State of Assam - Act
Fundamental Rules and Subsidiary Rules
ASSAM
India
India
Fundamental Rules and Subsidiary Rules
Rule FUNDAMENTAL-RULES-AND-SUBSIDIARY-RULES of 1940
- Published on 1 January 1940
- Commenced on 1 January 1940
- [This is the version of this document from 1 January 1940.]
- [Note: The original publication document is not available and this content could not be verified.]
Part I – Chapter I
Extent of ApplicationF.R.1. These rules may be called the Fundamental Rules. They shall come into force with effect from the 1st January, 1940.Note. The statutory rules framed by Government have effect from the date on which they are passed subject to any special provisions as to the date of effect in the rules themselves. A sanction accorded by Government, in the absence of any indication to the contrary in the order itself, lapses if and when it is superseded by an order of a latter date.F.R.2. (1) The Fundamental Rules apply to all Government servants whose pay is debitable to civil estimates of Assam. No rules modifying or replacing any of the Fundamental Rules shall adversely affect any person who is in Government service at the time when these rules come into force except under the direction of the authority competent or empowered to make such a rule under paragraph (a) of sub-section. (3) of Section 241 of the Government of India, 1935.Chapter II
Definitions
F.R.9. Unless there be something repugnant in the subject or context the terms defined in this Chapter are used in the rules in the sense here explained ;F.R.9. (1) The "Act" means the Government of India, Act, 1935.F.R.9. (2) "Average Pay" means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay :Provided that in respect of any period spent of deputation out of India which has been declared by the Governor to be under quasi-European conditions the pay which the Government servant would have drawn if on duty in India shall be substituted for the pay actually drawn.Note. In the case of Government servants who are not deputed out of India of special items of work but are placed on continuous service with commission and committees whose functions require work both in and out of India, the reference to the "pay which the Government servant would have drawn if on duty in India" should be interpreted as a reference to the pay which he would have drawn in India had he continued on duty with the commission or committee there.Audit Instruction. - (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 have been on leave for more than 12 months immediately preceding the month in which the leave is taken then the average should be taken of the monthly pay earned during the 12 complete months immediately preceding the month in respect of which the previous leave commenced.Note 1. In the case of a Government servant on foreign service out of India lasting for more than 12 months who, on reversion to British 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.Note 2. Any period of joining time taken either under Clause (b) or under Clause (c) of F.R. 105 during the preceding 12 months should be ignored in calculating average pay, as no "pay" is drawn in respect of such joining time.Audit Instruction. - (2) The term "month" in these rules means "calendar month" as in F.R.9 (18).Audit Instruction. - (3) In the case of a 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 F.R. 82 (b), and the pay drawn by the Government servant during the vacations should be treated as pay drawn on duty and should, therefore, be taken into account in determining his leave salary during the succeeding leave.Audit Instruction. - (4) In the case of a Government servant of a Vacation Department both prefixing and affixing leave to a vacation, the leave-salary for the leave affixed should be calculated on the pay drawn by the Government servant during the twelve complete months preceding the commencement of his leave.F.R.9 (3) "Barrister" means a practising barrister of England or Ireland, and a practising member of the Faculty of Advocates of the Court of Session of Scotland. It does not include a person who, though called to the Bar, has never practised the profession of barrister.F.R.9 (4) "Cadre" means the strength of a service or a part of a service sanctioned as a separate unit.F.R.9 (5) "Compensatory allowance" means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance, but does not include a sumptuary allowance nor the grant of a free passage by sea to or from any place outside India.Note. In view of the importance attached to the correct classification of additions to pay such as special pay and compensatory allowance, it can be accepted as a general principle that the reasons for the grant of such additions to pay should be briefly recorded in the letter or memorandum conveying the sanction. In cases, however, in which an official record in an open letter may be undesirable, it should be possible to communicate the reasons confidentially to the audit authority.Audit Instruction. - (5) The allowances granted to Professors of Medical Colleges who are denied the privilege of private practice should be treated as compensatory allowances.F.R.9 (6) "Duty" - (a) Duty includes-(i)Service as a probationer or apprentice ; provided that such service is followed by confirmation.Note. The service of probationer in State and Subordinate Services and in special posts sanctioned by the Government of Assam counts as duty for increments under F.R. 26 (a) before confirmation, if the scale of pay fixed for a particular service or post provides for the grant of increments during the probationary period. The service of persons appointed on probation to post with incremental scales of pay in which there is no stage for probationary period also counts as duty for increments.(ii)Joining time.Note. Joining time under Clause (b) or (c) of F.R. 105 on return from extraordinary leave counts as "Duty" although under F.R. 107 (b) (i) the Government servant may not be entitled to any payment at all during such joining time; but see Audit Instruction (5) below F.R. 26.(iii)Extra leave on average for three weeks granted to a Government servant undergoing anti-rabic treatment.(b)The State Government may issue orders declaring that, in circumstances similar to those mentioned below, a Government servant may be treated as on duty-(i)during a course of instruction or training;(ii)in the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing, through a course of training at a University, College or School, the interval between the satisfactory completion of the course and his assumption of duties;(iii)during preparation for an examination in any oriental language.(iv)[Deleted.]S.R.3 (1) - A Government servant, who has been substantively appointed to a post or to a cadre in Government service or officiating in a temporary or permanent post shall be treated on duty during any course of instruction or training which he may be required or permitted to undergo in accordance with the terms of any general or special orders of Government and during the time reasonably required for the journeys to and from the place of instruction or training.Note 1. In estimating the "time reasonably required for the journey" the head of the office or the controlling authority as defined in Appendix 30 of the Subsidiary Rules, may, when necessary, allow the time for preparation up to a limit for six days but should not ordinarily do so in cases when the course of instruction lasts for less than six months. If the course of instruction lasts for less than six months but more than one month, time for preparation up to a limit for three days may, in exceptional circumstances, be allowed.Note 2. Police Officers deputed to the State Finger Print Bureau for a course of training will be treated as being on duty during the period of training and so will newly appointed Sub-Inspector of the Police (Cadets) while under training in a Police Training School or College.Note 3. In the case of Government servants who join the Army in India Reserve of Officers the time spent on training will count as duty under F.R.9 (6) (b).Note 4. Officers of the Education Department deputed by the Director of Public Instruction to a Scouter's or Guide Training Camp/Red Cross Training Camp, vallies jamborees, etc. will be treated as on duty during the period of training.Note 5. When an officer attends departmental examination immediately after completion of training and returns to his old post he will be entitled to a reasonable time required for the journey under S.R. 3 (1).Note 6. When an officer is transferred to a post other than the post from which he proceeded on training immediately after completion of the training he will be entitled to a reasonable time required for the journey from place of training to his former post under S. R. 3 (1) and then will be entitled to his joining time under F.R. 105 for the journey from the place of his former post to that of his new one.Note 7. When an officer is transferred to a post other than his old post after attending the departmental examination in continuation of his survey and Settlement Training he will be entitled to his joining time as in the case of Note 6 above.Note 8. (1) Government servants deputed to the Survey and Settlement Training at Jhalukbari or any other place as the State Government may decide will be treated as on duty during the period of training.1. Overseas pay at the rate or rates sanctioned for a particular service or post may be drawn by an officer having at the date of his appointment to such service or post his domicile elsewhere than in Asia :
Provided that no such officer shall be entitled to this concession who, prior to such appointment, has for the purpose of his appointment to any office under the Government or of the conferment upon him by the Government of any scholarship, emoluments or other privilege, claimed or been deemed to be a native of India.2. For the purposes of these rules, the domicile of a person shall be determined in accordance with the provisions set out in the Schedule to these rules. [For Schedule see "the Schedule referred to in F.R. 75-A" inserted after F.R. 130 in Section II] :
Provided that a person who was born and has been educated exclusively in Asia and has not resided out of Asia for a total period exceeding six months, shall be deemed to have his domicile in Asia.3. No officer 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.
4. If any question arises as to the domicile of any officer at the time of his appointment the decision thereon of the (Provincial) Government shall be final.
F.R.9 (21) (a) "Pay" means the amount drawn monthly by a Government servant as-(i)the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre ; and(ii)overseas pay, technical pay, special pay and personal pay; and(iii)any other emoluments which may be specially classed as pay by the State Government.Note 1. Judicial pay and language pay shall be regarded as "pay" for all purposes.Note 2. In the case of a piece-worker in the Assam Government Press when appointed to a post on a time-scale , "pay" shall be deemed to be equivalent to one hundred and seventy-five times his hourly class rate.Audit Instruction 1. - If language allowances are lump sum allowances, they will be dealt with under F.R. 46. If they are recurring payments, they will fall under the head "pay" under F.R. 9 (21) (a).Audit Instruction 2. - If the allowances granted to medical officers in the medical charge of Railway employees are paid from the revenue of the State, they be classified as "Special Pay" If they are paid by Companies, they cannot be treated as "Special Pay" unless contribution is paid.(b)[Deleted.]F.R.9 (22) "Permanent post" means a post carrying a definite rate of pay sanctioned without limit of time.F.R.9 (23) "Personal pay" means additional pay granted to a Government servant-(a)to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure ; or(b)in exceptional circumstances, or other personal considerations.Note. All cases in which it is proposed to grant personal pay under F.R.9 (23) (b) may be referred to the Government in the Finance Department through Administrative Departments concerned. No case will be entertained which is not of an entirely exceptional character and in submitting cases for the grant of personal pay this should be carefully borne in mind.F.R. (24) "Presumptive pay of a post", when used with reference to any particular Government servant, means the pay to which he would be entitled, if he held the post substantively and were performing its duties, but it does not include special pay unless the Government servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned.Audit Instruction. - The first part of the definition is intended to facilitate the use of the term in relation to a Government servant who has been absent from a post for sometime but still retains a lien on it.F.R.9 (24-A) "Revenue of the Federation and Revenues of the Province." These expressions have the meanings assigned to them respectively in Section 136 of the Act [vide also Note to Treasury Rule 2 (b)].F.R.9 (25) "Special pay" means an addition, of the nature of pay, to the emoluments of a post or of a Government servant, granted in consideration of-(a)the specially arduous nature of the duties ; or(b)a specific addition to the work or responsibility ;(c)[Deleted.] [Vide Notification No. FEG. 23/68 Pt., dated 3rd December, 1968 effective from the same date].F.R.9 (26) [Deleted].F.R.9 (27) "Subsistence grant", means a monthly grant made to a Government servant who is not in receipt of pay or leave salary.F.R.9 (28) "Substantive pay" means the pay other than special pay, personal pay or emoluments classed as pay by the Provincial Government under Rule 9 (21) (a) (iii), to which a Government servant is entitled on account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.Note. In the case of a piece worker in the Assam Government Press, when appointed to a post on a time-scale, "substantive pay" shall be deemed to be equivalent to one hundred and seventy-five times his hourly class rate.F.R.9 (29) "Technical pay" means pay granted to a Government servant in consideration of the fact that he has received technical training in Europe.F.R.9 (30) "Temporary post" means a post carrying a definite rate of pay sanctioned for a limited time.Note. A temporary post can be held either substantively or in an officiating capacity. An extension of a temporary post to cover the period of leave granted to its holder is expedient only when the grant of leave involves no expense to Government but improper in the absence of this condition.F.R.9 (30-A) "Tenure post" means a permanent post which an individual Government servant may not hold for more than a limited period.Note. In case of doubt the State Government will decide whether a particular post is or is not a tenure post.F.R.9 (31) (a) "Time-scale pay" means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay hitherto known as progressive.(b)Time-scales are said to be identical if the minimum, the maximum period of increment and the rate of increment of the time-scales are identical.(c)A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service of establishment or group of establishments ; so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.F.R.9 (32) "Travelling allowance" means an allowance granted to a Government servant to cover the expenses which the incurs in travelling in the interests of the public service. It includes allowances grated for the maintenance of conveyances, houses and tents.General DefinitionsS.R.4. - Unless there is something repugnant in the subject or context, terms defined below are used in the sense here explained :Part II – Chapter III
General Conditions of ServiceF.R.10. 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 (State) Government may make rules prescribing the form in which medical certificate should be prepared, and the particular medical or other officers by whom they should be signed. It may, in individual cases, dispense with the production of certificate, and may by general order exempt any specified class of Government servant from the operation of this rule.Note. A medical certificate of health should be obtained from all whenever appointments are made to temporary posts which have been made sanctioned at least for a period of one year and whenever such appointments are made without specifying a period. Such certificate may not be insisted upon when the period is less than four months.Conditions of Age, Health and Medical CertificateS.R.5. - (i) A medical certificate of fitness for Government service shall be in the following form :"I hereby certify that I have examined A. B. a candidate for employment in the....... Department, and cannot discover that...... has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except...... I do not consider this a disqualification for employment in the office of.........Note. In the case of non-gazetted officers the signature of the candidate, or if the candidate is illiterate, his left thumb and finger impressions should be taken on the certificate in the presence of , and certified as so taken by the Medical Officer who grants the certificate. These should afterwards be verified by the Head of the Office with those in the Service Book.(ii)A candidate for employment may produce a certificate in the above form signed by any Commissioned Medical Officer of Government or by any Medical Officer-in-charge of a civil station ; provided that-(a)no person shall be confirmed in a permanent post until he has produced a certificate in the above form signed by the officer in medical charge of the district in Assam in which he ordinarily resides or has his headquarters.(b)in Shillong, women candidates for Government service in Gazetted and non-Gazetted appointments shall be examined by the Medical Superintendent, Ganesh Das Women and Children Hospital, Shillong, for all purposes when the Medical Examination is to be done by a single Medical Officer. In the mofussil such examination shall be done by the Civil Surgeons of the Districts concerned or by the Women Medical Officers where they are appointed and the certificate granted by the latter shall be countersigned by the Civil Surgeons of the Districts concerned.(iii)When a woman candidate is to be examined by the Medical Board in Shillong, the Medical Superintendent, Ganesh Das Women and Children Hospital, Shillong, shall be one of the members of the Shillong Standing Medical Board. In Dibrugarh, where also meetings of the Dibrugarh Standing Medical Board are held, action to include a Woman Medical Officer Honorary or otherwise for the purpose of medical examination of women candidates referred to it, shall be taken if she is available ; and(c)in the case of a post on pay no exceeding fifty rupees, the appointing authority may accept a certificate signed by any Government Medical Officer.S.R.6. - Except as otherwise provided by rules governing recruitment to particular service a person whose age exceeds twenty-five years on the 1st January of the year in which the recruitment is made may not ordinarily be admitted into service of the State in superior pensionable service without the sanction of Government in the Home Department, the Head of the Department or the Commissioner of Divisions. The ordinary limit is extended to-(a)thirty years in the case of-(i)a person appointed to Assam Civil Service from the Bar ;(ii)appointments to teaching posts in College in the Assam Educational Service;(iii)appointments to teaching posts on non-technical subjects in Engineering and Technical Institutions ; and(b)twenty-nine years in the case of appointment of Medical graduates in the services of the State Government;(c)thirty-five years in respect of candidates in employ in aided schools for appointments to Class II of Assam School Service ; provided they are eligible for the same otherwise and have acquired necessary experience.Note. This rule does not apply to the employment in civil capacities of reservists and pensioners of the Indian Army.S.R.7. - The following classes of Government servants are exempted from the operation of F.R. 10-(a)All persons appointed to inferior service ;(b)All Government servants promoted from inferior to superior service ;(c)The political jemadars and interpreters belonging to the hill tribes in the North-Frontier Tracts;(d)Government servants appointed by the Secretary of State or the High Commissioner for India;(e)Lower Primary School Pandits belonging to hill tribes in the Sadiya and Balipara Frontier Tracts.S.R.8. - (a) In the case of a Government servant whose year of birth is known, but not the exact date, the 1st July should be treated as the date of birth for the purpose of determining the date on which the Government servant concerned should be held to have attained the age of 55 years. Similarly, if only the month and year of birth is known, the 16th of the month is taken to be the exact date of birth.(b)In the case of a Government servant whose date of birth is not known the following principles should be observed in determining his age :(i)In the case of a person who first entered military employ was subsequently employed in a Civil Department, his date of birth for the purpose of his civil employment should be the date stated by him at the time of attestation. Cases often arise in which the documents referring to the previous military service do not give the definite date of birth but only the age stated at the time of attestation. In such cases, the Government servant concerned should be assumed to have completed the stated age on the date of attestation e.g., if an ex-soldier was enrolled on 1st January, 1910, and if on that date his age was stated to be 18, his date of birth should be taken as 1st January, 1892 ;(ii)The method in paragraph (i) above should also be followed in cases when a person enters civil employ without having rendered any military service and is unable to give his date of birth but gives his age.(c)Commissioner and Heads of Departments may alter the recorded date of birth in the case of non-Gazetted servants ; provided they are satisfied after enquiry that the previous date was incorrect.Note. The Head of the office should record the date of birth in the Service Book of a non-Gazetted Government servant on his initial appointment with reference to the Matriculation or equivalent certificate and shall also record a remark to this effect in the Service Book. In cases where these are not available, the Head Office should verify the date with reference to the birth certificate to be produced by the Government servant and record a note to that effect in the Service Book. In the case of Gazetted Government servant, the verification should be made according to the above procedure on his initial appointment by the Administrative Department concerned. They should intimate the date of birth of the officer as verified to the Accountant General for incorporation of the same in the History of Services of the Gazetted Governments servants.No alteration in the date of birth of a Government servant should be allowed except in very rare cases where a manifest mistake has been made. Such mistake should be rectified at the earliest opportunity in the course of : (1) periodical re-attestation of the entries in the first page of service book and (2) preparation of the annual detailed statement of a permanent establishment (Financial Rule Form No. 11) in which is noted the date of incumbent's birth. In no case request for change in the date of birth of a Government servant made on a date within three years of the date of his actual superannuation should be entertained.The following criteria should be followed in Considering requests for change in date of birth which are not time-barred. Such request should be supported by satisfactory documentary evidence (such as the Matriculation or equivalent certificate or duly attested copy of birth certificate) together with a satisfactory explanation of the circumstances in which the wrong date came to be entered and statement on any previous attempts made to have the record amended. It should also be examined whether the Government servant concerned would have been within the age- limits prescribed for Government service at the time he entered service with reference to the different date later claimed by him as the correct date. If he would not have been so eligible, it should be examined whether the date actually accepted then was given by him bona fide and did not give him some advantage in securing admission into service at that time, and the change proposed later on is for bona fide reasons and not merely to gain some fresh advantage.F.R.11. Unless in any case it would be otherwise distinctly provided the whole-time of a Government servant is at the disposal of the Government which pays him, and he may be employed in any manner required by proper authority without claim for additional remuneration whether the services required of him are such as would ordinarily be remunerated from a local fund, from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government or from the funds of an Autonomous District Council.F.R.12. (a) Two or more Government servants cannot be appointed substantively to the same permanent post at the same time.(b)A Government servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.(c)A Government servant cannot be appointed substantively to a post on which another Government servant is holding a lien.F.R.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.F.R.13. Unless his lien is suspended under Rule 14 or transferred under Rule 14-B, a Government servant holding substantively a permanent post retains a lien on that post-(a)while performing the duties of that post ;(b)while on foreign service, or holding a temporary post, or officiating in another post;(c)during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;(d)while on leave ; and(e)while under suspension.F.R.14. (a) The State Government shall suspend the lien of a Government servant on a permanent post which he holds substantively if he is appointed in a substantive capacity-2. While the technical position is as stated above, there is no doubt that the reversal of permanent arrangements made in the vacancies caused by the dismissal, removal or reduction, etc., of Government servants, pending final decisions on their cases, may cause considerable hardship to Government servants to be reverted and also administrative inconvenience. The undersigned, is therefore, directed to draw attention to the desirability of not making permanent arrangements in such vacancies as far as possible while an appeal or representation of an officer affected is pending or expected to be submitted and until final decision thereon has been reached.
F.R.16. A Government servant may be required to subscribe to a provident fund, a family pension fund, or other similar fund, in accordance with such rules as the Governor may by order prescribe.F.R.17. (1) Subject to any exceptions specifically made in these rules and to the provision of sub-Rule (2), an officer shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge duties :Provided that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.Part III – Chapter IV
PayF.R.19. The fixation of pay is within the competence of the State Government : Provided that, except in the case of personal pay granted in the circumstances defined in R. 9 (23) (a), the pay of a Government servant shall not be so increased as to exceed the pay sanctioned for his post without the sanction of an authority competent to create a post in the same cadre on a rate of pay equal to his pay when increased.Note 1. It is not the intention of this rule that the State Government should grant less pay than is permissible under F.Rr. 22 and 23.Note 2. Except is special cases retrospective effect to increase of pay and allowance will not be given.F.R.20. When a Government servant is treated as on duty under Rule 9 (6) (b), the State Government may at their option authorise payment to him of the pay of his substantive appointment, or of any lower rate of pay which the State Government may consider suitable. If the duty consists in a course of training or instruction the pay admissible may, if the State Government so directs, be instead of either of the rates just specified, the pay of any officiating appointment held by the officer at the time he was placed on such duty, but this rate of pay shall not be allowed for a period longer than that for which the officer would have held the officiating appointment had he not been placed upon a course.Audit Instructions. - (1) A Government servant who is treated as on duty during a course of instruction or training and who, at the time when he was placed on such duty, was drawing higher pay on account of an officiating appointment may, on every occasion during the period of instruction or training when he would have held that officiating appointment but for such instruction or training, be allowed to draw pay equivalent to what he would have drawn had he been holding the officiating appointment.| Course of Training | Assistant Surgeon Rs. | Sub-Assistant Surgeon Rs. |
| (i) Leprosy Training, Calcutta | 50 | 30 per mensem |
| (ii) Post-graduate Course, Calcutta | 50 | 30Ditto |
| (iii) School of Tropical Medicine, Calcutta | 50 | 30Ditto |
| (iv) X-ray Course, Dehra Dun | 50 | 30Ditto |
| (v) Malaria Course (India) | 50 | 30Ditto |
| (vi) Pasture Institute, Shillong (when the course is for morethan 15 days) | 50 | 30Ditto |
| (vii) Preliminary training at Calcutta in connection withteaching appointment in the Berry-White Medical School atDibrugarh | 50 | 30Ditto |
| (viii) Sanitation and Hygiene under the Assistant Directors ofPublic Health, Assam, at their Divisional Headquarters. | Rural Health Inspector Rs. 15 per mensem |
| No. FEG. 11/59/5 | dated the 12th March, 1960 |
3. The deductions falling under category (b), which should not be made except with the Government servant's written consent, are as under :
4. It has further been decided that deductions of the following nature should not be made from the subsistence allowance-
5. As regards recovery of over payments, there is no bar to effect the same from the subsistence allowance, but the competent administrative authority will exercise discretion to decide, whether the recovery should be held wholly in abeyance during the period of suspension, or it should be effected at full or reduced rate, depending on the circumstances of each case.
6. The above orders will be applicable in case of all Government servants under the rule making control of the Governor of Assam.
Sd.There is no bar to effect recovery of over payments from the subsistence allowance, but the recoveries should not ordinarily be made at a rate greater than one-third of the amount of the subsistence allowance i.e., exclusive of dearness allowance, if any, admissible to the Government servant under F.R. 53 (i) (ii) (a). [Notification No. FEG. 100/60/76, dated the 21st March, 1963].Government of AssamFinance Department General (Establishment) Branch| No. FEG. 23/66/Part/1/49 | dated, Shillong, the 13th January, 1972 |
| Date of increment | 23-4-1964 |
| Day | From | To |
| 3 | 29-5-64 | 31-3-64 |
| 6 | 15-7-64 | 20-7-64 |
| 9 | 7-10-64 | 15-10-64 |
| 4 | 18-12-64 | 21-12-64 |
| 3 | 26-1-65 | 28-1-65 |
| 4 | 16-3-65 | 19-3-65 |
| 29 |
| Old Rule | Month | Days | |||
| From | 23-4-64 | to | 28-5-64 | 1 | 6 |
| “ | 1-6-64 | “ | 14-7-64 | 1 | 14 |
| “ | 21-7-64 | “ | 6-10-64 | 2 | 16 |
| “ | 16-10-64 | “ | 17-12-64 | 2 | 2 |
| “ | 22-12-64 | “ | 25-1-65 | 1 | 4 |
| “ | 29-1-65 | “ | 15-3-65 | 1 | 15 |
| “ | 20-3-65 | “ | 22-5-65 | 2 | 3 |
| 10 | 60 |
| Date of increment | 23-4-1965 |
2. Under Clause (c) of F.R. 26, a Government servant officiating in a post or holding temporary post can count towards increments in the time-scale applicable to such post, service rendered in an officiating or temporary capacity in any higher post to which he may be appointed while officiating in or holding the lower temporary post, provided he would have continued to officiate in or holding such lower post but for his appointment to the higher post.
As strictly speaking, the rule in the Fundamental Rules are not applicable when both posts are not under the State Government in cases where a State Government servant while officiating in a post or holding a temporary post under the State Government is appointed to officiate in higher post or to hold a higher temporary post under the Central Government, the period of service in the higher post under the Central Government cannot count for increment in the lower post under the State Government unless recourse is had to F.R.27. After careful consideration, it has been decided that the benefits of F.R.26 (c) may be extended to State Government servants officiating in higher posts or holding higher temporary post under the Central Government also.(d)Foreign service counts for increments in the time- scale applicable to-(i)the post in Government service on which the Government servant concerned holds a lien as well as the post or posts, if any, on which he would hold a lien had his lien not been suspended ;(ii)the post in Government service in which the Government servant was officiating immediately before his transfer to foreign service, for so long as he would have continued to officiate in that post or a post on the same time- scale but for his going on a foreign service ; and(iii)any post to which he may receive officiating promotion under Rule 113 below for the duration of such promotion.(e)Joining time counts for increment-(i)if it is under Clause (a) or Clause (d) of Rule 105, in the time-scale applicable to the post on which a Government servant holds a lien or would hold a lien had his lien not been suspended as well as in the time-scale applicable to the post, the pay of which is received by a Government servant during the period ; and(ii)if it is under Clause (b) or Clause (c) of Rule 105, in the time-scale applicable to post/posts on which the last day of leave before commencement of the joining time counts for increments.Explanation. - For the purpose of this rule, the period treated as duty under sub-Clause (b) of Clause (6) of Rule 9 shall be deemed to be duty in a post if the Government servant draws pay of that post during such period.F.R.27. An authority may grant a premature increment to 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.Note. In the case of increment granted in advance it is usually the intention that the officer should be entitled to increments in the same manner as if he had reached his position in the scale in the ordinary course and in the absence of special orders to the contrary he should be placed on exactly the same footing as regards future increments of an officer as has so risen.F.R.28. The authority which orders the transfer of a Government servant as a penalty from a higher to a lower grade or post, he 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.F.R.29. (1) If a Government servant is reduced as a measure of penalty to a lower stage in his time-scale, the authority ordering such reduction shall state the period for which it shall be effective, and whether, on restoration, the period of reduction shall operate to postpone future increments, and if so, to what extent.2. The pay of a Government servant, who is reduced to the lower grade/post/service/time-scale, whether for a specified or unspecified period, should be regulated in accordance with the provisions of F.R. 28 as amended by Correction slip No. 183 [vide Notification No. FEG 58/60/Pt/40, dated 6-9-1962]. Once the pay is thus fixed in the lower grade/post/service/time-scale, increments therein shall be regulated in accordance with the provisions of normal rules unless such increments are also withheld.
3. The pay of Government servant on restoration to the higher grade/post/service/time-scale, in cases where the period of reduction is specified, shall be regulated as follows :
4. In cases where the reduction to the lower grade/post/service/time-scale is for an unspecified period if and when the Government servant is re-appointed to the higher post in the normal course the pay in the higher post will be regulated only in accordance with the normal rules relating to pay fixation.
Under Secretary to the Governmentof Assam,Finance DepartmentMemo No. FEG 58/60/Pt/40, dated the 6th September, 1962.F.R.29A. Where an order of penalty of withholding of increment of a Government servant or his reduction to a lower service, grade or post, or to a lower time-scale, or to a lower stage in a time-scale, is set aside or modified by 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:(a)If the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn.(b)If the said order is modified, the pay shall be regulated as if the order as so modified had been made, in the first instance.Explanation. - If the pay drawn by a Government servant in respect of any period prior to the issue of orders of the competent authority under this rule is revised, leave salary and allowances (other than travelling allowance), if any, admissible to him during that period shall be revised on the basis of the revised pay.Audit Instruction. - A permanent post vacated by reduction of a Government servant to a lower service, grade or post, or to a lower time-scale should not be filled substantively until the expiry of a period of one year from the date of such reduction.Where, on expiry of the period of one year, the permanent post is filled and the original incumbent of the post is reinstated therefor, he should be accommodated against any post which may be substantively vacant in the grade to which his previous substantive post belonged.If there is no such vacant post, he should be accommodated against a supernumerally post which should be created in this grade with proper sanction and with the stipulation that it should be terminated on the occurrence of the first substantive vacancy in the grade.Pay of officiating Government servantF.R.30. (1) Subject to the provisions of Chapter VI, a Government servant who is appointed to officiate in a post shall not draw pay higher than his substantive pay in respect of a permanent, post, other than a tenure post, unless the officiating appointment involves the assumption of duties and responsibilities of greater importance than those attaching to the post other than a tenure post on which he holds a lien or would hold a lien had his lien not been suspended :Provided that the State Government may exempt from the operation of this rule any service which is not organised on a time-scale basis and in which a system of acting promotion from grade to grade is in force at the time of the coming into force of these rules :Provided further that the State Government may specify posts outside the ordinary line of a service the holders of which may, notwithstanding the provisions of this rule and subject to such conditions as the State Government may prescribe, be given any officiating promotion in the cadre of the service which the authority competent to order promotion may decide, and may thereupon be granted the same pay whether with or without any special pay attached to such post as they would have received if still in the ordinary line.Chapter V
Additions to Pay
F.R.44. Compensatory allowances. - Subject to the general rule the amount of a compensatory allowance should be so regulated that allowance is not on the whole a source of profit to the recipient; the State Government may grant such allowances to any Government servant under its control and may make rules prescribing their amounts and the conditions under which they may be drawn.Note. The Subsidiary Rules relating to travelling allowance are embodied in Section IV of Fundamental Rules and Assam Subsidiary Rules (Second Edition) 1939.Audit Instructions. - (1) 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. When a Government residence is sub-let and the lessor and the lessee are, or the lessor is, entitled to rent-free quarters or house rent allowance in lieu, the following procedure should be adopted in regard to the recovery of rent-
(i)when both the lessor and the lessee are entitled to rent-free quarters or house rent allowance in lieu, the lessor will pay to Government an amount equivalent to the higher of the house rent allowances; and(ii)when the lessor is entitled to rent free quarters or house rent allowance in lieu and the lessee is not so entitled, the lessor will pay to Government an amount equivalent either to the house rent allowance admissible to him or to the rent payable by the lessee if the house had been allotted to him direct by Government, whichever is higher.S.R.27. - Officers holding posts to which residences have been allotted may exchange residences with the permission of the authority which made the allotment. Such exchange shall not be recognized by Government. Each officer shall remain responsible for the rent of residence allotted to the post held by him.S.R.28. - The competent authority may permit an officer during temporary absence from his station to store his furniture and other property at his own risk, tree of rent in the residence occupied by him prior to such absence, unless-(a)the officer, if any, who discharges the duties of the absent officer is responsible for payment of the residence ; or(b)arrangements are made to let the residence during such temporary absence.S.R.28A. - If the Officer, to whom a residence is allotted, is dismissed from the service, dies, or retires, from service or is transferred from the place of posting to another place the allotment of residence to him shall be cancelled with effect from one month after the date of his dismissal, death, retirement or transfer to another place, as the case may be, or with effect from any date after such dismissal, death, retirement or transfer on which the residence is actually vacated, whichever is earlier.Explanation. - (1) 'Transfer' for the purpose of this rule means actual change in the Headquarters of the officer transferred.2. Honorarium has been defined in Fundamental Rule 9 (9) as a recurring or non-recurring payment granted to a Government servant from the Consolidated Fund of India or the Consolidated Fund of a State as remuneration for special work of an intermittent or occasional character. When a post is sanctioned the duties attached to it can hardly be regarded as intermittent or occasional in character. Hence, when in addition to his own duties, a Government servant is required to perform the duties of another sanctioned post, he should be deemed to the performing additional duties which are not intermittent or occasional in character, even though he may be asked to perform such additional duties only for a short period. Honorarium, under F.R. 46 (b), will not, therefore, be admissible to a Government servant who is required to perform the additional duties of a sanctioned post.
3. Past cases which have been already decided otherwise need not be re-opened.
F.R.46A. The State Government may make rules prescribing the conditions and limits subject to which a fee may be received by a Medical Officer in civil employ for services other than professional attendance.Government of India's Order under F.R. 46-A in Section III of Fundamental Rules and Assam Subsidiary Rules (Second Edition) 1939, are reproduced below :Government of India's Order. - (1) Unless the President by special order otherwise directs, no portion of any fee received by a Medical Officer in civil employ for services other than professional attendance shall be credited to the revenues of the Federation or of a Province.| Inspector (Subedar) | Rs. 5 p.m. |
| Armed (Branch) Sub-Inspector | Rs. 4 p.m. |
| Drill Inspector | Rs. 2 p.m. |
| Nature of work | Class of patients | Rs. | |
| Screening | A | 5 | |
| B | 3 | ||
| Ionisation treatment | A | 5 | |
| B | 3 | ||
| Diathermy | A | 5 | |
| B | 3 | ||
| First Radiogram according to part placed | A | 10-15 | |
| B | 8-12 | ||
| Second or subsequent Radiogram | A | half the above rate. | |
| B | |||
| Barium meal | A | 75 | |
| B | 40 | ||
| Gall Bladder | A | 32 | |
| B | 24 | ||
| Ultra-violet exposure | A | 5 | |
| B | 3 | ||
| Infra-red exposure | A | 4 | |
| B | 2 | ||
| Faradaic current applications | A | 4 | |
| B | 2 | ||
| Centerisation | A | 5-20 | According to extent of operation. |
| B | 3-10 | ||
| Vibratory Massage | A | 4 | |
| B | 2 | ||
| Urography | A | 32 | |
| B | 24 | ||
| Barium Enema | A | 37-50 | Paise |
| B | 20 | 0 | |
| Examination of lungs or Bronchial tract after Lipiodol orsimilar drug | A | 32 | 0 |
| B | 24 | 0 |
30. per cent to Government,
60. per cent to the Operator,
5. per cent to the Anaesthetist,
5. per cent to other Assistants.
Chapter VI
Combination of AppointmentsF.R.49. The State Government may appoint the Government servant to hold substantively, as a temporary measure, or to officiate in two or more independent posts at one time. In such cases his pay is regulated as follows:Chapter VII
Deputation Out of India
F.R.50. The Governor may sanction the deputation out of India of one or more Government servants of the State for any duty connected with State affairs.Audit Instruction. - The period of the deputation runs from the the date on which the Government servant makes over charge of his office in India to the date on which he resumes it; or 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 duty.Note. bee the Secretary of State's Order (2) below F.R.50 in Section III. The State Government have decided to adopt a similar system for officers under their rule making control.Secretary of State's Orders. - (1) Under sub-Rule (2) of Fundamental Rule 50 the Secretary of State directs that the appointment of officers of the Indian Political Department on deputation for periods exceeding 12 months to posts under the control of the Foreign and Political Department outside India which are not included in the duty strength of the Political Department cadre, may notwithstanding the provisions of Fundamental Rule 50, be made by the President without prior reference to him.| s. | d. | |
| For an officer of the Inspector class | 22 | 6 a day |
| For an officer of the Seargent class | 15 | 0 a day |
| For an officer of the Constable class |
Chapter VIII
Dismissal, Removal and Suspension
F.R.52. The pay and allowances of a Government servant who is dismissed or removed from service cease from the date of such dismissal or removal.F.R.53. (1) A Government servant under suspension shall be entitled to the following payments, namely :(i)in the case of a Commissioned Officer of the Indian Medical Department or a Warrant Officer in civil employ who is liable to revert to military duty, the pay and allowances to which he would have been entitled had he been suspended while in military employment:(ii)in the case of any other Government servant-(a)a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave or on half average pay or on half pay and in addition dearness allowance based on such leave salary :Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows :(i)the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant;(ii)the amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 per cent of the subsistence allowance admissible during the period of first three months, if in the opinion of the said authority the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the Government servant;(iii)the rate of dearness allowance will be based on the increased or, as the case may be, decreased amount of subsistence allowance admissible under sub-Clauses (i) and (ii) above;(b)any other compensatory allowances admissible from time to time on the basic pay of which Government servant was in receipt of on the date of suspension subject to fulfilment of other conditions laid down for drawal of such allowances :Provided that the Government servant shall be entitled to the compensatory allowance unless the said authority satisfied that the Government servant continues to meet the expenditure for which they are granted.1. A Government servant who is detained in custody under any law providing for preventive detention or as a result of a proceeding either on a criminal charge or for his arrest for debt shall if the period of detention exceeds 48 hours and unless he is already under suspension, be deemed to be under suspension from the date of detention until further orders.
A Government servant who is undergoing a sentence of imprisonment shall also be dealt with in the same manner pending a decision on the disciplinary action to be taken against him. In regard to his pay and allowances the provisions of F.Rr. 53 and 54 shall apply.2. A Government servant should be dismissed on conviction by the lower Court, i.e., immediately on the termination of the first trial. The termination of trial does not mean a decision of all the various appeals which are open to the accused. Dismissal cannot be ordered retrospectively with effect from the date of arrest.
3. A Government servant against whom a criminal charge or a proceeding for arrest for debt is pending should also be placed under suspension by the issue of specific orders to this effect during periods when he is not actually detained in custody or imprisoned (e.g., while released on bail) if the charge made or proceedings taken against him is of such nature as is likely to embarrass him in the discharge of his official duties or involves moral turpitude. In regard to his pay and allowances the provisions of F.Rr. 53 and 54 shall apply.
4. A Government servant against whom a proceeding has been taken for his arrest for debt but who is not actually detained in custody may be placed under suspension only if a disciplinary proceeding against him is contemplated.
5. When a Government servant who is deemed to be under suspension in the circumstances mentioned in Clause (1) or who is suspended in circumstances mentioned in Clause (3) is re-instated without taking disciplinary proceeding against him, his pay and allowances for the period of suspension will be regulated under F.R. 54 i.e, in the event of his being acquitted of blame or (if the proceeding taken against him was for his arrest for debt) or it being proved that his liability arose from circumstances beyond his control or the detention being held by any competent authority to be wholly unjustified,the case may be dealt with under F.R. 54-B (5).
6. It shall be the duty of a Government servant who may be arrested for any reason to intimate the fact of his arrest and the circumstances connected therewith to his official superiors promptly even though he might have subsequently been released on bail. On receipt of the information from the person concerned or from any other source the departmental authorities should decide whether the facts and circumstances leading to the arrest of the person call for his suspension. Failure on the part of any Government servant to so inform him official superiors will be regarded as suspension of material information and will render him liable to disciplinary action that may be called for on the outcome of the police case against him.
7. An Officer under suspension is regarded as subject to all other conditions of service applicable generally to Government servants and cannot leave the station without prior permission. As such, the headquarters of a Government servant should normally be assumed to be his last place of duty. Where an individual under suspension requests for a change of headquarters, there is, however, no objection to a competent authority changing the headquarters if it is satisfied that such a course will not put Government to any extra expenditure like grant of Travelling Allowances etc. or other complications.
Government of AssamFinance Department : Establishment Branch| No. FEG.29/73/352 | Dated Dispur, the 4th February, 1986 |
Chapter IX
Compulsory Retirement
F.R.56. (a) The date of compulsory retirement of a Government servant is the date on which he attains the age of 55 years. He may be retained in service after this age with the sanction of the State Government on public grounds which must be recorded in writing, and proposal for the retention of a Government servant in service after his age should not be made except in very special circumstances. The age of compulsory retirement of a Government servant has been raised to 58 years from 55 years vide Notification No. AAP/143/77/37, dated 18-7-1977.Notwithstanding anything contained above, the retirement of Government employees should take effect from the after-noon of the last day of the month in which the employee concerned attains the age of superannuation.Part V – Chapter X
LeaveSection I-Extent of applicationF.R.58. Unless in any case it be otherwise distinctly provided in Section VI of this Chapter, the rule in Sections I to V of this Chapter shall apply to all Government servants to whom the Fundamental Rules as a whole apply ; provided that a Government servant who elected the leave rule of Civil Service Regulations as they stood whether before or after the 29th July, 1920 shall continue to be governed by those rules ; and provided further that the Leave Rules, 1934 (Appendix II) shall apply to the classes of persons specified therein.F.R.59. Leave is earned by a Government servant under Sections I to V of this Chapter if he holds a lien or on a permanent post in civil employ or would hold a lien on such a post had his lien not been suspended.S.R.59. - If an officer in permanent service to whom the leave rules in this Chapter or the Leave Rules, 1934 (Appendix II-Part I), are applicable, is temporarily transferred to a work-charged establishment, he does not forfeit any leave then at his credit, provided he retains a lien on a permanent appointment; but the work charged service does not count towards leave :Provided that in case where a permanent Government servant is transferred to a post in an identical scale of pay in the work-charged establishment, in the interest of public service, he may be allowed to count the services rendered in the work-charged establishment for the purpose of leave.F.R.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.F.R.61. [Deleted].F.R.62. [Deleted],F.R.63. [Deleted].F.R.64. Unless in any case it be otherwise expressly provided by or under these rules, 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 a High Court may count such duty for leave as though it were duty performed in a vacation department, all leave taken during the service concerned being treated as taken under these rules.Note. The previous service of men in the Assam Rifles will not count for leave on their re-enlistment in the civil police.F.R.65. (a) If a Government servant, who quits the public service on compensation or invalid pension or gratuity, is re-employed and if his gratuity is thereupon refunded or his pension held wholly in abeyance, his past service thereby becoming pensionable on ultimate retirement, he may, at the discretion of the authority sanctioning the re-employment to such an extent as that authority may decide, count his former service towards leave [See Article 138. (b), Assam Pension Manual].(b)A Government servant who is dismissed or removed from the public service, but is re-instated on appeal or revision, is entitled to count his former service for leave.Audit Instruction. - Treatment for the purpose of leave of the previous service of a Government servant who resigns one appointment to take up another appointment. - Resignation from the public service, even though it is followed immediately by re-employment, should entail forfeiture of past service for the purpose of leave under the Fundamental Rules and should therefore constitute an "interruption of duty" for the purpose of S.R. 18.Section II-General conditionsF.R.66. The State Government may make rules specifying the authorities by whom leave may be granted.Compensatory Leave to Local AuditorsS.R.60. - When a local auditor by attending office during holidays is enable to complete an audit before the due date, he may be granted compensatory leave by the Examiner, Local Accounts, to the extent of one day for every whole day thus spent.Authorities empowered to grant leaveS.R.61. - Any leave other than special disability leave and leave out of India, Ceylon, Nepal, Burma or Aden, admissible under the Fundamental Rules may be grated to a non-gazetted Government servant by the authority whose duty it would be to fill up his post if it were vacant or by other competent authority. [Appendix 12].S.R.62. - No leave may be granted to gazetted Government servant until a report as to the admissibility of the leave has been obtained from the audit officer. On the receipt of such a report, and leave, other than special disability leave, admissible under the Fundamental Rules may be granted to a gazetted Government servant by a competent authority.Administrative Instruction. - Unless specially otherwise ordered, leave granted under S.Rr. 61 and 62 must begin within thirty- five days of the date on which it is sanctioned.F.R.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.F.R.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 date of his leave is the day before the arrival of the vessel in which he returns at her moorings or anchorage in the port of disembarkation, if he returns by air, the day on which the aircraft in which he returns arrives at its first regular port in India. The State Government may, however, make rules defining the circumstances in, and the conditions on, which Sundays or other recognised holidays may be prefixed to leave or affixed to leave or jointing time.Audit Instruction. - 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 part, should be reckoned 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.Note. The provision in the second sentence of this rule applies only to cases falling under F.R. 105 (c) in which joining time is granted to Government servants returning from leave out of India more than four months duration.Combination of holidays with leave and joining timeS.R.63. - When the day immediately preceding the day on which a Government servant's leave begins or immediately following the day on which his leave or joining time expires is a holiday or one of a series of holidays, the Government servant may leave his station at the close of the day before, or return to it on the day following, such holiday or series of holidays : provided that-(a)his transfer for assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance;(b)his early departure does not entail a corresponding early transfer from another station of a Government servant to perform his duties;(c)the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.Note 1. The provisions of proviso (a) apply both to the responsible officer and to the officer in executive charge of Treasury.Note 2. The State should not be put to any extra expense in consequence of the absence of a Government servant during holidays on casual leave.State Government's decision. - Prefixing and suffixing holidays to leave, other than leave on Medical Certificate, shall be allowed automatically except in cases where administrative reasons permission for prefixing/suffixing holidays to leave is specifically withheld. In the case of leave on medical certified, if the day on which an employee is certificate medically fit for rejoining duty happens to be a holiday, he shall be automatically allowed to suffix such holiday(s) to his medical leave and such day(s) shall not be counted as leave.S.R.63A. - When holiday(s) follow(s) joining time, the normal joining time be deemed to have been extended to cover such holiday(s).S.R.64. - Compensatory leave granted by the Examiner, Local Accounts, may be combined with regular leave as if it were a holiday.S.R.65. - On condition that the departing Government servant remains responsible for the moneys in his charge, a competent authority may declare that proviso (a) under S.R.63 is not applicable to any particular case.S.R.66. - Unless the competent authority in any case otherwise directs-(a)if holidays are prefixed to leave, the leave and any subsequent re-arrangement of pay and allowances take effect from the first day after the holidays ; and(b)if holidays area affixed to leave or joining time, the leave or joining time is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from, the day on which the leave or joining time would have ended if holidays had not been affixed.S.R.67. - In the case of District and Sessions Judges vacations will be treated as recognised holidays. Such officers may combine vacation with leave ; provided that-| Average | Half average | Quarter average | ||||
| Outside Asia | In Asia | Outside Asia | In Asia | Outside Asia | In Asia | |
| £ | Rs. | £ | Rs. | £ | Rs. | |
| Government servant subject to the special leave rules | 200 | 2,000 | 100 | 1,000 | 60 | 600 |
| Government servant subject to the ordinary leave rules | 150 | 1,500 | 75 | 750 | 60 | 600 |
| Half average | Quarter average | |||
| Outside Asia | In Asia | Outside Asia | In Asia | |
| £ | Rs. | £ | Rs. | |
| Government servants subject to the special leave rules | 33 | 333 | 16 ½ | 166 |
| Government servants subject to the ordinary leave rules | 25 | 250 | 12 ½ | 125 |
| No. FEG 23/78/323 | Dated Dispur, the 4th March, 1986 |
| Length of service | Leave admissible |
| Less than 10 years | 16 days in each calendar year |
| Ten years but less than 15 years | 23 daysditto. |
| Fifteen years and above | 31 daysditto. |
Part V – Chapter XI
Joining TimeF.R.105. Joining time may be granted to a Government servant to enable him-(a)to join a new post either at the same or a new station without availing himself of any leave on reliquishing charge of his old post ;(b)to join in new station on return from-(i)leave of not more than six month's duration ;(ii)leave other than that specified in sub-Clause (i) when he has not had sufficient notice of his appointment to new post;(c)(i)to proceed on transfer or on the expiry of leave from a specified station on join a post in a remote locality which is not easy of access;(ii)to proceed on relinquishing charge of a post, on transfer or leave, in place in remote locality which is not easy of access to a specified station.Note. If a State Government servant who is appointed to a post under the Central Government while on duty in his old post but who joins his new post after termination of his employment under the State Government by resignation or otherwise, neither travelling allowance nor joining time or joining time pay should be granted except when the employment of a particular Government servant is in the wider public interest.Audit Instructions. - (1) If a Government servant is authorised to make over charge of an office elsewhere than at his headquarters, any joining time to which the may be entitled shall be reckoned from the place at which he actually makes over charge.| Journey between | Period | ||
| Place | Station | ||
| 1 | 2 | 3 | |
| Naga Hills | |||
| Poekrokejama | Kohima | 6 days | |
| Henema | Do | 6 days | |
| Workha | Merapani | 4 days | |
| Mokochung | Charali | 4 days | |
| Wokha | Do | 4 days | |
| United Khasi and Jaintia Hills | |||
| Nongstoin | Shillong | 4 days | |
| Nongtalang | Do | 4 days | |
| Umpanai | Do | 5 days | |
| Kuliang | Do | 5 days | |
| Jeliakhola | Do | 4 days | |
| Moheskhola | Do | 7 days (8 days in rainy season) | |
| Kairabari | Do | 6 days (7 days in rainy season) | |
| Borsora | Do | 5 days (6 days in rainy season) | |
| Bolabheta | Do | 4 days | |
| Tilligaon | Do | 3 days | |
| Balat | Do | 3 days (4 days in rainy season) | |
| Sonatola | Do | 3 days (4 (days in rainy season) | |
| Lilong | Do | 3 days | |
| Donna | Do | 4 days | |
| Sonapur | Do | 3 days | |
| Sadia Frontier Tract | |||
| Denning | Sadiya | 5 days | |
| Rotung | Do | 5 days | |
| Yembung | Do | 6 days | |
| Majum | Do | 3 days | |
| Mizo District | |||
| Aijal | Kukichhera (Cachar) via Sairang | 7 days | |
| Siaisuk | Do | 10 days | |
| Chamaphai | Do | 15 days | |
| North Vanlaiphai | Do | 14 days | |
| Lungleh | Do | 15 days | |
| Demagiri | Do | 19 days | |
| Tuipang | Do | 22 days | |
| Saicha | Do | 20 days | |
| Bualpui (Lungleh) Sub-Division | Kukichhera (Cachar) via Lungleh | 21 days | |
| Buarpui (Lugleh Sub-division) | Do | 19 days | |
| Vahai | Do | 25 days | |
| Sairang | Kukichhera (Cachar) | 6 days | |
| Aijal | Bhaga Bazar (Cachar) | 2 days | |
| Sairag | Bhaga Bazar (Cachar) via Aijal | 3 days | The Controlling Officer may allow an additional period up to alimit of 4 days in all these cases for the journey between Aijaland Bhaga Bazar for delay in getting motor conveyance, break downof motor conveyance on way or journey on foot, subject toproduction of satisfactory evidence. |
| Sialsuk | Do | 5 days | |
| Chamaphai | Do | 10 days | |
| North Vanlaiphai | Do | 9 days | |
| Lungleh | Do | 10 days | |
| Demagiri | Do | 14 days | |
| Tuipang | Do | 18 days | |
| Saicha | Bhaga Bazar (Cachar) via Lungleh and Aijal | 16 days | |
| Bualpui (Lungleh Sub-division)Ajal 17 days | |||
| Buarpui | Do | Do 15 days | |
| Vahai | Do | Do 21 days | |
| Kolasib | Bhaga Bazar (Cachar) | 21 days | The Controlling Officer may allow an! additional period up toa limit of 2 days for the journey between Bhaga Bazar and Kolasibon above mentioned ground and term. |
| (i) | For the portion of the journey which he travels by aircraft. | Actual time occupied in the journey. | |
| (ii) | For the portion of the journey which he travels or mighttravel. | One day for each. | |
| By railway | 500 Km. | Or any longer time actually occupied in the journey. | |
| By ocean steamer | 350 Km. | ||
| By river steamer | 150 Km. | ||
| By motor-car, horse-drawn conveyance plying for public hire | 150 Km. | ||
| In any other way | 25 Km. |