Section 2 in Fundamental Rules and Subsidiary Rules
(2)Where the application of any rule in the Fundamental Rules is expressly or by implication limited by the provisions of any section of the Act or by any rule made thereunder, the limitation shall prevail and the rule in the Fundamental Rules shall be subject to such section or rule.Secretary of State's Order. - In exercise of the powers conferred by paragraph (a) of sub-section (3) of Section 241 of the Government of India Act, 1935, the Secretary of State hereby authorises the Governor in the case of persons serving in connection with the affairs of a State to give the directions referred to in the said paragraph, so however, that in giving any such direction, the Governor shall exercise his individual judgement.[Government of India, Finance Department, Notification No. F.l (12)-Ex. 1/37, dated the 17th February, 1938].F.R.3. [Deleted].F.R.4. [Deleted].F.R.5. [Deleted].F.R.5A. The State Government may relax the provisions of rules or orders so made by it in such manner as may appear to it to be just and equitable :Provided that where any such rule or order is applicable to the case of any person, the case shall not be dealt with in any manner less favourable to him than that provided by the rule or order.F.R.6. The State Government may delegate any of it powers to any of its officers subject to any conditions which it may think fit to impose and to such extent as may be required for the convenient and efficient despatch of public business.S.R.1. - The powers delegated by the Government of Assam under the different Fundamental Rules are detailed in Appendix 1.The delegations made in this rule as well as in Subsidiary Rule 4 (3) are subject to the condition that a power may be exercised by an authority to whom it has been delegated in respect of those Government servants only who are under control of that authority :Provided that nothing contained in Appendices 1 and 4 shall operate to restrict the powers conferred upon such authority by any other rules framed under the Act.F.R.7. No power 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 of special order, cases in which its assent 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 by the departments concerned for the orders of the State Government.S.R.2. - The assent of the Finance Department may be presumed to the exercised of any of the powers mentioned in Appendix 2 to the extent therein stated.F.R.8. The powers of interpreting these rules is reserved to the State Government.Note. A Government servant's claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; and to leave by the rules in force at the time the leave is applied for and granted.The expression "claim to leave" includes the earning of the leave, the method of calculation, the admissibility of the leave and its grant. The leave account must be revised as soon as a rule regulating the method of calculation is amended, and subsequent leaves granted according to the amended leave account.
