State of Uttar Pradesh - Act
The U.P. Fundamental Rules
UTTAR PRADESH
India
India
The U.P. Fundamental Rules
Rule THE-U-P-FUNDAMENTAL-RULES of 1931
- Published on 1 January 1931
- Commenced on 1 January 1931
- [This is the version of this document from 1 January 1931.]
- [Note: The original publication document is not available and this content could not be verified.]
Chapter I
Extent of Application1.
These rules may be called the Uttar Pradesh Fundamental Rules. They shall come into force with effect from April 1, 1942.Nothing in these rules shall, however, be construed as affecting or invalidating any rules or orders made, or any rights, privileges or concessions accrued or granted to government servants, or any leave earned by them, or any pay or allowances fixed, under the rules in force immediately before the introduction of these rules, and all rules and orders and all such rights, privileges, concessions, leave, pay and allowances shall continue to remain operative in the same manner as they would have been operative under the said rules and shall, so far as may be, be deemed to have been made, earned or granted under the appropriate provisions of these rules.2.
These rules apply to all government servants the conditions of whose service have been or may be prescribed by the Governor under sub-section (2) (b) of section 241 of the Act.3. and 4.
[* * *]5.
The power to make rules or issue general orders under these rules shall be exercised by the Governor in the manner prescribed by the rules made by him under sub-section (3) of section 59 of the Act.6.
The Governor may delegate to any subordinate authorities under his control, subject to any conditions which he may think fit to impose, any power exercised by him under these rules with the following exceptions: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.Note - For powers delegated under these rules, see Part IV of this volume.8.
[* * *]Chapter II
Definitions9.
Unless there be something repugnant in the subject or context, the terms defined in this chapter are used in the sense here explained:2. For the purpose of calculating the leave salary admissible to government servant recruited on or after 1st January, 1936, the term "average pay" is defined in the explanation given under rule 87-A.
Audit instruction regarding Rule 9 (2)1. According to the definition of "average pay" in this rule the average is to be taken of the monthly pay earned during the 12 complete months immediately preceding the month in which the leave is taken and for this purpose "the 12 complete months immediately preceding" should be interpreted literally. Thus, a government servant who has been on leave from 23rd March, 1922 to 22nd July, 1922, inclusive, is granted leave from 4th February, 1923. His average pay should be calculated on the pay earned for the periods 1st February, 1922 to 22nd March 1922, and 23rd July 1922 to 31st January, 1923. If, however, a government servant happens to be on leave for more than 12 months immediately preceding the date on which he takes leave under the Fundamental Rules, then the average should be taken of the monthly pay earned during the 12 complete months immediately preceding the month in which the leave originally commenced.
1A. A civil government servant belonging to the India Army Reserve of Officers when called to Army service, or such a government servant belonging to the Indian Territorial Force while undergoing training with the force, is not a 'military officer' as defined in Fundamental [Rule 9(16) (b)] [In Part 1 of this Volume.] and in his case 'pay' as defined in Fundamental Rule 9(21) [* * *] does not include 'rank pay' received during the period of his Army service or training. In such cases the pay which the government servant would have received if he had not been called to Army service or training, and not the 'rank pay' actually drawn during the period, should be taken into account for purposes of calculating leave salary based on average pay under the Fundamental Rules.
2. In the case of a government servant on foreign service out of India lasting for more than 12 months who on reversion to Government service immediately takes leave under the Fundamental Rules, the calculation of average pay in respect of leave earned while in Government service should be based on the pay drawn by him during the 12 complete months preceding the month in which he was transferred to foreign service.
3. In the case of government servant of a vacation department, the vacation falling in the period of 12 complete months immediately preceding the month in which leave is taken should be treated as duty under Fundamental Rule 82 (b) and the emoluments drawn by the government servant during the vacation should be treated as pay drawn on duty, and should therefore be taken into account in determining his leave salary during the succeeding leave.
3A. In the case of a government servant of a vacation department both prefixing and suffixing leave to a vacation, the leave-salary for the leave affixed should be calculated on the emolument drawn by the government servant during the twelve complete months preceding the commencement of his leave prefixed to the vacation.
3B. In order to determine the pay which a government servant would have drawn, if on duty in India for the purpose of the proviso to Fundamental Rule 9 (2), vacation should be treated as equivalent of leave on average pay for the purposes of this proviso.
3C. For an interpretation of the expression "pay which the government servant would have drawn if on duty in India" in the proviso to Fundamental Rule 9(2), see paragraph 2 of the Audit Instructions regarding Fundamental Rules 50 and 51.
4. The term "month" in this rule means "calendar month" as in rule 9(18).
5. Any Period of joining time taken either under clause (b) or under clause (c) of rule 105 during the preceding 12 month should be ignored in calculating average pay, as no "pay" is drawn in respect of such joining time.
1. (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 purposes of the Fundamental Rules without any restriction or limitation.
2. Propriety of reckoning leave as 'duty' for the purposes of the Fundamental Rules. - No leave can be treated as duty for the purpose of Fundamental [Rules 61] [In Part I of this Volume.] or for the purpose of any other Fundamental Rule unless the contrary is expressly stated therein.
1. The assistant secretaries to the Government in the Civil and Public Works Secretariat have been declared to be ministerial servants.
2. The Registrar of the Board of Revenue has been declared to be a ministerial government servant if previous to his promotion he was a member of the ministerial establishment of the Board's Office and not a member of the U. P. Civil Service.
3. The Deputy Registrar and the Assistant Registrar of the High Court at Allahabad [ * * * ] have been declared to be ministerial servants.
4. Partition amins have been declared as ministerial servants.
1. Where it is provided in the rules regulating conditions of appointment to any service or post, that the pay of the service or post shall include overseas pay, such overseas pay shall, unless it be otherwise expressly provided in such rules, be drawn only by a member of the service or an incumbent of the post whose domicile at the date of his first substantive appointment to such service or post was elsewhere than in Asia. Provided that no such government servant shall be entitled to overseas pay who, prior to such appointment, has, for the purpose of his appointment to a post under the Government or of the conferment upon him by the Government of any scholarship, emoluments or other privilege, claimed and been deemed to be of Indian domicile.
2. (i) The domicile of a person shall be determined in accordance with the provisions set out in the [schedule] [See pages 503-504 of this Part.] to these rules.
(ii)No government servant who after his appointment to a service or post acquires a new domicile shall thereby lose his right to or become entitled to overseas pay.(iii)A government servant who has been drawing overseas pay in good faith and whose domicile is challenged should receive a personal allowance equal to the amount of overseas pay hitherto drawn, the allowance to be absorbed in increments, from the date when his domicile is questioned, and should continue to enjoy such allowance in the event of an eventual adverse decision.1. If language allowances are lump sum allowances, they will be dealt with under rule 46. If they are recurring payment, they will fall under the head "pay" under rule 9(21).
2. [* * *]
3. Pay drawn by civil government servants belonging to the India Army Reserve of Officers when called to Army Service or those belonging to the Indian Territorial Force while undergoing training with the Force.
See audit instruction no. 1-A regarding Fundamental Rule 9(2).1. No application for the grant of a compensatory personal pay should be entertained unless-
2. The maximum of a grade is definitely fixed as being the maximum pay which it is justifiable to give to a man performing the duties of the post. The fact that one man, owing perhaps to luck in promotion, reaches the maximum of his grade some years before he is due to retire is not in itself a sufficient reason for increasing that maximum by the grant of personal pay. On the other hand, there is every reason why no personal pay should be given, because a man who reaches the maximum of his grade earlier than was intended when the grade was fixed should consider himself fortunate in being able to draw the maximum for so long a period in his service.
1. There is no inter-dependence between special pay and compensatory allowance; they are essentially different. Where the cost of living, for example, would justify the grant to a government servant of a compensatory allowance he should not be rendered ineligible for such allowance simply because he has already been granted special pay in recognition of the duties and responsibilities of the post; and, if the attachment of special pay to a post is justified under the terms of these rules, it should not be subject to reduction because for reasons substantially different a compensatory allowance as defined in rule 9 (5) is subsequently granted.
2. In order that the Accountant General may see whether additions to pay, such as special pay and compensatory allowance, have been correctly classified, the reasons for granting such additions should be briefly recorded in the order conveying the sanction. Where it is not advisable to record the reasons in an open letter the reasons should be communicated confidentially to the Accountant General.
3. The following principles are laid down to govern the grant of special pay:
Chapter III
General Conditions of Service10.
Except as provided by this rule, no person may be substantively appointed to a permanent post in Government service without a medical certificate of health. The medical certificate shall be furnished in such form and should be signed by such medical or other officers as the Governor may, by general rule or order, prescribe. The Governor 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.(This amendment shall be deemed to have come into force on March 17, 1973).Order of the Governor regarding Rule 10Once a person is asked to produce a medical certificate of fitness for entry into Government service and has actually been examined and declared unfit, it is not open to the appointing authority to use its discretion to ignore the certificate that has been produced.(For rules made by the Governor under this rule, see Part III of this volume, Chapter III).11.
Unless in any case it be otherwise distinctly provided, the whole time of a government servant is at the disposal of the Government, 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 the revenues of the State or from a local fund or from the funds of a body, incorporated or not, which is wholly or substantially owned or controlled by the Government.12.
12A.
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.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:14.
(a)The lien of a government servant on a permanent post which he holds substantively shall be suspended if he is appointed in a substantive capacity:14A.
14B.
Subject to the provisions of rule 15, the 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 that lien has been suspended.15. [ [Substituted by Notification No. G-2-1517/X-1981-534 (71)-81, dated 6th November, 1981.]
(a)a government servant may be transferred from one post to another; provided that, except-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 Governor may by order prescribe.17.
1. A government servant will given to draw the pay and allowances 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. The rule does not-however, apply to cases in which it is the recognized practice to pay a government servant at a higher rate for more important duties performed during a part only of a day.
2. [* * *]
Orders of the Governor regarding rule 17(2)The date of commencement of pay of government servants recruited in the United Kingdom on behalf of the Government shall be the date of embarkation for India, subject to their proceeding from the port of disembarkation to take up their duties without avoidable delay.Note 1 - The phrase "without avoidable delay" refers only to delay on the part of the government servant in reporting himself for duty (either at the headquarters of the Government or at the actual place of duty as the case may be) and not to delay caused by the Government deferring the issue of his posting orders either inadvertently or deliberately. The stipulation implied by the phrase should be regarded as fulfilled if the government servant reports for the duty within the period allowed by the joining time rules with only one day for preparation at the port of disembarkation.Note 2 - When a government servant recruited to a service or post under the Government on or after January 1, 1936, is prevented from proceeding at once from the port of disembarkation in India to take up his appointment he should be granted in respect of the period in excess of that mentioned in the preceding note leave on medical certificate on half average or leave on private affairs on half average pay as the case may require provided such leave is admissible to him. If no such leave be admissible, he should be allowed extra-ordinary leave without pay for the period in question. For the purpose of calculating the rate of leave salary, if any, admissible during the leave, the minimum of the Government servant's time-scale of pay (including overseas pay) should be treated as his average pay.18. [ [This amended rule shall be deemed to have come into force w.e.f. 12-9-1989, vide Notification No. G-4-34/X-89-4-83, dated 12-9-1989.]
Unless the Government, in view of the special circumstances of the case, shall otherwise determine, after five years' continuous absence from duty elsewhere than on foreign service in India, whether with or without leave, a government servant ceases to be in Government employ.]18A.
Subject to the provisions of sections 241 (3) (a) and 258 (2) (b) of the Act, a government servants' 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.Chapter IV
Pay19.
The Pay of a government servant shall not exceed the pay sanctioned by a competent authority for the post held by him. No special or personal pay shall be granted to a government servant without the sanction of the Government.20.
In respect of any period treated as duty under rule 9 (6) (b), a government servant may be granted such pay as Government may consider equitable but in no case exceeding the pay which the government servant would have drawn had he been on duty other than duty under rule 9(6) (b).Audit instruction regarding Rule 201. Deleted.
2. The expressions "the pay of his substantive appointment" and "the pay of any officiating appointment" occurring in Fundamental Rule 20, should be taken to mean "the pay which the government servant drew in the post which he held substantively" and "the pay which the government servant drew in the post in which he officiated" respectively. In neither case is there any restriction on the kind of "pay" to be drawn, and the expressions should therefore be held to include special pay, if any which the government servant drew in the post he held substantively or in an officiating capacity.
Orders of the Governor regarding Rule 201. Government servants who belong to the Army in India Reserve of Officers when called up for training will receive the following emoluments:
2.
3. An officer of the Provincial Medical Service, who is in receipt of a special pay at the time of his deputation for training in jail administration, will not be entitled to draw the same during the period of his training except on the production of a certificate from the Director of Medical and Health Services, to the effect that but for his deputation the officer would have continued to draw the special pay.
4. The pay of government servants awarded foreign scholarships who under rule 9(6)(b) are treated as on duty during the tenure of the scholarships, shall be limited to the amount of the scholarship.
Exception - The above order does not apply to government servants who are granted Rockfeller Fellowships. Government servants selected for Rockfeller Foundation Fellowships should, as a rule, be granted the following terms:21.
Time-scale of pay - Rules 22 to 29 inclusive and rule 31 apply to time-scales of pay generally.22. [ [This amended rule shall be deemed to have come into force w.e.f. 1-7-1979, vide Notification No. G-2-692/X-303-81, dated 26-7-1988.]
The initial substantive pay of a government servant who is appointed substantively to a post on a time-scale of pay is regulated as follows:(a)If he holds a lien on a permanent post, other than a tenure post, or would hold a lien on such a post had his lien not been suspended-(i)when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purposes of rule 30) than those attaching to such permanent post, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post;(ii)[ (a) when appointment to the new post does not involve such assumption, of duties and responsibilities of greater importance, he shall draw as initial pay, the stage of the time-scale which is equal to his pay in respect of the old post held by him on regular basis, or, if there is no such stage, the stage next above his pay in respect of the old post held by him on regular basis:Provided that where the minimum pay of the time-scale of the new post is higher than his pay in respect of the post held be him regularly he shall draw that minimum as the initial pay:Provided further that in a case where pay is fixed at the same stage, he shall continue to draw that pay until such time as he would have received an increment in the time-scale of the old post, in cases where pay is fixed at the higher stage, he shall get his next increment on completion of the period when an increment is earned in the time-scale of the new post.(b)On appointment on regular basis to such a new post, other than to an ex-cadre post on deputation, the Government servant shall have the option to be exercised within one month from the date of such appointment, for fixation of his pay in the new post with effect from the date of appointment to the new post or with effect from the date of increment in the old post.](iii)when appointment to the new post is made on his own request under rule 15(a) and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post he will draw that maximum as initial pay.(b)If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial pay the minimum of the time-scale:Provided that where a Government servant holding a post in a temporary or officiating capacity and drawing pay in a pay scale, the maximum of which (exceeds Rs. 1,200 of 1,720 in the scales of pay introduced with effect from August 1, 1972 or July 1, 1979) respectively, or Rs. 2,050 with effect from January 1, 1984 (in respect of scale of pay introduced with effect from July 1, 1979) is appointed or promoted to another post carrying duties or responsibilities of greater importance, his initial pay in the time-scale of the higher post will be fixed at the stage next above the pay drawn in the pay scale, of the lower post. The benefit of pay so fixed is, however, restricted to the period during which the Government servant would have continued to work on the lower post but for his appointment/ promotion to the higher post.Provided, both in cases covered by clause (a) and in cases, other than cases of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), that if he either-1. [Deleted.]
2. When the next increment in the time-scale of either the new or the old post falls due, the government servant should draw the next increment in the time-scale of the new post, and forthwith lose the personal pay and all connexion with the time-scale of his old post. The personal pay is given to a government servant only for the purpose of initial pay and not at any subsequent stage in the new time-scale in which the government servant might draw less pay than he would have drawn had he remained in the old time-scale.
3. [Deleted.]
4. A time-scale may be of recent introduction whereas the cadre or class to which it is attached may have been in existence on a graded scale before the time-scale came into force or it may be that one time-scale has taken the place of another. If a government servant has held substantively or officiated in a post in the cadre or class prior to the introduction of a new scale and has drawn during the period salary or pay equal to a stage, or intermediate between two stages, in the new time-scale, then the initial pay in the new time-scale may be fixed at the salary or pay last drawn and the period during which it was drawn may be counted for increment in the same stage, or if the salary or pay was intermediate between two stages, in the lower stage of that time-scale.
5. The expression "if he holds a lien on a permanent post" occurring in clause (a) of Fundamental Rule 22 should be held to include the lien on a permanent post to which a government servant is appointed in a provisional substantive capacity under Fundamental Rule 14(d), and the expression "substantive pay in respect of the old post" occurring in that rule should be held to include his substantive pay in respect of that provisional substantive appointment. Fundamental Rule 22(a) should therefore be held to permit the substantive pay in respect of a provisional substantive appointment being taken into account in determining his initial pay in another post to which he is appointed. When the initial pay of a government servant in a post is thus fixed, it will not be affected even if during the tenure of his appointment to that post he reverts from his provisional appointment.
Orders of the Governor regarding Rule 221. For the purpose of clause (a) of Fundamental Rule 22, a declaration as to the relative degrees of responsibility of two posts should be obtained from the appointing authority or the Government in the administrative department according as the posts are in the same or different departments.
2. A temporary post on a certain rate of pay (fixed or time-scale) which is converted into a permanent post on the same of a different rate of pay is not the "same post" as the permanent post even though the duties remain the same, In other words in view of rule 9(30) the temporary post is to be regarded as having ceased to exits and to have been replaced by the permanent post. The incumbent of the temporary post is thus entitled only to the pay of the permanent post if it is on a fixed rate of pay or to the minimum pay of the time-scale of the permanent post if it is on a time-scale unless his case is covered by the concession admissible under provisos (1)(ii) and (1)(iii) to rule 22.
22A.
The initial substantive pay of a government servant who is appointed substantively to a post on a time-scale of pay which has been reduced for reasons other than a diminution in the duties or responsibilities attached to posts thereon and who is not entitled to draw pay on the time-scale as it stood prior to reduction, is regulated by rule 22:Provided that-(a)if he is appointed to a post in another service which is reserved for the service to which he belongs, his initial pay shall be fixed at a stage which approximates as closely as possible to the initial pay which he would have drawn in the unreduced scale, and(b)both in cases covered by clause (a) of that rule and in cases, other than those of re-employment after resignation or removal or dismissal from the public service, covered by clause (b), if he either-22B.
22C.
Notwithstanding anything contained in these rules, where a Government servant who does not hold a lien on any permanent post is appointed either in a substantive, temporary or officiating capacity to another post carrying duties and responsibilities of lesser or same importance than those attached to the post held by him, and, in cases not covered by Fundamental Rules, 22, 22-B or 26(c), his initial pay in the time scale of the lower or the equivalent post shall be fixed at the stage arrived at by allowing over the minimum of the time-scale of such post one increment for each completed year of service rendered in the previous post provided that the pay so fixed shall not exceed-23.
1. If the maximum pay of a post is altered with no change the rate of increment and the minimum, the initial pay of the holder of that post should be fixed under rule 22(b) and not under rule 22(a), even though he may be holding the post substantively.
2. This rule applies to an officiating as well as to a substantive holder of a post.
3. The expression "subsequent increment on the old scale" in the proviso to rule 23 should be held to include grade promotion in cases in which a time-scale of pay has been substituted for a graded scale of pay.
Orders of the Governor regarding Rule 23In connection with the application of Fundamental Rule 23 and the Audit Instruction below it, a question was raised whether an official officiating in a higher scale on the date from which different posts on different scales in the same cadre were merged in a common scale, could exercise, under Fundamental Rule 23, the option of retaining his officiating pay in old higher scale when all the posts of the different categories were on the same new scale from that date and no higher responsibility was involved.The Governor has decided that the words "his old pay" occurring in the proviso to the rule should be held to include not only the rate at which the individual was drawing his officiating pay on the crucial date but also the time-scale of pay in which he was drawing that pay. Thus for the period of option the old scale of pay in which he was drawing his officiating pay should be treated as continuing for the individual concerned and since he is entitled to retain his old pay during that period his drawing of that pay under the option need not depend on whether the constructive officiating appointment after the crucial date does or does not involve the assumption of duties and responsibilities of greater importance. The option, however, ceases to operate once the individual concerned constructively ceases to officiate in the post or ceases to draw pay in the particular scale in which he was drawing the officiating pay.Both the substantive part of Fundamental Rule 23 and its proviso cannot be operative at one and the same time. For the period during which the option exercised under the proviso operates, the substantive portion of the rule remains inoperative. Failure to exercise the option from whatever cause entails forfeiture of the benefit of the rule.24.
An increment shall ordinarily be drawn as a matter of course unless it is withheld. An increment may be withheld from a government servant by the Government, or by any authority to whom the Government may delegate this power under rule 6, if his conduct has not been good or his work has not been satisfactory. In ordering the withholding of an increment, the withholding authority shall state the period for which it is withheld, and whether the postponement shall have the effect of postponing future increments.25.
Where an efficiency bar is prescribed in a time-scale the increment next above the bar shall not be given to a government servant without the specific sanction of the authority empowered to withhold increments.Orders of the Governor regarding Rule 251. On each occasion on which a government servant is allowed to pass an efficiency bar which had previously been enforced against him, he should come on to the time-scale at such stage as the authority competent to declare the bar removed may fix for him, subject to the pay admissible according to his length of service.
2. The cases of all persons held up at the efficiency bar should be reviewed annually by the withholding authorities with a view to determine whether the quality of their work has improved, and generally whether the defects for which they were stopped at the bar have been remedied to an extent sufficient to warrant the removal of the bar.
26. [ [Substituted by Notification No. G-2-1253/X-316-73, dated 24th June, 1978 (w.e.f. 1-4-1978).]
The following provisions prescribe the conditions on which service counts for increments in a time-scale:1. A period of overstayal of leave does not count towards increments under the Fundamental Rules.
2. If a probationer is confirmed at the end of a period of probation exceeding twelve months, he is entitled to claim retrospectively the increments which, but for his probation, he would have received in the ordinary course.
3. In the case of a government servant who, while officiating in one post, is appointed to officiate in another, the period of joining time spent in proceeding from one post to the other should be treated as duty in the post, the pay of which the government servant draws during the period and will count for increment in the same post under clause (a) of the rule.
4. In the case of a government servant who, while officiating in a post, proceeds on training or to attend a course of instruction and who is treated as on duty while under training, the period of such duty will count for increment in the post in which he was officiating prior to his being sent for training or instruction if he is allowed the pay of the officiating post during such period.
5. Although joining time taken under Fundamental Rule 105 (b) and (c) is treated as duty under Fundamental Rule 9(6)(a)(ii), it cannot be treated as duty for the purposes of increment in an officiating post inasmuch as only leave-salary is drawn for the period. This restriction will not, however, apply to the joining time under sub-clause (i) of rule 105 (b), provided the leave on average pay/earned leave plus joining time availed of does not exceed 4 months/120 days and it is certified that the government servant would have continued to officiate but for his proceeding on leave and joining time.
27.
An authority may grant a premature increment to a government servant on a time-scale of pay if it has power to create a post in the same cadre on the same scale of pay.Orders of the Governor regarding Rule 27The authorities subordinate to the Government to whom power has been delegated to create temporary posts subject to certain limitations regarding rates of pay, period, etc. can under the above rule grant premature increments to holders of temporary posts created by them. Under rule 7, however, the Government have decided that such subordinate authorities as have been empowered to create temporary posts shall not grant premature increments to the holders of such posts unless they are specially authorized by the Government to do so and then only to such extent as may be specified by the Government.28.
The authority which orders the transfer of a government servant as a penalty from a higher to a lower grade or post may allow him to draw any pay, not exceeding the maximum of the lower grade or post, which it may think proper:Provided that the pay allowed to be drawn by a government servant under this rule shall not exceed the pay which he would have drawn by the operation of rule 22 read with clause (b) or clause (c), as the case may be, of rule 26.Orders of the Governor regarding rule 28There is nothing in these rules to prevent a reduction of pay from a higher to a lower stage in the same time-scale as a disciplinary measure.29.
1. Normally even in cases of reduction to a lower grade or post, the period of punishment should be specified and, if this is not done for some exceptional reasons, those reasons must be recorded in writing by the authority ordering the reduction.
2. (a) Every order passed by a competent authority imposing on a government servant the penalty of reduction to a lower stage in a time-scale should indicate:
3.
1. The change from rupee to sterling overseas pay, or the grant of an increased rate of sterling overseas pay, should be regarded as an increment and should, therefore, not take effect if a government servant is debarred by the stoppage of an increment from drawing the corresponding rate of rupee basic pay.
2. Having regard to the principle underlying Fundamental Rule 29, the question as to whether an increment falling due during the period of reduction should or should not be allowed is one necessarily to be decided with reference to the exact terms of the orders of the punishing authority. If the Audit Officer feels any doubt about the intention underlying the orders of the punishing authority, he has simply to ascertain it and act accordingly.
29A.
Where an order of penalty of withholding of increment of a government servant or his reduction to a lower grade or post, or to a lower time-scale, or to a lower stage in time-scale, is set aside or modified by a competent authority on appeal or review, the pay of the government servant shall, notwithstanding anything contained in these rules, be regulated in the following manner:30.
Pay of officiating government servants:1. Lower subordinates.
2. Deputy revenue officers, ziladars and amins*,
Forest DepartmentRangers, deputy rangers, foresters and forest guards.Revenue Department1. Tahsildars and naib-tahsildars*.
2. Superintending kanungos*.
3. Supervisor kanungos*.
4. Patwari school teachers and assistant teachers*.
5. Kurk Amins.
Agriculture Department1. Subordinate agriculture service*.
2. Fieldmen*.
Registration Department1. Sub-registrars*.
Police Department1. Inspectors and sub-inspectors*.
2. Head constables.*
3. Sergeants*.
Education Department1. Drill instructors in the Government High and Normal Schools.
2. Teachers of model schools (boys)*.
II. The following orders do not apply to posts which are organized on a time-scale basis. Their application is restricted to the other posts which the Government have exempted from the operation of rule 30. In the case of posts in which time-scales of pay have been introduced for new entrants, the restriction to the drawal of full officiating pay admissible under the rules will apply only to government servants eligible for the old rates of pay on substantive promotion to such posts. If the officiating promotion from one exempted post to another involves the assumption of duties and responsibilities of greater importance than those attaching to the post on which the government servant holds a lien or would hold a lien had his lien not been suspended under rule 14, the officiating pay will be that admissible under rule 31, and will not be subject to the restrictions laid down in these orders. For example, when a forester officiates as deputy ranger, a deputy ranger as ranger, a clerk as head clerk, head assistant or office superintendent, full officiating pay admissible under the rules will be given; but when a forest ranger of one grade officiates as forest ranger in a higher grade, a deputy ranger officiates in a higher grade of deputy rangers, the officiating pay will be subject to the restrictions laid down in these orders.Note - Full officiating pay calculated under rule 31 is, however, not permissible to persons entitled to the old rates in cases where different posts on different rates or progressive scales of pay have been merged into a single time-scale for new entrants. In such cases also the officiating pay will be regulated under the provisions of Paragraphs IV and V below.III. (a) A government servant without a substantive post on a permanent establishment appointed to officiate in a post carrying fixed pay or a progressive rate of pay, as explained in Paragraph V below, well draw the full officiating pay admissible under rule 31 provided that if the fixed pay or the minimum of the progressive scale is not less than Rs. 100 per mensem, the officiating pay will ordinarily be equal to half the pay or half the minimum pay to the post.1. post on Rs. 250-10-350.
3. posts on Rs. 200-10-250.
5. posts on Rs. 150-10-200.
8. posts on Rs. 120-6-150.
10. posts on Rs. 90-6-120.
10. posts on Rs. 65-5-90.
37. posts (all of which are in the same cadre).
(i)A government servant whose substantive pay is progressive and who officiates in a post of which the pay is fixed, is entitled to an additional pay calculated under Paragraph IV above as if his substantive pay were a fixed one equal to the amount at which from time to time it stands.(ii)A government servant whose substantive pay is fixed and who officiates in a post of which the pay is progressive, is entitled to an additional pay calculated under Paragraph IV above, upon the pay to which he would from time to time have risen if he had held the officiating post substantively.(iii)The pay of a government servant whose substantive pay is progressive and who officiates in a post of which the pay is progressive is regulated as follows:(a)He draws his substantive pay with increments as they fall due.(b)He also draws the additional pay to which he would be entitled under Paragraph IV above if the substantive and officiating posts were both on fixed pay equal to the minimum of the respective posts.Note - (1) The maximum limit of pay admissible under this clause is the substantive pay of the officiating servant or the pay in the officiating post to which he would have risen if his officiating tenure had been substantive, whichever is greater.31.
1. The pay of a government servant officiating in a post the pay of which is subject to increase upon the passing of an examination or upon the completion of a certain period of service is the pay which he would from time to time receive if he held the post substantively.
2. The pay of a government servant officiating in a post the pay of which has been reduced with effect from the next succession thereto is the reduced pay.
3. [Deleted.]
4. [Deleted.]
5. Under this rule read with Fundamental Rule 22, a government servant who has no substantive post under the Government and who is appointed to officiate in a post on a time-scale of pay, may count all periods of past non-continuous officiating service in any stage of the time-scale for increments in that stage. A competent authority may, however, in exercise of his powers under rule 35, order that in case of persons having no substantive post under the government, past non-continuous officiating service shall not count for increments.
Orders of the Governor regarding Rule 311. Under this rule, the title of a government servant officiating in a post carrying a time-scale (or progressive rate) of pay to the presumptive pay of the post is always subject to the provisions of rule 30. According to the latter rule, where the officiating appointment does not involve the assumption of duties and responsibilities of greater importance than those attaching to the post on which the government servant holds a lien or would hold a lien had his lien not been suspended, it is not permissible for him to draw pay higher than his substantive pay in respect of a permanent post. In other words, while these rules are not prohibitive in respect of officiating promotions in such circumstances they restrict the officiating pay to the substantive pay, from time to time, of the government servant concerned. This means that the government servant will continue to draw from time to time the pay which he would have drawn in his substantive appointment, and will not be allowed increments in the scale of the pay of the post in which he officiates, but only such increments as would have fallen due to him in his substantive post.
The case of a government servant without a lien on a permanent post and therefore, having no substantive pay in respect of such a post, is different. Rule 30 being inapplicable in such a case, full presumptive pay is admissible exclusively under this rule (rule 31) read with rule 22(b) unless in any individual case it is fixed by the competent authority under rule 35 at an amount less than that admissible under the above rules or unless the post to which the officiating appointment is made carries a fixed pay or a progressive rate of pay and the officiating pay is regulated by Paragraph III of the orders of the Governor under the first proviso to rule 30(1).2. Where an increment in the substantive post of a government servant falls due during a period of leave and the refixation of officiating pay under clause (2) of the rule is to the advantage of the government servant and if the period of leave counts for increment in the officiating post either under Fundamental Rule 26(bb) or 26(b), subject to the fulfilment of the conditions and production of the necessary certificates, his officiating pay may be refixed under the above clause (2) from the very date of increment or increase in substantive pay as if he was appointed to officiate in that post on that date. The benefit of the increase in officiating pay can be had by him only from the date of resumption of duties but his next increment in the officiating post will accrue to him from an earlier date in the next year calculated with reference to the date of refixation of pay.
If, however, the period of leave does not count for increment in the officiating post, the government servant loses all connections with that post during that period and he will be entitled to get his officiating pay refixed only from the date he returns from leave in which case the next increment will fall due only after completion of prescribed period of duty from the date of resuming charge unless he becomes entitled to refixation of pay under Fundamental Rule 31(2) once again from an earlier date.32.
[* * *]33.
When a government servant officiates in a post the pay of which has been fixed at a rate personal to another government servant, the Government may permit him to draw pay at any rate not exceeding the rate so fixed or if the rate so fixed be a time-scale, may grant him initial pay not exceeding the lowest stage of that time-scale and future increments not exceeding those of the sanctioned scale.Audit instructions regarding Rule 33l. This rule prescribes the initial rate of pay of a government servant officiating in a post the pay of which has been fixed at a rate personal to another government servant. If the pay thus personally fixed is on a time-scale, it is not intended that an officiating incumbent should be debarred from drawing increments in that time-scale according to the ordinary rules.2. If a government servant, who is personally qualified to draw overseas pay, is appointed to officiate in a post on a time-scale the pay of which is fixed personally for the substantive holder of the post and includes sterling overseas pay, the lowest stage in the time-scale, for the purposes of Fundamental Rule 33, is the minimum of the time-scale, plus the sterling overseas pay included in the pay fixed personally for the substantive holder of the post. A local government is, therefore, competent to grant to such officiating government servant the sterling overseas pay included in the pay fixed personally for the substantive holder of the post.
34.
[* * *]35.
The Government may fix the pay of an officiating government servant at an amount less than that admissible under these rules.Audit instructions regarding Rule 351. One class of cases falling under this rule is that in which a government servant merely holds charge of the current duties and does not perform the full duties of the post.
2. When a government servant is appointed to officiate in a post on a time-scale of pay but has his pay fixed below the minimum of the time-scale under Fundamental Rule 35, he must not be treated as having effectually officiated in that post within the meaning of Fundamental Rule 22, or having rendered duty in it within the meaning of Fundamental Rule 26. Such a government servant, on confirmation, should have his initial pay fixed under Fundamental Rule 22(b) and draw the next increment after he has put in duty for the usual period required calculated from the date of his confirmation.
36.
Officiating appointment or arrangement may be made in place of government servants who are treated as on duty under rule. 9(6)(b) subject to such general or special orders as the Governor may issue.Orders of the Governor under Rule 361. Officiating appointment or arrangement may be made in the place of government servants who have joined the Army in India Reserve of Officers when they are sent for training and who under the orders issued in G. O. no. 96/III-359, dated the 25th January, 1928, are treated during the period of training as on duty. The additional cost involved will be charged on the revenue of the State.
1A. Officiating promotions may be made in place of government servants who are called up for military duty in the circumstances mentioned in the orders of the Governor regarding Fundamental Rule 9(6)(b)(i).
2. The order of the Governor under this rule allowing officiating appointment or arrangement in place of a government servant who is treated as on duty during his period of training carries with it the consent of the Government to any increase over the sanctioned strength without the formal creation of a temporary post.
37. Personal pay.
- Except when the authority sanctioning it orders otherwise, personal pay shall be reduced by any amount by which the recipient's pay may be increased, and shall cease as soon as his pay is increased by an amount equal to his personal pay.38. Pay of official members of the Indian Legislature.
- A government servant nominated as a member of the Central Legislative Assembly or the Council of State shall receive, while serving on the Assembly or the Council, the pay which he would from time to time have drawn had he not been so serving. He shall receive, in addition, such travelling allowance as the Government may fix.Audit instruction regarding Rule 38When a government servant is nominated as a member of the Central Legislative Assembly or the Council of State, it is permissible for the local Government to create a temporary post for the period of his absence from his headquarters and to appoint him thereto. Officiating arrangements can then be made under the ordinary rules for the performance of the regular duties at his permanent headquarters.39. Pay of temporary posts.
- When a temporary post is created which may have to be filled by a person not already in Government service, the pay of the post shall be fixed with reference to the minimum that is necessary to secure the services of a person capable of discharging efficiently the duties of the post.Note - Model forms of agreement for employing government servants on contract are contained in Part III-Appendix B-of this handbook.40.
When a temporary post is created which will probably be filled by a person who is already a government servant its pay should be fixed with due regard to-1. There is a tendency to sanction enhanced pay for all posts temporarily created without sufficient regard to the provisions of this rule. Government, therefore, deem it expedient to lay down the following procedure to be observed in fixing the pay of temporary posts.
2. Temporary posts may be divided into two categories - (1) posts created to perform the ordinary work for which permanent posts already exist in a cadre, the only distinction being that the new posts are temporary and not permanent, and (2) isolated posts created for the performance of special tasks unconnected with the ordinary works which a service is called upon to perform. An example of the latter type of post would be a post on a commission of enquiry. The former class of post should be considered to be a temporary addition to the cadre of a service whoever may be the individual appointed to the post. The latter class of temporary posts should be considered as unclassified and isolated ex-cadre posts.
3. Temporary posts which by this criterion should be considered as temporary additions to the cadre of a service should be created in the time-scale of the service ordinarily without extra remuneration. Incumbents of these posts will therefore draw their ordinary time-scale pay. If the posts involve decided increase in work and responsibility in comparison with the duties of the parent cadre generally, it may be necessary to sanction a special pay in addition. In deciding the question whether special pay in a temporary post is justifiable, regard should be had to the principles governing the grant of special pay laid down in the order under rule 9(25), while special pay should in no case exceed, without the special sanction of the Finance Department, one-fifth of substantive pay excluding overseas pay or Rs. 10 a day whichever is less.
4. For isolated ex-cadre posts it may occasionally be desirable to fix consolidated rates of pay. Where, however, the post is to be held by members of a service it will ordinarily be preferable also to create the post in the time-scale of the holder's service. The observations contained in paragraph 3 above will apply with equal force to the grant of special pay over and above the ordinary time-scale in such a case.
41.
[* * *]42.
[* * *]43.
[* * *]Chapter V
Additions to Pay44. Compensatory allowances.
- Subject to the general rule that the amount of a compensatory allowance should be so fixed that the allowance is not on the whole a source of profit to the recipient, the conditions under which such allowances may be sanctioned and the amounts which may be so paid to government servants, shall be regulated by such rules and orders as the Governor may issue.(For rules made by the Governor under this rule, see the rules in Part III of this Volume, Chapter III-A.)Audit instructions regarding Rule 441. No revision of claims of travelling allowance is permissible in cases where a government servant is promoted or reverted or is granted an increased rate of pay with retrospective effect in respect of the period intervening between the date of promotion or reversion or grant of increased rate of pay, and that on which it is notified, unless it is clear that there has been an actual change of duties.
2. A government servant transferred from one State to another will draw travelling allowance for the journey according to the rules in force at the time of transfer in the State to which he is transferred.
3. Hill allowances fall under "Compensatory allowances."
Note - The order of the Governor reproduced under rule 9 (25) regarding the correct classification of additions to pay applies also to the grant of compensatory allowances.Order of the Governor regarding Rule 441. Every sub-inspector who is selected from the general cadre to undergo a special course of training for appointment as reserve inspector, will be entitled, during the period of the training and up to the date of his confirmation as reserve inspector, but not during any period during which he may officiate as reserve inspector, to the compensatory allowances which he was drawing as sub-inspector, provided that he will be entitled to the compensatory allowances only if he actually incurs in expenditure which the compensatory allowances are intended to meet.
2. The Sub-Inspectors of the Police Department nominated to the Reserve Sub-Inspectors Course will be allowed with effect from November 4, 1968 a compensatory allowance of Rs. 15 (rupees fifteen) per month only per person for the entire period of their training of nineteen months, viz. six months at the A. T. C., Sitapur and one month at the P. M. T. Workshop, Sitapur and twelve months under a Reserve Inspector. They will continue to draw such other compensatory allowances as they were drawing on the post of Sub-Inspector before joining the training provided the conditions on which those allowances were allowed are still fulfilled.
Note - The compensatory allowances mentioned above do not include conveyance allowances, the drawal of which by such sub-inspectors is governed by the special rules in Appendix VII of the Financial Hand book, Volume III.45.
The Principles governing the allotment to government servants, for use by them as residences, of buildings owned or leased by the Government, or portions thereof, which the Government may make available for the purpose and the circumstances in which a government servant shall be considered to be in occupation of a residence shall be regulated by such rules and orders as may be issued by the Governor.(For rules made by the Governor under this rule, see Part III of this Volume, Chapter IV).45A.
I. [* * *]II. For the purpose of the assessment of rent, the capital cost of a residence owned by the Government shall include the cost or value of sanitary, water supply and electric installations and fittings, but exclude the cost or value of the 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 or 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-(i)the present value of residences shall be determined in the manner which the Governor may prescribe by rules or orders;(ii)the expenditure which is to be regarded, for the purpose of sub-clause (a) above, as expenditure upon the preparation of site, shall be determined in accordance with such rules or orders as the Governor may issue;(iii)the Government may, after recording the reasons, authorize a revaluation of all residences of a specified class or classes with in 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 the Government, or (2) in other cases, the estimated amount of such charges;(v)the Government may after recording the reasons, write off a specified portion of the capital cost of a residence-1. An increased rate for the same specification shall not constitute replacement by work of a more expensive character.
2. When a work is replaced by work of a more expensive character, the cost of the replacement shall be reduced by the value of the dismantled work before it is added to the capital cost.
3. The cost of all structural alterations, additions or repairs to newly-purchased or previously abandoned buildings, required for bringing them into use, shall be added to the capital cost.
Orders of the Governor regarding Rule 45 A-II, Proviso (v) (1)The proportionate capital cost of a portion of a residence set aside for visitors' room shall be calculated in accordance with the following formula:| Let a | = | Total plinth area of the main building. |
| b | = | Area of room set aside for the visitors' room measured fromcentres to centres of walls. |
| c | = | Area of portion of verandah or verandahs directly in front ofvisitors' room and which is normally utilised by visitors' comingto interview the occupant. |
| d | = | Area of bathroom (if any) attached to the visitors' roommeasured from centres to centres of walls. |
| Then (b+c+d) | = | Plinth area of visitors' room portion. |
| X | = | Capital cost of the main building (including electric, waterand sanitary installations, but excluding site). |
| Y | = | Cost of subsidiary buildings (out-houses, cook houses,fencing, etc.). |
| {| | ||
| [| b+c+da| x X| ] |
| [| X -| b+c+da| x X| ] |
| [| X -| b+c+da| x X| ]| + Y |
2. The proportionate capital cost of portion of a hired residence set aside for visitors' room shall be calculated in accordance with the following formula:-
Let a = Total carpet area of the residence.b = Carpet area of the portion set aside for the visitors' room.c = Carpet area of the portion of verandah or verandahs directly in front of visitors' room and which is normally utilised by visitors coming to interview the occupant.d = Carpet area of bathroom (if any), attached to the visitors' room.| {| |
| Then| b+c+da |
| b+c+da| x X |
1. The rate of interest to be applied in calculating the rent of a house which may be occupied for the first time after 19th June, 1922, shall be the [rate] [[These rates are as follows:
2. For the purposes of assessing rent, the time of construction should be taken as the date on which the accounts of the estimate for the construction of the residence are closed.
Audit instruction regarding rule 45-A-III (b) (i)The rates of interest given in the following table should be applied in calculating the standard rent of residences under Clause III (b) of Fundamental Rule 45-A:| Rate of interest | ||
| Date of acquisition or construction of theresidence | Buildings occupied on or before June 19, 1922 | Buildings occupied after June 19, 1922 |
| 1 | 2 | 3 |
| Before April 1, 1919 | 3½ per cent | 4 per cent |
| April 1, 1919 to July 31, 1921. | 3½ per cent | 5 per cent |
| August 1, 1921 to December 31, 1921. | 3½ per cent | 6 per cent |
| From January 1, 1922, until further orders. | 6 per cent | 6 per cent |
1. Administrative departments of the Government have been authorized to sanction standard rents of residential buildings without the concurrence of the Finance Department.
2. Heads of departments have also been authorized to sanction standard rents of residential buildings according to the principles laid down in this rule, provided that the sanction of the Government is obtained in all cases falling under clause (c) of rule 45A-III and Subsidiary Rule 20.
IV. When a government servant is supplied with a residence, leased or owned by the Government the following conditions shall be observed:(a)The scale of accommodation supplied shall not, except at the government servant'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)rent for the residence, such rent being the standard rent as defined in Clause III above, or 10 per cent of his monthly emoluments whichever is the less; and(ii)municipal and other taxes payable by the 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, the Government may-(i)at any time, after the standard rents 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 rent, subject to the following conditions being fulfilled:1. Expenditure on a residential building should as far as possible be limited to a figure that the standard rent calculated thereon in the manner indicated in rule 45-A-III shall not exceed 10 per cent of the average pay of the post held by the government servant or the class of government servants for whom the residence is constructed. The permissible limit of expenditure calculated in this manner will include the cost of electric, sanitary and water-supply installations. In order to enable the expenditure permissible on the building and on the installations to be separately determined, the total permissible limit of expenditure should be distributed as follows:
| (i) | On the building | 85 per cent of permissible limit. |
| (ii) | On electric installation | 7½ per cent of permissible limit. |
| (iii) | On water-supply and sanitary installations | 7½ per cent of permissible limit. |
2. The accommodation to be supplied to any government servant should be determined when the question of building a residence for him is actually taken up, and if in any case it is found that suitable accommodation can only be supplied at a cost exceeding the permissible limit of expenditure, the sanction of the Government should be obtained.
Order of the Governor regarding Rule 45-A-III (a) and 45 A-IV (b) (ii)The term "property tax" as used in this rule, should be interpreted in the general sense and not in the technical sense assigned to it any particular Act or Code. It should, therefore, not be considered to include taxes levied for specific services rendered for the benefit of the occupier. Such taxes in all cases should be excluded from the standard rent irrespective of the fact whether they were by local rule or custom payable in the first instance by the landlord or by the occupier. All taxes of a service character, such as water, drainage and lighting taxes, scavenging tax and tax for the cleaning of latrines and privies should be recovered separately from the occupier under clause IV (b) (ii) of this rule. These orders apply also in cases where government servants are provided with Government accommodation free of rent.Orders of the Governor under Rule 45 A-IV (c)1. If a government servants, with the Government's permission, continues to occupy while on leave a residence owned or leased by the Government, he shall be liable to pay as rent, during the periods of leave on average pay not exceeding four months the standard rent of the residence or 10 per cent of his emoluments, whichever is less. For the rest of his leave or during leave of any other kind he shall be liable to pay the full standard rent.
2. In cases of optional occupation by a government servant while not on duty, of an official residence not occupied, by him while on duty, the full standard rent shall be charged even if this exceeds 10 per cent of his emoluments.
3. A government servant who, at his request, is supplied with a residence, owned or leased by the Government, of a higher class than that for which he is eligible, when a house of his class is available for him, shall be charged the full standard rent of the residence and shall not be given the benefit of the 10 per cent concession afforded by rule 45 A-IV (b).
4. When a government servant draws a house rent allowance on a compensatory allowance on account of dearness of living, then -
(a)if the standard rent minus the house rent allowance or such portion of the compensatory allowance as represents the cost of house accommodation, is less than 10 per cent of his emoluments, he shall pay the standard rent;(b)if the standard rent minus the house rent allowance or such portion of the compensatory allowance as represents the cost of house accommodation is more than 10 per cent of his emoluments, he shall pay rent amounting to-45B.
[* * *]45C.
For the purpose of rule 45-A "emoluments" means:46.
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 the 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 free should be communicated to them in each case.
2. The honorarium paid to an officer selected as an examiner or lecturer on purely personal grounds irrespective of his position under the 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 securring charge.
46A.
Acceptance of fees by medical officers for services other than professional attendance, shall be subject to such conditions and limits as the Governor may by general rule or order, prescribe.(For rule made under rule 46-A, see Chapter V-A in Part III of this Volume.)47.
Subject to the provisions of the rules made by the Governor under rule 46-A and to such conditions and limits as he may by rules or orders, impose, the authorities subordinate to the Government may sanction the grant or acceptance of honoraria, and the acceptance of fees, other than the acceptance of fees by medical officers for professional attendance.Orders of the Governor in connexion with Rules 46(b) and 47The payment of honoraria to government servants for the use by the Government of inventions patented by them is not governed by rules 46(b) and 47, but by the provisions contained in section 17 of the Inventions and Designs Act, 1888, and section 21 of the Indian Patents and Designs Act, 1911.(For rules made by the Governor under rule 47, see Part III of this Volume, Chapter V.)48.
Any government servant is eligible to receive without special permission-48A.
A government servant whose duties involve the carrying out of scientific or technical research shall not apply for or obtain, or course or permit any other person to apply for or obtain, a patent for an invention made by such government servant save with the permission of the Government and in accordance with such conditions as the Government may impose.48B.
If a question arises whether a person is a government servant to whom rule 48-A applies, the decision of the Government shall be final.Orders of the Governor under Rules 48-A and 48-B1. Application for permission under rule 48-A should be made by the government servant making an invention to the head of his department, or if he is himself the head of the department, to the Secretary to the Government in the Industries Department.
2. The head of the department should deal with the application confidentially and with expedition, so that the inventor may not be prejudiced by delay in making his application at the Patent Office, and should forward it with his recommendations to the Secretary to the Government in the Industries Department.
3. If the invention has no connexion with the government servant's official duties and has not resulted from facilities provided at Government expense permission may be granted to the applicant by the Government to take out a patent for his own benefit, subject to his undertaking in writing-
4. If the invention is made in the course of the government servant's official duties or has resulted from facilities provided at Government expense, then-
5. When the invention has been assigned to the Governor under paragraph 4 (b) above, the Government may exploit the patent themselves, or
6. In order to secure reasonable uniformity of practice and to secure for the Government the full benefits of inventions, the Controller of Patents and Design should ordinarily be consulted before any awards are made under paragraph 4 above or steps are taken for the exploitation of the patents under paragraph 5 above
Chapter VI
Combination of Appointments49.
The 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 the State Government. In such cases, his pay is regulated as follows :1. This rule does not apply to ministerial, subordinate or lower categories of posts, duties in respect of which shall be distributed among other members of the staff. The rule also does not apply when Government servant is not formally appointed to the additional post(s) nor does it apply in cases where formal appointment is made after the arrangement has ceased. In the case of a gazetted Government servant a formal notification of appointment is also required which should be issued as early as possible so that the officer knows that he has to perform full duties and responsibilities of the additional post or posts. When a post is vacant for a period of 30 days or less, it should be carefully considered whether it is really necessary to fill it, particularly if the filling of it involves a transfer. If there will be no detriment to the public service by leaving the post unfilled, it should not be filled at all. If, on the other hand, it is desirable or possible to entrust the current duties of the post to some other Government servant on the spot, this may be arranged, but then too no formal appointment should be made to the other post and no extra remuneration allowed to the Government servant for attending to the current duties of the post in addition to his own duties. It may be necessary for legal, technical or even administrative reasons to fill short vacancies of even less than 30 days, but a careful and deliberate discretion should be exercised before vacancies of such duration are filled. Vacancies exceeding 30 days require less strict treatment, but they, too, should not be filled as matter of course, but only if it is advisable on public (as opposed to private) grounds to do so. A formal appointment under Rule 49 should only be made when it is absolutely necessary that the Government servant should perform the full duties of the vacant post or posts in addition to his own duties.
2. The orders issued in G.O. No. G-1-172/X-534 (97)/69 dated May 14, 1970 on the subject will be deemed to have been superseded by the provisions of the Rule from the date it comes into force.
Chapter VII
Deputation Out of India50.
No government servant may be deputed for duty out of India without the sanction of the Government.51.
1. A subordinate police officer who may be deputed by the Government 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, may be granted-
| s. | d. | |||||
| For an officer of the inspector class | 22 | 6 | a day | |||
| " | "sergeant " | } | ||||
| " | "constable " | 15 | 0 | " |
2. Government servants subject to the leave rules in the Civil Service Regulations are also governed by the provisions of sub-clause (b) of the above rule.
3. The travelling and halting allowances of members, including non-officials, of any commissions, committees, etc, which may be sent by the Government on deputation out of India, will be governed by such rules or orders as may be laid down by the Government.
4. Government servants who, while on leave, are required by the Government to attend conferences or congresses in the United Kingdom or on the Continent of Europe, whether as official representatives or as unofficial visitors, will be allowed such terms in regard to pay and allowances as may be determined by the Government in each case.
5. Government servants on leave, who are unwilling to undertake special duty on deputation rates of pay, may be allowed by the Government to continue to consume leave and receive an honorarium fixed at one-sixth of Indian pay.
6. The option of consuming leave on average pay during a period of deputation and of drawing an honorarium of one sixth of India pay shall be limited to cases in which government servants are placed on deputation while already on leave out of India on average pay.
Audit instructions regarding Rules 50 and 51.1. The period of the deputation runs from the date on which the government servant takes 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.
2. In the expression "pay he would draw if he were on duty in India" occurring in Fundamental Rule 51 (a) and in the similar expression in Fundamental Rule 9(2), 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. In the case of government servants who are not deputed out of India for special items of works but are placed on continuous service with commission and committees whose functions require work both in and out of India, the expression should be interpreted as having reference to the pay which they would have drawn in India had they continued on duty with the commission or committee there.
51A.
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 GovernmentChapter VIII
Dismissal, Removal and Suspension52.
The pay and allowance of a government servant who is dismissed or removed from service cease from the date of such dismissal or removal.53.
1. The suspending authority may appoint a substitute in place of a government servant under suspension, provided that the period of suspension does not exceed six months. The word 'substitute' here means the substitute appointed in the resultant vacancy or at the bottom in the chain of arrangements.
2. Departments of the government are authorized to appoint a substitute in place of a government servant under suspension for more than six months.
3. The Board of Revenue is authorized to appoint a substitute in place of a government servant under suspension for more than six months under intimation to Government every three months.
4. Commissioners of Divisions are authorised to appoint a substitute in place of government servant under suspension for more than six months under intimation to the Board of Revenue every three months.
Note - The authority sanctioning such employment shall draw the special attention of the Accountant General to the sanction.(Effective with effect from July 13, 1974)54. [ [Substituted by Notification No. C-2-2063/X-534 (18)-71, dated 28th December, 1979 (w.e.f. 3-5-1980).]
54A. [ [Substituted by Notification No. C-2-2063/X-534 (18)-71, dated 28th December, 1979 (w.e.f. 3-5-1980).]
54B. [ [Substituted by Notification No. C-2-2063/X-534 (18)-71, dated 28th December, 1979 (w.e.f. 3-5-1980).]
1. This rule permits a revising or an appellate authority to convert a period spent under suspension into one of leave.
2. In a case where a government servant is punished by an original authority but the order is reversed in appeal, the following procedure should be observed:
3. The above procedure does not apply to cases where an ordinary order of promotion has been reversed as a result of an appeal preferred by a superseded government servant. An order of punishment set aside in appeal differs from an order of promotion reversed in appeal in one important respect. In the former case the government servant punished as previously held the post in which he has been reinstated as a result of his appeal and the period of suspension or dismissal is treated as a period spent on duty. In the latter case the government servant promoted to a post in consequence of the reversion of orders has not previously held that post and can, therefore, draw the pay, attached to it only from the date when he takes over that post, and accordingly the orders of the appellate authority can take effect only from the date on which they are passed. No question of recovery or write-off of the promotion pay drawn by the government servant wrongly promoted will arise.
4. Orders contained in paragraph 3 above cannot be applied to grade promotions in the same cadre, which are given with retrospective effect from the date of the vacancy while the duties and the posting of the government servants concerned remain unchanged. In such cases when an appellate authority for good reason, decides to grant grade promotion to the appellant not from the date of his order but from the date of the occurrence of the vacancy and when the promotion does not involve assumption of different duties and responsibilities, the additional pay drawn by the government servant originally promoted need not be recovered but should be written off with the sanction of the Government.
55.
Leave may not be granted to a government servant under suspension.Chapter IX
Compulsory Retirement56.
[(a) Except as otherwise provided in this Rule, every Government servant other than a Government servant in inferior service shall retire from service on the afternoon of the last day of the month in which he attains the age of fifty eight years. He may be retained in service after the date of compulsory retirement with the sanction of the Government on public grounds, which must be recorded in writing, but he must not be retained after the age of 60 years except in very special circumstances.(b)A Government servant in inferior service shall retire from service on the afternoon of the last day of the month in which he attains the age of sixty years. He must not be retained in service after that date, except in very special circumstances and with sanction of the Government].(c)[ Notwithstanding anything contained in clause (a) or clause (b), the appointing authority may, at any time, by notice to any Government servant (whether permanent or temporary), without assigning any reason, require him to retire after he attains the age of fifty years or such Government servant may by notice to the appointing authority voluntarily retire at any time after attaining the age of [forty-five years] [These sub-rules (c) & (d) are effective from June 7, 1975.] or after he has completed qualifying service of twenty years.(d)The period of such notice shall be three months:Provided that-(i)any such Government servant may by order of the appointing authority, without such notice or by a shorter notice, be retired forthwith at any time after attaining the age of fifty years, and on such retirement the Government servant shall be entitled to claim a sum equivalent to the amount of his pay plus allowances, if any, for the period of the notice, or as the case may be, for the period by which such notice falls short of three months, at the same rates at which he was drawing immediately before his retirement;(ii)it shall be open to the appointing authority to allow a Government servant to retire without any notice or by a shorter notice without requiring the Government servant to pay any penalty in lieu of notice:Provided further that such notice given by the Government servant against whom a disciplinary proceeding is pending or contemplated, shall be effective only if it is accepted by the appointing authority, provided that in the case of a contemplated disciplinary proceeding the Government servant shall be informed before the expiry of his notice that it has not been accepted:Provided also that the notice once given by a Government servant under clause (c) seeking voluntary retirement shall not be withdrawn by him except with the permission of the appointing authority.(e)A retiring pension shall be payable and other retirement benefits, if any, shall be available in accordance with and subject to the provisions of the relevant rules to every Government servant who retires or is required or allowed to retire under this rule.][Provided that where a Government servant who voluntarily retires or is allowed voluntarily to retire under this rule the appointing authority may allow him, for the purposes of pension and gratuity, if any, the benefit of additional service of five years or of such period as he would have served if he had continued till the ordinary date of his superannuation, whichever be less;] [This proviso came into effect from November 18, 1976.]Explanation - (1) The decision of the appointing authority under clause (c) to require the Government servant to retire as specified therein shall be taken if it appears to the said authority to be in the public interest, but nothing herein contained shall be construed to require any recital, in the order, of such decision having been taken in the public interest.1. When a government servant is required to retire, revert or cease to be on leave, on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and the government servant must retire, revert or cease to be on leave (as the case may be) with effect from and including that day. * * *
1A. Clause (a) * * * of Fundamental Rule 56 applies to all government servants to whom the Fundamental Rules as a whole apply, whether they be holding temporary or permanent posts substantively or in an officiating capacity. * * *
1B. * * * The purpose of Fundamental Rule 56 is not to confer upon government servants any right to be retained in service up to a particular age, but to prescribe the age beyond which they may not be retained in service.
1C. Fundamental Rule 56 is generally applicable to re-employed personnel, and the rules in Chapter XXI of the Civil Service Regulations are subject to the conditions laid down in Fundamental Rule 56. Article 520, Civil Service Regulations, however, from the nature of its concession and conditions, puts the re-employment of a person in receipt of a superannuation or retiring pension in a special class outside. Fundamental Rule 56 and subject to the conditions stated in the article itself which must be observed with every renewal of sanction.
Orders of the Governor regarding Rule 56Rule 56 shall not apply to patwaris in the Revenue Department except those in the Kumaun Division. The normal age at which patwari of the Kumaun Division should retire has been fixed at 55 years, subject to the condition that the Deputy Commissioner-in-charge, Kumaun Division, may, on public grounds, grant annual extensions up to the age of 60 years.Note. - Repealed w.e.f. 18.4.1975 vide Notification No. G-2-58/X-534 (19) 90, dated 19.1.1990.57.
[* * *]Chapter X
LeaveSection I - Extent of Application58.
Unless in any case it be otherwise distinctly provided, the rules in this Chapter apply to all government servants mentioned in rule 2: provided that the leave of those government servants who were in service on January 1, 1922, and who have under rule 58 of the Fundamental Rules made by the Secretary of State in Council under section 96-B of the Government of India Act, 1919, elected (by making a specific declaration to the Government to that effect) to remain under the leave rules in the Civil Service Regulations shall be governed by those rules.59.
[Except as provided in Fundamental Rules 83 and 83-A, leave is earned by a government servant under Sections I to V of this Chapter if he holds a lien on a permanent post or would hold a lien on such a post had his lien not been suspended.] [This rule has come into effect from April 1, 1966]Exception - Government servants who hold quasi-permanent posts in the Settlement Department in a substantive capacity shall earn leave under Sections I to V of this Chapter.Note - The following posts in the Settlement Department have been declared to be on a quasi-permanent footing from the date mentioned against each post:| (i) | One Superintendent | From April 1, 1941. |
| (ii) | Three noters and drafters | From April 1, 1940. |
| (iii) | One accountant-cum-store-keeper | |
| (iv) | One reference clerk | |
| (v) | One camp clerk-sarishtedar | |
| (vi) | One camp assistant to Settlement Commissioner |
| (i) | Head clerk | From October 1, 1899. |
| (ii) | Second clerk | |
| (iii) | Sadar munsarim | |
| (iv) | Settlement Officer's reader | |
| (v) | Nazir | |
| (vi) | Record-keeper |
60.
Leave is earned by duty only. For the purpose of this rule a period spent in foreign service counts as duty if contribution towards leave-salary is paid on account of such period.61. to 63.
[* * *]64.
Unless in any case it be otherwise expressly provided by or under these rule, a government servant transferred to a service or post to which these rules apply from a service or post to which they do not apply is not ordinarily entitled to leave under these rules in respect of duty performed before such transfer; but a government servant reverting from duty as Judge of the High Court of Judicature at Allahabad or the Chief Court of Avadh may count such duty for leave as though it were duly performed in a vacation department; all leave taken during the service concerned being treated as taken under these rules.65.
65A.
A government servant who had been in military employ prior to his re-employment in the service of the Government and who was in such service on December 31,1931, is entitled, irrespective of any break between his military and civil employment, to a credit to his leave account in accordance with the provisions of rule 77, based on such portion of his military service as, under the rules for the time being in force, is permitted to count for pension.Order of the Governor regarding Rule 65-ALeave charges on account of leave granted in respect of military service allowed to count under this rule will be met from the provincial revenues.Section II - General Conditions66.
Except as expressly mentioned otherwise, leave, other than special disability leave and leave extending beyond the date of compulsory retirement, may be granted by such authorities subordinate to the Government as the Governor may by rules or orders, specify.(For rules made by the Governor under rule 66 see Part III of this Volume, Chapter VI).Note - (1) The High Court of Judicature at Allahabad are competent to grant all kinds of leave (including special disability leave and leave extending beyond the date of compulsory retirement) to persons belonging to the Subordinate Civil Judicial Service, or in other words, to Munsifs and Civil Judges (including Judges of the Small Cause Courts established under the Provincial Small Cause Courts Act) under their control subject to the conditions and restrictions laid down in the rules made by the Governor and general orders issued by him under those rules.Note - (2) The Chief Justice of the High Court of Judicature at Allahabad is competent to grant all kinds of leave (including special disability leave and leave extending beyond the date of compulsory retirement) as may be admissible under the rules to persons serving on the staff attached to the Court.Orders of the Governor regarding Rule 66The High Commissioner for India is authorized under this rule to exercise the powers mentioned in the rules framed by the Governor under rule 74(b) in respect of extensions of leave other than special disability leave.67.
Leave cannot be claimed as of right. When the exigencies of the public service so require, discretion to refuse or revoke leave of any description is reserved to the authority empowered to grant it.68.
Leave ordinarily begins on the day on which transfer of charge is effected and ends on the day preceding that on which charge is resumed. When joining time is allowed to a government servant returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her mooring or anchorage in the port of disembarkation, or, if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India. Sundays or other recognized holidays may be perfixed to leave or affixed to leave or joining time subject to such conditions and under such circumstances as the Governor may by rule or order prescribe.(For rules made by the Governor under rule 68, see Part III of this Volume, Chapter VII).Audit instructions regarding Rule 681. The joining time of a government servant who returns from leave out of India and disembarks, not at the first port of call in India, but at another such port, should be recknoned from the day of arrival of the vessel at the second or subsequent port at which he actually disembarks, whether the sea journey from the first port of call in India to the subsequent port of disembarkation is made in the same steamer which takes him to the first port of call or in some other steamer.
2. The provision in this rule-that when joining time is allowed to a government servant returning from leave out of India, the last day of his leave is the day before the arrival of the vessel in which he returns at her mooring or anchorage in the port of disembarkation, or if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India-applies only to cases falling under Fundamental Rule 105(c) in which joining time is granted to a government servant returning from leave out of India of more than four months' duration.
69.
A government servant on leave may not take any service or accept any employment without obtaining the previous sanction of-1. In a case where a government servant has been granted leave on the strength of a medical certificate this rule should not be construed as permitting him to undertake regular employment during such leave.
2. Officers on leave preparatory to retirement, desiring to take up Government employment, shall be given the option of retiring forthwith, or of remaining on leave, until they have exhausted the leave admissible to them, on condition that, so long as they are employed under the Government, leave-salary will be restricted to the amount of the pension admissible to them on retirement. In the case of non-pensionable government servants re-employed during their leave preparatory to retirement in a department other than their present departments in India or Pakistan, the leave-salary shall, however, be restricted to half of leave-salary admissible in respect of leave on full pay or average pay as the case may be.
70.
All orders recalling a government servant to duty before the expiry of his leave should state whether the return to duty is optional or compulsory. If the return is optional, the government servant is entitled to no concession. If it is compulsory, he is entitled-1. Order recalling a government servant from leave out of India should be communicated to him officially through the High Commissioner for India.
2. The concession referred to in the second sentence of this rule is a concession of the category permitted by this rule. The concessions under rule 70 are clearly not intended to affect the Privileges of government servants which are admissible under other rules; the concession may be availed of when they happen to prove additional to, or better than, the ordinary privileges.
Audit Instructions regarding Rule 70(a)(iii)The expression "on the termination of his leave" in clause (a)(iii) of Fundamental Rule 70 means "on the termination of the period of leave as determined by his recall as opposed to the whole of the leave he was originally granted". The effect of this interpretation will be to make the same leave-salary admissible for the period of transit in India as would be admissible has the return to duty been voluntary and the period of voyage been leave proper and the period of transit in India been leave proper or joining time under Fundamental Rule 105, as the case may be.71.
No government servant who has been granted leave on medical certificate may return to duty without first producing a medical certificate of fitness in such form as the Governor may by rule or order prescribe. The Government may require a similar certificate in the case of any government servant who has been granted leave for reasons of health, even though such leave was not actually granted on a medical certificate.(For rules made by the Governor under rule 71, see Part III of this Volume, Chapter VIII).72.
Unless he is permitted to do so by the authority which granted his leave, a government servant on leave may not return to duty more than fourteen days before the expiry of the period of leave granted to him.73.
A government servant who remains absent after the end of his leave is entitled to no leave-salary for the period of such absence, and that period will be debited against his leave account as though it were leave on half average pay, unless his leave is extended by the Government. Wilful absence from duty after the expiry of leave may be treated as misbehaviour for the purpose of rule 15.Note - In the case of a government servant governed by leave rules laid down in Fundamental Rule 81-B and Subsidiary Rule 157-A, who remains absent after the end of his leave, the period of such overstayal of leave should, unless the leave is extended by the competent authority, be treated as follows:74.
75. to 75C.
[* * *]Section IV - Grant of Leave76.
A leave account shall be maintained for each government servant.Audit instructions regarding Rule 76Two sets of leave accounts may be maintained in the case of government servants who served under district boards for whom contribution for leave has not paid.Auditor-General's decision under Rule 76The overstayal of leave taken by a government servant before January 1st, 1922, should not be debited in his leave account.77.
In the leave account of a government servant shall be credited-(i)if he was recruited before January 1, 1931, two-elevenths of the period spent on duty; and(ii)if he was recruited on or after January 1, 1931 but before January 1, 1936, three-twenty-seconds of the period spent on duty.Note - The following credits shown in the leave account of a government servant recruited prior to January 1, 1922, shall stand:1. Fractions of a day should not appear in the leave accounts. Fractions below ½ should be ignored and those of ½ or more should be reckoned as one day.
2. [Five-twenty-seconds of the period spent on duty should be calculated thus:] [Mentioned in Fundamental Rule 77 in Part I of this Volume.]
The amount of duty as expressed in terms of years, months and days should be multiplied by five and the product divided by twenty-two. In this process of multiplication and division a month should be reckoned as equal to 30 days.Two-elevenths of the period spent on duty should also be calculated similarly.3. [* * *]
4. [* * *]
5. [* * *]
78.
In the case of a government servant for whom a leave account is maintained, the amount of leave debited against his account is-79.
[* * *]80.
The amount of leave due to a government servant for whom a leave account is maintained is the balance of leave at his credit in the leave account.81.
Leave may be granted at the discretion of the authority competent to grant the leave, subject to the following restrictions in respect of government servants for whom a leave account is maintained:1. If a government servant is placed on deputation in Europe or America while on leave out of India, the deputation shall be regarded as an interruption of the leave already granted. The expression "at any one time" in the above rule should be interpreted as meaning "in each separate period of leave granted". The leave of such a government servant will, in ordinary circumstances, be extended by the period of deputation, but the deputation will not entitle him to a fresh grant of leave.
The intention of the above orders is that in such cases the balance of the un-enjoyed leave should be worked out before the deputation intervenes and the amount of leave to be enjoyed subsequently on the expiry of the deputation should be restricted to this available balance.2. When a government servant proceeds on leave on medical certificate not more than one year before the right of voluntary retirement accrues to him or when he is likely to reach the age of superannuation in the course of a year, and is granted leave on average pay in excess of that admissible otherwise than on medical certificate, by virtue of a medical certificate under the proviso to clause (b) of rule 81, an undertaking should be taken from him that if he subsequently decides to retire at the end of the leave or of an extension of that leave he will refund over payments, if any, representing the difference between average pay and half average pay for the period in excess of that admissible otherwise than on medical certificate. If a government servant is compulsorily retired by reason of being invalided, no demand for the recovery of excess leave salary resulting from the conversion of a portion of his leave on average pay into leave on half average pay should be made. In other cases recovery of the excess payment must be made. The authority competent to sanction retirement should deal with the question of the recovery or otherwise of excess leave salary without making a reference in each case to Government. Only such cases should be referred to Government in which even though the retirement is voluntary it is proposed in view of some exceptional circumstances not to make the recovery of the excess leave salary. The leave on average pay in excess of that admissible otherwise than on medical certificate should in all cases of subsequent retirement be commuted into leave on half average pay and should be counted for pension as such.
Orders of the Governor regarding Rule 81(c)Leave not due may in no case be granted unless the sanctioning authority is satisfied that, as far as can be reasonably foreseen, the government servant will return to duty and earn it. Except as provided in the Note to rule 81(c), when leave not due is granted, it should in all cases (subject to the government servant's wishes) be allowed to stand, including cases in which the government servant fails to earn it by subsequent duty.Orders of the Governor regarding Rule 81When a government servant belonging to a vacation department is allowed to affix vacation to leave taken under this rule, the period of leave on average pay plus vacation which may be taken at any one time is limited to four months. If, however, the period of leave on average pay and the vacation are covered by a medical certificate or spent outside India, Ceylon, Nepal, Burma or Aden, leave on average pay may be taken in combination with vacation up to a total period of eight months or six months as the case may be.Audit instructions regarding Rule 811. If leave on average pay is applied for after a government servant has had leave on half average pay in continuation of a period of leave on average pay either by the production of a medical certificate or by a government servant proceeding out of India, Ceylon or Nepal, the period of leave on average pay that may then be granted should be similarly limited to the period actually covered by the medical certificate or spent elsewhere than in India, Ceylon or Nepal. The grant of the leave should also be so regulated that the total period of leave on average pay during that spell of leave does not exceed eight months. In such cases the total period of leave on average pay shall be treated as one continuous spell of leave on average pay in order to determine whether the first four months of leave should be treated as privilege leave for purposes of pension.
2. The limit of 28 months of continuous absence prescribed in this rule includes the period of vacation, if any, with which leave is combined.
3. (i) In the case of a government servant subject to the ordinary leave rules two pro forma accounts of leave on full average pay will have to be kept, one which includes leave on medical certificate or spent outside India, Ceylon or Nepal and the other which excludes such leave. Assuming the privilege leave at credit of a government servant on January 1, 1922, to be "x", the one-eleventh of the period spent on duty subsequent to that date to be "y" and the additional year referred to at * * clause (b) * * of rule 81, or any less period which alone he may have at his credit as "z" two accounts will have to be kept-
4. The expression "continuous absence from duty on leave" occurring in clause (d) of this rule does not include absence on extraordinary leave; but includes absence on "special leave" granted in connexion with the award of Commonwealth Fund Service Fellowships if, owing to a combination of ordinary leave with such "special leave", the aggregate period of absence exceeds 28 months.
5. If, under the operation of the proviso to rule 81 (b) * * the maximum amount of leave on average pay admissible at a time (i.e. the period of leave at credit in column 6 of the leave account in form no. 11-B subject to a maximum of four months) is increased, further leave on average pay may not be granted in continuation unless such leave is taken on medical certificate or is spent elsewhere than in India, Ceylon or Nepal, but such leave on average pay which may be taken on medical certificate or outside India. Ceylon on Nepal up to a maximum of twelve months in a government servant's whole service, if due, does not consume the leave on average pay which may be taken without medical certificate.
6. (a) In addition to leave on average pay for four months under Fundamental Rule 83(7)(a) which is not debitable to the leave account, the maximum amount of leave on average pay that can be taken whether under Fundamental Rule 83(7)(b) or under Fundamental Rule 81(b) or both can be only eight months. This follows from * * * Fundamental Rule 83(7)(b), under which a government servant is allowed to draw leave salary equal to average pay for a period not exceeding the period which would otherwise be admissible to him as leave on average pay. Under Fundamental Rule 81(b) this period is limited to * * * four months * * * which may be extended by another four months in certain circumstances * * *. In case leave on average pay for eight months, if admissible under Fundamental Rule 81(b), is all taken under Fundamental Rule 83(7)(b), no further leave on average pay can be taken under the provisions of the former rule. The total leave on average pay that can be granted to a government servant, therefore, is only twelve months, viz., four months under Fundamental Rule 83(7)(a) and eight months under Fundamental Rule 83(7)(b) or under Fundamental Rule 81 (b) or both.
81A.
[* * *]81B.
With the exception of government servants of non-Asiatic domicile who may be specially recruited overseas and who shall be subject to such leave terms as may be prescribed by Government in each case, the following leave rules shall apply to:(a)all government servants who enter government service on or after April 1, 1966, and hold a lien on a permanent post or would have held a lien on such post, had their lien not been suspended;(b)all government servants who were recruited before April l, 1966, and to whom Fundamental Rule 81-B applied on that date:Provided that the earned leave at their credit on April 1, 1966, shall stand and they shall earn further leave under sub-rule (1) of this rule with effect from that date;(c)all government servants, recruited before January 1, 1936, to whom Fundamental Rule 81 applies and who elect in writing to come under these rules by making specific declaration to Government to this effect. The option once exercised shall be final:Provided that:(i)the balance of leave on average pay at the credit of such a government servant on the date of exercising the option referred to above shall not lapse, He will first exhaust all such leave in excess of one hundred and eighty days and when the balance of such leave falls below this period, he shall begin to earn leave under these rules;(ii)the amount of leave on average pay on medical certificate already taken under the proviso to clause (b) of Fundamental Rule 81 shall be deducted from the maximum limit of twelve months' leave on medical certificate on average pay admissible under sub-rule (2) of this rule;(iii)the number of days of leave on average pay in excess of four months spent elsewhere than in India, Pakistan, Ceylon, Nepal, Burma or Aden under the proviso to clause (b) of Fundamental Rule 81 shall be deducted from the maximum limit of 365 days' leave on private affairs on half average pay admissible, under sub-rule (3) of this rule; but in case the total exceeds 365 days no further leave on private affairs shall be earned.1. In calculating "earned leave" under this rule, the actual number of days of duty performed should first be counted and then multiplied by one-eleventh, the product expressed in days (and fractions of a day) and limited to 120 days being the "earned leave" admissible under this rule.
2. The term "year" occurring in the second proviso to rule (I) of this rule, should as in the case of the expression "each year of duty" in clause (b) of rule 82 be interpreted to mean not a calendar year in which duty is performed, but twelve months of actual duty; and the earned leave admissible to a government servant on a particular date should be calculated in the manner indicated in paragraph 1 of the audit instructions regarding rule 82(b) and in the order of the Governor regarding that rule.
3. It is not desirable that a government servant should exhaust in the early part of his service all the medical leave that may be admissible to him under the rules, and therefore long stretches of such leave should not be sanctioned without careful scrutiny. In particular the sanctioning authority should be satisfied in each case that after the expiry of the leave the government servant will be fit for duty. Medical authorities are precluded from recommending the grant of leave in cases in which there appears no reasonable prospect of a government servant being ever fit to resume his duties. In doubtful cases, the sanctioning authority can further satisfy itself by asking for the medical authority's opinion specifically on this point, or where the leave has been recommended by an authority other than a medical committee, by referring the case to such a committee. The subsidiary rules in Part III clearly lay down that the possession of a medical certificate as prescribed therein does not by itself confer upon the government servant concerned any right to leave, and in extreme cases it may be necessary to refuse the leave altogether in order that the government servant may be invalidated from service.
81C.
[* * *]82.
The following provisions apply to vacation departments only:1. The term "each year of duty" should be interpreted to mean, not a calendar year in which duty is performed, but twelve months of actual duty in a vacation department. If the government servant has enjoyed such vacation as falls within a period of twelve months beginning on the date following the date on which he completed the previous year of duty, then one month should be deducted from his leave account. It does not matter whether the day on which this year ends, falls in a vacation in the succeeding calendar year. The only question is whether the government servant has enjoyed such vacation as fell within the period of one year as interpreted above. If, to take an example, a government servant before going on leave has not completed a full year of duty (including vacation) during the course of the second calendar year, then the fraction of one month which should be deducted from the leave account is the fraction which the period of duty, including vacation, bears to the whole year. If to take a further complication, he has not enjoyed the whole of the vacation which fell during that period of less than a year, then the amount which should be deducted in the proportion of the period, which the proportion of vacation actually enjoyed plus the vacations that will fall within the remaining period of twelve months bears to the whole period of vacation which fall within the period, of twelve months.
In the case of government servants who are allowed two vacations in the year instead of one, the periods of the two vacations should be regarded as combined into one.2. For the purposes of Government of India, Finance Department, resolution no. 1260-C. S. R. dated December 21, 1921, a government servant of a vacation departments who combines vacation with leave on average pay can count as service for pension only a total period of four months on each occasion; except in cases where the total amount of vacation taken is four months or more, in which case the full amount of vacation, and no leave, will count for service.
1. (i) The reduction by one month for each year of duty in which the government servant has availed himself of the vacation as required to be made under this rule is intended to be made in respect of leave earned and vacation taken from January 1, 1922.
(ii)Thus, in the case of government servants of vacation department, the leave credited to their leave account under rule 77 will be-2. The amount credited to the leave account under this rule as well as that added to the maximum under rule 81(a) should be the actual amount of additional leave taken under this rule and not the total amount theoretically permissible, viz., one month for every two years of duty.
3. It is not the intention to retain in the Fundamental Rules the restrictions on the combination of leave and vacation which were imposed by article 278, Civil Service Regulations. Such combination is, however, subject to the condition mentioned in rule 82(d) and it is thus permissible to allow a vacation to intervene between two periods of leave. Similarly, vacations may be prefixed or affixed to leave or both prefixed and affixed.
83.
83A.
The Governor may extend the application of the provisions of Fundamental Rule 83 to a government servant, whether permanent or temporary, who is disabled by injury accidentally incurred in or in consequence of the due performance of his official duties or in consequence of his official position, or by illness incurred in the performance of any particular duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk attaching to the civil post which he holds. The grant of this concession is subject to the further conditions:83B.
84.
Leave may be granted to government servants, on such terms as the Governor may by rule or order prescribe, to enable them to study scientific, technical or similar problems or to undergo special courses of instruction. Such leave is not debited against the leave account.(For rules made by the Governor under rule 84, see Chapter XI-A, Part III of this Volume.)85.
1. Extraordinary leave without pay granted under the rules of the Civil Service Regulations will not also be debited against the leave account under note 2 to rule 78.
2. "Leave not due" applied for by a government servant with or without medical certificate is "leave admissible under rule" and in cases where "leave not due" can be granted, the grant of extraordinary leave under Fundamental Rule 85 will be irregular unless the latter kind of leave is specifically applied for in writing.
86.
(a)In the case of a government servant recruited before January 1, 1936, leave at his credit in his leave account shall lapse on the date of compulsory retirement provided that if in sufficient time before that date he has-2. Even in those cases in which the requirements of the rule, as explained above, are fulfilled, there is no vested right to leave under this rule and the Government will consider each case on its merits, having regard to the following points:
3. When a government servant has been retained in service beyond the ordinary age of superannuation, the grant to him when his duties finally cease of leave earned during the period of extension of service is subject to all the conditions set forth in this order.
4. While the amount of the leave refused under Fundamental Rule 86(a) or (b) is fixed, the quality of the leave (i.e. on average or half average pay), whether it is taken before or after the date of compulsory retirement or, as the case may be the date of final cessation of duties, may be varied to the advantage of the government servant concerned within the normal leave rule by the leave earned and standing to his credit on the date he proceeds on leave; and no second application for leave in sufficient time and its refusal are necessary merely to ensure this variation.
5. The above orders apply mutatis mutandis to cases of grant of leave under rule 86-A.
Audit instructions regarding Rule 861. In the case of government servants belonging to vacation departments the period of six months referred to in this rule should include any vacation with which leave may be combined.
2. A government servant retained in service after the age of compulsory retirement is entitled to earn leave under clause (b) of Fundamental Rule 86 and a debit balance, if any, on the date he attained that age should be considered as wiped off.
3. Compulsory recall from leave preparatory to retirement should be deemed to be a constructive refusal of the balance of leave unenjoyed for the purpose of Fundamental Rule 86.
4. While the amount of the leave refused under Fundamental Rule 86 (a) is fixed, the quality of that leave (i.e. on average or half average pay), whether it is taken before or after the date of compulsory retirement or after the date of final cessation of duties, may be varied within the normal leave rules to the advantage of the government servant concerned in accordance with the leave earned and standing to his credit on the date on which he proceeds on leave prior to the date of compulsory retirement whenever he takes a portion of his refused leave before that date and ultimately on the date of his compulsory retirement, and no second application for leave in sufficient time and its refusal are necessary merely to ensure this variation. Similarly, the character of any period of leave on average pay admissible under Fundamental Rule 86(a), original or so modified, may, if the government servant so desires, be converted within the quantum admissible into a portion on average and the balance on half-average pay. No such conversion, however, is admissible in respect of the leave on average pay (not in terms of average pay) earned under clause (b) of this rule.
86A.
A government servant recruited on or after January 1, 1936, shall not be granted any leave beyond the date on which he must compulsorily retire:Provided that the authority empowered to grant leave may allow any government servant, who has been denied in whole or in part on account of the exigencies of the public service the earned leave which was due to him pending retirement under rule 81-B, the whole or any portion of the earned leave so denied even though it extends to a date beyond the date on which such government servant must compulsorily retire:Provided further that a government servant whose service has been extended in the interests of the public service beyond the date of his compulsory retirement may similarly be granted either within the period of extension of, if the conditions of the preceding proviso are satisfied, after its expiry, any earned leave which could have been granted to him under the preceding proviso had he retired on that date and in addition any earned leave due in respect of such extension. In determining the amount of earned leave due, in respect of the extension, with reference to rule 81-B, the earned leave, if any, admissible on the date of compulsory retirement shall be taken into account.Section V - Leave Salary87.
Subject to the conditions in rules 81, 88, 89, 90 and 91, a government servant other than an inferior government servant, recruited before January 1, 1936, who is on leave shall, during leave, draw leave-salary as follows:87A. [ [This amended rule shall be deemed to have come into force with effect from April 1, 1978 vide Notification No. G-4-1395/X-38-200-76, dated October 13, 1988.]
A government servant subject to the leave rules in Fundamental Rule 81-B, when on leave, shall be entitled-1. In the cases of government servants to whom rule 87-A applies, the authority competent to grant leave has no power to alter the nature of leave applied for.
2. The authority which granted leave to a government servant governed by rule 87-A can commute it retrospectively into leave of a different kind which was admissible at the time the leave was originally granted but the government servant concerned cannot claim it as a matter of right. (See also orders of the Governor under Subsidiary Rule 158).
3. The commutation of one kind of leave into another automatically carries with it the drawal of arrears of leave-salary or recovery of amounts overdrawn.] [Substituted by Notification No. G-4-1071/X-92-201/76, dated 21st December, 1992.]
88.
After continuous absence from duty on leave for a period of 28 months, a government servant for whom a leave account is maintained will draw leave-salary equal to quarter average pay, subject to the maxima and minima prescribed in rules 89 and 90.Audit instructions regarding Rule 881. The expression "continuous absence from duty on leave" occurring in this rule does not include absence on extra-ordinary leave; but includes absence on special leave granted in connexion with the award of Commonwealth Fund Service Fellowships, if owing to a combination of ordinary leave with such special leave, the aggregate period of absence exceeds 28 months.
2. The period of 28 months mentioned in this rule includes the period of vacation, if any, with which leave is combined.
89.
| Average | Half average | Quarter average | |||
| Outside Asia | In Asia | Outside Asia | In Asia | Outside Asia | In Asia |
| £ | Rs. | £ | Rs. | £ | Rs. |
| 150 | 1,500 | 75 | 750 | 60 | 600 |
1. Vacation should be treated as the equivalent of the leave on average pay for the purposes of this rule.
2. For the purpose of the note below rule 89(2), when vacation is combined with leave, the first four months of leave on average pay which is exempt from the application of the maximum of average pay [apart from the limit of Rs. 4,000 imposed by clause (1) of rule 89] should be calculated after taking into account the full period of the vacation so combined, even when the vacation does not fall within the first four months of any period of combined leave and vacation. In other words, the concession of drawing full average pay during leave combined with vacation should be restricted to such period of leave on average pay earned by detention on duty during vacation since last return from leave as is equal to the residual period, if any, which remains after deducting the period of vacation from the period of four months. If, however, the officer so elects, he may in the alternative be allowed to have the full amount of leave on average pay at his credit earned by detention on duty during vacation since his last return from leave subject to the limit of four months and to combine with it as much of vacation (on full pay) as would make up the total of four months, the rest of the vacation being sanctioned as leave on average pay, as the case may be.
90.
Subject to the condition that the leave-salary of a government servant shall in no case exceed his average pay, leave-salary, except as otherwise provided in this rule, is subject to the monthly minima shown in the following table when leave is taken or extended out of India elsewhere than in Pakistan, Ceylon, Nepal or Burma.| Half average | Quarter average | ||||
| Outside Asia | In Asia | Outside Asia | In Asia | ||
| £ | Rs. | £ | Rs. | ||
| 25 | 250 | 12 ½ | 125 |
91.
1. Leave-salary may be drawn in sterling in the following British Dominion and Colonies:
| Dominion or colony | Designation of paying officers | |
| Europe | ||
| Gibraltar | ... | Command Paymaster, Army Pay Office, Gibraltar. |
| Malta | ... | Command Paymaster, Army Pay Office, Malta. |
| America and West Indies | ||
| Canada | ... | An officer residing in Canada or New Foundland takes paymentfrom the Home Treasury, remittance being effected underarrangements made by the India Office through the Bank ofMontreal. |
| Bahamas | ... | Receiver General, Nassa. |
| Barbados | ... | Colonial Treasurer, Barbados. |
| Bermuda | ... | Command Paymaster, Army Pay Office, Bermuda. |
| British Guiana | ... | Colonial Secretary, Georgetown. |
| British Honduras | ... | Treasurer, Pelize. |
| Jamaica | ... | Command Paymaster, Army Pay Office, Jamaica. |
| Falkland Islands | ... | Treasurer, Stanley. |
| North Africa | ||
| Gambia | ... | Treasurer, Bathurst. |
| Gold Coast | ... | Treasurer, Accra. |
| Nigeria | ... | Treasurer, Logas. |
| Sierra Leone | ... | Command Paymaster, Army Pay Office, Sierra Leone. |
| Egypt | ... | Command Paymaster, Army Pay Office Cairo. |
| Somaliland | ... | Treasurer, Somaliland Protectorate, Berbera. |
| Northern Rhodesia | ... | Treasurer, Livingstone. |
| Africa other than North Africa | ||
| Union of South Africa | ... | Secretary for Finance, The Treasury, Pretoria. |
| Kenya | ... | Treasurer, Nairobi. |
| St. Helena | ... | Colonial Treasurer, St. Helena. |
| Uganda | ... | Treasurer, Entebbe. |
| Mauritius | ... | Colonial Secretary, Port Louis. |
| Nyasaland | ... | Treasurer, Nyasaland Protectorate, Zomba. |
| South Rhodesia | ... | Treasurer, Salisbury. |
| Tanganyika | ... | Treasurer, Dares-Salaam. |
| The Seyohelles Island | ... | Treasurer, Seychelles Island. |
| Australasia | ||
| New South Wales | ... | Accountant, Commonwealth Sub-treasury, Sydney. |
| Dominion or colony | ... | Designation of paying officers |
| Queensland | ... | Accountant, Commonwealth Sub-treasury, Brisbane. |
| South Australia | ... | Accountant, Commonwealth Sub-treasury, Adelaide. |
| Tasmania | ... | Accountant, Commonwealth Sub-treasury, Hobart. |
| Victoria | ... | Secretary, Commonwealth Treasury, Melbourne. |
| Western Australia | ... | Accountant, Commonwealth Sub-treasury, Perth. |
2. Government servants spending their leave in Ceylon will draw their leave salaries from the Colonial Treasurer.
3. In the case of a government servant who is placed on deputation in interruption of leave out of India, the leave is treated as one spell of leave and consequently the leave before and after the deputation should both be treated as "initial period" for the purposes of proviso (a) to this rule and he should be allowed to draw, if he desires, leave-salary in India for the portion of leave immediately following the deputation. In such cases the period of deputation should not be taken into account in calculating the maximum period of four months prescribed in the above rule since deputation is duty for all purposes.
92.
The rupee and sterling maxima and minima prescribed in rules 89 and 90 shall be applied to leave salaries paid respectively in rupees and in sterling.Audit instructions regarding rules 91 and 92Under Fundamental Rule 91(2)(b) read with Fundamental Rule 92, a government servant who spend not more than one month of his leave in Asia prior to embarkation to spend the balance elsewhere, is entitled to draw leave-salary in respect of the entire period of his leave at the privileged rates and subject to the sterling minimum prescribed in Fundamental Rule 90.93.
A compensatory allowance should ordinarily be drawn only by a government servant actually on duty, but subject to such conditions as the Governor may by rule prescribe, a government servant on leave may continue to draw a compensatory allowance, or a portion thereof, in addition to leave-salary. One-of these conditions should be that the whole or a considerable part of the expense to meet which the allowance was given continues during leave.(For rules made by the Governor under rule 93, see Part III of this Volume, Chapter XII).Audit instruction regarding Rule 93When vacation is combined with leave, the entire period of vacation and the leave should be taken as one spell of leave for the purpose of this rule.Section VI - Exceptions and Special Concessions94. to 100.
[* * *]100A.
[Deleted.]101.
Subject to such conditions and in accordance with such principles as the Governor may by rule or order prescribe, maternity leave may be granted to female government servants and leave on account of ill-health to members of such subordinate services, as may be specified, whose duties expose them to special risk of accident or illness.Maternity leave and leave on account of ill-health shall be not debited to the government servant's leave account.(For rules made by the Governor under rule 101, see Part III of this Volume, Chapters XIII and XIV).102.
[* * *]103.
The leave which may be earned by-1. These leave terms shall apply to-
(a)government servants of Asiatic domicile engaged on contract on or after January 1, 1936, whether in India or abroad, and(b)government servants of non-Asiatic domicile engaged on contract on or after the date mentioned above, but not specially recruited overseas for service under the Government.Notes - (1) Government servants of non-Asiatic domicile engaged on contract who may be specially recruited overseas on or after January 1, 1936 shall be subject to such leave terms as may be prescribed by the Governor in each case.2. Where the contract is for one year or less, earned leave admissible will be at one-twenty-second of the period spent on duty. Though ranking as earned leave, this may be granted only on medical certificate and if subsequently it becomes necessary to grant the government servant further leave, after the earned leave has been exhausted, leave on medical certificate may be granted to him subject to the condition that the total period of the two kinds of leave does not exceed 1/11th of the period spent on duty.
If the government servant serves in a vacation department, earned leave will not be admissible but he may be granted, absolutely necessary leave on medical certificate to the extent of 1/22nd of the period spent on duty.3. Where the contract is for more than one year but not more than five years, leave on medical certificate may be allowed in addition to earned leave in accordance with the provisions of Subsidiary Rule 157-A subject to a maximum of four months in all during the period of contract. In addition, extraordinary leave may be granted in special circumstances when no other leave is admissible subject to a total maximum limit of three months in respect of such leave.
If the government servant serves in a vacation department, earned leave will not be admissible.4. Where the contract is for a longer term than five years or an original contract for five years or less is extended so as to make the total period of contract longer than five years, leave admissible to a permanent government servant under rule 81-B may be allowed subject to the restrictions that no leave on private affairs will be granted and that the leave on medical certificate will be limited to six months in all. In the case of extension of contract to a period longer than five years the government servants will be credited with the earned leave that would have been admissible had the contract been initially one of more than five years diminished by any earned leave already taken and leave on medical certificate if any already taken will count against the six months' limit prescribed above.
5. Where the contract is for an indefinite period, or an original contract for a definite period, is extended for an indefinite period, the leave terms for permanent government servants laid down in rule 81-B will be made applicable but the provisions of rule 87-A will not apply to them. In the latter case, i.e. when an original contract for a definite period is extended for an indefinite period, the government servant will be credited with the earned leave that would have been admissible had the contract been initially one for an indefinite period diminished by any earned leave already taken and leave on medical certificate, if any already taken, will count against the limit prescribed, in a clause 2(b) of rule 81-B.
6. In the case of government servants falling under paragraph 3 above, earned leave may be granted after the expiry of the contract only when it has been applied for during the period of the contract and refused owing to the exigencies of the public service. A government servant whose services are dispensed with on grounds of ill-health may be permitted to take all earned leave due to him before his service is terminated.
7. The leave salary during leave taken under the above paragraphs will be regulated as follows:
8. A government servant initially engaged on contract will become subject to the leave terms prescribed in this chapter for government servants recruited to service; or posts under the Government on or after January 1, 1936, in their entirety on his being taken into permanent employment after the expiry of his contract. In such a case the government servant will be credited with the earned leave that would have been admissible had his previous duty been duty as government servant in permanent employ diminished by any earned leave already taken, and leave on medical certificate, if any already taken will count against the limit prescribed in clause 2(b) of rule 81-B.
104.
During their period of probation or apprenticeship, probationers and apprentices are entitled to leave as follows:(a)if appointed under contract in the United Kingdom with a view to permanent service in India, or if appointed in the United Kingdom to posts created temporarily with the prospect, more or less definite, of becoming permanent:(i)to such leave as is prescribed in their contracts, or, when no such prescription is made;(ii)(1) when the period of probation is not less than three years, to the same leave which would be admissible if they held permanent posts; orChapter XI
Joining Time105.
Joining time may be granted to a government servant to enable him-1. If a government servant is authorised to make over charge of an office elsewhere than at its headquarters, any joining time to which he may be entitled shall be reckoned from the place at which he actually makes over charge.
2. The intention of sub-clause (i) clause (b) of this rule is that joining time should be allowed to those government servants who are granted privilege leave or leave on average pay for not more than four months, or those who are granted privilege leave up to a maximum of six months under the special war concession, and who are transferred to a new station on the termination of such leave.
3. If vacation is combined with leave, joining time should be regulated under clause (b)(i) of this rule if the total period of vacation and leave on average pay with which vacation may be combined is of not more than four months' duration and under clause (c) if otherwise.
4. In the case of a government servant who is appointed while on leave (whether spent in India or out of India) on average pay of not more than four month's duration to a post other than that from which he took leave, the full joining time calculated under Subsidiary Rule 174 in Part III is admissible, irrespective of the date on which the orders of transfer were received by the government servant concerned. Should the government servant join his new appointment before the expiry of such leave plus the joining time admissible, the period short taken should be considered as leave not enjoyed and a corresponding portion of the leave sanctioned should be cancelled.
If, in any case, the government servant desires not to avail himself of the full joining time admissible, the periods of leave and joining time should be adjusted with reference to such option.5. Joining time under clause (c) of this rule is reckoned from the date of debarkation at an Indian port. Colombo is not regarded as an Indian port for this purpose.
6. Joining time under Fundamental Rule 105(c) is admissible to government servant for organizing his domestic establishment even if he does not make any journey from the port of debarkation.
7. The time reasonably required for the journeys between the place of training and the station to which a government servant is posted immediately before and after the period of training should be treated as part of that period. This ruling is not intended to apply to probationers holding 'training posts' which they may be considered as taking with them on transfer. Such probationers are in entitled to joining time when transferred.
Orders of the Governor under Rule 1051. A government servant of the Central or another State Government who is appointed to a post under the Uttar Pradesh Government while on duty in his old post but who joins his new post after termination of his employment under the Central or another State Government, as the case may be, by resignation or otherwise should be allowed no joining time, or joining time pay, except when the employment of a particular servant is in the wider public interest.
2. In the ease of Government servants appointed under the Uttar Pradesh Government on the results of a competitive examination which is open both to government servants and others or as a result of selection after interview-
1. Provincial Medical officers who attend a post-graduate course at the King George's Medical College, Lucknow, or any other course of training are not entitled to full joining time for journeys either to join the post-graduate course or at its end, but can, according to audit instruction no. 7 regarding this rule, be allowed only the period actually required for journeys (without days for preparation) and that period should be treated as part of their training period. The Governor has, however, decided that if an officer is posted at the end of his training to a station other than the one from which he came to attend the training, he will be entitled to full joining time for joining that station.
2. Nurses who join the higher courses in nursing at the School of Nursing Administration, Delhi, are not entitled to full joining time both when joining the course and at its end, but can, according to instruction no. 7 regarding this rule, be allowed only the period actually required for journeys (without days for preparation) and that period should be treated as part of their training period. If, however, a nurse, at the end of the training has to join duties at a station other than the one from which she came to attend the training, she will be entitled to full joining time for joining that station.
106.
The joining time admissible in each of the cases mentioned in rule 105 shall be regulated by such rules as may be prescribed by the Governor with due regard to the time required for actual transit and for the organization of domestic establishment.(For rules made by the Governor under rule 106, see Part III of this Volume, Chapter XVIII).107.
A government servant on joining time shall be regarded as on duty and shall be entitled to be paid as follows:(a)If on joining time under clause (a) of rule 105, he is entitled to the pay which he would have drawn if he had not been transferred or the pay Which he will draw on taking charge of his new post, whichever is less.(b)If on joining time under clause (b) or (c) of rule 105, he is entitled-(i)when returning from extraordinary leave, other than extraordinary leave not exceeding fourteen days granted in continuation of other leave, to no payments at all;(ii)when returning from leave of any other kind, to the leave-salary which he last drew on leave at the rate prescribed for the payment of leave-salary in India.(c)If on joining time under clause (d) of rule 105, he is entitled to pay as though he were on duty in his post.Exception - A ministerial servant on transfer is not entitled to be paid while on joining time unless his transfer is made in the public interests.Orders of the Governor regarding Rule 107| Station......................... | Name................................. |
| Date........................... | Designation......................... |
108.
A government servant who does not join his post within his joining time is entitled to no pay or leave-salary after the end of the joining time. Wilful absence from duty after the expiry of joining time may be treated as misbehaviour for the purpose of rule 15.108A.
A person in employment other than Government service or on leave granted from such employment, if in the interests of the Government he is appointed to a post under the Government may, at the discretion of the Government, be treated as on joining time while he prepares for and makes the journey to join the post under the Government, and while he prepares for and makes the journey on reversion from the post under the Government to return to his original employment. During such joining time he shall receive pay equal to the pay, or in the case of joining time immediately following leave granted from the private employment, to the leave-salary paid to him by his private employer, prior to his appointment to government service, or pay equal to the pay of the post in government service, whichever is less.Chapter XII
Foreign Service109.
[* * *]110.
111.
A transfer to foreign service is not admissible unless-1. The transfer of a temporary government servant to foreign service is permissible under this rule.
2. The principles of this rule should be applied most rigorously to a proposal to lend the services of a government servant to a private undertaking. In general such a loan should be regarded as a very exceptional case requiring special justification.
3. The condition in this rule that a transfer to a foreign service is not admissible unless the duties to be performed after the transfer are such as should for public reasons be rendered by a government servant, means (a) that the duties must be such that their proper discharge is in the public interest, and (b) that such discharge requires or can be best secured by the deputation of a government servant. If the second condition is not fulfilled, there can be no public reasons which require that the duties must be rendered by a government servant, since, if these duties can be performed equally well by a person other than a government servant, public interests will not suffer if a transfer is not made. Where, for example, the duties to be performed under a foreign employer, are of a clerical nature, the second of the above conditions cannot possibly be fulfilled as competent clerks can easily be obtained in the open market. Nor is the second condition fulfilled by the mere fact that a public body or institution has asked for the services of a government servant. The public body or institution must also show that it cannot find a suitable employee except by obtaining the loan of a government servant.
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.Orders of the Governor regarding Rule 1121. This rule does not apply to cases in which a government servant is permitted by the Government to accept foreign service while on leave preparatory to retirement and it is decided by the Government that the employment should be treated as private employment and that the government servant should not be placed on the usual foreign service terms.
2. (i) The concession of drawing leave-salary during leave preparatory to retirement in addition to pay from an Indian State should not be granted to government servants retiring before reaching the age of superannuation, if they take such leave after 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.
113.
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 government service. Subject to any restrictions which the Governor 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.Orders of the Governor regarding Rule 114The amount of remuneration to be granted to a government servant transferred to foreign service in India, including an Indian State, will be regulated by the following orders:1. When the transfer of a government servant to foreign service in India is sanctioned, the pay which he shall receive in such service must be precisely specified in the order sanctioning the transfer. If it is intended that he shall receive any remuneration, or enjoy any concession of pecuniary value in addition to his pay proper, the exact nature of such remuneration or concession must be similarly specified. No government servant will be permitted to receive any remuneration or enjoy any concession which is not so specified; and, if the order is silent as to any particular remuneration or concession, it must be assumed that the intention is that it shall not be enjoyed.
2. No order of transfer to foreign service shall be issued by a department of the Government without previous 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.
3. The following two general principles must be observed in sanctioning the conditions of transfers:
4. Provided that the two principles laid down in paragraph 3 above are observed, the following concessions may be granted by the foreign employer with the sanction of the Government. Such concessions must not be sanctioned as a matter of course, but in those cases only in which their grant is in accordance with local custom and the wishes of the foreign employer and is, in the opinion of the Government justified by the circumstances. The value of the concessions must be taken into account in determining an appropriate rate of pay for the government servant in foreign service:
5. The grant of any concession not specified in paragraph 4 above requires the special sanction of the Government.
5A. A government servant transferred to foreign service is eligible for sterling overseas pay under the rules or terms applicable to him, and the grant of such pay should be settled in each case in consultation with the foreign employer. As it is impossible to express any part of the pay in foreign service in sterling, any increase given on account of sterling overseas pay with the consent of the foreign employer should be converted into rupees at the rate of exchange current on the date the government servant is transferred to foreign service. In certain cases the pay of a government servant in foreign service may be fixed as the pay he would receive from time to time in government service or the pay of a post in government service with or without an addition thereto in the form of a percentage of such pay and/or of a fixed sum. In such cases the foreign employer should be called on to pay the equivalent of sterling overseas pay according to the terms of the arrangement, though even in such cases, his concurrence should be obtained. The sterling pay will then be converted monthly to rupees at the current rate. There is, however, no objection to a foreign employer making his own arrangements, if he so desires, to disburse the overseas pay in sterling and the employee agrees to it, but for purposes of calculating contribution, the amount paid in sterling shall be converted to rupees at the "current rate of exchange."
Note - The expression "current rate of exchange" used above means the current rate as mentioned in the note below rule 51.6. When a government servant of non-Asiatic domicile who is entitled to passage concessions is transferred to foreign service, the foreign employer is liable to pay a contribution to the Government at the rate of Rs. 30 per mensem on his behalf. The contribution will be payable throughout the government servant's service under the foreign employer, i.e. whether he is on duty or on leave.
6A. The pay and allowances of a government servant transferred to foreign service shall ordinarily be regulated as follows by the authority competent to sanction the transfer who shall specify precisely the amount of pay and other concessions to be granted. Any departure from these orders requires the previous sanction of the Government. When a government servant in receipt of overseas pay is granted, on transfer to foreign service in India or on the occasion of extension of the period thereof, an increase over his substantive pay in the regular line and the increase is expressed as a percentage of substantive pay, the percentage should be applied only to the basic pay drawn by the government servant in the regular line and not to his overseas pay, this decision applies equally to sterling and rupee overseas pay and to government servants of Asiatic and non-Asiatic domicile.
7. The pay of a government servant transferred to a post the duties of which are similar to those of the post which he held when transferred, should be fixed at a sum which does not exceed by more then 25 per cent, of his last substantive pay in the service of the Government, or if he is officiating in a grade or post from which he is unlikely to revert, 25 percent of his last pay. The special pay, personal pay or other emoluments classed as 'pay' under Fundamental Rule 9(21) (iii) should not be taken into account in regulating foreign service pay without the sanction of the Governor.
8. A government servant transferred to an unusually responsible or difficult post or to one the duties of which differ from those of his post under the Government, should receive pay specially fixed with reference to his status and pay in the service of the Government and the nature of the work for which he is transferred. The special pay, personal pay or other emoluments classed as 'pay' under Fundamental Rule 9(21)(iii) should not be taken into account in regulating foreign service pay without the sanction of the Governor.
9. Increases of pay will be regulated as follows:
(a)A government servant whose pay is fixed under paragraph 7 above and who belongs to a graded service or to a service in which pay is regulated by a time-scale, may, on the occasion of each substantive promotion on his departmental list or accrual of periodical increment, be granted an increase to that which such promotion or increment would have given in government service plus a sum not exceeding 20 per cent thereon. If such a government servant would have obtained, had he remained in the service of the Government, officiating promotion from which he would not have been likely to revert, his foreign service pay may be raised, with the consent of the foreign employer, to the amount of enhanced pay which he would have received in the service of the Government plus a sum not exceeding 20 per cent of such pay.(b)In all other cases in which pay is fixed under paragraph 7 and in all cases in which it is fixed under paragraph 8, a revision of pay involving an increase will be allowed only in the following circumstances:10. The pay of deputy collectors, tahsildars, naib-tahsildars and kanungos who are transferred to foreign service for employment under the Court of Wards shall be regulated as follows:
| (a) Deputy collectors inclusive of probationarydeputy collectors and tahsildars, also naib-tahsildars, who arenot selected candidates and have not passed the departmentalexamination. | { | Pay in the time-scale or grade pay which theywould draw from time to timeplusan addition of a fixedpercentage not exceeding 25 per cent, on that pay to be decidedin each case by the authority sanctioning the transfer. |
| (b) Naib-tahsildars who are both selected candidates and havepassed the departmental examination. | Pay on a special scale of Rs. 175-10-205. | |
| (c) Kanungos | Grade payplusan additional pay of Rs. 30. |
11. In the absence of specific mention to the contrary in the order sanctioning a transfer, the rate of pay to be drawn during joining time will be the rate of pay admissible in foreign service.
12. When a police officer who is entitled to an allowance for the maintenance of a uniform, horse and saddlery is placed on foreign service, the foreign employer is liable to pay a monthly contribution calculated, as explained in the example given in the next sub-para on the basis of the rate of the allowance in force from time to time, for the entire period of such service. The contribution will be payable also during periods of leave.
In case of State Police Officers on deputation to the Government of India or to another State Government, it has been decided with the concurrence of the Government of India that the uniform, horse and saddlery allowance will be paid, on becoming due, by the State Government in the first instance but a proportionate charge will be made from the borrowing Government for the period the officer has served on deputation. For example, if the rate of uniform allowance for State Police Service Officers, be Rs. 900 payable every ten years, recovery in their case will be made at the rate of Rs. 90 per year or Rs. 7.50 paise per month in respect of uniform allowance. Such recoveries should be made from the borrowing Government in a lump sum once in a year in the month of March. When an officer on reversion from service under the borrowing Government proceeds on leave, recoveries should be made up to the date of his proceeding on leave and for the period of his joining time, if admissible.The above procedure will also be applied in respect of the officers belonging to the Indian police service whose services are lent on deputation to the Government of India or to another State Government.13. Specific terms in regard to travelling allowance to be allowed to government servants for journeys on transfer to foreign service and on reversion therefrom, should invariably be prescribed by sanctioning authorities in consultation and agreement with foreign employers.
115.
116.
The rate of contributions payable on account of pension and leave-salary shall be such as the Governor may by general order prescribe.Orders of the Governor regarding Rule 1161. The following rates of contributions are leviable:
[Rates of monthly contribution for pensionary benefits payable during active foreign service in respect of -] [These rates are effective from 1-11-1982 vide O.M. No. 2 G-1-2700/X-534 (10), dated 15-12-1982.]| Year of Service | Group 'A' Employees | Group 'B' Employees | Group 'C' Employees | Group 'D' Employees |
| 1 | 2 | 3 | 4 | 5 |
| 0-1 Year | 7% of the maximum monthly pay of the post in theofficiating/substantive grade, as the case may be. | 6 % of the maximum monthly pay of the post inthe officiating/substantive grade, as the case may be. | 5 % of the maximum monthly pay of the post inthe officiating/substantive grade, as the case may be. | 4 % of the maximum monthly pay of the post inthe officiating/substantive grade, as the case may be. |
| 1-2 year | 7 % Ditto | 6 % Ditto | 6 % Ditto | 4 % Ditto |
| 2-3 year | 8 % Ditto | 7 % Ditto | 6 % Ditto | 5 % Ditto |
| 3-4 year | 8 % Ditto | 7 % Ditto | 7 % Ditto | 5 % Ditto |
| 4-5 year | 9% Ditto | 8% Ditto | 7% Ditto | 5% Ditto |
| 5-6 year | 10% Ditto | 8% Ditto | 7% Ditto | 6% Ditto |
| 6-7 year | 10% Ditto | 9% Ditto | 8% Ditto | 6% Ditto |
| 7-8 year | 11% Ditto | 9% Ditto | 8% Ditto | 6% Ditto |
| 8-9 year | 11% Ditto | 10% Ditto | 9% Ditto | 7% Ditto |
| 9-10 year | 12% Ditto | 10% Ditto | 9% Ditto | 7% Ditto |
| 10-11 year | 12% Ditto | 11% Ditto | 10% Ditto | 7% Ditto |
| 11-12 year | 13% Ditto | 11% Ditto | 10% Ditto | 8% Ditto |
| 12-13 year | 14% Ditto | 12% Ditto | 10% Ditto | 8% Ditto |
| 13-14 year | 14% Ditto | 12% Ditto | 11% Ditto | 8% Ditto |
| 14-15 year | 15% Ditto | 13% Ditto | 11% Ditto | 9% Ditto |
| 15-16 year | 15% Ditto | 13% Ditto | 12% Ditto | 9% Ditto |
| 16-17 year | 16% Ditto | 14% Ditto | 12% Ditto | 9% Ditto |
| 17-18 year | 16% Ditto | 14% Ditto | 13% Ditto | 10% Ditto |
| 18-19 year | 17% Ditto | 15% Ditto | 13% Ditto | 10% Ditto |
| 19-20 year | 17% Ditto | 15% Ditto | 13% Ditto | 10% Ditto |
| 20-21 year | 18% Ditto | 16% Ditto | 14% Ditto | 11% Ditto |
| 21-22 year | 19% Ditto | 16% Ditto | 14% Ditto | 11% Ditto |
| 22-23 year | 19% Ditto | 17% Ditto | 15% Ditto | 11% Ditto |
| 23-24 year | 20% Ditto | 17% Ditto | 15% Ditto | 12% Ditto |
| 24-25 year | 20% Ditto | 17% Ditto | 16% Ditto | 12% Ditto |
| 25-26 year | 21% Ditto | 18% Ditto | 16% Ditto | 12% Ditto |
| 26-27 year | 21% Ditto | 18% Ditto | 16% Ditto | 13% Ditto |
| 27-28 year | 22% Ditto | 19% Ditto | 17% Ditto | 13% Ditto |
| 28-29 year | 23% Ditto | 19% Ditto | 17% Ditto | 13% Ditto |
| 29-30 year | 23% Ditto | 20% Ditto | 18% Ditto | 13% Ditto |
| Over 30 years | 23% Ditto | 20% Ditto | 18% Ditto | 14% Ditto |
| percentage of pay drawn in foreign service. | ||
| Members of Class I Provincial Services | ... | 15 |
| Members of Class II Provincial and subordinate Services | ... | 12 ½ |