than travelling allowance, uniform allowance, clothing allowance, outfit

allowance, special outfit allowance 10

[city compensatory allowance] uniform grant and grant for horse and saddlery, 11

[non-practicing allowance], 12

[project allowance] whether drawn from the Consolidated Fund of India or of a State or from a Local Fund.

[Finance Department Notification No. 763-CR-2060-57-IV-R-I, dated 21-3-1960]

(iv) Exchange compensation allowance.

(v) Pension, other than a pension drawn under the provisions of Chapter XXXVIII, Civil Service Regulations, or compensation received under the Workmen's Compensation Act, 1923, as subsequently amended.

13

[(vi) In the case of a Government servant under suspension and in receipt of a subsistence allowance, he shall be allowed to occupy the Government residence during the period of suspension on the same licence fee which he was paying prior to such suspension.]

Note.- This amendment shall have retrospective effect, i.e., it shall be deemed to have come into force from 6th July 1960.

It does not include allowances attached to the Victoria Cross, the Military Cross, the King's Police Medal, the Indian Police Medal, the Order of British India or the Indian Order of Merit.

10

Inserted by F.D. Notification No. 703-3695-76-R-I-IV, dated 14.6.77. 11

Inserted by F.D. Notification No.773-104-IV-R-I-69, dated 30.6.69. 12

Inserted by F.D. Notification No. 51/R-2295/R-I/81/IV, dated 12.1.81. 13

Substituted by F.D. Notification No. 228-2791-IV-R-I, dated 11.12.66.



Notes.- (1) The emoluments of a Government servant paid at piece-work rate shall be determined in such manner as the Local Government may prescribe.

(2) The emoluments of an officer on leave means the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave.

[14

(3) The amount of pension to be taken into account will be the amount originally sanctioned, i.e. before commutation, if any, and will also include the pension equivalent of death-cum-retirement gratuity and other forms of retirement benefits, if any, e.g., Government's contribution to a Contributory Provident fund, Commuted Value of Pension etc.]

L.G.R. For the purpose of rule 45-C (ii) only that portion of the fees received by a Government servant which he is allowed to retain for himself should count as 'emoluments.'

[Government of India, Ministry of Finance, Office memo No. F.17 (13) -EG-I-49, dated 12-5-49]

G.I.O.- The term "pension" occurring in this rule should be held to mean the full sanctioned pension prior to commutation.

[G.I.F.D. letter No.F-32 (8)-R-I-30, dated 12-5-1949.]

F.R. 46 (a.) Fees Subject to rules made by the Governor-General in Council under rule 46-A, a local Government may permit a Government servnat, if it be satisfied that this can be done without detriment to his official duties or responsibilities, to perform a specified service or series of services for a private person or body or for a public, including a body administering a local fund or for an Indian State or for anther Government and to receive as remuneration therefore, if the service be material, a non-recurring or recurring fee.

14

Inserted by F.D. Notification No. 809-119-IV-R-I, dated 24.3.60.

Fees and honoraria.



Note.- This clause does not apply to the acceptance of fees by medical officers in civil employ for professional attendance which is regulated by the orders of the Secretary of State in Council.

(b) Honoraria.- A local Government may grant or permit a Government servant to receive an honorarium as remuneration for

work performed which is occassional 15

[or intermittent] in character and either so laborious or of such special merit as to justify a special reward. Except when special reasons, which should be recorded in writing, exist for a departure from this provision, sanction to the grant or acceptance of an honorarium should not be given unless the work has been undertaken with the prior consent of the local Government and its amount has been settled in advance.

L.G.R. 1. Manner of sanction and payment.- When an honorarium is to be given from provincial revenues to a Government servant serving in one department for work in another department, sanction to its payment should be issued by the department which has to bear the charge with the concurrence of the department in which the Government servant is serving at the time. If this is done, there will be no need to issue separate sanctions for the payment and acceptance of the honorarium.

L.G.R. 2 Copies of sanction to the grant of an honorarium should be forwarded to the audit office as soon as they are accorded, and not when the payment becomes due, in order to enable it to watch in audit, cases in which work has been undertaken without the prior sanction of the competent authority.

In the case of examinations, it will be sufficient if the sanctioning authority specifies the names of the persons appointed as examiners and the rates at which honorarium is to be allowed.

16

[L.G.R. 3.- A question has been raised whether under F.R.46 (b) an honorarium can be granted to a Government servant in consideration of (1) temporary increase in work; (2) long hours

15

Inserted by F.D. Notification No. 4776-IV-R-II, dated 13.8.60. 16

Inserted by F.D. Notification No.277 P.K. 316-IV-R-2-71, dated 5.2.71.

Procedure regarding communication of sanction to the payment of honorarium.



of work put in by an officer in connection with setting up of a Corporation/Companies, etc., which forms part of their normal duties; and (3) performing the duties of another sanctioned post in addition to his own. It has been decided as under:-

(1) No honorarium is admissible for temporary increases in work which are normal incidents of Government work and form part of the legitimate duties of Government servants according to general principle enunciated in F.R. 11.

(2) Honorarium should not be granted to officers engaged in work in connection with setting up of Companies/ Corporations, etc., which forms part of their legitimate duties, even if they work after the office hours.

(3) Honorarium has been defined in F.R.9 (9) as a recurring or non-recurring payment granted to a Government servant from the consolidated Fund of India or Consolidated Fund of the State as remuneration for special work of an occasional or intermittent character. When a post is sanctioned the duties attached to it can hardly be regarded as occasional or intermittent in character. Hence when in addition to his own duties a Government servant is required to perform the duties of another sanctioned post, he should be deemed to be performing additional duties which are not occasional or intermittent in character, even though he may be asked to perform such additional duties for a short period. Honorarium under F.R. 46 (b) will not be admissible to a Government servant who is required to perform the additional duties of another sanctioned post.]

(c) Fees and Honoraria.- In the case of both fees and honoraria the sanctioning authority shall record in writing that due regard has been paid to the general principle enunciated in Fundamental Rule 11, and shall record also the reasons which in his opinion justify the grant of the extra remuneration.

G.I.O. The Government of India have decided that neither Fundamental Rule 47 nor Fundamental Rule 46-A is intended to

Honoraria to medical officer in Civil employ.



limit the general power of local Government to sanction under Fundamental Rule 46 honoraria from general revenues to medical officers in civil employ for serving as examiners.

A.G.I. 1. The rule requires that the reasons for the grant should be recorded in writing, as it is intended that the grant of an honorarium or fee should be carefully controlled by Government and scrutinized by audit, and that audit should be given an effective opportunity of comment if it be deemed necessary. Audit officers may, therefore, require that the reasons for the grant of an honorarium or fee should be communicated to them in each case.

A.G.I. 2. The honorarium paid to an officer selected as an examiner or lecturer on purely personal grounds irrespective of his position under Government, though these grounds may bring about his appointment in successive years, or for a term of years should be dealt with under Fundamental Rule 46 and not treated as a recurring charge.

L.G.R. In all letters conveying sanction to the acceptance of a fee by a Government servant, it should be stated whether the fee is to be paid direct to the Government servant or through the intermediary of Government [vide F.R. 9(6-A).]

F.R. 46-A. The Governor-General in Council may make rules prescribing the conditions and limits subject to which a fee may be received by a medical officer in civil employ for services other than professional attendence.

N.B.- (1) See G.I.O. below Fundamental Rule 46.

N.B.- (2) The procedure regulating the acceptance of fees by Indian Medical Service Officers in civil employ and officers of the Madhya Pradesh Provincial and Subordinate Medical Services for giving evidence in a court of law is laid down in paragraph 219-A of the Madhya Pradesh Medical Mannual.

G.I.O.- The Government of India consider that a duty imposed on a Government servant by statue must ordinarily be performed without extra payment. There is therefore no reason for


Honoraria to lecturers and examiners.

Sanction to state whether the fee is to be paid directly or through Government.

Honoraria or fees to medical officers in civil employ.



giving a Civil Surgeon or other medical officer a fee for performing his statutory duties under the Tea Districts Emigrants Labout Act and rules made thereunder. If, however, medical officers are asked by Employees or Employees Associations to give assistance in respect of matters relating to emigration to Assam which are not part of their statutory duties, the Local Government if it considers, fit, may permit them to accept fees for such work.

[Government of India, Industries and Labour Deptt. Letter no. 13029, dated 26-2-1934]

Rule made by the Governor-General in Council under Fundamental Rule 46-A.

Unless the Governor-General in Council by special order otherwise directs, no portion of any fee received by a medical officer in civil employ for services other than professional attendance shall be credited to general revenues.

Rule made by the local Government under rules 41 and 44 (d) if the Civil Services (Classification, Control and Appeal) Rules.

The above rule also applies to medical officers of the Madhya Pradesh Provincial and Subordinate Services.

F.R. 47. Subject to the provisions of the rules made by the Governor-General in Council under rule 46-A a local Government may make rules prescribing the conditions and limits subject to which authorities subordinate to it may sanction the grant or acceptance of honoraria, and the acceptance of fees, other than the acceptance of fees by medical officers in civil employ for professional attendence.

N.B.- See G.I.O. below Fundamental Rule 46.

S.R. 1. Subject to the provisions of Supplementary Rules 2 to 8 below, a competent authority may sanction the grant of an honorarium to a Government servant under his administrative control or the acceptance by such a Government servant of an

Powers to frame rules regarding grant of honoraria.

General rules.



honorarium or fee. No Government servant may accept an honorarium or a fee without such sanction.

S.R. 2. A Government servant may not, without the previous sanction of the local Government undertake any work not connected with his public duties for which a fee is offered.

Exception 1.- The Director of Public Instructions, Inspectors of Schools or Principals of Colleges, as the case may be, may permit members of the teaching staff employed in Government Schools and Colleges under their control to take up private tuition of individual students, provided that they have the power to sanction the acceptance of fees for the tuition work under item 73 and 73-A in Appendix II, part II.

The Director of Public Instructions may also permit the above-mentioned officers to undertake tuition work in private institutions, provided that the fees payable for the tuition work are within his powers of sanction (vide item 73 in Appendix II, Part II).

Exception 2 - The Director of Public Instructions may permit the Government servants under his control to undertake the preparation of text books for use by pupils or teachers subject to the condition that the author disposes of the book for a lump sum not exceeding Rs. 1,500 in each case (vide serial no. 73-C, Appendix II, Part II) and retains no interest in the sale of the book.

17

[Exception 2-A.- The Director of Technical Education may permit the Government servants under his control to undertake the preparation of books for use by pupils or teachers subject to the condition that the author disposes of the book for a lump sum not exceeding Rs. 1,500 in each case (vide serial No. 73-C, Appendix II, Part II) and retains no interest in the sale of the book.]

Exception 3. - The Director of Veterinary Services may permit officers of his department to undertake the supervision of

17

Inserted by F.D. Notification No. 886-506-IV-R-II, dated 5-5-1967.

Sanction required to undertaking work.



slaughter houses and to accept fees therefor from the funds of the local bodies subject to the following conditions:-

(1) that the work is undertaken outside Government hours and that it does not interfere with the legitimate duties of the department; and

(2) that the total fee offered for the work does not exceed Rs. 25 per mensem.

Exception 4. - In the following cases no sanction is required either for undertaking the work or accepting a fee therefor:-

(i) Literary work of an occasional character and research work.

18

[(ii) Review of books for use as Liberary Books and Prize Books in schools, and periodicals and magazines for use in school received for approval from publishers.]

19

[(iii) Examination work on behalf of Government of India or any State Government or any University/ Board of Education constituted under any Statute or by any State Government or Government of India.]

20

[Note.- The examinations conducted by the Madhya Pradesh.Nurses Registration Council are covered by the above items]

Exception 5. - A Government servant called upon by a court of law to act as a Commissioner, or to give evidence on technical matters may comply with the request, provided that the case is not of such a nature as will be likely to come before him in the course of his official duties. He may also accept such fees as

18

Inserted by F.D. Notification No.886-506-IV-R-II-67, dated 5.5.67. 19

Insert ed by F.D. Notification No.1510-CR-105-IV-R-II, dated 5.4.61. 20

Inserted by F.D. Notification No.5112-IV-R-III, dated 21.11.61.

Examination work for which fee or is offered.

Expert evidence and commission.



are fixed by the court, provided he obtains the sanction of the head of department to the acceptance of the fees.

S.R. 3. No Government servant may act as an arbitrator in any case which is likely to come before him in any shape by virtue of any judicial or executive post which he may be holding.

S.R. 4. When a Government servant of an educational service is permitted to receive fees for private tuition, the financial limit of the power of sanction accorded to a competent authority shall be considered to apply to the total amount of fees to be accepted by such Government servant during any particular scholastic term or vacation.

21

[S.R. 5. One third of the fee paid to a Government servant should ordinarily be credited to general revenues and the balance two-third paid to Government servant concerned]

Note.- (1) This rule does not apply to the acceptance of fee by medical officer in civil employ for services other than professional attendance. Such fees will be regulated by the orders issued under Fundamental Rule 46-A and those contained in Appendix XXXIV to the Madhya Pradesh Medical Mannual.

(2) The rule is also not applicable in the cases covered by exceptions (1) to (4) and (5) below Supplementary Rule 2, provided that when a Government servant of the Survey and Settlement and Land Records Department is permitted to receive fees for the execution of a commission during the time which would otherwise be spent in the performance of official duties, a sum equal to his pay including good conduct allowance, conveyance allowance and dear district allowance, where admissible and that of any other Government servant who accompanies him for the number of days spent in travelling and executing the commission shall be credited to general revenues.

21

Inserted by F.D. Notification No.F.B> 1-75-R-IV-, dated 11.11.75 effective from 1.10.75.

Action as Arbitrator.

Limits of sanction of tuition fees.

Share creditable to general revenues.



(3) Officers of the Education Department who are permitted to receive a fee of Rs. 25 for the inspection of each State High School in the Bastar, Kanker, Khairagarh, Korea, Nandgaon, Raigarh and Surguja States will not be required to credit any portion of it to provincial revenues.

[Education Dept.Endorsement No. 1624-Estt, dated 15-10-42].

(4) The rule is not applicable in the case of fees received under the existing convention when the services of a Governmet servant are lent by one Government to another for a short priod [c.f. para 3 of State Government Order (ii-A) under direction 2 in Section I of Appendix II, Financial Rules, Volume II.]

[Finance Department (R) File No. 13-18 of 1950]

S.R. 6. An honorarium shall not be granted for all round good work falling within the scope of the ordinary duties of the Government servant performing it, however, outstanding its quality.

Notes.- (1) Temporary increase in work, e.g. on account of the holding of special departmental conferences or in connection with inter-departmental committees are normal incidents of Government service and therefore form part of the legitimate duties of Government servants. Those so employed have therefore no claim to extra remuneration.

(2) 22

[Deleted]

S.R. 7. The work in connection with the following examination for which definite rates of remuneration have been prescribed may be undertaken and an honorarium drawn without special sanction:-

(a) High School Certificate Examination held by the Madhya Pradesh Board of High School Education;

22

Inserted by F.D. Notification No. F.B.1-1-76-R-II-IV, dated 27-1-1976.

Condition of sanction of honorarium.

Examination work for which Honorarium is granted.



(b) Vernacular Teacher's Certificate Examination (Men and Women);

(c) Secondary Grade Women's Howbagh (Jabalpur) Training College Examination;

(d) Final Examination of different courses of the Governemnt Engineering School, Nagpur;

(e) Shorthand and Typewriting Examination; and

(f) Examination held by Public Service Commission; and

(g) Setting question and valuing answer books in connection with the examination held by the Posts and Telegraphs Department for recruitment to certain subordinate service. Provincial Government servants are not however permitted to undertake invigilation work in connection with this Examination.

[Education Dept. Memo. No. 692-Acd. S., dated 23-4-42]

S.R. 8. Except in those cases in which definite rates of remuneration have been prescribed the amount of an honorarium or fee must be fixed with due regard to the value of the service in return for which it is given.

23

F.R. 48. Any Government servant is eligible to receive and except as otherwise provided by a general or special order of the Governor to retain without special permission-

(a) the premium awarded for any essay or plan in public competitions;

(b) any reward offered for the arrest of a criminal or for information or special service in connection with administration of justice;

23

Substituted by F.D. Notification No. 648-3583-IV-R-II, dated 6.2.61.

Amount how determined.

Additional remuneration, when permissible with sanction.



(c) any reward payable in accordance with the provisions of any Act or Regulation or Rules framed thereunder;

(d) any reward sanctioned for services in connection with the administration of the excise laws; and

(e) any fees payable to a Government servant for duties which he is required to perform in his official capacity under any special or local law or by order of Government.

F.R. 48-A.- A Government servant whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, a patent for an invention made by such Government servant save with the permission of the local Government and in accordance with such conditions as the local Government may impose.

General instructions for regulating the grant of permission for the taking out of patents by Government servants whose duties involve the carrying out of scientific or technical research.

L.G.R. In these instructions-

(1) "Inventor" means any Government servant whose duties involve carrying out of Scientific or Technical Research.

(2) "Department" means the department of the Provincial Government incharge of any Research Organisation.

(3) "Research Organisation" means any technical or scientific establishment under the Provincial Government where research work is carried out, and includes also an establishment where research work is carried out in addition to any other routine work.

(4) "Secretary" means Secretary of the Commerce and Industry Department.

2. An inventor should not, without the previous permission of the Provincial Government employ a Patent Agent or disclose



the invention to any person otherwise than as provided in clause 4 or publish or join any person not connected with the invention in his application for a patent, or file a Complete Specification, or make any application for a patent in any Indian State or any other country.

Untill the Provincial Government make a decision under clause 18, the particulars about any invention disclosed by an inventor should be treated as confidential and deemed to belong to and held in trust for the Government.

3. Every inventor should if so ordered, do everything necessary for obtaining a patent whether in Indian Dominion or any other country under such conditions as may be prescribed by the Provincial Government.

4. Every inventor who evolves an invention should promptly disclose it to the Head of the Research Organisation where he is working.

5. Where an inventor discloses his invention to the Head of his Research Organisation, with or without a request for permission to file an application for a patent accompanied by a Provisional Specification, the Head of the Research Organisation should, through a secret communication, forward the information to the department concerned togethear with his remarks on-

(i) the connection, if any, between the invention and the inventor's official duties;

(ii) the extent to which the inventor has used the facilities provided at Government expenses;

(iii) whether the results are of such a nature that they should be published instead of being patented;

(iv) patenting the invention in foreign countries;

(v) the estimated needs of the department concerned and the Government as a whole;



(vi) the probable contribution to public welfare; and

(vii) his recommendations, if any, as to further action deemed appropriate.

6. An inventor may file an application for a patent accompanied by a Provisional Specification after obtaining the permission of the Head of the Research Organisation where he is working:

Provided that in case the inventor is himself the Head of a Research Organisation he may file such application without obtaining previous permission of the Provincial Government.

7. The Provincial Government hereby authorise the Head of every Research Organisation to grant, in his discretion, to any inventor working under him, permission under Fundamental Rule 48-A to file an application for a patent accompanied by a Provisional Specification:

Provided that, where the Head of Research Organisation does not deem it fit to grant the permission, for instance, where the invention is likely to have utility for Defence purposes or for the department concerned, he should forward the papers to the department together concerned with his remarks.

8. Where an inventor desires to obtain permission in accordance with clause 6, his request to the Head of his Organisation should be made on the prescribed form, shown in Appendix A, which should be filed in quadruplicate.

9. If the Head of a Research Organisation decides to grant the permission, he should sign all the four copies of the forms, return one copy to the inventor, retain one copy and forward the remaining two copies along with two copies of the Provisional Specification to the Department concerned.

10. If the request for permission is accompanied by a Complete Specification (which should be in duplicate) the Head of the Research Organisation should, through a secret communication,



forward the papers to the department concerned together with his remarks on points referred to under sub-paragraph (i) to (vii) in clause 5.

11. Upon receipt of a communication of an invention from the Head of the Research Organisation the department concerned should examine the case. If they consider that the results proposed to be patented are of such a nature that they should be published instead of being patented, they will refuse the inventor's request for permission to take out a patent. The department may take such steps as they consider expedient for publishing the invention, or for otherwise disposing of the invention. On receipt of intimation of such refusal, the inventor shall abandon his application for patent, if any, filed on the basis of a Provisional Specification. In all other cases the department concerned should, within 15 days of their receipt of the communication from the Research Organisation, forward the papers to the Secretary with their recommendations. While forwarding the papers to the Secretary the following documents should be supplied through a secret communication.-

(i) if the invention was disclosed un accompanied by a request for permission to take out a patent, full particulars of the invention so disclosed;

(ii) if an application has been made on the basis of a Provisional Specification, a copy each of the application and the Provisional Specification filed at the Patent Office; and

(iii) if a request for permission has been made to take out a patent on the basis of a Complete Specification; a copy of the Complete Specification.

12. Upon receipt of the foregoing communication from the department concerned Government in the Commerce and Industry Department will consider whether the permission asked for under Fundamental Rule 48-A should be granted, with or without conditions.



13. If the Government are satisfied that the invention has not connection whatever with the inventor's official duties, or does not fall within a technical field of activity of the department concerned they will, if the inventor has applied for permission to take out a patent, grant him the permission under Fundamental Rule 48-A without any restriction.

14. If Government consider that the invention has been made in the course of the inventor's official duties or that the invention has resulted from facilities provided at Government's expense, they will decide whether an application for a patent should be made through the Controller of Patents and Designs on the basis of a Complete Specification.

15. If Government decide that an application for a patent should be made on the basis of a complete specification, the Secretary will, if necessary, obtain from the inventor further particulars required for the drafting of the Complete Specification, and take the necessary steps to prepare and file the Complete Specification within 9 months from the date of the Provisional Specification, if any. The application will be made in the name of the inventor, on the understanding that he will hold the patent in trust for the Provincial Government and will, in due course, assign his rights to the Provincial Government.

16. The Complete Specification and the drawings, if any, required for filing and prosecuting the applications for patents will be prepared by the Research Organisation when facilities exist for such purposes, and in other cases, by the Secretary, or by such agency as may be appointed by Government.

17. All fees up to the stage of acceptance in respect of every application prosecuted by the Secretary, will be borne by the Provincial Government.

18. On filling a complete specification Government in the Commerce and Industry Department will consider.-



(i) whether the invention should be published for free use by public; or

(ii) whether a patent should be taken out for exploitation by the Provincial Government; or

(iii) whether the inventor should be allowed to take out a patent for his own benefit.

19. If the department concerned or Government in the Commerce and Industry Department decide that the invention should be published for free use by the public, they will refuse the Inventor's request, if any, for permission under Fundamental Rule 48-A and the Secretary will not prosecute the application for patent beyond the stage of its acceptance. In all such cases the Government in the Commerce and Industry Department on the advice of the department concerned will determine the ex-gratia payment, if any, and will advise the department concerned accordingly.

20. If Government in the Commerce and Industry Department decide to take out a patent for exploitation, the Secretary will proceed with the application, and on obtaining the patent, take the necessary steps to get the inventor's rights under the patent assigned to the Provincial Government.

21. In all cases where the Government in the Commerce and Industry Department decide to take out patents for exploitation, they will decide also the manner in which the patents should be exploited.

22. Inventions which the Government in the Commerce and Industry Department consider are of no interest to the Provincial Government either for commercial exploitation orpublication for free use to the public, will be returned to the inventors, if they so desire, and they will be allowed to take out patents for their own benefit subject to.-



(i) the reservation of the right of the Provincial Government to the use of the invention either without payment or on such terms as the Government may consider reasonable; and

(ii) the condition that the inventor will not assign or deal with or grant licences to any person without obtaining the prior permission of the Government.



APPENDIX A Request for permission to file an application for a patent accompanied by a Provisional Specification direct to the

Patent Office.

(To be filled in quadruplicate)

I/We hereby request permission to file an application for an Indian Patent accompanied by a Provisional Specification in respect of ......................................(here give title of invention). In consideration of grant of such permission I/we agree and declare as follows:-

2. I/We declare that this invention has/had not been evolved in the case of my/our official duties and as a result of the research and facilities provided at Government expense.

3. Four copies of the Provisional Specification which it is proposed to forward to the Controller of Patents and Designs, Calcutta (or an equivalent description of the invention), accompany this request. Immediately after dispatching the application I/We will submit two extra copies of the documents forwarded to the Controller of Patents and Designs.

4. I/We wish to apply for a patent, in my/our name on the understanding I/We would hold the patent when granted, in trust for the Governor (hereinafter called Provincial Government) and will assign the same to the Provincial Government whenever called upon to do so.

5. I/We will, if so ordered, withdraw my/our application for a patent.

6. I/We will not file the Complete Specification in respect of this invention without the prior permission of the Provincial Government or in the manner as may be directed in the matter.

7. I/We will not apply for a patent in any other country or an Indian State in respect of this invention without the prior permission of the Provincial Government.



Date ......................... ...............................................

Inventor's Signature, Designation My/Our address for service .......................................... in the Dominion of India is ............................................... Permission granted. Date ................. Signature of the Head of the

Research Organisation, Designation. Received one copy. Signature of Inventor or Inventors. Date ...............

[Govt. of the C.P. & Berar Commerce & Industry Dept. Memo No.3984-1453-VII, dated 6-7-1948]

F.R.48-B.- If a question arises whether a Government servant is a Government servant to whom rule 48-A applies the decision of the local Government shall be final.

F.R. 48-C.- [Deleted].


CHAPTER VI COMBINATION OF APPOINTMENTS 1 of 6

CHAPTER VI COMBINATION OF APPOINTMENTS

1F.R. 49. The State Government may appoint a Government

servant already holding a post in a substantive or officiating capacity to officiate, as a temporary measure, in one or more of other independent posts at one time under that Government. In such cases, his pay is regulated as follows:-

(i) Where a Government servant is formally appointed to hold full charge of the duties of a higher post in the same office as his own and in the same cadre/line of promotion, in addition to his ordinary duties, he shall be allowed the pay admissible to him, if he is appointed to officiate in the higher post, unless the competent authority reduces his officiating pay under Rule 35; but no additional pay shall, however, be allowed for performing the duties of a lower post ;

(ii) Where a Government servant is formally appointment to hold dual charge of two post in the same cadre in the same office carying identical scales of pay, no additional pay shall be admissible irrespective of the period of dual charge:

Provided that if the Government servant is appointed to an additional post which carries a special pay, he shall be allowed such special pay;

(iii) Where a Government servant is formally appointed to hold charge of another post or posts which is or are not in the same office, or which, though in the same office, is or are not in the same cadre/line of promotion, he shall be allowed the pay of the higher post or of the highest post if he holds charge of more than two posts in addition to ten percent of the presumptive pay of the additional post or posts, if the additional charge is held

1Inserted by F.D. Notification No. 789-R-161-IV-R-I71, dated 22.6.72 effective from 4.8.72.

Pay and allowances of Government servants appointed to two or more posts.



for a period exceeding 39 days but not exceeding 3 months:

Provided that if in any particular case it is considered necessary that the Government servant should hold charge of another post or posts for a period exceeding 3 months, the concurrence of the Finance Department shall be obtained for the payment of the additional pay beyond the period of 3 months;

(iv) No additional pay shall be admissible to a Government servant who is appointed to hold current charge of the routine duties of another post or posts irrespective of the duration of the additional charge;

(v) If compensatory or sumptuary allowances are attached to one or more of the posts, the Government servant shall draw such compensatory or sumptuary allowances as the State Government may fix:

Provided that such allowances shall not exceed the total of the compensatory and sumptuary allowances attached to all the posts.]

G.I.O.1. Chaplains on the Indian Ecclesiastical Establishment are subject to the Fundamental Rules and are entitled to the benefits which these rules confer in respect of additional pay for holding two or more post at one and the same time subject to the observance of the following principles ;-

(i) So long as there is a shortage of Chaplains in a particular diocese, i.e., actual vacancies in the cadre, it may be necessary to ask a Chaplain to do double duty. In such cases the grant of additional pay under Fundamental Rule 49 would usually be justified, but the number of Chaplains actually in receipt of additional pay should not exceed the number of vacancies existing.

(ii) Where the cadre is full it ought not ordinarily to be necessary to ask a Chaplain to do double duty and

Chaplains .



additional pay under Fundamental Rule 49 ought not in such cases to be granted unless tahe circumstances are altogether exceptional.

[G.I., Department of Commerce, Letter no. 1186-C, dated 21st February 1927, received under appointment Department endoresement No. 1043-534-R-III, dated 2nd March 1927]

Notes :- (1) In determining the shortage of Chaplains ina particular diocese, the number of Chaplains on leave should be taken into accounts. Thus if in any particular diocese the number of Chaplains on duty plus the number of Chaplains on leave falls short of the sanctioned number of chaplaincies for that diocese, then there are actual vacancies in the cadre to the extent by which the number of Chaplains on duty plus number of Chaplains on leave fall short of the sanctioned number of Chaplaincies.

[G.I., Department of Commerce, letter no. 1186-C(3), dated the 24th June 1927, received under Appointments Department endorsement No. 2973-1389-R-III, dated the 4th July 1927]

(2) When owing to the absence of the Bishop from any of the Diocese of Lahore, Rangoon, Lucknow or Nagpur, the Archdeacon is called upon to perform the duties of Bishop's Commissary in addition to his own duties, he may be granted an allowance under Fundamental Rule 49, even though there may be no actual vacancies on the regular cadre of the diocese..

(3) Additional pay under Fundamental Rule 49 is not admissible to a Chaplain in the following cases :-

(a) When a Field Service Chaplain is withdrawn for field service or for employment elsewhere, as a Field Service Chaplain when not required for field service is supernumary to the cadre to which he is attached.

(b) When a Field Service Chaplain is available to fill up shortage in the regular cadre fixed for diocesan work.



(c) In a leave vacancy, as the cadre fixed for diocesan work provides for a leave reserve.

[G.I., Department of Commerce letter No. 5(16)-Fccl, dated the 6th February 1931, to the Metropolitan's Chaplain, received under Appointment Department endorsement No. 848-426-III, dated the 27th February 1931]

G.I.O. 2. The Government of India have ruled that additional pay granted under Fundamental Rule 49 (b) is not special pay or personal pay and that no extraneous limitations outside the Fundamental Rules exist on its grant by the local Government. The fact that the grant of additional pay under Fundamental Rule 49 is to be made to a member of an All-India Service does not accordingly restrict the local Government's powers under Fundamental Rule 49.

[G.I.F.D., letter No. 357-C.S.R.-27, dated the 16th September 1927, received with Accountant-General's letter No. G.A.31-I-2044, dated the 10th October 1927]

A.G.I. 1. This rule requires that such pay as may be considered "reasonable" in the circumstances may be given; half the presumptive pay of the post is not therefore to be regarded as the amount normally permissible.

A.G.I. 2. Presumptive pay for the purposes of Fundamental Rule 49 (b) should, according to Fundamental Rule 9 (24), be taken to be what the Government servant, who is placed in additonal charge, will draw as initial pay in the time-scale of the additional post under Fundamental Rule 22, where he formally transferred to it. In cases, however, in which the maximum pay of the lower post is less than the pay of the Government servant in his substantive post, the application of Fundamental Rule 22 is not clear, and accordingly the Governor-General in Council has decided under Fundamental Rule 8 that in such a case the maximum of the pay of the lower post should be taken as the presumptive pay for the purposes of Fundamental Rule 49 (b).

Application of the rule to members of All-India Services.

Scope of the words "reasonable pay" in F.R. 49 (b).

Fundamental Rule 49 (b).



A.G.I. 3. Under this rule, a Government servant is not entitled to overseas pay in respect of both the posts, that is, he cannot get the benefit of the overseas pay, whether in sterling or rupees, of the second post.

A.G.I. 4.:- For the interpretation of the term "unfilled" used with reference to combination of appointments made under Fundamental Rule 49, occurring in rule 25 of the Civil Services (Classification, Control and Appeal) Rules, see the A.G.I. reproduced as foot-note below rule 25 of the Civil Services (Classification, Control and Appeal) Rules.

L.G.O. 1.:- The authorities competent to grant additional remuneration under this rule should carefully scrutinize the merits of every claim and satisfy themselves that the extra remuneration to be granted is justified with reference to the nature or extent of the extra work or responsibility involved. Where it is proved that the extra duties to be performed are such as to justify additional remuneration, a formal appointment may be made in terms of Fundamental Rule 49, but the additional pay to be granted under Fundamental Rule 49 (b) should not ordinarily exceed 20 per cent of the presumptive pay of the additional post Otherwise the appointment should not be made in terms of Fundamental Rule 49 i.e., the additional post should be kept vacant and the case should be met by the grant, if necessary, of a special pay not exceeding 20 per cent of the minimum pay of the additional post under Fundamental Rule 9 (25) (b), the above orders should not be held to override the delegation contained in Serial Nos. 76 and 77 of Appendix II, Part II, Fundamental Rules Vol. II.

L.G.O. 2:- The special pay and Fundamental Rule 9(25)(b) granted in the circumstances stated L.G.O. 1 above is of the nature of charge allowance and does not, therefore, count as emuluments for pension under Article 468, Civil Service Regulations vide paragraph 2 under Article 468 (i) and (j) on page 105 of the Central Provinces Supplement to the Civil Service Regulations.

Overseas pay in respect of more than one post.



Note :- When a special pay under Fundamental Rule 9(25)(b) is granted in the circumstances described in L.G.O. above, the fact that it has been so granted should be recorded in the service book.

L.G.O. 3.:- A question has arisen whether F.R. 49 is applicable in the case of appointment of a Government servant to two or more posts of the same nature and borne on the same cadre. It has been decided by the State Government that F.R. 49 is applicable in the case of appointment to two or more posts in the same office of establishment which are in the same line of promotion or cadre as they cannot be held, as independent posts for the purpose of that rule. For example a L.D.C/U.D.C./ A.M.O./Assistant Engineer who is required to look after the work of another post of L.D.C/U.D.C./A.M.O./Assistant Engineer in addition to his own work, will not be entitled to anything more than the pay and allowances admissible for single post.

Note.- This will have effect from the 10th August 1966.

[F.D.No. 1382-CR-740-IV-R-I, dated 16-9-1966]


CHAPTER VII DEPUTATION OUT OF INDIA 1 of 7

CHAPTER VII DEPUTATION OUT OF INDIA

F.R. 50. No deputation of a Government servant out of India shall be sanctioned without the previous approval of the State Government.

1F.R. 51. (1) When a Government servant is with proper

sanction temporarily deptuted for duty out of India either in connection with the post held by him in India or in connection with any special duty on which he may temporarily be placed, he may be allowed by the Government to draw during the period of deputation the same pay which he would have drawn had he remained on duty in India:

Provided that a Government servant who is placed on deputation while already on leave out of India on average pay, may be required by the Government to continue to be on leave, in which case he shall be given during that period, in addition to his leave salary, an honorarium of one-sixth of the pay which he would heve drawn had he remained on duty in India; the cost of passages from and to India shall be borne by him.

Note :- The portion of the pay which a Government servant may be permitted to draw in foreign currency while on deputation abroad will be determined in accordance with the orders issued by the Government in this regard from time to time.

(2) A Government servant on deputation may also be granted a compensatory allowance in a foreign country of such amount as Government may think fit.

(3) The foreign exchange equivalent of the pay, honorarium or compensatory allowance admissible under sub-rule (1) or sub rule (2) shall be calculated at such rate of exchange as Government may by order prescribe.

1Substituted by F.D. Notification No 2213-357-IV-R-I, dated 5.11.62.



F.R. 51-A.- When a Government servant is with proper sanction deputed for duty out of India to hold a regularly constituted permanent or quasi-permanent post, other than a post borne on the cadre of the service to which he belongs his pay shall be regulated by the orders of the State Government.

[F.D. (R) file No. 13-42 of 1952.]

S.S.O. 1. In connection with Fundamental Rules 50 and 51, the following rules shall regulate the deputation out of India of subordinate police officers for the purposes referred to therein:

The Government of India, or in cases, in which the cost is met from provincial revenues, a Local Government may depute a subordinate police officer to any country outside India to accompany or take charge of criminals or lunatics, or on any other business which is part of his duty as a police officer; and may grant to the officer so deputed -

(a) full pay, for the entire period of absence from India; with

(b) actual travelling expenses, and a subsistence allowance not exceeding the following scale, while in any country outside India :- S D For an officer of the Inspector class 22 6 a day --- do --- Sergeant class 15} 0 " " ----- do ---- Constable class " } " "

` A Local Government may delegate its powers under this rule to officers of a rank not less than Deput Inspector-General of Police or Commissioners of Police in the Presidency towns and Rangoon.

[G.I.F.D., Resolution No. 1224-C.S.R., dated 10th November 1922]

Police subordinates.



Note .- The Governor-General in Council with the approval of the Secretary of the State

has decided that the words "an officer of the Inspector class" in clause (b) of the above S.S.O. include a Deputy Inspector and a Sub- Inspector.

[ G.I.F.D., Resolution No. F-4-XXVIII-R-I-28, dated 29th September 1928]

S.S.O. 2. The Secretary of State has made the following rule in regard to remuneration of officers who belong to Services the control of which has not been delegated to Local Government by the Delegation Rules, 1926 (i.e. in regard to officers of the All-India Services) and who, while on leave in the United Kingdom, attend Conferences and Congresses there or non the Continent of Europe whether as official representative of Government of India or of a Local Government or as unofficial visitors :-

(1) Officers who are nominated as official representatives of the Government of India or of a Local Government will be placed on deputation for the period involved and will receive the usual travelling expenses and subsistence allowance.

(2) Officers who are not so nominated will not be placed on deputation; but if it is thought desirable that they should attend as visitors, they may be offered travelling expenses and subsistence allowance as an inducement for them to do so. Further, though the officer is not an official representative, the India Office will be prepared to render him such service as recommending him, as a visitor, to the Congress Authorities.

[Secretary of State's despatch No. 5-Overseas dated the 20th December 1928, received with G.I.F.D. No. F-4-II-R-I, dated the 9th February, 1929]

S.S.O. 3. The Secretary of State has decided that the officers in Government service holding Rockfeller Foundation

Conferences and Congresses .

Rockfeller fellowship .



Fellowships should be treated as on deputation and given the following terms ;-

(1) Full Indian pay minus overseas pay in the case of officers in receipt of overseas pay, or as an alternative at the option of the officer concerned, three-fourth of the pay including overseas pay.

(2) Compensatory allowance admissible to a first or second class officer, as the case may be, under section 11 of the Indian Office Rules, regarding allowance of civil officers when on duty in Europe or America. This is ordinarily admissible for one year only.

(3) Rockfeller stipend.

They would not be entitiled to the United States of America Allowance under section IV of the Indian Office Rules, or to any Study Leave Allowance, and the leave earned by this deputations would be diminished by any periods of leave granted by the International Health Board.[G.I.Department of Education, Health and Lands letter No. 961-Health, dated the 18th/22nd May 1929.]

S.S.O. 4. The Secretary of State in Council has decided that the officers who are placed on deputation while already on leave out of India on average pay may, if average pay leave would otherwise be admissible, convert deputation into leave on average pay plus an honorarium of one sixth of Indian pay on the condition that the cost of passages both from and to India is borne by the officer.

[G.I.F.D., letter No. F-120 -C.S.R.-25, dated the 4th November 1925 and F-4-R-I-29, dated the 11th January 1929]

S.S.0. 5. With reference to the orders contained in S.S.O.above, the Secretary of State has ruled that the terms of F.R. 50 must be interpreted as applying to cases where officers exercise the option of leave and drawing an honorarium of one sixth pay during a period of duty out of India, i.e., this option can only be

When deputation can be converted into leave .

Scope of F.R. 50.



exercised by a Government servant whose deputation out of India has been approved by the proper authority.

[G.I.F.D letter Nol.F-101-C.S.R.- 26, dated the 30th July 1926]

S.S.O. 6. The Secretary of State in Council has decided that officers serving under the Civil Service Regulations are eligible for the privilege of consuming leave during deputation, should they so desire , and of receiving an honorarium of one-sixth of their pay. In their case, leave on full pay would take the place of leave on average pay.

[G.I.F.D., endorsement No.F-139-C.S.R.-27, dated the 28th April 1927]

S.S.O. 7. The Secretary of State has decided that period of deputation converted into leave on average pay under S.S.O. 5 above should count for pension as leave and not as deputation.

[G.I.F.D.,letter No. F-132-C.S.R.-25, dated the 19th November 1925]

S.S.O. 8. With reference to Fundamental Rule 51, the Secretary of State for India in Council has issued revised rules (vide Appendix XVIII) governing the grant of subsisitence and travelling allowance to officers serving under the Secretary of State, the Government of India, or the High Commissioner for India when on duty in Europe or America.

[G.I.F.D.,No. F-220-C.S.R., dated the 14th November 1924, and N0.F-22-C.S.R. 24, dated the 6th February ]

S.S.O. 9. With reference to the rules governing the grant of travelling allowance to civil officers serving under the Secretary of State, etc., when on duty in Europe or America (vide S.S.O. 9 under this rule), it hasa been decided by the Secretary of State that civilian officials ordered to attend at the India Office for examination by the India Office Medical Board shall be allowed a refund of railway fares for journeys within United Kingdom according to the class to which they are entitled but that no

Officers subject to Civil Service Regulation Rules.

Period treated as leave for purpose of pensions.

Subsistence and travelling allowance granted in certain cases.

Travelling allowance for journeys to attend Medical Board at the India Office.



subsistence allowance will be granted and no refund of hotel expenses will be allowed.

[G.I.F.D., No.F-116-C.S.R. 25, dated the 18th April 1925]

S.S.O. 10. The Secretary of State in Council has decided that where a rule made by the Secretary of State in Council refers to a rate of exchange which the Secretary of State in Council may by order prescribe, that rate shall until further orders be issued.

[G.I.F.D., Resolution No.F.35-R-I-28, dated the 25th February 1928]

G.I.O. 1. In the case of officers who are placed on continuous service with commissions and committtees whose functions require work both in and out of India the reference to the pay which the Government servant would have drawn if on duty in India both in Fundamental Rule 51 and in proviso (a) to Fundamental Rule 9(2) should be interpreted as a reference to the pay which he would have drawn in India had he continued on duty with the commission or committee there.

[G.I.F.D., endorsement No.F.4-11-R-I-30, dated 27th July 1931]

G.I.O. 2. The grant of deputation pay to officers on short term contracts who are called upon to undertake duty outside India is governed by the ordinary service rules.(F.R. 51)

The above orders are also applicable to subordinate personnel recruited for service in India on short-term contract.

[G.I.F.D., letter No.F- 4 (28)-R-I-31, dated the 20th November 1931, received with Appointments Department's endorsement No. 4202-2995-III, dated the 12th December 1931 , and G.I.F.D., letter No. F- 4 (28)-R-I-31, dated the 14th July 1932]

Rule made by the Local Government under rule 4 (1) of the Civil Serivces (Governor's Provinces) Delegation Rules

(1) The local Government has decided to adopt the terms mentioned in S.S.O. 4 above for officers belonging to provincial

Rate of exchange .



and subordinate services and officers holding special post who may be selected for Rockfeller-Fellowship from Madhya Pradesh.

(2) The Local Government has decided to adopt the rule in S.S.O. 3 above so far as regards officers belonging to services the control of which has been delegated to the Local Government by the Delegation Rules of 1926 i.e., officers belonging to Provincial and Subordinate Service and Officers holding special posts.

A.G.I. 1. In the expression "pay he would draw if he were on duty in India" occuring in Fundamental Rule 51 (a) and in the similar expression in Fundamental Rule 9 (2) (a) the term "pay" should be interpreted literally with reference to Fundamental Rule 9(21) and the pay which an officer would have drawn if on duty in India should be determined for this purpose by the appropriate authority in India.

A.G.I. 2. The period of deputation runs from date on which the Government servant makes over charge of his office in India to the date on which he resumes it; or if the Government servant is on leave out of India at the time he is placed on deputation, the period of the deputation is the time actually occupied by the duty.

A.G.I. 3. Subject to the consideration of special cases, when a Government servant is placed on deputation in Europe or America while on leave out of India, the deputation should be regarded as an interruption of the leave already granted. In ordinary circumstances the leave of such a Government servant will be extended by the period of the deputation, but the deputation will not be entitle him to fresh grant of leave. The expression "at any one time" in Fundamental Rule 81 (b) should be interpreted as meaning "in each separate period of leave granted".

N.B.

Period of deputation.

Effect on right to leave of a period of deputation in interruption of leave.


CHAPTER VIII DISMISSAL, REMOVAL AND SUSPENSION 1 of 12

CHAPTER VIII DISMISSAL, REMOVAL AND SUSPENSION

F.R. 52. The pay and allowances of a Government servant who is dismissed or removed from service cease from the date of such dismissal or removal.

1F.R. 53. (1) A Government servant under suspension

2

[or deemed to have been placed under suspension by an order of the appointing authority] shall be entitled to the following payments, namely:-

(i) in the case of a Commissioned Officer of the Indian Medical Department or a Warrant Officer in Civil employ who is liable to revert to military duty, the pay and allowance to which he would have been entitled had he been suspended while in military employment;

(ii) in the case of any other Government servant:-

(a) a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave on half average pay or on half pay and in addition, dearness allowance, if admissible on such leave salary:

Provided that where the period of suspension exceeds 3

[three] months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of

the first 4

[three] months as follows:-

(i) the amount of subsistence allowance may be increased by a suitable amount; not exceeding 50% of the subsistence

1Substituted by F.D. Notification No 2083-C.R.-2780-IV-R-I, dated 23.11.63.

2Inserted by F.D. Notification No. 804-R-275-IV-R-I, dated 27.6.72

3Substituted by F.D. Notification No. 1068/6491/81/R-I/IV, dated 26.8.81.


Pay and allowance of a dismissed or removed Government servant. Pay and allowances of a Government servant under suspension.



allowance admissible during the period of the first 5

[three] moths, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing not directly attributable to the Government servant;

(ii) the amount of subsistence allowance may be reduce by a suitable amount not exceeding 50% of the susbistence

allowance admissible during the period of the first 6

[three] months, if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons to be recorded in writing, directly attributable to the Government servant;

(iii) the rate of Dearness Allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under sub-clauses (i) and (ii) above.]

(b) 7

[Any other compensatory allowances admissible from time to time on the basis of pay of which the Government servant was in receipt on the date of suspension subject to the fulfillment of other conditions laid down for the drawal of such allowances:

Provided that the Government servant shall not be entitled to the compensatory allowances unless the said authority is satisfied that the Government servant continues to meet the expenditure for which they are granted.

(2) No payment under sub-rule (1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation.



7Substituted by F.D. Notification No. 747-1496-76-R-I-IV, dated 11.6.76.



L.G.R. House rent allowance grnated in lieu of rent-free quarters cannot be drawn by a Government servant under suspension.

F.R. 53-A 8

[Deleted]

F.R 54. (1) When a Government servant who has been dismissed, removed or compulsorily retired is re-instated as a result

of appeal review or would have been so re-instated 9

[but for his retirement on superannuation, while under suspension or not], the authority competent to order re-instatement shall consider and make a specific order:-

(a) regarding the pay and allowances to be paid to the Goverment servant for the period of his absence from duty including the period of suspension preceeding his dismissal, removal or compulsory retirement, as the case may be, and

(b) whether or not the said period shall be treated as a period spent on duty.

(2) Where the authority competent to order re-instatement is of the opinion that the Government servant who had been dismissed, removed or compulsorily retired has been fully exonerated, the Government servant shall, subject to the provisions of sub-rule (6), be paid full pay and allowances to which he would have been entitled, had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be:

Provided that where such authority is of opinion that the termination of the proceedings instituted against the Government servant had been delayed due to reasons directly attributable to the Government servant, it may, after giving him an opportunity to 8Deleted by F.D. Notification No. 2083-CR-2780-IV-R-I, dated 23.11.63.

9Substituted by F.D. Notification No.FAAA-1-10-73/R-I/IV, dated 29.7.75. effective from

22.8.75.



make his representations 10

[within 60 days from the date on which the communication in this regard is served on him] and after considering the representation, if any submitted by him, direct for reasons to be recorded in writing, that the Government servant shall, subject to the provisions of sub-rule (7),be paid for the

period of such delay, only such amount 11

[not being the whole] of such pay and allowances as it may determine.

(3) In a case falling under sub-rule (2), the period of absence from duty including the period of suspension preceeding dismissal, removal or compulsory retirement, as the case may be shall be treated as a period spent on duty for all purposes.

(4) In the cases other than those covered by sub-rule (2) including the cases where the order of dismissal, removal or compulsory retirement from service is set aside by the Appellate or Reviewing Authority solely on the ground of non-compliance with the requirements of Clause (2) of Article 311 of the Constitution and no further enquiry is proposed to be held, the Government servant shall subject to the provision of sub-rules (6) and (7), be

paid such 12

[amount (not being the whole) of the pay and allowances] to which he would have been entitled had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government servant of the quantum proposed and after considering the representation, if any, submitted by him in that

connection within such period 13

[which in no case shall exceed sixty days from the date on which the notice has been served] as may be specified in the notice:

10

Inserted by F.D. Notification No. 525-1386-78-R-I/IV, dated 6.5.78. effective from 14.1.77. 11

Substituted by F.D. Notification No. FA-1-10-73-R-I-IV, dated 25.9.74. 12

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74. 13

Inserted by F.D. Notification No.1667-3441-76-I-IV-, dated 17.12.76. effective from 14.1.77.



14

[Provided that any payment under this sub-rule to a Government servant {other than a Government servant who is governed by the provisions of the Payment of Wages Act 1936 (4) of 1936} shall be restricted to a period of three years immediately preceeding the date on which orders for re-instatement of such Government servant are passed by the Appellate Authority or Reviewing Authority, of immediately preceding the date of retirement on superannuation of such Government servant, as the case may be.]

(5) In a case falling under sub-rule (4), the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the Government servant so desires, such authority may direct that the period of absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement, as the case may be, shall be converted into leave of any kind due and admissible to the Government servant.

Note.- The order of the competent authority under the preceding proviso shall be absolute and no higher sancion shall be necessary to the grant of-

(a) extraordinary leave in excess of three months in the case of temporary Government servant, and

(b) leave of any kind in excess of five years in the case of permanent or quasi-permanent Government servant.

(6) The payment of allowances under sub-rule (2) or sub-rule (4) shall be subject to all other conditions under which such allowances are admissible.

14

Substituted prviso by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74.



(7) 15

[The amount determined under the proviso to sub-rule (2) or under sub-rule (4) shall not be less than the subsistence allowance and other allowances admissible under rule 53.

(8) Any payment made under this rule to a Government servant on his re-instatement shall be subject to adjustment of the amount, if any, earned by him through an employment during the period between the date of removal, dismissal or compulsory retirement, as the case may be, and the date of re-instatement. Where the emoluments admissible under the rule are equal to or less than the emoluments earned during the employment elsewhere, nothing shall be paid to the Government servant.

F.R. 54-A.- (1) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by a Court of Law and such Government servant is re-instated without holding any further enquiry, the period of absence from duty shall be regularised and the Government servant shall be paid pay and allowance in accordance with the provisions of sub-rule (2) or (3) subject to the directions, if any, of the court.

16

[(2) (i) Where the dismissal, removal or compulsory retirement of a Government servant is set aside by the Court solely on the ground of non-compliance with the requirements of the clause (2) of Article 311 of the Constitution, and where he is not exonerated on merits, the Government servant shall subject to the

provision of sub-rule (7) of rule 54, be paid such 17

[amount (not being the whole) of the pay and allowances to which he would have been entitled had he not been dismissed, removed or compulsorily retired or suspended prior to such dismissal, removal, or compulsory retirement, as the case may be, as the competent authority may determine, after giving notice to the Government servnat of the quantum proposed and after considering the

15



Inserted by F.D. Notification No.1667- 3441-76-R-I-IV, dated 17.12.76.



representation, if any, submitted by him in that connection, within

such period, 18

[which in no case shall exceed sixty days from the date on which the notice has been served as may be specified in the notice:

Provided that any payment under this sub-rule to a Government servant other than a Government servant who is governed by the provisions of Payment of Wages Act, 1936 (4 of 1936) shall be restricted to a period of three years immediately preceding the date on which the judgement of the court was passed or the date of retirement on superannuation of such Government servant, as the case may be.

(ii) The period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be and the date of judgement of the court shall be regularised in accordance with the provisions contained in sub-rule (5) of Rule 54.]

(3) If the dismissal, removal, or compulsory retirement of a Government servant is set aside by the Court on the merits of the case, the period intervening between the date of dismissal, removal or compulsory retirement including the period of suspension preceding such dismissal, removal or compulsory retirement, as the case may be, and the date of re-instatement shall be treated as duty for all purposes and he shall be paid the full pay and allowances for the period to which he would have been entitled, had he not been dismissed, removed or compulsorily retired, as the case may be.

(4) The payment of allowances under sub-rule (2) or sub-rule (3) shall be subject to all other conditions under which such allowances are admissible.

(5) Any payment made under this rule to a Government servant on his re-instatement shall be subject to adjustment of the

18

Inserted by F.D. Notification No.1667- 3441-76-R-I-IV, dated 17.12.76.



amount if any, earned hy him through an employment during the period between the date of dismissal, removal or compulsory retirement and the date of re-instatement. Where the emoluments admissible under this rule are equal to or less than those earned during the employment elsewhere, nothing shall be paid to the Government servant.

F.R. 54-B. (1) When a Government servant who has been suspended is re-instated or would have been so re-instated but for his retirement on superannuation while under suspension, the authority competent to order re-instatement shall consider and make specific order-

(a) regarding the pay and allowances to be paid to the Government servant for the period of suspension ending with re-instatement or the date of his retirement on superannuation, as the case may be, and

(b) whether or not the said period shall be treated as a period spent on duty.

(2) Notwithstanding anything contained in rule 53, where a Government servant under suspension dies before the disciplinary or court proceedings instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as duty for all purposes and his family shall be paid the full pay and allowances for that period to which he would have been entitled had he not been suspended, subject to adjustment in respect of subsistence allowance already paid.

(3) Where the authority competent to order re-instatement is of the opinion that the suspension was wholly unjustified, the Government servant shall subject to the provisions of sub-rule (8), be paid the full pay and allowances to which he would have been entitled had he not been suspended:

Provided that where such authority is of the opinion that the termination of the proceedings instituted against the Government



servant had been delayed due to reason directly attributable to the Government servant it may, after giving him an opportunity to make

his representation 19

[within 60 days from the date on which the communication in this regard is served in him] and after considering the representation, if any, submitted by him direct, for reasons to be recorded in writing that the Government servant shall be paid for

the period of such delay only such 20

[amount (not being the whole)] of such pay and allowances as it may determine.

(4) In a case falling under sub-rule (3) the period of suspension shall be treated as a period spent on duty for all purposes.

(5) In cases other than those falling under sub-rules (2) and (3) the Government servant shall subject to the provisions of sub-

rules (8) and (9) be paid such 21

[amount (not being the whole) of the full pay and allowances] to which he would have been entitled had he not been suspended, as the competent authority may determine, after giving notice to the Government servant of the quantum proposed and after considering the representation,if any,

submitted by him in that connection within such period 22

[which in no case shall exceed sixty days from the date on which the notice has been served as may be specified in the notice.

(6) Where suspension is revoked pending finalisation of the disciplinary or court proceedings, any order passed under sub-rule (1) before the conclusion of the proceedings, against the Government servant, shall be reviewed on its own motion after the conclusion of the proceedings by the authority mentioned in sub-rule (1) who shall make an order according to the provisons of sub-rule (3) or sub-rule (5) as the case may be.

19

Inserted by F.D. Notification No. 525-1386-R-II-IV-, dated 6.5.78. effective from 14.1.77. 20



Substituted by F.D. Notification No.1667-2441-76-R-I-IV, dated 17.12.76.



(7) In a case falling under sub-rule (5) the period of suspension shall not be treated as a period spent on duty, unless the competent authority specifically directs that it shall be so treated for any specified purpose:

Provided that if the Government servant so desires, such authority may order that the period of suspension shall be converted into leave of any kind due and admissible to the Government servant.

Note.- The order of the competent authority under the preceding proviso shall be absolute and no higher sanction shall be necessary for the grant of-

(a) extraordinary leave in excess of three months in the case of temporary Government servants; and

(b) leave of any kind in excess of five years in the case of permanent or quasi-permanent Government servant.

(8) The payment of allowances under sub-rule (2), sub-rule (3) or sub-rule (5) shall be subject to all other conditions under which such allowances are admissible.

(9) The amount determined under the proviso to sub-rule (3) or under sub-rule (5) shall not be less than the subsistence allowance and other allowances admissible under rule 53.

G.I.O. 1 Fundamental Rule 54 permits revising or an appellate authorty to convert a period spent under suspension into one of leave.

[G.I.F.D, letter No. F-47-C.S.R. 27, dated the 14th Febreaury 1927]

G.I.O. 2. A Government servant was dismissed from service on 8th March 1927 and on appeal, was reinstated with effect from 27th October, 1927. The appellate authority declared under Fundamental Rule 54, that the period of un-employment between



the dates of dismissal and reinstatement should be treated as spent on duty and allowed to count for leave and increments. As there was no post against which the lien of the Government servant could be shown for the period of dismissal, the question arose whether in the absence of lien on a permanent post the period of unemployment could count for leave or increments. It was decided that Fundametal Rule 54 is absolute and unconditional and that it could not be absolute if the condition of "lien" had first to be satisfied.

[G.I.F.D., No.F-28-R-I-28, dated 5-4-1928]

L.G.O. 1. A permanent post vacated by the dismissal, removal or compulsory retirement of a Government servant should not be filled substantively until the expiry of the period of two years from the date of such dismissal, removal or compulsory retirement, as the case may be. Where on the expiry of the period of two years, the permanent post is filled and the original incumbent of the post is reinstated thereafter, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post belonged. If there is no such vacant post he should be accommodated against a supernumerary post which should be created in this grade with proper sanction and with the stipulation that it would be terminated on the occurrence of the first substantive vacancy in that grade.

[F.D. memo No. 1368-18-IV-R-I, dated 26-6-1961.]

L.G.O. 2. When the orders of suspension or dismissal of a Government servant are reversed by an appellate authority, the Government servant should be treated as though he was on duty during the period intervening between the date of his suspension or dismissal and reinstatement. The arrangement already made during the period of the Government servant's unemployment should stand and it should be reversed only from the date of his joining his duties on reinstatement.



L.G.O. 3. 23

[Deleted]

F.R. 55. Leave may not be granted to a Government servant under suspension.

G.I.O. The Government of India have decided that Fundamental Rule 55 does not debar an appellate authority which rescinds the order of suspension passed in case from converting the period of suspension into one of leave. The Government of India have however held that the case must be dealt with under Fundamental Rule 54 which covers all cases in which an order of suspension or dismissal is on reconsideration or appeal held to be not wholly justifiable. Sub-clause (b) of Fundament Rule 54 does not forbid the period spent under suspension being regarded as leave and it is open to the revising or appellate authority to prescribe as the proportion of pay and allowances to be paid the leave salary which would be permissible if the Government servant were on leave.

[G.I.F.D.,letter No. F. 47-CSR-27, dated 14-2-1927]

23

Deleted by F.D. Notification No.1501-2769-84-R-I-IV, dated 13.8.84.

Leave to a suspended Government servant.

Conversion of suspension into leave.


CHAPTER IX COMPULSORY RETIREMENT 1 of 2

CHAPTER IX COMPULSORY RETIREMENT

F.R. 56.1

[(1) Subject to the provisions of sub-rule (3) every Government servant other than a class IV Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty-eight years:

Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of fifty-eight years:

Provided further that scientific, technical and other personnel having speical or expert knowledge in any field may, with the sanction of competent authority, be given extension of service beyond the age of fifty-eight subject of their physical fitness and suitability for work; but such extension shall not ordinarily beyond the age of sixty years.]

2

[(1-a) Subject to the provisions of sub-rule (3), every Government teacher shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:

Provided that a Government teacher whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.]

3

[Explanation.- For the purpose of this sub-rule "Teacher" means a Government servant, by whatever designation called, appointed for the purpose of teaching in an educational institution run by the Government including technical or medical education institution in accordance with the recruitment rules applicable to such appointment and shall also include the teacher who is appointed to an administrative post by promotion or otherwise and who has been engaged in teaching for not less than twenty years

1Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3 76. effective from 1.4.76.

2Inserted by F.D. Notification No.1758/3471/84/R-I/IV, dated 28.9.84.effective from 5.9.84.

3Substituted by F.D. Notification No.377/1756/87/R-I/IV, dated 22.7.87effective from 5.9.85.

Age of superanuuation.


CHAPTER IX COMPULSORY RETIREMENT 2 of 2

provided he holds a lien on a post in the concerned School/Collegiate/Technical/Medical education service.]

4

[(2) A class IV Government servant shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years:

Provided that a Government servant whose date of birth is the first of a month shall retire from service on the afternoon of the last day of the preceding month on attaining the age of sixty years.]

5

[(3) (a) A Government servant may, in the public interest be retired at any time after he attains the age of fifty-five years without assigning any reason by giving him a notice in writing.

(b) The period of such notice shall be three months:

Provided that such Government servant may be retired forthwith and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances for the period of the notice at the same rates at which he was drawing them immediately before his retirement or as the case may be, for the period by which such notice falls short of three month.]

F.R. 57 [Deleted]

4Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3.76 effective from 1.4.76.

5Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3.76 effective from 1.4.76.


CHAPTER X LEAVE 1 of 1

CHAPTER X LEAVE

F.R. 58 to 104.- [Deleted]

[Finance department Notification No. G-22/6/94/C/IV, dated 29.3.96]

See M.P. Civil Service (leave) Rule 1977


CHAPTER XI JOININIG TIME 1 of 1

CHAPTER XI JOININIG TIME



See M.P. Civil Service (Joining Time) Rule 1977


CHAPTER XII FOREIGN SERVICE 1 of 16

CHAPTER XII FOREIGN SERVICE

F.R. 109. The rules in this chapter apply to those Government servants only who are transferred to foreign service after these rules come into force. Government servants transferred previously will remain subject to the rules in force at the time of transfer.

G.I.O. 1 This rule which contains regulation relating to foreign service applies to those Government servants only who are transferred to foreign service after the 1st January, 1922 those transferred previously remaining subject to the rules in force at the time of transfer. Government servants of the latter class are, however, entitled to take the benefit of the new leave rules, and will be adjudged to have elected to do so if they do not exercise the option given by Fundamental Rule 58. To cover cases in which such Government servants come under the new leave rules, the Government of India rule.-

(i) that their pay in foreign service shall be treated as pay for the purpose of calculating leave-salary; and

(ii) that the existing obligation of foreign employers to pay a portion of leave allowance during privilege leave shall be held to continue during the first four months of any period of leave on average pay.

[G.I.F.D.,Resolution No. 35-E.B., dated the 18th January 1922.]

G.I.O. 2. The orders in Resolution No. 35-E.B., dated the 18th January, 1922 above, were not intended to place officers who were transferred to foreign service before the 1st January, 1922, and who have elected to come under the new leave rules in a better position in the matter of leave-salary than those transferred to foreign service subsequently. What was intended is that the principle of the rule in Fundamental Rule 116 should be applied to both classes of officers. The expression "their pay in foreign service" in clause (1) in the resolution should therefore be taken as

Foreign service rules, extent of application.

Scope of rule.

Scope of the term "their pay in foreign service."



meaning " the pay drawn in foreign service less such part of it as may be paid as contribution.".

In the case of officers who are exempted from the payment of contribution leave-salary should be based on the actual pay in foreign service without regard to the contribution which would have been paid but for the exemption.

[G.I.F.D, endorsement No. 1185-E.B., dated the 29th September 1922]

G.I.O. 3. This rule (109) applies only to the original period beginning before and terminating after the 1st January, 1922, for which the services of Government servants were transferred to foreign service. Any further extension should be treated as a fresh transfer and governed by the Fundamental Rules. The same principle will apply as to the date from which the new rates of contribution will apply, as prescribed in Government of India's letter No. 64-E.B., dated the 27th January 1922. The terms of extension commencing after the 1st January 1922, already sanctioned will not be affected by this order unless the foreign employer was specifically warned of the liability to revision.

[G.I.F.D.,letter No. 1391-CSR., dated the 17th August, 1923]

F.R. 110. (a) No Government servant may be transferred to foreign service against his will:

1

[Provided that this sub-rule shall not apply to the transfer of a Government servant to the service of a body, incorporated or not, which is wholly or substantially owned or controlled by the Government.]

(b) A transter to foreign service outside India may be sanctioned by the Governor-General in Council.

1Inserted by F.D. Notification No.1503-R-149-IV---1, dated 18.6.60.

An extension of foreign service to be treated fresh transfer.

Authorities competent to transfer a Government servant to foreign service.



Note- The Government of Madras is authorized to transfer to service in Ceylon any Government servant other than a member of an All India Service.

(c) Subject to any restriction which the Governor-General in Council may be general order impose in the case of transfer to the service of an Indian State, a transfer to foreign service in India may be sanctioned by the Local Government under which the Government servant transferred is serving.

G.I.O. 1.- The Government of India have ruled that the restrictions imposed by or under clauses (b) and (c) of F.R. 110 and sub-rule (2) of rule 45 of the Civil Services (Classification, Control and Appeal) Rules on the powers of the Provincial Government in relation to Government servants under its rule-making control are inconsistent with the new constitution and cannot now be regarded as valid. The Provincial Government is accordingly competent to transfer person under its rule-making control to foreign service outside India without the previous sanction of the Governor-General in Council, and is not bound by the restrictions imposed by him on transfer to the service, of an Indian State. The Government of India and the Crown Representative, however, desire to be consulted beforehand in regard to any request for the loan of the services of Provincial Officers from a foreign country outside the British Empire and of Officers belonging to the Provincial and All-India Services from an Indian State, respectively, in order that they may have an opportunity of considering the proposal from the point of view of their respective responsibilities. The Provincial Government should give full weight to any views which the Government of India or the Crown Representative may express on such consultation.

2. The Governor of a Province, exercising his individual judgement, is under the rule made by the Secretary of State on 14th April, 1942, competent to sanction transfers of Secretary of State's officers serving under the Provincial Government to foreign service outside India and to impose by general order restrictions in the case of transfers of such officers to the service of an Indian State. The



Government of India should however be consulted beforehand in regard to the transferof such officers to foreign service in countries outside the British Empire.

G.I.O. 2. :- The Government of India should be counsulted before any officer of the Indian Medical Service is transferred to foreign service.

[Government of India, Department of Education, Health and Lands letter No. F-5-12-35-H, dated the 18th April, 1936]

A.G.I. 1. For the purpose of the Foreign Service Rules, Nepal should be treated as outside India. This decision takes effect from the 23rd February, 1927.

A.G.I. 2. The Government which would be entitled to recover pension contribution on behalf of a Government servant lent to foreign service should be regarded as the Local Governmetn competent to sanction his transfer to foreign service for the purpose of Fundamental Rule 110 (c).

L.G.R. 1. A transfer of a Government servant on foreign service from one local body to another is a fresh transfer on foreign service. Each such transfer should accordingly be regulated by Fundamental Rule 110.

L.G.R. 2. Government medical officers employed by local bodies in dispensaries under their management on the terms laid down in paragraphs 6 and 7 of Central Provinces Government Medical Administration and Public Health Department, letter No. C-315-VIII, dated the 8th May, 1923 are treated as on foreign service under F.R. 110.

L.G.R. 3.2

[Deleted].

F.R. 111. A transfer to foreign service is not admissible unless -

2Deleted by F.D. Notification No.175-R-1 IV, dated 10.3.60.

From one local body to another.

Transfer to foreign service, when admissible.



(a) the duties to be performed after the transfer are such as should, for public reasons, be rendered by a Government servant; and

(b) the Government servant transferred holds, at the time of transfer, a post paid from general revenues, or holds a lien on a permanent post, or would hold a lien on such a post had his lien not been suspended.

G.I.O. 1. The Government of India have decided that if in any case a proposal is made that a Government servant should be lent to a private undertaking it is necessary that the principles of F.R. 111(a) should be applied most rigorously and that in general, the loan of a Government officer to a private undertaking should be regarded as a very exceptional case requiring special justification.

[G.I.H.D., letter No. F-358-29 Est., dated the 8th January 1930, copy received with General Administration Department endorsement No. 173-84-IV, dated the 25th January 1930].

G.I.O. 2. The transfer of a temporary Government servant to foreign service is permissible under the above rule.

[G.I.F.D., letter No. F-66-C.S.R., dated the 22nd July 1934]

Rule made by the local Government under rule 4(1) of the Civil Services (Governor's Provinces) Delegation Rules.

The transfer of an officiating Government servant without a permanent post to foreign service is permissible under the above rule.

(The rule has effect from the 9th March, 1926.)

F.R. 112. If a Government servant is transferred to foreign service while on leave, he ceases, from the date of such transfer, to be on leave and to draw leave salary.

Government servants lent to a private undertaking.

Temporary Government servants.

Officiating Government servants.

Transfer to foreign service while on leave.



S.S.O. (i) The Secretary of State has held that the treatment of service in an Indian State in the case of an officer on leave preparatory to retirement on proportionate pension as foreign service (while the time so spent is simultaneously regarded as leave) would not be in accord with the spirit and intentions of the foreign service procedure. He has accordingly decided leave preparatory to retirement on proportionate pension an India, should be treated as being private employment, unless in any special case the circumstances are such that the Government of India think it right to treat the officer as one for whom an alterative carrier has been found by them. In the later case, the officer would not be on leave, the service should be treated as foreign service, counting for pension contribution should be taken from the State concerned, and the proportionate pension should remain in suspense.

(ii) In the case of officers about to retire on ordinary pensions, the Secretary of State has decided as follows :-

(a) in the usual case (e.g. that of an officer, who has reached on is approaching the age of superannuation) the officer, notwithstanding his employment, with the permission of the Government of India, in an Indian State, should be allowed to take any leave which would be admissible to him had he not accepted such employment, and pension contribution should not be required ;

(b) in exceptional cases which in the opinion of the Government of India, justify such a course, acceptance of the employment might be made conditional on the officer remining in their service and being placed on the usual foreign service terms.

[G.I.F.D., letter No. 979-EB, dated 16-8-1922]

(iii) The concession of drawing leave salary during leave preparatory to retirement in addition to pay from an Indian State should not, however, be granted to officers of the Indian Services (1) who retire on proportionate pension, or (2) who retire before reaching the age of superannuation, if they take such leave after

Applicability of foreign service rules to officers accepting employment under an Indian State while on leave preparatory to retirement.

Officers retiring on ordinary pensions.



being offered, or having made arrangements for, employment in a State; in such cases, they should be required either to retire or go on foreign service terms.

[G.I.H.D, letter No. F-61-9-33-Public, dated 9-1-1934].

L.G.R. :- The orders contained in clasue (iii) (2) above apply also to officers of the Madhya Pradesh Provincial and Subordinate Services.

G.I.O. 1.- The concession of drawing leave salary during leave preparatory to retirement in addition to pay from an Indian State referred to in clause (iii) of the above S.S.O. is inadmissible where the following ingredients, occur (i) premature retirement, and (ii) the previous offer, or arrangement, of employment in an Indian State. The concession is however, permissible when the leave is the last leave taken (a) before or after reaching the age of superannuation, except when the officer is already in foreign service when he applies for such leave, and (b) befoe the date on which an officer is compelled to retire from a tenure post under Fundamental Rule 56 (c)(iv)(3).

(It will, however, always be open to the authority concerned, in the exceptional cases contemplated by clause (ii) (b) of the S.S.O., to require that the officer should remain in the service of Government and be placed on the usual Foreign Sservice terms.)

[G.I.H.D., letter No. F-61-9-33-Public, dated the 4th October, 1935]

[G.I.F.D, No. F-61-2-36-Public, dated the 4th June 1936]

G.I.O. 2. The Government of India have decided to accept the suggestions made by the Secretary of State in above S.S.O.

[GIFD., letter No. 602/CSR., dated 26-4-23]

G.I.O. 3. The decision communicated in Government of India, Finance Department, letter No. 602-C.S.R. of the 26th April,



1923 above, should be taken as applying to all foreign service and not only to service in an Indian State.

[G.I.F.D. letter No. 957-CSR., dated 13-6-1928]

G.I.O. 4. The orders contained in the abvove S.S.O. do not apply to officers who are already in foreign service and propose to continue on duty in the service of the same employer, while on leave preparatory to retirement.

[G.I.F.D., letter no. F-1(45)-R-I-31, dated the 21st December, 1931.]

F.R. 113. (i) A Government servant transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his

transfer and may be given 3

[subject to the condition prescribed under the second proviso to Fundamental Rule 30 (1)] such substantive or officiating promotion in those cadres as the authority

competent to order promotion may decide. 4

[In giving promotion such authority shall also take into account the nature of the work performed in foreign service].

(a) the nature of the work performed in foreign service, and

(b) the promotion given to jouniors in the cadre in which the question of promotion arises.

*°[ (ii) Nothing in this rule shall prevent a member of a

subordinate service from receiving such other promotion in Government service as the authority who would have been competent to grant the promotion had he remained in Government service may decide.

3 Inserted by F.D. Notification No.1787-R-213-IV-R-1, dated 4.9.62.

4 Substi tuted by F.D. Notification No. 1787-R-213-IV-R-1, dated 4.9.62.

° * This rule is made by the local Government and his effect from the 9 th June 1986.

Lien of Government servant transferred to foreign service.



F.R. 114. A Government servant in foreign service will draw pay from the foreign employer from the date on which he relinquishes charge of his post in Governments service. Subject to any restrictions which the Governor-General in Council may, by general order, impose the amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the foreign employer.

F.R. 115 5

[Deleted]

F.R. 116 6

[Deleted]

F.R. 117. (a) The rates of pension contribution prescribed under rule 116 will be designed to secure to the Government servant the pension that he would have earned by service under Government if he has not been transferred to foreign service.

(b) The rates of contribution for leave-salary will be designed to secure to the Government servant leave-salary on the scale and under the conditions applicable tohim. In calculating the rate of leave-salary admissible, the pay drawn in foreign service, in the case of Government servants paying their own contributions, such part of pay as may be paid as contribution will count as pay for the purpose of Fundamental Rule 9(2).

Note :- The pay drawn in foreign service, less in the case of Government servant paying their own contribution, such part of pay as may be paid aas contribution, shall count as pay for the purpose of the calculation of average pay under rule 17 of the Revised Leave Rules, 1934, contained in Appendix I, Part II-B.

L.G.R. 1. In calculating the rate of leave-salary during leave taken while on foreign service by a Government servant subject to the leave rules in the Civil Service Regulations the pay drawn by

5 Deleted by F.D. Notification No. IV, dated

6 Deleted by F.D. Notification No. 1 IV, dated.

Date from which pay and allowances are payable by foreign employer.

Liability of Government to pay pension and leave.



him in foreign service, less such part of pay as may be paid by him as contributions, will count as "salary" for the purpose of the relevant leave rules in the Civil Service Regulations.

L.G.R. 2. The rates prescribed for leave-salary contributions have been calculated on the basis of the leave on full and half average pay normally taken by a Government servant during the total period of his service and do not take into account any compensatory allowance, which may form part of leave-salary ad defined in Fundamental Rule 9(12). The whole expenditure in respect of any compensatory allowance for period of leave in or at the end of foreign servie should, therefore, be borne by the foreign employer. In order to avoid any misunderstanding a condition to this effect should be inserted in the terms of transfer to foreign service.

[F.D. Endt. No. 226-5315-R-VI, dated 19-1-1944.]

F.R. 118. :- (Cancelled)

F.R. 119. Subject to any general orders of the Governor-General in Council, a Local Government sanctioning a transfer to foreign service may -

(a) remit the contribution due in any specified case or class of cases; and

(b) make rules prescribing the rate of interest, if any, to be levied on overdue contributions.

L.G.R. In the case of Government Medical Officers transferred to foreign service for employment in dispensaries under the management of local bodies on the terms laid down in paragraph 6 and 7 of Central Provinces Government, Medical Administration and Public Health Department, letter No.-315-VIII, dated the 8th May, 1923, no recovery of contributions towards leave-salary or pension will be made.

S.R. 1. "The recovery of pension and leave-salary contribution from foreign employer in respect of Government

Remission of leave and pension contributions and rate of interest on overdue contributions.



servant on deputation should be recovered once in a year or at the end of the financial year or at the end of the foreign service if the deputation comes to an end before the end of the financial year."

S.R. 2. If any amount due, including interest, is not paid within twelve months of its accrual, the Government servant concerned shall forfeit his claim to pension and leave-salary. In order to revive such claim, the Government servant must first pay the amount due and then represent his case to the Government.

S.R. 3. Interest on overdue contributions will not be remitted, save in exceptional circumstances with the sanction of Government.

F.R. 120. A Government servant in foreign service may not elect to withhold contributions and to forfeit the right to count as duty in Government service the time spent in foreign employ. The contribution paid on his behalf maintains his claim to pension, or to pension and leave-salary, as the case may be, in accordance with the rules of service of which he is member . Neither he nor the foreign employer has any right of propriety in a contribution paid, and no claim for refund can be entertained.

F.R. 121. A Government servant transferred to foreign service may not, without the sanction of a local Government, accept a pension or gratuity from his foreign employer in respect of such service.

F.R. 122. A Government servant in foreign service in India may not be granted leave otherwise than in accordance with the rules applicable to the service of which he is a member, and may not take leave or receive leave-salary from Government unless he actually quits duty and goes on leave.

F.R. 123. (a) A Government servant in foreign service out of India may be granted leave by his employer on such condition as the employer may determine. In any individual case the authority sanctioning the transfer may determine beforehand in consultation with the employer the conditions on which leave will be granted by

Refund of leave and pension contributions.

Pension or gratuity from foreign employer, not to be accepted.

Leave to a Government servant on foreign service in India.

Leave to a Government servant on foreign service out of India.



the employer. The leave-salary in respect of leave granted by the employer will be paid by the employer and the leave will not be debited against the Government servant's leave account.

(b) In special circumstances, the authority sanctioning a transfer to foreign service out of India may make an arrangement with the foreign employer under which leave may be granted to the Government servant in accordance with the rules applicable to him as a Government servant if the foreign employer pays to General Revenue leave contribution at the rate prescribed under Fundamental Rule 116.

F.R. 124. A Government servant in foreign service, if appointed to officiate in a post in Government service, will draw pay calculated on the pay of the post in Government service, on which he holds a lien or would hold a lien has his lien not been suspended and that of the post in which he officiates. His pay in foreign service will not be taken into account in fixing his pay.

F.R. 125. A Government servant reverts from foreign service to Government service on the date on which he takes charge of his post in Government service; provided that, if he takes leave on the conclusion of foreign service before rejoining his post, his reversion shall take effect from such date as the local Government on whose establishment he is borne may decide.

F.R. 126 F.R. 126. When a Government servant reverts

from foreign service to Government service, his pay will cease to be paid by the foreign employer, and his contributions will be discontinue, with effect from the date of reversion.

F.R. 127. When an addition is made to a regular establishment on the condition that its cost, or a definite portion of its cost, shall be recovered from the persons for whose benefit the additional establishment is created, recoveries shall be made under the following rules:-

(a) The amount to be recovered shall be the gross sanctioned cost of the service, or of the portion of the

Pay of Government servant in foreign service when appointed to officiate in a post in Government service.

Date of reversion from foreign service.

Pay and allowances on reversion from foreign service

Regular establishment, the cost of which is payable to Government.



service, as the case may be, and shall not vary with the actual expenditure of any month.

(b) The cost of the service shall include contributions at such rates as may be laid down under Fundamental Rule 116, and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.

(c) A local Government may reduce the amount of recoveries or may entirely forego them.

G.I.O. 1 The Government of India have prescribed the following

procedure which should be adopted in applying the revised rates of contributions

for pension and leave-salary promlgated in Government of India, Finance

Department, Resolution No. 81-R--I-24, dated the 11th February 1929, to cases

falling under Fundamental Rule 127.

(1) Pension Contribution

In the case of members of the I.C.S, the amount to be recovered as

contribution should be the average of the rates prescribed columns 2 and 3 of the

first table in the annexure to Government of India, Finance Department, Resolution

No. F.81-R-I-24, dated the 11th February 1929, and in the case of members of

other Superior Services, the average of the rates laid down in columns 4 and 5 of

that table. In the case of members of Provincial/Subordinate Services, a fraction of

the total maximum monthly pay of the sanctioned posts equal to the average of the

percentages laid down in column 2/3 of the second table in the said annexure should

be levied as contribution.

(2) Contribution for leave-salary

In the case of members of the Superior Services, the rate to be applied in

calculating the amount to be levied as contribution should be the average of the rates

prescribed for officers subject to the special and ordinary leave rules. In the case of

members of Provincial and Subordinate Services, recoveries on account of

contributions of leave- salary should be made by levying the percentages prescribed

in the annexure referred to above on the total sanctioned cost, or i the case of time-

scales of pay on the average cost of all the posts concerned.

[G.I.F.D. letters No. F.-I-XI-R-I-29, dated the 17 June 1929 and No. F.-

I-XI-R-I-29, dated the 4th September 1929.]

Procedure for applying revises rates of contributions.



G.I.O. 2. Contribution for pension and leave-salary in the case of additions

made to regular establishments under article 783, Civil Service Regulations, or

under Fundamental Rule 127, should be made as under:-

(a)The additions made before the 1st August 1913 are subject to the rates

prescribed in the original fifth edition of the Civil Service Regulations, even though

the incumbents may change or any further additions be made to the additional

establishment, vide note 3 to Article 783, Civil Service Regulations.

(b)The rates of contributions applicable to the additions made on or after the 1st

August 1913 and before the 27th January 1922, are those prescribed in Articles

769 and 770 of the reprint of the fifth edition of the Civil Service Regulation,

irrespective of any change of incumbents or further additions to the additional

establishment.

(c)The additions made on or after the 27th January 1922 are subject, up to the 28th

February 1929, to the rates laid down in Government of India, Finance

Department, letters No.64-E.B., dated the 27th January 1922 (G.I.O. 1 below

F.R. 116), and No.F.-81-C.S.R.24, dated the 4th August 1924 (G.I.O.3 below

F.R.116), and thereafter to the rates announced in Government of India, Finance

Department. Resolution No. 81-R-I-24 dated the 11th February 1929 (G.I.O.

below F.R. 116), or any revised rates which may be prescribed from time to time.

(d)In all cases, renewal of sanctions to additions to regular establishments should be

treated as new sanctions.

G.I.O.3.In the case of officers of All -India Services who are eligible for

passage concessions under Schedule IV to the Superior Civil Services Rules and

who form additions to regular establishments under Fundamental Rule 127, an

additional contribution at Rs. 50 per mensem to cover the cost of free passage

should be levied from the parties concerned. This contribution is payable during the

whole period of service in the additional post except that it should not be charged

during leave where-

(a)the leave taken is preparatory to retirement, or

(b)the Government servant concerned will, on return from leave, be given different

duties and not return to the additional post; or

Procedure for applying revised rates of contribution under C. S.R.



(c)the substitute in the additional post, for the Government servant on leave, is

entitled to passage concessions and a contribution for passages is recovered on his

behalf.

[G.I., F.D., letter No. F.1 (16)-R-I34, dated the 9th May 1934.]

L.G.R. In the case of officers eligible for passage concessions under the

Central Provinces Passage Rules who from additions to regular establishments

under Fundamental Rule 127, and additional contribution at Rs. 30 per mensem

should be recovered from the parties concerned to cover the cost of free passages

subject to the exception mentioned in G.I.O..3 above

A.G.I. Principles for the calculation of contributions for leave-salary and

pension.- the words ‘its cost’ in line 2 of F.R. 127 refer to an ‘an addition’ in line 1

of that rule. The underlaying intention of the rule is to recover the cost of the

additional establishment sanctioned. Contributions for leave-salary and pension

livable under clause (b) of this rule should, therefore, be based on the rates of pay,

old and/or revised, as the case may be, on which that establishment is actually

sanctioned irrespective of whether the person employed on the work for which it is

sanctioned is an old or a new entrant.

The criterion for the calculation of contributions for leave-salary and pension

in respect of the additional establishment which is in practice interchangeable with

the main establishment and which carries alternative scales of pay (old or revised),

should be the anticipation at the time of an annual review to be carried out by the

Accountant-General. If at the time of review it is anticipated that the post or posts

will ordinarily be held by old entrants during the year, calculations will be based on

the old rates of pay Evan though, in fact, the post or posts may be held by new

entrants for certain periods of the year. The reverse will be the case if the anticiption

is for new entrants.

[Slip No. 70, 1-842 to the Manual of Audit Instructions (Reprint) and

Accountant-General, C. P.’s un-official memo. No.T.19-495, d. 10-6-43.]





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