Fundamental Rules Madhya Pradesh

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FUNDAMENTAL RULES VOL I

CHAPTER I

EXTENT OF APPLICATION

F.R. 1. These rules may be called the Fundamental Rules.


They shall come into force with effect from the 1st January 1922.

Date of effect.

F.R. 2. (1) The Fundamental Rules apply, subject to the


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

Extent of
application.

(a) no such rule shall adversely affect any person who is in


Government service at the time when the Fundamental
Rules come into force; and
(b) any such rule which grants any privilege or concession
not admissible under the terms of the Fundamental
Rules, or of the Civil Service Regulations as they
stand at the time when the Fundamental Rules are
introduced, shall require the sanction of the Secretary
of State in Council.
(2) Where the application of any rule in the Fundamental
Rules is expressly or by implication limited by the provisions of
any rule made under section 45-A of the Act, the limitation shall
prevail and the rule in the Fundamental Rules shall be subject to the
rule made under section 45-A of the Act.
S.S.O. [Deleted.]
1

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

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FUNDAMENTAL RULES VOL I


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G.I.O.2. [Deleted.]
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L.G.R. [Deleted.]
5

Note [Deleted.]
Scope of the
Fundamental
Rules.

F.R. 3 Unless in any case it be otherwise distinctly provided


by or under these rules, these rules do not apply to Government
servants whose conditions of service are governed by Army or
Marine Regulations.

Authority
competent t o
exercise power
under the
Fundamental
Rules.

F.R. 4. The powers specifically granted by these rules to


local Government may be exercised by them in relation to those
Government servants only who are under their administrative
control. These powers may be exercised by the Governor-General
in Council in respect of all other Government servants, and may be
delegated by him, without regard to the limitations of rule 6 and
subject to any conditions which he may think fit to impose, to a
Chief Commissioner, and to the Governor of North-West Frontier
Provinces in his capacity as Agent to the Governor-General.
Ad-hoc rule made by Secretary of state under section 247(1) and
250 of the Government of India Act, 1935.
6

[Deleted.]

Rules made by the provincial Government under the powers


conferred upon it by the Governor-General in Council under
section 124(1) and 241 (2) (a) of the Government of India Act,
1935.
7

[Deleted.]

G.I.O. [Deleted.]
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4
5
6
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FUNDAMENTAL RULES VOL I

F.R. 5 9 [Deleted.]
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F.R. 5-A [Deleted.]


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


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

Delegation of
powers.

(a) all powers to make rules;


(b) the other powers conferred by rules 6, 9(6)(b), 44
and 45.
S.R. Appendix II Part II schedules the delegation of
powers made by the Finance Department under Fundamental
Rule 6.
12

of
F.R. 7. No powers may be exercised or delegated under Consent
Finance
to
these rules except after consultation with the Finance Department. Department
the exercise of
It shall be open to that department to prescribe, by general or powers under
special order, cases in which its consent may be presumed to have Fundamental
Rules.
been given, and to require that its opinion on any matter on which
it has been consulted shall be submitted to the Council of Ministers
or Chief Minister in Co-ordination by the consulting department.

S.R. The Finance Department has declared, under


Fundamental Rule 7, that its consent may be presumed to have
been given to the exercise, by the authorities to whom they are
delegated, of the powers delegated by Appendix IIPart I.

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CHAPTER I

EXTENT OF APPLICATION

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Extent of
consent.

FUNDAMENTAL RULES VOL I


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


the Government in Finance Department.

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

CHAPTER I

EXTENT OF APPLICATION

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Power to
interpret the
Fundamental
Rules.

FUNDAMENTAL RULES Vol I

CHAPTER II

DEFINITIONS

F.R. 9. Unless there be something repungant in the subject


or context, the terms defined in this chapter are used in the rules in
the sense here explained:-

Definitions.

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


1

(1-A) "Allotment" means grant of a licence to a


Government servant to occupy a house owned, leased or
requisitioned by the Government or a portion thereof, for use by
him as residence.]
(2) "Average pay" means the average monthly pay earned
during the 12 complete months immediately preceding the month in
which the event occurs which necessitates the calculation of
average pay;
2

Proviso [Deleted]
A.G.I.1. The term 'month' means "a calendar month" as in
rule 9 (18).
A.G.I.23[Deleted]
A.G.I.34[Deleted]
A.G.I.45[Deleted]
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A.G.I.5 [Deleted]
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A.G.I.6 [Deleted]
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(3) [Dejeted]
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Inserted by F.D. Notification No. 284-R-331-IV-R-I-69, Dated 21.3.70.

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3
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Definition of
month.

FUNDAMENTAL RULES Vol I

(4) "Cadre" means the strength of a service or a part of a


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

A.G.I. The allowances granted to professors of medical


colleges who are denied the privilege of private practice should be
treated as compensatory allowance.
N.B.- See S.S.O.2 under F.R. 9 (25).

Reasons to be
recorded.

L.G.R. The reasons for the grant of a compensatory


allowance should ordinarily be recorded in the order sanctioning the
allowance so as to enable the audit office to watch the classification
of the allowance. In cases in which an official record in an open
order is considered to be undesirable, the reasons should be
communicated confidentially to the audit authority.
[G.I.F.D. letter No. F-9-V-C-R-27, dated the 15th February,
1927.]
(6) "Duty".- (a) Duty includes(i)

Scope of the term


probationer.

Service in India as a probationer or apprentice,


provided that such service is followed by
confirmation.

A.G.I. (a) The term "probationer" in Fundamental Rule 9 (6)


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

limitation under Fundamental Rule 26 (a) such duty should be


counted for increment in the post in which the service is actually
rendered, that is, the post which he holds on probation. In such a
case, therefore, it is permissible for the Government servant to
draw an increment even before the end of his probation (Vide
Controller of Civil Account's Letter No. M.T.-940-A-158-27, dated
the 14th August, 1928, received with the Accountant-General's
letter No. G.A. 32-3-1116, dated the 18th September, 1928).
(b) No person appointed substantively to a permanent post
in a cadre is a probationer, unless definite conditions of probation
have been attached to his appointment, such as the condition that
he must remain on probation pending the passing of certain
examinations.
(c) The status of a probationer is to be considered as having
the attributes of a substantive status except where the rules
prescribe otherwise.
(ii) Joining time.
(iii)Extra leave on average pay granted to a Government
servant undergoing treatment at a Pasteur Institute.
(iv) In the case of an officer of the Indian Civil Service, the
Indian Police or the Indian Forest Service recruited
overseas the period prior to assumption of duties on
first appointment during which he draws pay.
(b) A local Government may issue orders declaring that in
circumstances similar to those mentioned below, a Government
servant may be treated as on duty.(i)

During a course of instruction or training in India.

(ii)

In the case of student, stipendiary or otherwise, who is


entitled to be appointed to the service of Government
on passing through a course of training at a university,
college or school in India, during the interval between

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FUNDAMENTAL RULES Vol I

the satisfactory completion of the course and his


assumption of duties.
(iii)

During preparation in India for an examination in any


oriental language.

(iv)

On the first arrival in India of Government servants


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

G.I.O. The time reasonably required for the journey from a


Government servant's headquarters to the place of training and for
the journey from the place of training to the station to which a
Government servant is posted after the period of training should be
treated as part of the period of training and not as joining time. This
ruling does not apply to probationers holding "training posts"
which they may be considered as taking with them on transfer.
Such probationers are entitled to joining time when transferred.
[G.I.F.D. letter No. F-76-R-I-29, dated the 20th June, 1929.]
N.B.- See Note 2 to clause (i) of the S.R. below F.R.9(6)(b).
A.G.I. [Deleted]
L.G.R. 1. For the purpose of the above G.I.O. "the time
reasonably required" should be held to be such time as the Head of
the Department may consider reasonable but not exceeding the
joining time calculated as for a journey on transfer under the
Supplementary Rules below Fundamental Rule106 without the
concession of "5 days for preparation." Preparation time for 5 days
may be allowed only for the return journey from the place of
training in case in which a Government servant is posted at the end
of his training to a new station. In the case of Assistant
Commissioners undergoing training in the judicial Department and
in the case of Subordinate Judges (Central Provinces Civil Service,
CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

Judicail Branch) undergoing magisterial training, the reasonable time


for the journeys to and from the place of training should, however,
be held to be the full joining time admissible for a journey on
transfer.
L.G.R.2. The period of transit allowed to Apprentice Engineers of
the Public Works Department for proceeding from one place of
training to another is as followas:(1) When the new place of training is in the same station but
not in the same office-One day.
(2) When the new place of training is in a diffierent station,
(a) two days for preparation, and
(b) for the actual journey, the time calculated as for a
journey on transfer under Supplementary Rule 2 below
Fundamental Rule 106. Sundays not actually spent in travelling
being excluding for the purposes.
[P.W.D. memo No. 134-H.E, dated the 13th December 1941]
9

S.R. [Deleted]
10

[(6-A) "Fee" means a recurring or non-recurring payment


to a Government servant from source other than the Consolidated
Fund of India or the Consolidated Fund of a State whether made
directly or through the intermediary of Government.]
11

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


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

Deleted by F.D. Notification No.

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


Subsituted by F.D. Notification No.

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FUNDAMENTAL RULES Vol I

(8) "General revenues of India" include the revenues


allocated to a local Government and exclude the revenues of local
funds.
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[(9) "Honorarium" means a recurring or non-recurring


payment granted to a Government servant from the Consolidated
Fund of India or from the Consolidated Fund of a State as
remuneration for special work of an occasional or intermittent
character.]
(10) "Joining time" means the time allowed to a
Government servant in which to join a new post or to travel to or
from a station to which he is posted.
13

(11) [Deleted]
(12) "Leave-salary" means the monthly amount paid by
Government to a Government servant on leave.
(13) "Lien" means the title of a Government servant to hold
substantively, either immediately or on the termination of a period
or periods of absence, a permanent post including a tenure post, to
which he has been appointed substantively.
(14) "Local fund" means -

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(a)

revenues administered by bodies which by law or rule


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

(b)

the revenues of any body which may be specially


notified by the Governor-General in Council as such.

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


Deleted by F.D. Notification No.

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FUNDAMENTAL RULES Vol I

(15) "Local Government" for the purposes of these rules,


does not include a Chief Commissioner.
(16) (a) "Military commissioned officer" means a
commissioned officer other than (i)

a departmental commissioned officer;

(ii)

a commissioned officer of the Indian Medical


Department.
It does not include a Warrant Officer.

(b) "Military Officer" means any officer falling within the


definition of military commissioned officer, or included in subclause (i) or (ii) or clause (a) above, or any warrant officer.
14

(17)

[Deleted]

(18) "Month" means a calendar month. In calculating a


period expressed in terms of months and days, complete calendar
months irrespective of the number of days in each, first be
calculated and the odd number of days, calculated subsequently.
A.G.I. In calculating a period of 3 months and 20 days from
25th January, 3 months should be taken as ending on 24th April,
and 20 days on 14th May. In the same way the period from 30th
January to 2nd March should be reckoned as 1 month and 2 days
because one month from 30th January ends on 28th February.
A period of one month and 29 days commencing from the
1st January will expire, in an ordinary year (in which February is a
month of 28 days), on the last day of February, because a period
of 29 days cannot obviously mean to exceed a period of full
calendar month and leave for two months from 1st January would
end on the last day of February. The same would be the case if
February were a month of 29 days of if the broken period were 28
days (in an ordinary year).

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Broken period of
a month, how
reckoned.

FUNDAMENTAL RULES Vol I

(19) "Officiate" A Government servant officiates in a post


when he performs the duties of a post on which another person
holds a lien. A local Government may, if it thinks fit, appoint a
Government servant to officiate in a vacant post on which no other
Government servant holds a lien.
(20) "Overseas pay" means pay granted to a Government
servant in consideration of the fact that he is serving in a country
other than the country of his domicile.
(21) (a) "Pay" means the amount drawn monthly by
Government servant as(i)

the pay, other than special pay or pay granted in view


of his personal qualifications, which has been
sanctioned for a post held by him substantively or in
an officiating capacity or to which he is entitled by
reason of his position in a cadre, and

(ii)

overseas pay, technical pay, special pay and personal


pay, and

(iii)

any other emoluments which may be specially classed


as pay by the Governor-General in Council.

(b) In the case of military officer, in receipt of the rates of


pay introduced on July 1st, 1924, pay includes the amount which he
receives monthly under the following designations:(i)

Pay of appointment, lodging allowance and marriage


allowance, and

(ii)

Pay of rank, command pay, additional pay, Indian


Army allowance, lodging allowance and marriage
allowance.

(c) In the case of a military officer, in receipt of the rates of


pay in force before 1st July 1924, pay include the amount which be
receives monthly under the following designations:(i)

Military pay and allowances and staff salary,

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FUNDAMENTAL RULES Vol I

(ii)

Indian Army pay and staff salary, and

(iii)

Consolidated pay.
15

G.I.O. 1 [deleted]
16

G.I.O. 2 [deleted]
17

G.I.O. 3 [deleted]
18

G.I.O. 4 [deleted]
19

G.I.O. 5 [deleted]
20

A.G.I. 1 [deleted]
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A.G.I. 2 [Deleted]
22

L.G.R.1 [Deleted]
23

L.G.R.2 [Deleted]
(22) "Permanent post" means a post carrying a definite
rate of pay sanctioned without limit of time.
(23) "Personal pay" means an additional pay granted to a
Government servant(a)

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to save him from a loss of substantive pay in respect


of a permanent post other than a tenure post due to a

Deleted by F.D. Notification No.

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FUNDAMENTAL RULES Vol I

revision of pay or to any reduction of such substantive


pay otherwise than as a disciplinary measure; or
(b)

in exceptional
considerations.

circumstances, on other personal

(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
24
responsibility, [***] in consideration of whic h the special pay was
sanctioned.
Scope of the first
part of the rule.

A.G.I. The first part of the definition is intended to facilitate


the use of the term in relation to a Government servant who has
been absent from a post for sometime but still retains a lien on it.
(25) "Special Pay" means an addition, of the nature pay, to
the emoluments of a post or of a Government servant, granted in
consideration of(a)

the specialy arduous nature of the duties; or

(b)

a specific addition to the work or responsib ility; or


25

(c)

[Deleted]

S.S.O.1.[Deleted]
S.S.O.2 The circumstances which justify the grant to an
officer of special pay are entirely different in character from
those which justify the grant of a comensatory allowance, a
difference emphasized in the definitions of those terms
embodied in the Fundamental Rules. Those definitions
should be strictly construed and an exact compliance
required with the conditions stated in them as antecedent to

Special pay and


compensatory
allowances not
inter-dependent.

24

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

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

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the grant of either special pay or compensatory


allowance.The grant of compensatory allowance is a matter
the control of which has been delegated to local
Government, with whose use of the discretion entrusted to
them the Secretary of State would normally be reluctant to
interfere. The Secretary of State desires, however, to make it
clear that for the reasons given above he is unable to
recognize any necessary inter-dependence between special
pay and compensatory allowance, or to agree either that,
where the cost of living would justify the grant to an officer
of a compensatory allowance, he should be rendered
ineligible for such allowance because he has already been
granted special pay in recognition of the duties and
responsibilities of his post, or that, if the attachment of
special pay to a post is justified under the terms of the
Fundamental Rules, it should be subject to reduction,
because for reasons essentially different a compensatory
allowance, as defined in Fundamental Rule 9 (5), is
subsequently granted.
[G.I.F.D. letter No.F-6-C.S.R-26, dated the 4th May 1926]
L.G.O. 1 [Deleted]
L.G.O. 2 The reasons for the grant of a special pay should
ordinarily be recorded in the order sanctioning it so as to
enable the audit office to watch the classification of the
charge. In case in which an official record in an open order is
considered to be undesirable, the reasons should be
communicated confidentially to the audit authority.
[G.I.F.D., letter No. F.9-V-C.S.R.-27, dated the 15th
February, 1927.]
L.G.O. 3. The following criteria should be strictly adhered
to in determining the admissiblity or otherwise of the special
pay under clauses (a) and (b) of Fundamental Rule 9 (25)
and in regulating its rate:-

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Reasons to be
recorded.

FUNDAMENTAL RULES Vol I

(i) Any Government servant on a time-scale of pay may be


called upon to fill any post on that scale without additional
remuneration, provided he is given no more than a full day's
work. Special pay should not be justified on the ground that
the duties of a particular post in a time-scale are mere
onerous or responsible than those of other posts on that
time-scale. If the duties of all the posts in the same cadre
inter-changeabe, i.e., if they are performable by any member
of the cadre, special pay is not justified.
(ii) special pay may be granted where it is in effect a device
used in the interest of economy. Two classes of cases may
fall under this head:(a) Where it is possible to draw a definite distinction as to the
nature of the duties to be performed, it is cheaper and
administratively more convenient to grant special pay than to
create a special post on a rate of pay higher than the timescale for any given cadre.
(b) In temporary vacancies, or even as a permanent
arrangement, it is sometimes cheaper for Government to
grant special pay to a Government servant for work in excess
of a full day's work (neglecting of course occasional rushes
of work which must be treated as incidental to Government
service) or work which is not strictly the sort of work the
Government servant was recruited to do than to appoint
extra staff or fill a vacancy.
(iii) The amount of special pay should not exceed 20 per cent
of the average of the new scale, i.e., the post-1931 scale,
applicable to the post to which it is attached.
Nte:-The average of the scale for this purpose should be
worked out by the simple formula of
minimum+maximum of the scale
2
[Finance Deptt. Memorandum No. 7013-969-R-VI-II/49,
dated the 29th September, 1950, F.D.(R) File 1329/1950]
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26

L.G.R. [Deleted]
27

A.G.I. [Deleted]
26. [Deleted]
(27) "Subsistence grant" means a monthly grant made to a
Government servant who is not in receipt of pay or leave-salary.
28

[(28) "Substantive pay" means the pay inclusive of


special pay sanctioned in lieu of higher time-scale of pay, other than
special pay, personal pay or emoluments classed as pay under Rule
9 (21) (a) (iii) to which a Government servant is entitled on account
of a post to which he has been appointed substantively or by
reason of his substantive position in a cadre.]
29

L.G.R.1 [Deleted]
L.G.R.2 In the case of a person with a lien on a permanent
post under a State or Central Government 'substantive pay' means
the 'substantive pay' as defined in the relevant rules of the
Government concerned.
30

G.I.O. [Deleted]
(29) "Technical Pay" means pay granted to a Government
servant in consideration of the fact that he has received technical
training in Europe.
(30) "Temporary Post" means a post carrying a definite
rate of pay sanctioned for a limited time.

26
27

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


Deleted by F.D. Notification No.

, Dated

28

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


1.10.59.
29
30

Deleted by F.D. Notification No.

, Dated

Deleted by F.D. Notification No.

, Dated

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(30-A) "Tenure Post" means a permanent post which an


individual Government servant may not hold for more than limited
period.
Note.- In case of doubt a local Government may decide whether a
particular post is or is not a tenure post.
(31) (a) "Time-Scale pay" means pay which, subject to any
condition prescribed in these rules, rises by periodical increments
from a minimum to a maximum. It includes the class of pay hitherto
known as progressive.
(b) Time-scales are said to be identical if the minimum, the
maximum, the period of increment and the rate of increment of the
time-scales are identical.
(c) A post is said to be on the same time-scale as another
post on a time-scales, if the two time-scale are identical and the
posts fall within a cadre, or a class in a cadre, such cadre or class
having been created in order to fill posts involving duties of
approximately the same character or degree of responsibility, in a
service or establishment or group of establishment, so that the pay
of the holder of any particular post is determined by his position in
the cadre or class and not by the fact that he holds that post.
G.I.O. Formula - Formula calculating average cost of the
time-scale of payFormula (1)
Average Pay = A+B + (B-A) [1-(R+1) (.014+1-.01R)]
2
2
F-E
Formula (2)
Average Pay = A+B + (B-A) [1-(R+1) (.021+1-.015R)]
2

F-E

In the formulae (1)and (2)A=minimum pay,


B=maximum pay,

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

R=period of rise,
E=average age at entry in the grade, and
F=average age at retirement on spurannuation pension. This may
be taken to be 55 in almost every case unless there are special
reasonto take it either at a lower or a higher figure.
Formula(3)
Average Pay = A+C + (C-A) [1-(S+1) (.006+1-.004.S)]
2

G-E

In formula (3)
A=minimum pay
C=pay just before promotion to the second grade,
S=period of rise from A to C,
E=average age at entry in the first grade, and
G=average age at the time of promotion to the second grade.
Formula (4)
Average pay = 1/2(A+W1B1+W2B2+XC1+X2C)
Where A = the initial pay of the scale,
B1,B2 = the maximum pay of the different sections of the scale
such as the ordinary scale, the scale for passed clerks,
W1,W2= the proportion of the establishment which would normally
reach the maxim of B1,B2 respectively,
C1,C2= the pay at different efficiency bars, and
X1,X2,= the proportion of the establishment which would normally
be detainedat C1,C2 respectively.
G.O.I. 2 . Formula (1) above is to be used in the case of gazetted
appointments while formula (2) in the case of non-gazetted posts.
In case where one grade is the channel of promotion to another
grade, that is to say, where everybody in the first grade is ultimately

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

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


the average cost of appointments in the first grade. The use of
formula (4)should be restricted to cases involving an elaborate
scale, consisting of two or more sections with efficiency bars at
one or more stages.
[G.I.D. letter No. F-40 Ex.127, dated the 16th July 1927]
G.O.I. 3 .

Formuila (3)should be used in workikng out the

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


Service and for this purpose such proportion of overseas pay the
number of persons drawing overseas pay in the junior scale bears
to the total nujmber of persons in that scale should be added to the
minimum basic pay as well as to the basic pay just before
promotion to the senior scale.
[G.I.F.letter No.F39-II-Ex-I-31, dated 2nd April,1931]
(32) "Travelling Allowance" means an allowance granted
to a Government servant to cover the expenses which he incurs in
travelling in the interests of public service. It includes allowances
granted for the maintenance of conveyances, horses and tents.
S.R. Unless there is something repugnant in the subject or
context, the terms defined below are in the Supplementary Rules in
the sense here explained:(1) Actual travelling expenses mean the actual cost of
transporting a Government servant with his servants and personal
luggage including charges for ferry and other tolls and for carriage
of camp equipment if necessary. It does not include charges for
hotels, travellers' bungalows or refreshments or for the carriage of
store or conveyance or for presents to coachmen and the like; or
any allowance for such incidental losses or expenses as the
breakage of crockery, wear and tear of furniture and the
employment of additional servants.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

(2) Apprentice means a person deputed for training in a


trade or business with a view to employment in Government
service, who draws pay at monthly rates from Government during
such training but is not employed in or against a substantive
vacancy in the cadre of a department.
(3) Audit officer means the Accountant-General, Madhya
Pradesh.
(4) Camp equipage means the apparatus for moving a
camp.
(5) Camp equipment means tents and the requisites for
pitching them and such articles of camp furniture as it may be
necessary, in the interest of public service, for a Government
servant to take with him on tour.
(6) Competent Authority in relation to the exercise of any
powers means the Governor in Council or the Governor acting with
his Ministers or any authority to which the power is delegated by or
under these rules.
Note.- Appendix II Part II contains the authorities subordinate to
the local Government which exercise the powers of a
competent authority under the various Supplementary Rules
made under the Fundamental Rules by the Governor in
Council or by the Governor and Ministers in virtue of the
power conferred by Fundamental Rule 5.
(7) Day means a calendar day beginning and ending at
Midnight; but an absence from headquarters which does not exceed
twenty-four hours shall be reckoned for all purposes as one day; at
whatever time the absence begins or ends.
31

[(8) Family (a) means a Government servant's wife or


husband, as the case may be, residing with the Government servant
and legitimate children and step children residing with and wholly
dependent upon the Government servant. Except for purposes of
31

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

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

Section XVI-A of the Supplementary Rules in Appendix V, it


includes, in addition, parents, sisters and minor brothers, if residing
with and wholly dependent upon the Government servant.
(b) For the purpose of Section XI, it includes in addition
unmarried and widowed sisters and minor brothers if residing with
and wholly dependent upon the Government servant.]
32

.[Note.- Government servant's wife or husband, as the case may


be, legitimate children, step children, father, mother, step
mother, unmarried and widowed sisters, minor brothers who
reside with the Government servant and whose income from
all sources including pension (inclusive of temporary
increase/relief in pension and pension equivalent to death33
cum-retirement gratuity benefits) does not exceed [Rs. 500
p.m.] may be deemed to be wholly dependent upon the
Government servant.]
[Notes.- (1) Not more than one wife is included in the term 'family'
for the purposes of these rules.
(2) An adopted child shall be considered to be a ligitimate
child if, under the personal law of the Government servant,
adoption is legally recognised as conferring on it the status of
a natural child.]
(9) Finance Department means the Finance Department of
the local Government.
(10) Head of Department means any authority which the
Governor in Council has declared or may by order declare to be
the Head of a Department for the purposes of the these rules.
Note.- The officers named below are to be considered as Heads of
Departments for purposes of the Supplementary Rules.-

32

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

33

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


of issu e.

CHAPTER II DEFINITIONS

18 of 23

FUNDAMENTAL RULES Vol I

List of Heads of Departments


1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35

Chief Secretary.
Chairman, M.P. Public Service Commission.
Secretary, Lok Ayukta.
Chief Technical Examiner.
Director General, Academy of Administration.
Commissioner, M.P. Bhawan.
Chairman, Human Rights Commission, Bhopal.
Director General, State Bureau of Investigation of Economic Offenses.
Secretary to the Governor.
Director General of Police.
Regional Inspector General of Police Bilaspur Zone.
Regional Inspector General of Police Jabalpur Zone.
Regional Inspector General of Police Gwalior Zone.
Regional Inspector General of Police Indore Zone.
Regional Inspector General of Police Bhopal Zone.
Regional Inspector General of Police Bhilai Zone.
Commandant, General Home Guards.
Director, Medico-Legal Institute.
Director of Estates.
Director, Sainik Welfare Board.
Director, Prosecutions.
Head of Department, State Garages.
Inspector General of Prisons.
Director, Treasuries and Accounts.
Director, Small Savings and State Lottery.
Director, Local Funds Audit.
Director, Life Insurance .
Director, Institutional Finance.
Director, Pension and Employees Welfare.
Commissioner, Sales Tax.
Excise Commissioner.
Inspector General of Registration.
All Commissioners (of Divisions).
President, Board of Revenue.
Commissioner, Land Records and Settlement.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71

Controller, Stationery and Printing.


Relief Commissioner.
Transport Commissioner.
Director, Sports and Youth Welfare.
Director, National Cadet Corps.
Principal, Chief Conservator of Forests.
Chief Conservator of Forests (Development).
Chief Conservator of Forests (Production).
Chief Conservator of Forests (Wild Life).
Director, Social Forestry.
Commissioner, Industries.
Registrar of Firms and Societies.
Director, Geology and Mining.
Chief Engineer (Electrical Sefty) and Chief Electrical Inspector.
Commissioner, Agricultural Marketing.
Director of Agriculture.
Director of Horticulture and Farm Forestry.
Cane Commissioner.
Commandant General, Land Army.
Registrar, Co-operative Societies.
President, Industrial Court.
Labour Commissioner.
Director, E.S.I. Schemes.
Director of Medical Education.
Director of Medical Services.
Director of Public Health and Family Welfare.
Director Epidemic Control.
Director of Indian System of Medicines and Homeopathy.
Controller, Food and Drugs Administration.
Director, Danida Project.
Director, Rajiv Gandhi Mission for Elimination of Iodine Deficiency
Disorders.
Director, Rajiv Gandhi Mission for Control of Diarrhea.
Commissioner, Urban Administration.
Engineer-in-Chief, Public Works Department.
Chief Engineer (North), Public Works Department.
Chief Engineer (West), Public Works Department.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107

Chief Engineer(East), Public Works Department.


Chief Engineer (National Highways), Public Works Department.
Chief Engineer (Central), Public Works Department.
Chief Architect.
Chief Engineer (Design and Investigations), Public Works Department.
Commissioner, Public Instruction.
Director, State Council Educational Research & Training.
Director, Adult Education.
Legal Remembrance.
President, Arbitration Tribunal.
Chief Electoral Officer.
Development Commissioner.
Director, Panchayat and Social Welfare.
Director, State Institute of Rural Development.
Member-Secretary, State Planning Board.
Director, Economics and Statistics.
Director, Computer Center.
Director, Public Relations.
Commissioner, Tribal Development.
Director, Scheduled Castes Welfare.
Director, Backward Classes Welfare.
Additional Commissioner, Tribal Area Development Planning.
Director, Tribal and Harijan Research and Development Institute.
Govt.-member of M.P. Scheduled Castes, Scheduled Tribes and
Backward Classes Commission.
Vice-Chairperson, Narmada Valley Development Authority.
Rehabilitation Commissioner.
Director of Food and Civil Supplies.
Controller, Weights and Measures.
Director, State Health Management & Communication Center, Gwalior.
Commissioner, Archaeology, Archives and Museums.
Director, State Languages and Culture.
Engineer-in-Chief, Irrigation.
Commissioner, Land Acquisition and Rehabilitation, Bansagar.
Chief Engineer, Irrigation, Survey and Investigation.
Chief Engineer, Ground Water Survey.
Chief Engineer, Bureau of Designs for Hydel and Irrigation Projects.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144

Chief Engineer, Canal Maintenance.


Chief Engineer, Irrigation, Seoni Zone.
Chief Engineer, Chambal-Betwa Basin.
Chief Engineer, Narmada-Tapti Basin.
Chief Engineer, Mahanadi-Godawari Basin.
Chief Engineer, Mahanadi, Project.
Chief Engineer, Hasdeo-Bango, Project.
Chief Engineer, Bansagar, Project.
Chief Engineer, Bargi Dam.
Chief Engineer, Bargi Canal.
Chief Engineer, Upper Narmada Zone.
Chief Engineer, Lower Narmada Zone.
Chief Engineer, Narmada Sagar.
Chief Engineer (Electrical/Mechanical), Irrigation.
Environment Commissioner.
Administrator, Capital Project Administration
Director, Town and Country Planning.
Commissioner, Tourism.
Engineer-in-Chief, Public Health Engineering Department.
Chief Engineer(East), Public Health Engineering Department.
Chief Engineer (West), Public Health Engineering Department.
Chief Engineer (Decade), Public Health Engineering Department.
Director, Veterinary Services.
Milk Commissioner.
Director, Fisheries.
Commissioner, Collegiate Education.
Director, Employment and Manpower.
Director, Technical Education.
Additional Commissioner, Employment and Director of Manpower.
Director, Aviation.
Director , Urban Welfare.
Commissioner, Gas Relief and Rehabilitation, Bhopal.
Director, Claims for Bhopal Gas Victims.
Commissioner, Women and Child Development.
Commissioner, Handlooms.
Director Sericulture.
Director, Small Scale Industries.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

145 Commissioner, Wakf.


(11) Hill station means any place which a competent
authority may declare to be a hill station.
Note.- Panchmarhi and Chikalda are hill stations.
(12) Holiday means (a) holiday prescribed or notified under
section 25 of the Negotiable Instruments Act, 1881; (b) a holiday
on which, by Government notification in the gazette, any public
office is ordered to be closed for the transaction of Government
business without reserve or qualification; the term does not include
local holidays, which may be granted at the discretion of heads of
offices; provided that there are no arrears of work nor does it
include such merely permissive or discretionary holidays as the last
Saturday of each month.
(13) Inferior service means any kind of service which may
be specially classed as such by order of the local Government and
any other kind of service on pay not exceeding Rs. 10.
Note.- (1) A list of the posts which have been specially classed as
Inferior is given in Appendix III.
(2) All menials are treated as inferior servants.
(14) Probationer means a Government servant employed
on probation in or against a substantive vacancy in the cadre of a
department.
(15) Public Conveyance means a train, steamer or other
conveyance which plies regularly for the conveyance of passengers.
(16) Superior service means any kind of service which is
not inferior.
(17) Transfer means the movement of a Government
servant from one headquarter station in which he is employed to
another such station either (a) to take up the duties of a new post,
or (b) in consequence of a change of his headquarters.

CHAPTER II DEFINITIONS

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FUNDAMENTAL RULES Vol I

CHAPTER III

PART II
GENERAL CONDITIONS OF SERVICE

F.R. 10 Health certificate on first appointment.- Except


as provided by this rule, no person may be substantively appointed
in India to a permanent post in Government service without a
medical certificate of health, which must be affixed to his first pay
bill. A local Government may make rules prescribing the form in
which medical certificates should be prepared, and the particular
medical or other officers by whom they should be signed. It may,
in individual cases, dispense with the production of a certificate,
and may by general order exempt any specified class of
Government servants from the operation of this rule.
F.R. 10-A. Except as provided by or under this rule, no
person may be appointed to a post in Government service, without
1
a medical certificate of health. [***] Government may, by rules
prescribe the form in which medical certificates should be
prepared, and the particular medical or other officers by whom they
should be signed. Government may, in individual cases, dispense
with the production of a certificate and may by general order
exempt any specified class of Government servants from the
operation of this rule.
The certificate should be produced either before or within a
.[month] of the commencement of the employment of the
candidate as may be convenient. A temporary or officiating
Government servant who has furnished a medical certificate of
fitness in the form prescribed in Supplementary Rule 1 (a) below
this rule shall not be required to produce a fresh certificate of
fitness at the time of confirmation if he is confirmed without a break
in his temporary or officiating service. Similarly, a temporary or
officiating Government servant who has already been medically
examined in one office, if transferred to another office, shall not be
required to undergo a fresh medical examination, provided the
2

The words "which must be affixed to his first bill", deleted by F.D. Notification No. 1769-408IV-R-I, dated 9.12.66.
2

Substituted for the words "a week" by F.D. Notification No.1662-CR1420-IV-RI Dated 27.7.61

CHAPTER III GENERAL CONDITIONS OF SERVICE

1 of 15

Rule made by the


State Government
for application to
Government
servants under
their rule -making
control.

FUNDAMENTAL RULES Vol I

transfer occurs without a break in his service. The person


concerned should obtain a certificate from the head of the office
from which he is transferred to the effect that he had already
produced the requisite medical certificate of health.
S.R. 1. Form of certificate.- (a) A medical certificate of
fitness for Government service shall be in the following form:Form of the Medical Certificate
I/We do hereby certify that I/we have examined
...................................... a candidate for employment in the
................................................... Department and cannot discover
that he/she has any disease (communicable or otherwise)
constitutional
weakness
or
bodily
infirmity
except
..............................
I/We do not consider this a disqualification for employment
in the Department...................................................................
Condition of 1. Circulatory System-

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

Blood Pressure (Systolic)

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

(Diastolic)

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

2.

Respiratory System-

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

3.

Digestive System-

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

4.

Genito Urinary System-

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

Urine Examination-

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

Reaction-

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

Specific gravity-

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

Albumen-

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

Sugar-

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

Nervous System-

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

5.

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

6.

Special Senses including

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

remarks on correction of
visual defects, if any.His/Her age is, according to his/her own statement............
years and by appearance about ................................ years.
He/She has/had smallpox/has been successfully vaccinated.
Thumb and finger impressions of the left/right hand (to be
obtained except in the case of women and literate persons who can
sign their names in English)
Thumb ..........Index .......... Middle .......... Ring ......Little
...............
3

Signature of the candidate in English [or in Hindi]


(to be obtained in the case of those who can sign their names
4
in English [or in Hindi].
Note.- In the case of transfer of an officer from one office to
another, the duties of which are different in character from
those of his/her former office a commissioned medical
officer or a medical officer in charge of a civil station should
be required to report whether the defect, if one exists, will
materially interfere with the discharge of the duties of the next
office by the officer in question.
............................................
Station....................
(Signature and Designation of
Date..........................
(examining Medical Authority)
NOTE.- The thumb and finger impressions of the candidates
should except in case of women and literate persons who
5
can sign their names in English, .[or in Hindi] be taken on
3
4
5

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


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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

the medical certificates by the examining medical officer and


the impressions should be verified by the head of the office
with those taken in the service books or service rolls, as the
case may be. In the case of gazetted officers and of nongazetted Government servants who can sign in English the
examining medical officer, or the Medical Board, as the case
may be, should obtain the signature of the Government
servant on the medical certificate in his or its presence. This
signature should, in the case of gazetted officers, be verified
by the Audit Officer with that on the first pay bill to which
the medical certificate is attached while in the case of nongazetted Government servants the head of the office will
make the verification by comparison with the signature of the
Government servant in the service book.
(b) The following classes of Government servants are
exempted from the production of medical certificate of health:(i)

Qualified students of the Thomson College, Roorkee,


who are appointed within 18 months from the date of
the health certificate granted to them on the completion
of their College Course.

(ii)

A Government servant in superior service appointed in


a temporary vacancy of less than three month's
duration.

(iii)

A Government servant in inferior service appointed in


a temporary vacancy of less than six month's duration.

.[NOTE.- (1) A non-gazetted employee of the State Government


appointed or deputed to hold a gazetted post will not be
subjected to fresh medical examination by a Medical Board,
if he has already been examined by the competent medical
authority, and declared fit for the previous non-gazetted
appointment. If, however, his appointment or deputation to
the gazetted post is not in the normal line of promotion and
6

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

requires a different medical standard of high order or rules


for recruitment to this new appointment require a fresh
medical examination, he will have to undergo a fresh medical
examination of the prescribed standard conducted by a
Medical Board.
(2)

A Non-gazetted employee of the Central or other State


Government if appointed/deputed to non-gazetted post under
the State Government will not be required to undergo a fresh
medical examination. If, however, he is appointed or deputed
to a gazetted post he will be required to undergo a fresh
medical examination by a Medical Board.

(3)

A permanent employee of the Central or other State


Government holding a gazetted post if appointed/deputed to
the State Government in a gazetted post will not be subjected
to fresh medical examination of the Medical Board.]

S.R. 2. Authorities who should grant medical


certificates.- In the case of candidates for appointment to the
Provincial Services or to gazetted posts the medical certificate to be
furnished under F.R. 10-A should be that of a medical board, while
in other cases a certificate signed by the Civil Surgeon of the
district in which the candidate is resident or in which he is to be
employed would suffice.
Note.- The services of a candidate declared medically unfit for
services should be dispensed with from the date of receipt of
the result of the first medical examination without waiting for
the decision of any appeal which he may have preferred to
the higher authority (Central Medical Board) for a second
medical examination under S.R. 5 below.
[Note inserted vide G.A.D. No. 2037-CR-113-II, dated 5-5-1955]
Exception 1.- The Assistant Medical Officer at Sironcha has
been authorised to grant health certificates in the case of all officials
appointed in that tahsil on pay not exceeding Rs. 50 per mensem.

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

Exception 2.- Medical Officers in charge of jails are


authorised to grant health certificates in the case of candidates
selected for employment as subordinate officers of any jail.
Exception 3.- The Civil Assistant Surgeons in charge of the
Main Hospitals Narsimhapur, Damoh, Seoni, Mandla, Balaghat and
Durg are authorised to grant health certificates to candidates for
enlistment in the Police, Forest, Revenue, Excise and Land
Records Departments at those places. The Civil Assistant Surgeon
at Mandla is authorised to grant health certificate to candidates for
appointment in the Revenue, Excise and Land Records
Departments in the Mandla district.
The Assistant Surgeons at Jashpurnagar, Baikunthpur and
Rajnandgaon in Raigarh, Surguja and Durg districts, respectively,
are authorised to grant health certificates to candidates for
enlistment in the Police Department at those places.
The Civil Assistant Surgeon at Kanker is authorised to grant
health certificates to candidates for appointment in the Forest
Department at that place.
Exception 4.- The Civil Assistant Surgeon at Balaghat is
authorised to grant health certificates to candidates for appointment
in the Revenue, Excise, Land Records, Sales Tax and Food
Department in the Balaghat district.
[G.A.D. Memo No. 914-CR-74-II, dated 6-3-1953]
[F.D. endt. No. 3333-516-R-VI-I, dated 27-3-53. C.F.No. 13-4-53].
Exception 5.- The Civil Assistant Surgeon at Jagdalpur is
authorised to grant health certificates to candidates for
appointments to posts in the Revenue, Excise and Land Records
Departments, in the absence of the Civil Surgeon, Jagdalpur, from
headquarters.
[G.A.D. Memo. No. 1553-3126-II, dated the 26th March, 1954].
Female
candidates.

S.R. 3. Female candidates shall be required to produce a


certificate from a female medical officer or practitioner when this
could be obtained without undue inconvenience, otherwise a

CHAPTER III GENERAL CONDITIONS OF SERVICE

6 of 15

FUNDAMENTAL RULES Vol I

competent authority may dispense with the production of the


certificate.
7

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


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

Candidate on pay
below Rs. 25.

S.R. 5. (i) Any person who is declared unfit for appointment


to Government service by the certifying medical officer, may appeal
through the appointing authority to the Central Medical Board
against the unfavourable decision of the medical officer on payment
of a fee of Rs. 10. The decision of the Board shall be considered
as final.
8

[(ii) The appeal to the Central Medical Board under sub-rule


(i) must be preferred within 30 days from the date of intimation to
the Candidate.]
Note.- The fees realized under this rule shall be credited to
Government under head "XXVII-Medical-Miscellaneous".
F.R. 11. Unless in any case it be otherwise distinctly
provided, the whole time of a Government servant is at the disposal
of the Government which pays him and he may be employed in any
manner required by proper authority, without claim for additional
remuneration, whether the services required of him are such as
would ordinarily be remunerated from general revenues, from a
local fund (or from the funds of a body corporate or not, which is
wholly or substantially owned or controlled by the Government.)
F.R. 12.
(a)

Two or more Government servants cannot be


appointed substantively to the same permanent post at
the same time.

Substituted for the words "on pay below Rs. 25" by F.D. Notification No. 1109-R-167-IV-R-I,
dated 19.6.63.
8

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

7 of 15

General
conditions of
service.

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

FUNDAMENTAL RULES Vol I

(b)

A Government servant cannot be appointed


substantively, except as a temporary measure, to two
or more permanent posts at the same time.

(c)

A Government servant cannot be appointed


substantively to a post on which another Government
servant holds a lien.

F.R. 12-A.- Unless in any case it be otherwise provided in


these rules, a Government servant on substantive appointment to
any permanent post acquires a lien on that post and ceases to hold
any lien previously acquired on any other post.
Retention of lien.

F.R. 13. Unless his lien is suspended under rule 14 or


transferred under rule 14-B, a Government servant holding
substantively a permanent post retains a lien on that post(a)

While performing the duties of that post;

(b)

while on foreign service, or holding a temporary post,


or officiating in another post;

(c)

during joining time on transfer to another post; unless


he is transferred substantively to a post on lower pay,
in which case his lien is transferred to the new post
from the date on which he is relieved of his duties on
the old post;

[(d) Subject to the exception in rule 97, while on leave other


than refused leave granted after the date of
compulsory retirement under Rule 86;]
(e)

while under suspension.


10

Note.- [Deleted].
A.G.I. This rule does not, however, apply to cases in which
it is the recognised practice to pay a Government servant at a higher
9

Substiturted by F.D. Notification No.F.A.I-86-60-R-I-IV, dated 28.3.74.

10

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

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


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

Government
s ervants
appointed
provisionally
substantive.

F.R. 14. (a) A local Government shall suspend the lien of a


Government servant on a permanent post which he holds
substantively if he is appointed in a substantive capacity-

Suspension of
lien.

(1)

to a tenure post, or
11

(2)
(3)

[Deleted]
Provisionally to a post on which another Government
servant would hold a lien had his lien not been
12
suspended under [the] rule.

(b) A local Government may, at its option, suspend the lien


of a Government servant on a permanent post which he holds
substantively if he is deputed out of India or transferred to foreign
service, or, in circumstances not covered by clause (a) of this rule,
13
is transferred, [in an officiating capacity], to a post in another
cadre, and if in any of these cases there is reason to believe that he
will remain absent from the post on which he holds a lien for a
period of not less than three years.
(c) Notwithstanding anything contained in clause (a) or (b) of
this rule, a Government servant's lien on the tenure post may in no
circumstances be suspended. If he is appointed substantively to
another permanent post, his lien on the tenure post must be
terminated.

11

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

12

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

13

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

(d) If a Government servant's lien on a post is suspended


under clause (a) or (b) of this rule, the post may be filled
substantively, and the Government servant appointed to hold it
substantively shall acquire a lien on it; provided that the
arrangements shall be reversed as soon as the suspended lien
revives.
14

Notes.- (1) [This clause shall also apply to a post of a selection


grade of a cadre].
(2)

When a post is filled substantively under this clause, the


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

(e) Except as provided in sub-rule 97, Government servant's


lien which has been suspended under clause (a) of this rule shall
revive as soon as he ceases to hold a lien on a post of the nature
15
specified in [sub-clause (1), or (3)] of that clause.
(f) A Government servant's lien which has been suspended
under clause (b) of this rule shall revive as soon as he ceases to be
on deputation out of India or on foreign service or to hold a post in
another cadre, provided that a suspended lien shall not revive
because the Government servant takes leave if there is reason to
believe that he will, on return from leave, continue to be on
deputation out of India or on foreign service or to hold a post in
another cadre and the total period of absence on duty will not fall
short of three years or that he will hold substantively a post of the
16
nature specified in [sub-clause (1) or (3) of clause (a)].
17

F.R. 14-A.- (a) Except as provided in [clause (c) and (d)


of this rule and rule 97, a Government servant's lien on a post may
14

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

15

Substituted by F.D. Notification No. 204-R-191-IV-R-I, dated 22.2.68.

16

Substituted by F.D. Notification No. 204-R-191-IV-R-I, dated 22.2.68.

17

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

in no circumstances be terminated, even with his consent, if the


result will be to leave him without a lien or suspended lien upon a
permanent post.
18

(b) [Deleted]
19

[(c) Notwithstanding the provisions of rule 14 (a), the lien


of a Government servant holding substantively a permanent post
shall be terminated while on refused leave granted after the date of
compulsory retirement under rule 86 or on his appointment
substantively to any of the offices referred to in sub-rule (1) of rule
97 or to the post of Chief Engineer of the Public Works
Department or on his appointment as the Chairman or any other
member of the Union Public Service Commission or as the
Chairman or any other Member of a State Public Service
Commission].
20

[(d) A Government servant's lien on a post shall stand


terminated on his acquiring a lien in a permanent post (whether
under a State Government or the Central Government) outside the
cadre on which he is borne.]
F.R. 14-B.- Subject to the provisions of rule 15, a local
Government may transfer to another permanent post in the same
cadre the lien of a Government servant who is not performing the
duties of the post to which the lien relates, even if the lien has been
suspended.
F.R. 15. (a) A local Government may transfer a Government
servant from one post to another; provided that except(1) on account of inefficiency or misbehaviour, or
(2) on his written request,

18

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

19

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

20

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

11 of 15

Transfer to a post
carrying less pay.

FUNDAMENTAL RULES Vol I

a Government servant shall not be transferred substantively to, or,


except in a case covered by rule 49, appointed to officiate in a post
carrying less pay than the pay of the permanent post on which he
holds a lien, or would hold a lien had his lien not been suspended
under rule 14.
(b) Nothing contained in clause (a) of this rule or in clause
(13) of rule 9 shall operate to prevent the transfer of a Government
servant to the post on which he would hold a lien, had it not been
suspended in accordance with the provisions of clause (a) of rule
14.
Retrospective
L.G.R.1. A question arose whether an order which cancelled
cancellation of an
the appointment of an officer to a post with retrospective effect
order not
affecting
when his emoluments were not affected thereby was permissible. It
emoluments not
ultra vires of F.R.was held that as the rule protects an officer from reduction in
15.

emoluments except in case of inefficiency or misbehaviour, the


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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

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


F.R. 16. A Government servant may be required to
subscribe to a provident fund, a family pension fund or other
similar fund in accordance with such rules as the Secretary of State
in Council may by order prescribe.
21

F.R. 17. (1) Subject to any exceptions specifically made in


these rules an officer shall begin to draw the pay and allowances
attached to his tenure of a post with effect from the date when he
assumes the duties of that post, and shall cease to draw them as
soon as he ceases to discharge those duties:

Provident and
other funds.

Date from which


pay and
allowances take
effect.

Provided that an officer who is absent from duty


unauthorisedly shall not be entitled to any pay and allowances
during the period of such absence.
22

S.S.O. [Deleted]
23

S.S.O.1 [Deleted]
24

S.S.O.2 [Deleted]
25

G.I.O. [Deleted]
26

L.G.O. [Deleted]
27

A.G.I. 1. [ A Government servant will begin to draw the


pay and allowance attached to his tenure of a post with effect from
the date on which he assumes the duties of that post if the charge is
transferred before noon of that date. If the charge is transferred
afternoon, he commences to draw them from the following day.]
21

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

22

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

23

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

24

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

25

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

26

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

27

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

13 of 15

Transfer of
charge.

FUNDAMENTAL RULES Vol I


28

A.G.I. 2. [Deleted].
29

Rule 17-A.- Without prejudice to the provision of rule 27


of the M.P. Civil Services (Pension) Rule, 1976, a period of an
unauthorised absence (i)

in the case of employees working in industrial


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

(ii)

in the case of other employees as a result of acting in


combination or in concerned manner, such as during a
strick, without any authority from, or valid reason to
the satisfaction of the competent authority; and

(iii)

in the case of an individual employee, remaining absent


unauthorisedly or deserting the post,

shall be deemed to cause an interruption or break in the service of


the employee, unless otherwise decided by the competent authority
for the purpose of leave travel concession, quasi-permanancy and
eligibility for appearing in departmental examinations, for which a
minimum period of continuous service is required.
Explanation 1.- For the purpose of this rule "strike"
includes(i)

resort to a total or partial cessation of work by refusal


or otherwise; or

(ii)

refuse to work beyond normal working hours where


such work is necessary for the maintenance of the
essential service; or

28

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

29

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

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FUNDAMENTAL RULES Vol I

(iii)

cause deterioration, damage or destruction to any


installation, machinery, plant, vehicle, building, office
record or any other property or attempt or abet the
doing of such act; or

(iv)

absent himself from duty without prior sanction of


leave; or

(v)

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

(vi)

take re-course to acts of commission or ommission


resulting in disruption of normal working; or

(vii) prevent or obstruct any person from attending or


discharge his duties.
Explanation 2.- In these rules, the terms "competent
authority" means the Head of the Department to include(a)

Officers who have been declared by the Government


to be Heads of Departments,

(b)

any other authority to which the Government may


delegate the powers of a Head of Department.

30

F.R. 18. Unless the Governor in view of the exceptional


circumstances of the case otherwise determine, no Government
servant shall be granted leave of any kind for a continuous period
exceeding five years.

30

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

CHAPTER III GENERAL CONDITIONS OF SERVICE

15 of 15

Effect of
continuous
absence.

FUNDAMENTAL RULES Vol I

CHAPTER V

ADDITIONS TO PAY

F.R.44. Subject to any restrictions which the Secretary of


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

Authority
competent to
grant
compensatory
allowance.

S.S.O.1. (1) The Secretary of State in Council has decided


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

Payment of
Compensatory
Allowance equal
to British Income
Tax.

(2) The decision, however, has not been embodied in the


India Office rules regulating travelling, etc., allowances.
[G.I.,F.D.No.F-17(1)-CSR-25, dated 29-7-1925]
S.S.O. 2. The Secretary of State for India in Council has
decided that the equipment allowance of a gentleman who is
habitually resident in India at the time of receiving notice of his
intended appointment as Member of the Council of India shall for
the further be fixed 250. The allowances of Pounds 100 each way
granted for the voyage to England on appointment and the return
voyage to India on termination of officer, remains unaltered.
[G.I.,F.D.No.F-17(1)C.S.R., dated 28-7-1924]
S.S.O.3. The following decisions have been reached by the
Secretary of State and his Advisers:-

CHAPTER V ADDITIONS TO PAY

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Equipment
allowance of a
Member of the
Council of India.

FUNDAMENTAL RULES Vol I

(1) Compensatory allowances are to be regarded as


included in remuneration for the purposes of the proviso to
section 247 (1) and section 250 (3) of the Government of
India Act, 1935.
(2) These allowances can be withdrawn or reduced on
satisfactory proof that the circumstances on which the grant
was based have in fact altered to an extent justifying
withdrawal or reduction.
(3) Rules regulating these allowances should continue
[unless and until the Secretary of State decides to exercise
his rule making powers in respect of such allowances under
section 247 (1) (b) of the Act] to be made by the
Government in India.
(4) As regards Secretary of State's officers, the authorities
competent both to decide the question of fact in (2) and to
authorise withdrawal or reduction of allowances (other than
travelling allowances) are(a) In the case of officers to whom sub-section (3) of
Section 258 of the Government of India Act, 1935,
applies, the Secretary of State.
(b) In the case of other officers, the Governor
exercising his individual judgement as regards officers
serving in connection with the officers of a province.
[G.I.,F.D.Endt. No. F-19 (27) -Ex-1/39, dated 29-839]
A.G.I.1. Where the condition mentioned in clause (2) of
S.S.O. 3 above, is fulfilled it is permissible(i) for the competent authority as defined in clause (4) ibid to
deliberalize the rules or orders having the force of rules,
regulating compensatory allowances other than travelling
allowances; and

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

(ii) for the competent authority as defined in the' Travelling


Allowances (Secretary of State's Officers) Rules, 1939', to
deliberalize the rules or orders having the force of rules,
regulating travelling allowances in their application to all
Secretary of State's Officers and such a modification under
such condition does not amount to giving less favourable
terms as respects remuneration within the meaning of the
proviso to Section 247 (1) and sub -section (3) of Section
250 of the Government of India Act, 1935.
The decision is based on the consideration that the amount of a
compensatory allowance has always been subject to the condition
that the allowance should not be a source of profit to the recipient
(vide Fundamental Rule 4) and if the amount of the allowance is
reduced to make it conform to this condition, recipient cannot be
said to be adversely affected or to suffer any deliberalization in the
terms of their remuneration.
[Auditior General's U.O. Note No.68-A/256-12, dated 2-12-1943
copy received with G.I.,F.D. Endt. No. F-5 (107)-R-1/43, dated
12-12-1943]
G.I.O.- It is within the competence of the local Government
to sanction, under Fundamental Rule 44, compensatory allowance
the cost of which is debited to provincial revenues for military
officers on the personal staff of Governors.
[G.I., H.D. letter No. F.269-32-Ests.]
A.G.I. Hill allowances fall under "Compensatory
Allowances" local Government have powers to sanction them
under Fundamental Rule 44.
S.R.1.- A compensatory allowance attached to a post will be
drawn in full by a Government servant performing the duties of that
post, and if such a Government servant is transferred to a post to
which a compensatory allowance of a like nature is attached, he
may draw the allowance during joining time, provided that if the
rates of allowances differ, he may draw the lower rate only.

CHAPTER V ADDITIONS TO PAY

3 of 44

Hill allowance a
compensatory
Allowance.

FUNDAMENTAL RULES Vol I

S.R.2.- Compensatory allowances, other than house-rent


allowances, may not be drawn by Government servants on leave
except in special cases and with the sanction of Government.
1
[Compensatory allowance granted while on duty to Public Health
and Medical personnel including those serving in Labour
Department shall be admissible to them during leave subject to the
following conditions:(i)

the leave is not one preparatory to retirement;

(ii) the allowance shall be admissible only during the first


four months of each period of "leave on average pay" or during the
period of 'earned leave' according as the Government servant
concerned, is subject to the leave rules in Fundamental Rules or the
Revised Leave Rules, 1934;
(iii) the head of office certifies in writing that the loss of
private practice continues during leave; and
(iv) the allowance during leave shall be based on leave
salary and not pay.]
S.R.2-A.- A House-rent allowance may be drawn by a
Government servant during the first four months of each period of
leave on average pay or full pay or for six months in the case of
leave admissible under the special concession referred to in Note 1
to Fundamental Rule 89, provided that (a) the leave is not
preliminary to retirement; (b) the leave is taken from a post on
which such an allowance is attached; and (c) the Government
servant certifies that his previous rate of expenditure for a house
continues during leave and that he places his house, free of rent, at
the disposal of the Government servant, if any, who officiates in his
post. The officiating Government servant cannot in such case draw
the house rent allowance attached to the post. If, however, the
officiating Government servant, for a reason which a competent
authority considers to be sufficient, refuses the accommodation

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

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

placed at his disposal he, and not the absent Government servant
will draw the allowance.
S.R. 2-B.- [Deleted]
S.R. 2-C.- The drawal of a house-rent allowance is
contingent on the Government servant's incurring the full amount of
expenditure to meet which the allowance is granted. A claim on
account of house-rent allowance should, therefore, be supported
by a certificate in the following form to be furnished by the officer
himself (if he is a gazetted officer) or by the drawing officer in the
case of non-gazetted establishments, with each bill containing a
charge for house-rent allowance:"Certified that Government quarters have not been
provided and that the actual expenditure incurred for the
hire of the house is not less than the allowance claimed."
2

[In case of a Government servant on study Leave, the


Drawing Officer should furnish a certificate:" Certified that the Government servant on Study Leave
for whom House Rent Allowance is drawn in the leave
salary bill is likely to be reposted to his former post and
that his family continues to reside at the station where the
Government servant was residing prior to his proceeding
on study leave."]
A.G.I. The maximum period during which a Government
servant can be allowed to draw compensatory allowances while on
leave is four months (or six months in the case of leave admissible
under the special concession referred to in note 1 to Fundamental
Rule 89). The length of the total period of leave is irrelavent, but
compensatory allowance cannot be drawn during any period of
leave which is not leave on average pay.

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

CHAPTER V ADDITIONS TO PAY

5 of 44

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

FUNDAMENTAL RULES Vol I

Provision of
Government
residences.

F.R. 45. A local Government may make rules laying down


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

Assessment and
recovery of
3

[License fee].

F.R.45-A. 1. This rule applies, with effect from the 1st April
1924, to members of the services and to Government servants
holding the posts included in the Schedule to this rule and to
Government servants who hold in a substantive capacity posts
borne on the cadre of the services included therein.
II. For the purpose of the assessment of license fee, the
capital cost of a residence owned by Government shall include the
cost or value of sanitary, water supply and electric installations and
fittings, but exclude the cost or value of site (including expenditure
on its preparation) and shall be either(a) the cost of acquiring or constructing the residence
and any capital expenditure incurred after acquisition
or construction; or, when this is not known,
(b) the present value of the residence.
Note.- The cost of restoration or special repairs shall not be
added to capital cost of present value, unless such
restoration or repairs add to accommodation or involve
replacement of the existing type of work by work of a more
expensive character:
Provided that3

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

CHAPTER V ADDITIONS TO PAY

6 of 44

FUNDAMENTAL RULES Vol I

(i) a local Government may make rules providing the maner


in which the present value of residences shall be determined;
(ii) a local Government may make rules determining what
expenditure is to be regarded, for the purpose of sub-clause
(a) above, as expenditure upon the preparation of a site;
(iii) a local Government may, for reasons which should be
recorded, authorise a revaluation of all residences of a
specified class or classes within a specified area to be
conducted under the rules referred to in proviso (i) above,
and may revise the capital cost of any or all such residences
on the basis of such revaluation;
(iv) the capital cost, however calculated, shall not take into
consideration (1) any charges on account of establishment
and tools and plant other than such as were actually charged
direct to the work in cases in which the residence was
constructed by Government, or (2) in other cases, the
estimated amount of such charges;
(v) a local Government may, for reasons which should be
recorded, write off a specified portion of the capital cost of a
residence(1) when a portion of the residence msut be set aside,
by the officer to whom the residence is allotted for the
reception of official and non-official visitors visiting
him on business, or
(2) when it is satisfied that the capital cost, as
determined under the above rules, would be greatly in
excess of the proper value of the accommodation
provided;
(iv) in assessing the cost or value of the sanitary, watersupply and electric installations and fittings, a local
Government may by rules determine what are to be regarded
as fittings for this purpose.

CHAPTER V ADDITIONS TO PAY

7 of 44

FUNDAMENTAL RULES Vol I

A.G.I. :- A question having arisen wheter, under provisos (i)


and (iii) to Fundamental Rules 45 A-II, a local Government is
competent to determine the present value of a residence, the capital
cost of which is already known, the Government of India have
issued the following interpretation:The substantive part of the rule provides that for the purpose
of the assessment of licence fee the capital cost of a residence shall
be either(a) the cost of acquiring or constructing the residence and
any capital expenditure incurred after acquisition or
construction; or, when this is not known,
(b) the present value of the residence.
Clause (i) in the proviso obviously does not more than
supplement (b) in the substantive part by settling the manner in
which the present value is to be determined in cases in which the
factors specified in (a) are not known. Clause (iii) which unlike
clause (i) is a true proviso, alters the operation of the substantive
part of the rule by empowering the local Government to substitute
for the capital cost determined in accordance with (a) in the
substantive part, in a case when the factors specified in (a) are
known, a new capital cost represented by the present value
calculated in accordance with the rules made under proviso (i) for
the primary purpose of determining the present value in cases to
which (b) in the substantive part is applicable.
(c) In both cases standard licence fee shall be expressed as
standard for a calender month and shall be equal to one
twelfth of the annual licence Fee as calculated above, subject
to the proviso that, in special localities or in respect of
special classes of residence, a local Government may fix a
standard licence fee to cover a period greater than one month
but not greater than one year. Where a local Government
takes action under this proviso standard licence fee so fixed
shall not be a larger proportion of the annual licence fee than

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FUNDAMENTAL RULES Vol I

the proportion which the period of occupations as


prescribed under clause I above bears to one year.
Notes.- (1) For the purpose of sub-clauses (a) and (b) above, the
addition for both ordinary and special maintenance and repairs,
shall not include anything for the establishment and tools and plant
charges, except to the extent allowed under proviso (iv) to clause
II.
(2) A local Government may by rules permit minor additions and
alterations, the cost of which does not exceed a prescribed
percentage of the capital cost of the residence, to be made during
such period as the rule may determine, without the licence fee of the
residence being increased.
III. The standard licence fee of a residence shall be
calculated as follows:4

[(a) (i) in the case of leased residence, the standard licence


fee shall be the sum paid to the lessor;
(ii) in the case of a requisitioned residence the standard
licence fee shall be the compensation payable to the owner of
the building;
plus in both cases as addition determined under rules which
a local Government may make, for meeting, during the period
of lease or requisition, as the case may be, such charges for
both ord inary and special maintenance and repairs and for
capital expenditure on additions or alterations as may be a
charge on Government and for the interest on such capital
expenditure, as also for muncipal and other taxes in the
nature of house or property tax payable by Government in
respect of such residence.]
(b) In the case of residences owned by Government, the
standard licence fee shall be calculated on the capital cost of
the residence, and shall be either4

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

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FUNDAMENTAL RULES Vol I

(i) a percentage of such capital cost equal to such rate


of interest as may from time to time be fixed by the Secretary
of State in Council plus an addition for municipal and other
taxes in the nature of house or property tax payable by
Government in respect of the residence and for both
ordinary and special maintenance and repairs, such addition
being determined under rules which a local Government may
make, or
(ii) 6 per cent per annum of such capital cost,
whichever is less.
G.I.O. The term "property tax" as used in the rule should be
interpreted in the general sense and not in the technical sense
assigned to it in any particular Act or Code; and it should therefore
not be considered to include taxes levied for specific services
rendered for the benefit of the occupier. Such taxes should in all
cases be excluded from the Standard Licence Fee and recovered
from the occupier, irrespective of whether they were by local rule
or custom, payable in the first instance by landlord or by the
occupier.
These orders apply also in cases where Government servants
are provided with Government accommodation, free of Licence
fee.
[Government of India, Finance Department letter No. F. 25 (27) ExII-42, dated the 26th June 1942]
Rate of interest.

A.G.I. The rates of interest given in the following table


should be applied in calculating the Standard licence Fee of
residences, under clause III (b) of Fundamental Rules 45-A and 45BDate of accquisition or
Rate of interest
construction of the residence
Building
Building
occupied on occupied
or before the after the 19th
19th
June June 1922
1922
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FUNDAMENTAL RULES Vol I

.. 3 1/2 per
cent
1st April 1919 to 31st July 1921 .. - do 1st April to 31 December 1921
.. - do Frin 1st January 1922 until further
6 per cent
orders
Befor 1st April 1919

4 per cent
5 per cent
6 per cent
- do -

Note.- The date of construction referred to in column (1) of this


table should be taken as the date on which the accounts of the
estimate for the construction of the residence are closed. In respect
of expenditure on additions and alteration to residences the interest
should be calculated at the rate applicable on the date on which the
accounts of the estimates for the addition or alteration are closed.
IV. When Government supplies an officer with a residence
[leased or requisitioned] or owned by Government, the following
conditions shall be observed5

(a) The scale of accommodation supplied shall not, except at


the officer's own request, exceed that which is appropriate to
the status of the occupant.
(b) Unless in any case it be otherwise expressly provided in these
rules, he shall pay (i) licence fee for the residence, such licence Fee
being the standard licence fee as defined in clause III above or 10
per cent; of his monthly emoluments, whichever is less; and (ii)
municipal and other taxes payable by Government in respect of the
residence not being in the nature of house or property tax.
A.G.I. A Government servant who, at his own request, is
supplied with a residence owned or leased by the Central
Government, of a class higher than that for which he is eligible,
when a house of his class is available for him, should be charged
the full Standard Licence Fee fixed for the residence and should not
be given the benefit of 10 per cent concession afforded by clause
IV (b) of Fundamental Rules 45-A and 45-B.

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

CHAPTER V ADDITIONS TO PAY

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

FUNDAMENTAL RULES Vol I

(c) Notwithstanding anything contained in sub-clause (b)


above, a local Government may(i) at any time after the standard licence fees have been
calculated under the provisions of clause III above, group a
number of residences, whether in a particular area or of a
particular class or classes for the purpose of assessment of
licence Fee subject to the following conditions being fulfilled:(1) that the basis of assessment is uniform; and
(2) that the amount taken from any officer shall not exceed
10 per cent of his monthly emoluments;
(ii) by general or special order, provide for taking a licence fee in
excess of that prescribed in sub-clause (b) above from an
officer(1) who is not required or permitted to reside on duty at the
station at which the residence is supplied to him, or
(2) who, at his own request, is supplied with accommodation
which exceeds that which is appropriate to the status of the
post, held by him, or
(3) who is in receipt of a compensatory allowance granted on
account of dearness of living, or
(4) who is permitted to sublet the residence supplied to him;
or
(5) who sublets without permission the residence supplied to
him; or
(6) who does not vacate the residence after the cancellation
of allotment.
6

[(d) (i) where the standard licence fee of a residence cannot


be determined for reasons to be recorded in writing at the
6

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

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FUNDAMENTAL RULES Vol I

time of its allotment, the Government servant shall pay such


licence fee as may be fixed by the Government on the basis
of the actual expenditure on the construction or the cost of
acquisition of the building, the cost of fittings therein and the
known and anticipated liabilities relating thereto plus 10 per
cent of the amount so arrived at or 10 per cent of his
monthly emoluments whichever is less.
(ii) the licence fee so fixed shall remain effective till the
standard licence fee for that building is determined on
completion of the building and will not be increased in any
case during the interim period.]
A.G.I. 1. Under clause IV (c) (ii) of Fundamental Rules 45 A and 45-B, a local Government may, recover licence fee in excess
of 10 per cent of a Government servant's emoluments, but not in
excess of the standard licence fee as defined in clause III of the
rule.
A.G.I. 2.- A.G.I.1. above embodies an interpretation of
Fundamental Rules 45-A given by the Governor-General in Council
under Fundamental Rule 8 and is intended to apply in the case of all
Secretary of State's officers in all the circumstances mentioned in
clause IV (c) (ii) of Fundamental Rules 45-A, irrespective of
whether they are on leave or, being on duty at one station, are
allowed to occupy a Government residence at another station.
[Audtr. Genl's letter No. 503-A-270-41, dated 16-12-41]
V. In special circumstances, for reasons which should be
recorded, a local Government(a) may, by general or special order, grant licence fee free
accommodation to any Officer or class of Officers, or
(b) may by special order, waive or reduce the amount of
licence fee to be recovered from any officer, or
(c) may, by general or special order, waive or reduce the
amount of municipal and other taxes not being in the nature

CHAPTER V ADDITIONS TO PAY

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

FUNDAMENTAL RULES Vol I

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


class of officer.
S.S.O. Government servants granted licence fee
concessions under old F.R. 45 (e).- Government servants to
whom Fundamental Rule 45-A applies and who have been granted
licence free quarters under old Fundamental Rule 45 (e) but without
exemption under clause (f) of that rule from additional licence fee
on account of sanitary, water supply and electric installations in
respect of quarters occupied after the 1st April 1924, on the ground
that the standard licence fee of a residence under Fundamental Rule
45-A includes also licence fee on account of such installations.
[G.I.F.D., letter No. F-3-VII-R-I-28, dated the 7th June 1928]
A.G.I. In exercise of the powers granted to him by the
Fundamental Rule 8, the Governor-General in Council has ruled
that it is permissible to deal under clasue V(b) of Fundamental Rule
45-A or 45-B, not only with individuals but also with classes of
Government servants.
VI. If a residence is supplied with services, other than water
supply, sanitary or electric installations and fittings, such as
furniture, tennis court, or garden mainitained at the cost of
Government, licence fee shall be charged for these in addition to
the licence fee payable under clause IV. The tenant will also be
required to pay the cost of the water, electric energy, etc.,
consumed. A Local Government may make rules prescribing how
the addtional licence fee and charges shall be determined and such
rules may also authorize the remission or reduction of the additional
licence fee or charge in special circumstances for reasons which
should be recorded.
G.I.O.- The Government of India have decided that a (1)
frig'daire and (2) portable electric heater or water-heater should be
classified as furniture.
[(1) Controller of Civil account's letter No. 1368-Admn. 185-30,
dated the 1st September 1930 received with Accountant Genral,

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FUNDAMENTAL RULES Vol I

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


1930]
[(2) Auditor-General's letters NO. T-458-Admn. II-96-36, dated
29th June 1936 received with Accountant-General, Central
Provinces memorandum No. W.915-151, dated the 4th August
1936.]
L.G.O.- Both Frig'daire and electric water-heater should be
treated as special service for the purpose of the above rule.
A.G.I.- The question has been raised whether the value of
the site should be excluded in calculating the additional licence fee
payable under Fundamental Rule 45-A for the special services
referred to therein. Clause II
of Fundamental Rule 45A definitely excludes the cost of site from the calculation of
ordinary licence fee with object inter alia that there should be no
inequality in licence fee merely on account of site values.
Inequalities of the same kind and due to the same cause would,
however arise if the licence fee charged for services included the
cost of site. Ordinarily, houses of the class affected by the rule in
question already have a compound large enough to accommodate
the special service. If the house had no special service provided no
licence fee would be payable for the site and it would not be
reasonable to commence to charge licence fee for site, because of
the provision of a special service in cases where the site remains the
same. The Governor-General in Council has therefore decided that
the value of the site should be excluded in calculating the llicence
fee or special service under Rundamental Rule 45-AVI.
VII.- A local Government may by rule prescribe that this rule
shall apply with effect from any date not earlier than the 1st April,
1924 to any Government servant or class of Government servants
other than those mentioned in the rule.
VIII.- Nothing contained in this rule shall so operates as to
require payment of licence fee for the occupation of residences
supplied by Government, by those servants of the Crown in India
who have been exempted from such payment by order of the

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

Secretary of State in Council, or to affect the amount of licence fee


or charges payable by those servants of the Crown in India, in
whose case the amount so payable is prescribed by the Secretary
of State in Council.
SCHEDULE TO RULE 45-A
A- Service
Indian Civil Service
Indian Police.
Indian Agricultural Service.
Indian Educational Service.
Indian Forest Service.
Indian Forest Engineering Service.
Indian Medical Service (Civil).
Indian Service of Engineers.
Indian Veterinary Service.
Indian Audit and Accounts Service.
Superior Service Officer of the Military Accounts
(Department of Mints and Assay Department).
Imperial Customs Service.
Superior Telegraph Engineering and Wireless Branches
of Indian Posts and Telegraphs Department.
Geological Survey of India (Director, Superintendent,
Assistant Superindents and Chemists).
Indian Meteorological service (Director-General of
Observatories and Meteorologists.)
Department of Mines in India.
Archaeological Department .
Zoological Survey of India.
Survey of India, Class 1.
Indian Ecclesiastical Establishment.
Political Department of the Government of India.
Medical Research Department (Excluding Indian
Medical Service Officers).
Opium Department excluding officers who joined the
Department after the 2nd April 1907.
Bengal Pilot Service.

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FUNDAMENTAL RULES Vol I

B - POSTS
1.

Indian Posts and Telegraph Department (i) In the postal department Deputy Director General.
Postmasters General.
Deputy Postmaster General.
Assistant Directors General.
Presidency
Postmasters
(including
Postmaster, Rangoon).
(ii) In the Telegraph Traffic BranchDeputy Director General.
Assistant Director General.
First Division of Superior Traffic Branch.
2.
Commissioners and Assistant Commissioners
of Income-Tax.
3.
Commissioner, Deputy Commissioner and
General Managers of
the
Northern
Indian Salt Revenue Department.
4.
Officer of the Government Department if on the
Supernumerary
List.

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


G.I.O. 1.- The Government of India have decided that the
following procedure should be observed in regulating the recovery
of licence fee from officers of the Provincial Government for whom
residential accommodation is provided by the railway
administration as also for the recovery of licence fee from railway
officer occupying residential accommodation belonging to the
Provincial Government :(1) Railway quarters specifically constructed for the
Police Department - The provisions of Railway Department
(Railway Board) Circular No.932 W, the 10th October 1936, will
apply in these cases.

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FUNDAMENTAL RULES Vol I

(2) State Railway quarters occupied by civil servants of


Madhya Pradesh Governemnt by mutual arrangements - The
licence fee will be limited to 6 percent on the capital cost excluding
cost of land, subject to 10 percent of pay.
(3) Quarters belonging to Madhya Pradesh
Government occupied by railway employees by mutual
arrangement - In these cases civil servant will apply, i.e. the
licence fee will be limited to 6 percent on the capital cost excluding
cost of land, subject to 10 percent of pay.
[Government of India, Railway Department (Railway Board) end
or- sement No. 5464-F, dated the 6th June 1936]
N.B.- For supplementary Rules made by the Local
Government see Appendix XVI.
Assessment and
recovery of
Licence Fee.

F.R. 45-B. 1. This rule applies to Government servants


other than those to whom rule 45-A applies or is made applicable
under the provisions of clause VII of that rule, or than those
occupying residences belonging to a State Railway, or rented at the
cost of railway revenues.
II. For the purposes of sub -clause (b) of clause III, the
capital cost of a residence owned by Government shall not include
the cost or value of such special services and installations
(including furniture, tennis courts and sanitary, water-supply or
electric installations and fittings) as it may contain and shall be
either(a) the cost of acquiring or constructing the residence,
including the cost of the site and its preparation and
any capital expenditure incurred after acquisition or
construction; or, when this is not known,
(b) the present value of the residence including the
value of site.
Note.- The cost of restoration or special repairs shall be added to
capital cost or present value, unless such restoration or repairs add
CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

to accommodation or involve replacement of the existing type of


work by work of a more expensive characterProvided that(i)
a local Government may make rules providing the manner in
which the present value of residences including sites, shall be
determined;
(ii) a local Government may make rules determining what
expenditure is to be regarded for the purpose of sub-clause (a)
above as expenditure upon the preparation of a site;
(iii) a local Government may, for reasons which should be
recorded authorize a revaluation of all residence of a specified class
or classes within a specified area to be conducted under the rules
referred to in proviso (i) above, and may revise the capital cost of
any or all such residences on the basis of such revaluation;
(iv) the capital cost, howsoever calculated, shall not take into
consideration (1) any charges on account of establishment and
tools and plant other than such as were actually charged direct to
the work in cases in which the residence was constructed by
Government, or (2) in other cases, the estimated amount of such
charges;
(v) a local Government may, for reasons which should be
recorded, write off a specified portion of the capital cost of
residence(1) when a portion of the residence must be set aside, by
the Government servant to whom the residence is allotted,
for the reception of official and non-official visitors visiting
him on business; or
(2) when it is satisfied that the capital cost, as determined
under the above rules, would be greatly in excess of the
proper value of the accommodation provided;

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

(vi) in assessing the cost or value of the sanitary, water-supply


and electric installations and fittings, a local Government may, by
rules, determine what are to be regarded as fittings for this purpose.
III. The standard licence fee of a residence shall be
calcualted as follows:7

[(a)(i) in the case of a leased residence, the standard


licence fee shall be the sum paid to the lessor;
(ii) in the case of requisitioned residence the
standard licence fee shall be the compensation payable
to the owner of the building;
plus in both cases an addition determined under rules
which a local Government may make, for meeting,
during the period of lease or requisition, as the case
may be, such charges for both ordinary and special
maintenance and repairs and for capital expenditure on
additions or alterations as may be charge on
Government and for the interest on such capital
expenditure, as also for municipal and other taxes in
the nature of house or property tax payable by
Government in respect of such residence.]
(b)
In the case of residences owned by
Government, the standard licence fee shall be
calculated on the capital cost of the residence, and shall
be a percentage of such capital cost equal to such rate
of interest as may from time to time be fixed by the
Secretary of State in Council, plus an addition for
municipal and other taxes in the nature of house or
property tax payable by Government in respect of the
residence and for both ordinary and special
maintenance and repairs, such addition being
determined under rules which a local Government may
make.
7

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

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FUNDAMENTAL RULES Vol I

(c) In both cases standard licence fee shall expressed


as standard for a calendar month and shall be qual to
one-twelfth of the annual licence fee as calculated
above, subject to the proviso that, in special localities
or in respect of special classes of residence, a local
Government may fix a standard licence fee to cover a
period greater than one month but not greater than one
year. Where a local Government takes action under this
proviso standard licence fee so fixed shall not be a
larger proportion of the annual licence fee than the
proportion which the period of occupation as
prescribed under clause I above bears to one year.
Notes.- (1) For the purpose of sub-clause (a) and (b)
above, the additions for both ordinary and special
maintenance and repairs shall not include anything for
the establishment and tools and plant charges, except
to the extent allowed under proviso (iv) to clause II.
(2) A local Government may by rules permit minor
additions and alterations, the cost of which does not
exceed a prescribed percentage of the capital cost of
the residence, to be made during such period as the
rule may determine, without the licence fee of the
residence being increased.
G.I.O. The term "property tax" as used in rule should be
interpreted in the general sense and not in the technical sense
assigned to it in any paricular Act or Code; and it should therefore
not be considered to include taxes levied for specific services
rendered for the benefit of the occupier. Such taxes should in all
cases be excluded from the standard licence fee and recovered
from the occupier, irrespective of whether they were by local rule
or custom, payable in the first instance by the landlord or by the
occupier.
These orders apply also in cases where Government servants
are provided with Government accommodation, free of licence fee.

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FUNDAMENTAL RULES Vol I

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


June 1942]
IV. When Government supplies a Government servant with a
8
residence [leased or requisitioned or] owned by Government, the
following conditions shall be observed:(a) The scale of accommodation supplied shall not, except at
the officer's own request, exceed that which is appropriate to
the status of the occupant.
(b) Unless in any case it be otherwise expressly provided in
these rules, he shall pay (i) licence fee for the residence, such
licence fee being the standard licence fee as defined in clasue
III above or 10 per cent of his monthly emoluments,
whichever is the less; and (ii) municipal and other taxes
payable by Government in respect of the residence not being
in the nature of house or property tax.
(c) Notwithstanding anything contained in sub-clause (b)
above a local Government may:(i) at any time, after the standard licence fee have been
calculated under the provisions of clause III above,
group a number of residences, whether in a particular
area or of a particular class or classes for the purpose
of assessment of licence fee subject to the following
conditions being fulfilled:(1) that the basis of assessment is uniform, and
(2) that the amount taken from any Government
servant shall not exceed 10 per cent of his
emoluments;
(ii) by general or special order, provide for taking licence fee
in excess of 10 per cent of his emoluments from a
Government servant8

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

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

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


(2) who is not required or permitted to reside on duty
at the station at which the residence is supplied to him,
or
(3) who, at his own request, is supplied with
accommodation which exceeds that which is
appropriate to the status of the post held by him, or
(4) who is in receipt of a compensatory allowance
granted on account of dearness of living;
9

[(d) (i) where the standard licence fee of residence


cannot be dtermined for reasons to be recorded in
writing at the time of its allotment, the Government
servant shall pay such licence fee as may be fixed by
the Government on the basis of the actual expenditure
on the construction or the cost of acquisition of the
buildings, the cost of fittings therein and the known
and anticipated liabilities relating thereto plus 10 per
cent of the amount so arrived at or 10 per cent of his
monthly emoluments, whichever is less.
(ii) The licence fee so fixed shall remain
effective till the standard licence fee for that building is
determined on completion of the building and will not
be increased in any case during the interim period].
V. In special circumstances, for reasons which should be
recorded, a local Government(a) may, by general or special order, grant licence fee free
accommodation to any Government, or class of Government
Servants, or
(b) may, by special order waive or reduce the amount of
licence fee to be recovered from any Government servant, or
9

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

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

(c) may, by general or special order waive or reduce the


amount of municipal and other taxes, not being in the nature
of house or property tax, to be recovered from any
Government servant or class of Government servants.
VI. If a residence is supplied with one or more or the
following or similar services, furniture, installation (including
fittings) fir water water or electricity supply or for sanitary
purposes, tennis court, or garden maintained at the cost of
Government, licence fee shall be charged for these in addition to
the licence fee payable under clause IV. The tenant will also be
required to pay the cost of the water, electric energy etc.
consumed. A local Government may make rules prescribing how
the additional licence fee and charges shall be determined, and such
rules, may also authorize the remission or reduction of the
additional licence fee or charge in special circumstances for reasons
which should be recorded.
VII. Nothing contained in this rule shall so operate as to
require payment of licence fee for the occupation of residences
supplied by Government to those servants of the Crown in India
who have been exempted from such payment by order of the
Secretary of State in Council or to affect the amount of licence fee
or charges payable by those servants of the Crown in India, in
whose case the amount so payable is prescribed by the Secretary
of State in Council.
N.B.- For the rules for the occupation of cottages in Starky
Town made by the Local Government under rule 4(1) of the Civil
Services (Governor's Provinces) Delegation Rules, see Appendix
XVII.
Emoluments for
purposes of
recovery of
licence fee.

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


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

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FUNDAMENTAL RULES Vol I

to monthly pay and allowances as part of the authorised


remuneration of a post;
(iii) Compensatory allowances, other than travelling
allowance, uniform allowance, clothing allowance, outfit
10
allowance, special outfit allowance [city compensatory
allowance] uniform grant and grant for horse and saddlery,
11
12
[non-practicing allowance], [project allowance] whether
drawn from the Consolidated Fund of India or of a State or
from a Local Fund.
[Finance Department Notification No. 763-CR-2060-57-IVR-I, dated 21-3-1960]
(iv)

Exchange compensation allowance.

(v) Pension, other than a pension drawn under the


provisions of Chapter XXXVIII, Civil Service Regulations,
or compensation received under the Workmen's
Compensation Act, 1923, as subsequently amended.
13

[(vi) In the case of a Government servant under suspension


and in receipt of a subsistence allowance, he shall be allowed
to occupy the Government residence during the period of
suspension on the same licence fee which he was paying
prior to such suspension.]
Note.- This amendment shall have retrospective effect, i.e., it shall
be deemed to have come into force from 6th July 1960.
It does not include allowances attached to the Victoria Cross, the
Military Cross, the King's Police Medal, the Indian Police Medal,
the Order of British India or the Indian Order of Merit.

10

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

11

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

12

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

13

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

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FUNDAMENTAL RULES Vol I

Notes.- (1) The emoluments of a Government servant paid at


piece-work rate shall be determined in such manner as the Local
Government may prescribe.
(2) The emoluments of an officer on leave means the emoluments
drawn by him for the last complete calendar month of duty
performed by him prior to his departure on leave.
14

[ (3) The amount of pension to be taken into account will be the


amount originally sanctioned, i.e. before commutation, if any, and
will also include the pension equivalent of death-cum-retirement
gratuity and other forms of retirement benefits, if any, e.g.,
Government's contribution to a Contributory Provident fund,
Commuted Value of Pension etc.]
L.G.R. For the purpose of rule 45-C (ii) only that portion of
the fees received by a Government servant which he is allowed to
retain for himself should count as 'emoluments.'
[Government of India, Ministry of Finance, Office memo No. F.17
(13) -EG-I-49, dated 12-5-49]
G.I.O.- The term "pension" occurring in this rule should be
held to mean the full sanctioned pension prior to commutation.
[G.I.F.D. letter No.F-32 (8)-R-I-30, dated 12-5-1949.]
Fees and
honoraria.

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

14

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

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FUNDAMENTAL RULES Vol I

Note.- This clause does not apply to the acceptance of fees by


medical officers in civil employ for professional attendance which
is regulated by the orders of the Secretary of State in Council.
(b) Honoraria.- A local Government may grant or permit a
Government servant to receive an honorarium as remuneration for
15
work performed which is occassional [or intermittent] in character
and either so laborious or of such special merit as to justify a
special reward. Except when special reasons, which should be
recorded in writing, exist for a departure from this provision,
sanction to the grant or acceptance of an honorarium should not be
given unless the work has been undertaken with the prior consent of
the local Government and its amount has been settled in advance.
L.G.R. 1. Manner of sanction and payment.- When an
honorarium is to be given from provincial revenues to a
Government servant serving in one department for work in another
department, sanction to its payment should be issued by the
department which has to bear the charge with the concurrence of
the department in which the Government servant is serving at the
time. If this is done, there will be no need to issue separate
sanctions for the payment and acceptance of the honorarium.
L.G.R. 2 Copies of sanction to the grant of an honorarium
should be forwarded to the aud it office as soon as they are
accorded, and not when the payment becomes due, in order to
enable it to watch in audit, cases in which work has been
undertaken without the prior sanction of the competent authority.
In the case of examinations, it will be sufficient if the
sanctioning authority specifies the names of the persons appointed
as examiners and the rates at which honorarium is to be allowed.
16

[L.G.R. 3.- A question has been raised whether under


F.R.46 (b) an honorarium can be granted to a Government servant
in consideration of (1) temporary increase in work; (2) long hours
15

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

16

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

CHAPTER V ADDITIONS TO PAY

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Procedure
regarding
communication of
sanction to the
payment of
honorarium.

FUNDAMENTAL RULES Vol I

of work put in by an officer in connection with setting up of a


Corporation/Companies, etc., which forms part of their normal
duties; and (3) performing the duties of another sanctioned post in
addition to his own. It has been decided as under:(1) No honorarium is admissible for temporary increases in
work which are normal incidents of Government work and
form part of the legitimate duties of Government servants
according to general principle enunciated in F.R. 11.
(2) Honorarium should not be granted to officers engaged in
work in connection with setting up of Companies/
Corporations, etc., which forms part of their legitimate
duties, even if they work after the office hours.
(3) Honorarium has been defined in F.R.9 (9) as a recurring
or non-recurring payment granted to a Government servant
from the consolidated Fund of India or Consolidated Fund
of the State as remuneration for special work of an
occasional or intermittent character. When a post is
sanctioned the duties attached to it can hardly be regarded as
occasional or intermittent in character. Hence when in
addition to his own duties a Government servant is required
to perform the duties of another sanctioned post, he should
be deemed to be performing additional duties which are not
occasional or intermittent in character, even though he may
be asked to perform such additional duties for a short
period. Honorarium under F.R. 46 (b) will not be admissible
to a Government servant who is required to perform the
additional duties of another sanctioned post.]
(c) Fees and Honoraria.- In the case of both fees and
honoraria the sanctioning authority shall record in writing that due
regard has been paid to the general principle enunciated in
Fundamental Rule 11, and shall record also the reasons which in his
opinion justify the grant of the extra remuneration.
Honoraria to
medical officer in
Civil employ.

G.I.O. The Government of India have decided that neither


Fundamental Rule 47 nor Fundamental Rule 46-A is intended to

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FUNDAMENTAL RULES Vol I

limit the general power of local Government to sanction under


Fundamental Rule 46 honoraria from general revenues to medical
officers in civil employ for serving as examiners.
A.G.I. 1. The rule requires that the reasons for the grant
should be recorded in writing, as it is intended that the grant of an
honorarium or fee should be carefully controlled by Government
and scrutinized by audit, and that audit should be given an effective
opportunity of comment if it be deemed necessary. Audit officers
may, therefore, require that the reasons for the grant of an
honorarium or fee should be communicated to them in each case.

Reasons to be
recorded.

A.G.I. 2. The honorarium paid to an officer selected as an


examiner or lecturer on purely personal grounds irrespective of his
position under Government, though these grounds may bring about
his appointment in successive years, or for a term of years should
be dealt with under Fundamental Rule 46 and not treated as a
recurring charge.

Honoraria to
lecturers and
examiners.

L.G.R. In all letters conveying sanction to the acceptance of


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

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

F.R. 46-A. The Governor-General in Council may make


rules prescribing the conditions and limits subject to which a fee
may be received by a medical officer in civil employ for services
other than professional attendence.

Honoraria or fees
to medical
officers in civil
employ.

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


N.B.- (2) The procedure regulating the acceptance of fees by
Indian Medical Service Officers in civil employ and officers of the
Madhya Pradesh Provincial and Subordinate Medical Services for
giving evidence in a court of law is laid down in paragraph 219-A of
the Madhya Pradesh Medical Mannual.
G.I.O.- The Government of India consider that a duty
imposed on a Government servant by statue must ordinarily be
performed without extra payment. There is therefore no reason for
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FUNDAMENTAL RULES Vol I

giving a Civil Surgeon or other medical officer a fee for performing


his statutory duties under the Tea Districts Emigrants Labout Act
and rules made thereunder. If, however, medical officers are asked
by Employees or Employees Associations to give assistance in
respect of matters relating to emigration to Assam which are not
part of their statutory duties, the Local Government if it considers,
fit, may permit them to accept fees for such work.
[Government of India, Industries and Labour Deptt. Letter no.
13029, dated 26-2-1934]
Rule made by the Governor-General in Council under
Fundamental Rule 46-A.
Unless the Governor-General in Council by special order
otherwise directs, no portion of any fee received by a medical
officer in civil employ for services other than professional
attendance shall be credited to general revenues.
Rule made by the local Government under rules 41 and
44 (d) if the Civil Services (Classification, Control and
Appeal) Rules.
The above rule also applies to medical officers of the
Madhya Pradesh Provincial and Subordinate Services.
Powers to frame
rules regarding
grant of
honoraria.

F.R. 47. Subject to the provisions of the rules made by the


Governor-General in Council under rule 46-A a local Government
may make rules prescribing the conditions and limits subject to
which authorities subordinate to it may sanction the grant or
acceptance of honoraria, and the acceptance of fees, other than the
acceptance of fees by medical officers in civil employ for
professional attendence.
N.B.- See G.I.O. below Fundamental Rule 46.

General rules.

S.R. 1. Subject to the provisions of Supplementary Rules 2


to 8 below, a competent authority may sanction the grant of an
honorarium to a Government servant under his administrative
control or the acceptance by such a Government servant of an

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FUNDAMENTAL RULES Vol I

honorarium or fee. No Government servant may accept an


honorarium or a fee without such sanction.
S.R. 2. A Government servant may not, without the previous
sanction of the local Government undertake any work not
connected with his public duties for which a fee is offered.
Exception 1.- The Director of Public Instructions,
Inspectors of Schools or Principals of Colleges, as the case may
be, may permit members of the teaching staff employed in
Government Schools and Colleges under their control to take up
private tuition of individual students, provided that they have the
power to sanction the acceptance of fees for the tuition work under
item 73 and 73-A in Appendix II, part II.
The Director of Public Instructions may also permit the
above-mentioned officers to undertake tuition work in private
institutions, provided that the fees payable for the tuition work are
within his powers of sanction (vide item 73 in Appendix II, Part II).
Exception 2 - The Director of Public Instructions may
permit the Government servants under his control to undertake the
preparation of text books for use by pupils or teachers subject to
the condition that the author disposes of the book for a lump sum
not exceeding Rs. 1,500 in each case (vide serial no. 73-C,
Appendix II, Part II) and retains no interest in the sale of the book.
17

[Exception 2-A.- The Director of Technical Education


may permit the Government servants under his control to undertake
the preparation of books for use by pupils or teachers subject to
the condition that the author disposes of the book for a lump sum
not exceeding Rs. 1,500 in each case (vide serial No. 73-C,
Appendix II, Part II) and retains no interest in the sale of the book.]
Exception 3. - The Director of Veterinary Services may
permit officers of his department to undertake the supervision of

17

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

CHAPTER V ADDITIONS TO PAY

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Sanction required
to undertaking
work.

FUNDAMENTAL RULES Vol I

slaughter houses and to accept fees therefor from the funds of the
local bodies subject to the following conditions:(1) that the work is undertaken outside Government
hours and that it does not interfere with the legitimate
duties of the department; and
(2) that the total fee offered for the work does not
exceed Rs. 25 per mensem.
Examination work
for which fee or is
either
offered.

Exception 4. - In the following cases no sanction is required


for undertaking the work or accepting a fee therefor:(i) Literary work of an occasional character and
research work.
18

[(ii) Review of books for use as Liberary Books and


Prize Books in schools, and periodicals and magazines
for use in school received for approval from
publishers.]
19

[(iii) Examination work on behalf of Government of


India or any State Government or any University/
Board of Education constituted under any Statute or
by any State Government or Government of India.]
20

[Note.- The examinations conducted by the Madhya


Pradesh.Nurses Registration Council are covered by
the above items]
Expert evidence
and commission.

Exception 5. - A Government servant called upon by a


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

18

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

19

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

20

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

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FUNDAMENTAL RULES Vol I

are fixed by the court, provided he obtains the sanction of the head
of department to the acceptance of the fees.
S.R. 3. No Government servant may act as an arbitrator in
any case which is likely to come before him in any shape by virtue
of any judicial or executive post which he may be holding.

Action as
Arbitrator.

S.R. 4. When a Government servant of an educational


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

Limits of sanction
of tuition fees.

21

[S.R. 5. One third of the fee paid to a Government servant


should ordinarily be credited to general revenues and the balance
two-third paid to Government servant concerned]
Note.- (1) This rule does not apply to the acceptance of fee by
medical officer in civil employ for services other than professional
attendance. Such fees will be regulated by the orders issued under
Fundamental Rule 46-A and those contained in Appendix XXXIV
to the Madhya Pradesh Medical Mannual.
(2) The rule is also not applicable in the cases covered by
exceptions (1) to (4) and (5) below Supplementary Rule 2,
provided that when a Government servant of the Survey and
Settlement and Land Records Department is permitted to receive
fees for the execution of a commission during the time which would
otherwise be spent in the performance of official duties, a sum
equal to his pay including good conduct allowance, conveyance
allowance and dear district allowance, where admissible and that of
any other Government servant who accompanies him for the
number of days spent in travelling and executing the commission
shall be credited to general revenues.

21

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

CHAPTER V ADDITIONS TO PAY

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Share creditable
to general
revenues.

FUNDAMENTAL RULES Vol I

(3) Officers of the Education Department who are permitted to


receive a fee of Rs. 25 for the inspection of each State High School
in the Bastar, Kanker, Khairagarh, Korea, Nandgaon, Raigarh and
Surguja States will not be required to credit any portion of it to
provincial revenues.
[Education Dept.Endorsement No. 1624-Estt, dated 15-10-42].
(4) The rule is not applicable in the case of fees received under the
existing convention when the services of a Governmet servant are
lent by one Government to another for a short priod [c.f. para 3 of
State Government Order (ii-A) under direction 2 in Section I of
Appendix II, Financial Rules, Volume II.]
[Finance Department (R) File No. 13-18 of 1950]
Condition of
sanction of
honorarium.

S.R. 6. An honorarium shall not be granted for all round


good work falling within the scope of the ordinary duties of the
Government servant performing it, however, outstanding its quality.
Notes.- (1) Temporary increase in work, e.g. on account of the
holding of special departmental conferences or in connection with
inter-departmental committees are normal incidents of Government
service and therefore form part of the legitimate duties of
Government servants. Those so employed have therefore no claim
to extra remuneration.
22

(2)

[Deleted]

Examination work
S.R. 7. The work in connection with the following
for which
examination for which definite rates of remuneration have been
Honorarium is
granted.
prescribed may be undertaken and an honorarium drawn without

special sanction:(a) High School Certificate Examination held by the Madhya


Pradesh Board of High School Education;

22

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

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FUNDAMENTAL RULES Vol I

(b)

Vernacular Teacher's Certificate Examination (Men and


Women);

(c)

Secondary Grade Women's Howbagh (Jabalpur) Training


College Examination;

(d)

Final Examination of different courses of the Governemnt


Engineering School, Nagpur;

(e)

Shorthand and Typewriting Examination; and

(f)

Examination held by Public Service Commission; and

(g)

Setting question and valuing answer books in connection


with the examination held by the Posts and Telegraphs
Department for recruitment to certain subordinate service.
Provincial Government servants are not however permitted to
undertake invigilation work in connection with this
Examination.

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


S.R. 8. Except in those cases in which definite rates of
remuneration have been prescribed the amount of an honorarium or
fee must be fixed with due regard to the value of the service in
return for which it is given.
23

F.R. 48. Any Government servant is eligible to receive and


except as otherwise provided by a general or special order of the
Governor to retain without special permission(a) the premium awarded for any essay or plan in public
competitions;
(b) any reward offered for the arrest of a criminal or for
information or special service in connection with administration of
justice;

23

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

CHAPTER V ADDITIONS TO PAY

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Amount how
determined.

Additional
remuneration,
when permissible
with sanction.

FUNDAMENTAL RULES Vol I

(c) any reward payable in accordance with the provisions of any


Act or Regulation or Rules framed thereunder;
(d) any reward sanctioned for services in connection with the
administration of the excise laws; and
(e) any fees payable to a Government servant for duties which
he is required to perform in his official capacity under any special
or local law or by order of Government.
F.R. 48-A.- A Government servant whose duties involve the
carrying out of scientific or technical research shall not apply for or
obtain, a patent for an invention made by such Government servant
save with the permission of the local Government and in
accordance with such conditions as the local Government may
impose.
General instructions for regulating the grant of permission
for the taking out of patents by Government servants whose
duties involve the carrying out of scientific or technical
research.
L.G.R. In these instructions(1) "Inventor" means any Government servant whose duties
involve carrying out of Scientific or Technical Research.
(2) "Department" means the department of the Provincial
Government incharge of any Research Organisation.
(3) "Research Organisation" means any technical or scientific
establishment under the Provincial Government where
research work is carried out, and includes also an
establishment where research work is carried out in addition
to any other routine work.
(4) "Secretary" means Secretary of the Commerce and
Industry Department.
2. An inventor should not, without the previous permission
of the Provincial Government employ a Patent Agent or disclose
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FUNDAMENTAL RULES Vol I

the invention to any person otherwise than as provided in clause 4


or publish or join any person not connected with the invention in
his application for a patent, or file a Complete Specification, or
make any application for a patent in any Indian State or any other
country.
Untill the Provincial Government make a decision under
clause 18, the particulars about any invention disclosed by an
inventor should be treated as confidential and deemed to belong to
and held in trust for the Government.
3. Every inventor should if so ordered, do everything
necessary for obtaining a patent whether in Indian Dominion or any
other country under such conditions as may be prescribed by the
Provincial Government.
4. Every inventor who evolves an invention should promptly
disclose it to the Head of the Research Organisation where he is
working.
5. Where an inventor discloses his invention to the Head of
his Research Organisation, with or without a request for permission
to file an application for a patent accompanied by a Provisional
Specification, the Head of the Research Organisation should,
through a secret communication, forward the information to the
department concerned togethear with his remarks on(i) the connection, if any, between the invention and the
inventor's official duties;
(ii) the extent to which the inventor has used the facilities
provided at Government expenses;
(iii) whether the results are of such a nature that they should
be published instead of being patented;
(iv) patenting the invention in foreign countries;
(v) the estimated needs of the department concerned and the
Government as a whole;

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FUNDAMENTAL RULES Vol I

(vi) the probable contribution to public welfare; and


(vii) his recommendations, if any, as to further action deemed
appropriate.
6. An inventor may file an application for a patent
accompanied by a Provisional Specification after obtaining the
permission of the Head of the Research Organisation where he is
working:
Provided that in case the inventor is himself the Head of a
Research Organisation he may file such application without
obtaining previous permission of the Provincial Government.
7. The Provincial Government hereby authorise the Head of
every Research Organisation to grant, in his discretion, to any
inventor working under him, permission under Fundamental Rule
48-A to file an application for a patent accompanied by a
Provisional Specification:
Provided that, where the Head of Research Organisation
does not deem it fit to grant the permission, for instance, where the
invention is likely to have utility for Defence purposes or for the
department concerned, he should forward the papers to the
department together concerned with his remarks.
8. Where an inventor desires to obtain permission in
accordance with clause 6, his request to the Head of his
Organisation should be made on the prescribed form, shown in
Appendix A, which should be filed in quadruplicate.
9. If the Head of a Research Organisation decides to grant
the permission, he should sign all the four copies of the forms,
return one copy to the inventor, retain one copy and forward the
remaining two copies along with two copies of the Provisional
Specification to the Department concerned.
10. If the request for permission is accompanied by a
Complete Specification (which should be in duplicate) the Head of
the Research Organisation should, through a secret communication,

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FUNDAMENTAL RULES Vol I

forward the papers to the department concerned together with his


remarks on points referred to under sub-paragraph (i) to (vii) in
clause 5.
11. Upon receipt of a communication of an invention from
the Head of the Research Organisation the department concerned
should examine the case. If they consider that the results proposed
to be patented are of such a nature that they should be published
instead of being patented, they will refuse the inventor's request for
permission to take out a patent. The department may take such
steps as they consider expedient for publishing the invention, or for
otherwise disposing of the invention. On receipt of intimation of
such refusal, the inventor shall abandon his application for patent, if
any, filed on the basis of a Provisional Specification. In all other
cases the department concerned should, within 15 days of their
receipt of the communication from the Research Organisation,
forward the papers to the Secretary with their recommendations.
While forwarding the papers to the Secretary the following
documents should be supplied through a secret communication.(i) if the invention was disclosed un accompanied by a
request for permission to take out a patent, full particulars of
the invention so disclosed;
(ii) if an application has been made on the basis of a
Provisional Specification, a copy each of the application
and the Provisional Specification filed at the Patent Office;
and
(iii) if a request for permission has been made to take out a
patent on the basis of a Complete Specification; a copy of
the Complete Specification.
12. Upon receipt of the foregoing communication from the
department concerned Government in the Commerce and Industry
Department will consider whether the permission asked for under
Fundamental Rule 48-A should be granted, with or without
conditions.

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FUNDAMENTAL RULES Vol I

13. If the Government are satisfied that the invention has not
connection whatever with the inventor's official duties, or does not
fall within a technical field of activity of the department concerned
they will, if the inventor has applied for permission to take out a
patent, grant him the permission under Fundamental Rule 48-A
without any restriction.
14. If Government consider that the invention has been made
in the course of the inventor's official duties or that the invention
has resulted from facilities provided at Government's expense, they
will decide whether an application for a patent should be made
through the Controller of Patents and Designs on the basis of a
Complete Specification.
15. If Government decide that an application for a patent
should be made on the basis of a complete specification, the
Secretary will, if necessary, obtain from the inventor further
particulars required for the drafting of the Complete Specification,
and take the necessary steps to prepare and file the Complete
Specification within 9 months from the date of the Provisional
Specification, if any. The application will be made in the name of
the inventor, on the understanding that he will hold the patent in
trust for the Provincial Government and will, in due course, assign
his rights to the Provincial Government.
16. The Complete Specification and the drawings, if any,
required for filing and prosecuting the applications for patents will
be prepared by the Research Organisation when facilities exist for
such purposes, and in other cases, by the Secretary, or by such
agency as may be appointed by Government.
17. All fees up to the stage of acceptance in respect of every
application prosecuted by the Secretary, will be borne by the
Provincial Government.
18. On filling a complete specification Government in the
Commerce and Industry Department will consider.-

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FUNDAMENTAL RULES Vol I

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


public; or
(ii) whether a patent should be taken out for exploitation by
the Provincial Government; or
(iii) whether the inventor should be allowed to take out a
patent for his own benefit.
19. If the department concerned or Government in the
Commerce and Industry Department decide that the invention
should be published for free use by the public, they will refuse the
Inventor's request, if any, for permission under Fundamental Rule
48-A and the Secretary will not prosecute the application for patent
beyond the stage of its acceptance. In all such cases the
Government in the Commerce and Industry Department on the
advice of the department concerned will determine the ex-gratia
payment, if any, and will advise the department concerned
accordingly.
20. If Government in the Commerce and Industry
Department decide to take out a patent for exploitation, the
Secretary will proceed with the application, and on obtaining the
patent, take the necessary steps to get the inventor's rights under
the patent assigned to the Provincial Government.
21. In all cases where the Government in the Commerce and
Industry Department decide to take out patents for exploitation,
they will decide also the manner in which the patents should be
exploited.
22. Inventions which the Government in the Commerce and
Industry Department consider are of no interest to the Provincial
Government either for commercial exploitation orpublication for
free use to the public, will be returned to the inventors, if they so
desire, and they will be allowed to take out patents for their own
benefit subject to.-

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FUNDAMENTAL RULES Vol I

(i) the reservation of the right of the Provincial Government


to the use of the invention either without payment or on such
terms as the Government may consider reasonable; and
(ii) the condition that the inventor will not assign or deal with
or grant licences to any person without obtaining the prior
permission of the Government.

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FUNDAMENTAL RULES Vol I

APPENDIX A
Request for permission to file an application for a patent
accompanied by a Provisional Specification direct to the
Patent Office.
(To be filled in quadruplicate)
I/We hereby request permission to file an application for an
Indian Patent accompanied by a Provisional Specification in
respect of ......................................(here give title of invention). In
consideration of grant of such permission I/we agree and declare as
follows:2. I/We declare that this invention has/had not been evolved
in the case of my/our official duties and as a result of the research
and facilities provided at Government expense.
3. Four copies of the Provisional Specification which it is
proposed to forward to the Controller of Patents and Designs,
Calcutta (or an equivalent description of the invention), accompany
this request. Immediately after dispatching the application I/We will
submit two extra copies of the documents forwarded to the
Controller of Patents and Designs.
4. I/We wish to apply for a patent, in my/our name on the
understanding I/We would hold the patent when granted, in trust for
the Governor (hereinafter called Provincial Government) and will
assign the same to the Provincial Government whenever called
upon to do so.
5. I/We will, if so ordered, withdraw my/our application for a
patent.
6. I/We will not file the Complete Specification in respect of
this invention without the prior permission of the Provincial
Government or in the manner as may be directed in the matter.
7. I/We will not apply for a patent in any other country or an
Indian State in respect of this invention without the prior permission
of the Provincial Government.
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FUNDAMENTAL RULES Vol I

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

...............................................
Inventor's Signature, Designation
My/Our address for service .......................................... in
the Dominion of India is ...............................................
Permission granted.
Date .................
Signature of the Head of the
Research Organisation, Designation.
Received one copy.
Signature of Inventor or Inventors.
Date ...............
[Govt. of the C.P. & Berar Commerce & Industry Dept. Memo
No.3984-1453-VII, dated 6-7-1948]
F.R.48-B.- If a question arises whether a Government
servant is a Government servant to whom rule 48-A applies the
decision of the local Government shall be final.
F.R. 48-C.- [Deleted].

CHAPTER V ADDITIONS TO PAY

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FUNDAMENTAL RULES Vol I

CHAPTER VI

COMBINATION OF APPOINTMENTS

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


servant already holding a post in a substantive or officiating
capacity to officiate, as a temporary measure, in one or more of
other independent posts at one time under that Government. In
such cases, his pay is regulated as follows:(i) Where a Government servant is formally appointed to
hold full charge of the duties of a higher post in the same
office as his own and in the same cadre/line of promotion,
in addition to his ordinary duties, he shall be allowed the
pay admissible to him, if he is appointed to officiate in the
higher post, unless the competent authority reduces his
officiating pay under Rule 35; but no additional pay shall,
however, be allowed for performing the duties of a lower
post ;
(ii) Where a Government servant is formally appointment
to hold dual charge of two post in the same cadre in the
same office carying identical scales of pay, no additional
pay shall be admissible irrespective of the period of dual
charge:
Provided that if the Government servant is appointed to
an additional post which carries a special pay, he shall be
allowed such special pay;
(iii) Where a Government servant is formally appointed
to hold charge of another post or posts which is or are
not in the same office, or which, though in the same
office, is or are not in the same cadre/line of promotion,
he shall be allowed the pay of the higher post or of the
highest post if he holds charge of more than two posts in
addition to ten percent of the presumptive pay of the
additional post or posts, if the additional charge is held

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

CHAPTER VI COMBINATION OF APPOINTMENTS

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

FUNDAMENTAL RULES Vol I

for a period exceeding 39 days but not exceeding 3


months:
Provided that if in any particular case it is considered
necessary that the Government servant should hold
charge of another post or posts for a period exceeding 3
months, the concurrence of the Finance Department shall
be obtained for the payment of the additional pay beyond
the period of 3 months;
(iv) No additional pay shall be admissible to a
Government servant who is appointed to hold current
charge of the routine duties of another post or posts
irrespective of the duration of the additional charge;
(v) If compensatory or sumptuary allowances are
attached to one or more of the posts, the Government
servant shall draw such compensatory or sumptuary
allowances as the State Government may fix:
Provided that such allowances shall not exceed the total
of the compensatory and sumptuary allowances attached
to all the posts.]
Chaplains .

G.I.O.1. Chaplains on the Indian Ecclesiastical


Establishment are subject to the Fundamental Rules and are entitled
to the benefits which these rules confer in respect of additional pay
for holding two or more post at one and the same time subject to
the observance of the following principles ;(i) So long as there is a shortage of Chaplains in a
particular diocese, i.e., actual vacancies in the cadre, it
may be necessary to ask a Chaplain to do double duty. In
such cases the grant of additional pay under Fundamental
Rule 49 would usually be justified, but the number of
Chaplains actually in receipt of additional pay should not
exceed the number of vacancies existing.
(ii) Where the cadre is full it ought not ordinarily to be
necessary to ask a Chaplain to do double duty and
CHAPTER VI COMBINATION OF APPOINTMENTS

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FUNDAMENTAL RULES Vol I

additional pay under Fundamental Rule 49 ought not in


such cases to be granted unless tahe circumstances are
altogether exceptional.
[G.I., Department of Commerce, Letter no. 1186-C,
dated 21st February 1927, received under appointment
Department endoresement No. 1043-534-R-III, dated 2nd
March 1927]
Notes :- (1) In determining the shortage of Chaplains ina particular
diocese, the number of Chaplains on leave should be taken into
accounts. Thus if in any particular diocese the number of Chaplains
on duty plus the number of Chaplains on leave falls short of the
sanctioned number of chaplaincies for that diocese, then there are
actual vacancies in the cadre to the extent by which the number of
Chaplains on duty plus number of Chaplains on leave fall short of
the sanctioned number of Chaplaincies.
[G.I., Department of Commerce, letter no. 1186-C(3), dated
the 24th June 1927,
received under Appointments Department
endorsement No. 2973-1389-R-III, dated the 4th July 1927]
(2) When owing to the absence of the Bishop from any of the
Diocese of Lahore, Rangoon, Lucknow or Nagpur, the
Archdeacon is called upon to perform the duties of Bishop's
Commissary in addition to his own duties, he may be granted an
allowance under Fundamental Rule 49, even though there may be
no actual vacancies on the regular cadre of the diocese..
(3) Additional pay under Fundamental Rule 49 is not admissible to
a Chaplain in the following cases :(a) When a Field Service Chaplain is withdrawn for field
service or for employment elsewhere, as a Field Service
Chaplain when not required for field service is
supernumary to the cadre to which he is attached.
(b)
When a Field Service Chaplain is available to fill
up shortage in the regular cadre fixed for diocesan work.

CHAPTER VI COMBINATION OF APPOINTMENTS

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FUNDAMENTAL RULES Vol I

(c) In a leave vacancy, as the cadre fixed for diocesan


work provides for a leave reserve.
[G.I., Department of Commerce letter No.
5(16)-Fccl, dated the 6th February 1931, to the
Metropolitan's Chaplain, received under Appointment
Department endorsement No. 848-426-III, dated the 27th
February 1931]
Application of
the rule to
members of AllIndia Services.

G.I.O. 2. The Government of India have ruled that additional


pay granted under Fundamental Rule 49 (b) is not special pay or
personal pay and that no extraneous limitations outside the
Fundamental Rules exist on its grant by the local Government. The
fact that the grant of additional pay under Fundamental Rule 49 is
to be made to a member of an All-India Service does not
accordingly restrict the local Government's powers under
Fundamental Rule 49.
[G.I.F.D., letter No. 357-C.S.R.-27, dated the 16th September
1927, received with Accountant-General's letter No. G.A.31-I-2044,
dated the 10th October 1927]

Scope of the
A.G.I. 1. This rule requires that such pay as may be
words
"reasonable pay" considered "reasonable" in the circumstances may be given; half
in F.R. 49 (b).
the presumptive pay of the post is not therefore to be regarded as

the amount normally permissible.


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

Fundamental Rule
49 (b).

CHAPTER VI COMBINATION OF APPOINTMENTS

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FUNDAMENTAL RULES Vol I

A.G.I. 3. Under this rule, a Government servant is not


entitled to overseas pay in respect of both the posts, that is, he
cannot get the benefit of the overseas pay, whether in sterling or
rupees, of the second post.
A.G.I. 4.:- For the interpretation of the term "unfilled" used
with reference to combination of appointments made under
Fundamental Rule 49, occurring in rule 25 of the Civil Services
(Classification, Control and Appeal) Rules, see the A.G.I.
reproduced as foot-note below rule 25 of the Civil Services
(Classification, Control and Appeal) Rules.
L.G.O. 1.:- The authorities competent to grant additional
remuneration under this rule should carefully scrutinize the merits of
every claim and satisfy themselves that the extra remuneration to be
granted is justified with reference to the nature or extent of the extra
work or responsibility involved. Where it is proved that the extra
duties to be performed are such as to justify additional
remuneration, a formal appointment may be made in terms of
Fundamental Rule 49, but the additional pay to be granted under
Fundamental Rule 49 (b) should not ordinarily exceed 20 per cent
of the presumptive pay of the additional post Otherwise the
appointment should not be made in terms of Fundamental Rule 49
i.e., the additional post should be kept vacant and the case should
be met by the grant, if necessary, of a special pay not exceeding 20
per cent of the minimum pay of the additional post under
Fundamental Rule 9 (25) (b), the above orders should not be held
to override the delegation contained in Serial Nos. 76 and 77 of
Appendix II, Part II, Fundamental Rules Vol. II.
L.G.O. 2:- The special pay and Fundamental Rule 9(25)(b)
granted in the circumstances stated L.G.O. 1 above is of the nature
of charge allowance and does not, therefore, count as emuluments
for pension under Article 468, Civil Service Regulations vide
paragraph 2 under Article 468 (i) and (j) on page 105 of the Central
Provinces Supplement to the Civil Service Regulations.

CHAPTER VI COMBINATION OF APPOINTMENTS

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Overseas pay in
respect of more
than one post.

FUNDAMENTAL RULES Vol I

Note :- When a special pay under Fundamental Rule 9(25)(b) is


granted in the circumstances described in L.G.O. above, the fact
that it has been so granted should be recorded in the service book.
L.G.O. 3.:- A question has arisen whether F.R. 49 is
applicable in the case of appointment of a Government servant to
two or more posts of the same nature and borne on the same cadre.
It has been decided by the State Government that F.R. 49 is
applicable in the case of appointment to two or more posts in the
same office of establishment which are in the same line of
promotion or cadre as they cannot be held, as independent posts
for the purpose of that rule. For example a L.D.C/U.D.C./
A.M.O./Assistant Engineer who is required to look after the work
of another post of L.D.C/U.D.C./A.M.O./Assistant Engineer in
addition to his own work, will not be entitled to anything more than
the pay and allowances admissible for single post.
Note.- This will have effect from the 10th August 1966.
[F.D.No. 1382-CR-740-IV-R-I, dated 16-9-1966]

CHAPTER VI COMBINATION OF APPOINTMENTS

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FUNDAMENTAL RULES Vol I

CHAPTER VII

DEPUTATION OUT OF INDIA

F.R. 50. No deputation of a Government servant out of


India shall be sanctioned without the previous approval of the State
Government.
1

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


sanction temporarily deptuted for duty out of India either in
connection with the post held by him in India or in connection with
any special duty on which he may temporarily be placed, he may be
allowed by the Government to draw during the period of deputation
the same pay which he would have drawn had he remained on duty
in India:
Provided that a Government servant who is placed on
deputation while already on leave out of India on average pay, may
be required by the Government to continue to be on leave, in which
case he shall be given during that period, in addition to his leave
salary, an honorarium of one-sixth of the pay which he would heve
drawn had he remained on duty in India; the cost of passages from
and to India shall be borne by him.
Note :- The portion of the pay which a Government
servant may be permitted to draw in foreign currency
while on deputation abroad will be determined in
accordance with the orders issued by the Government in
this regard from time to time.
(2) A Government servant on deputation may also be
granted a compensatory allowance in a foreign country of
such amount as Government may think fit.
(3) The foreign exchange equivalent of the pay,
honorarium or compensatory allowance admissible under
sub-rule (1) or sub rule (2) shall be calculated at such rate
of exchange as Government may by order prescribe.

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

CHAPTER VII DEPUTATION OUT OF INDIA

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FUNDAMENTAL RULES Vol I

F.R. 51-A.- When a Government servant is with proper


sanction deputed for duty out of India to hold a regularly
constituted permanent or quasi-permanent post, other than a post
borne on the cadre of the service to which he belongs his pay shall
be regulated by the orders of the State Government.
[F.D. (R) file No. 13-42 of 1952.]
Police
subordinates.

S.S.O. 1. In connection with Fundamental Rules 50 and 51,


the following rules shall regulate the deputation out of India of
subordinate police officers for the purposes referred to therein:
The Government of India, or in cases, in which the cost is
met from provincial revenues, a Local Government may depute a
subordinate police officer to any country outside India to
accompany or take charge of criminals or lunatics, or on any other
business which is part of his duty as a police officer; and may grant
to the officer so deputed (a)

full pay, for the entire period of absence from India;

with
(b) actual travelling expenses, and a subsistence allowance
not exceeding the following scale, while in any country outside
India :S
D
For an officer of the Inspector class
22
6 a day
--- do --Sergeant class
15}
0 " "
----- do ---- Constable class
"}
"
"
`
A Local Government may delegate its powers under this rule
to officers of a rank not less than Deput Inspector-General of
Police or Commissioners of Police in the Presidency towns and
Rangoon.
[G.I.F.D., Resolution No. 1224-C.S.R., dated 10th November
1922]
CHAPTER VII DEPUTATION OUT OF INDIA

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FUNDAMENTAL RULES Vol I

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


Secretary of the State
has decided that the words "an officer of the Inspector
class" in clause (b) of the above S.S.O. include a Deputy
Inspector and a Sub- Inspector.
[ G.I.F.D., Resolution No. F-4-XXVIII-R-I-28, dated 29th
September 1928]
S.S.O. 2. The Secretary of State has made the following rule
in regard to remuneration of officers who belong to Services the
control of which has not been delegated to Local Government by
the Delegation Rules, 1926 (i.e. in regard to officers of the All-India
Services) and who, while on leave in the United Kingdom, attend
Conferences and Congresses there or non the Continent of Europe
whether as official representative of Government of India or of a
Local Government or as unofficial visitors :-

Conferences and
Congresses .

(1) Officers who are nominated as official representatives


of the Government of India or of a Local Government will
be placed on deputation for the period involved and will
receive the usual travelling expenses and subsistence
allowance.
(2) Officers who are not so nominated will not be placed
on deputation; but if it is thought desirable that they should
attend as visitors, they may be offered travelling expenses
and subsistence allowance as an inducement for them to
do so. Further, though the officer is not an official
representative, the India Office will be prepared to render
him such service as recommending him, as a visitor, to the
Congress Authorities.
[Secretary of State's despatch No. 5-Overseas dated the
20th December 1928, received with G.I.F.D. No. F-4-II-RI, dated the 9th February, 1929]
S.S.O. 3. The Secretary of State has decided that the
officers in Government service holding Rockfeller Foundation
CHAPTER VII DEPUTATION OUT OF INDIA

3 of 7

Rockfeller
fellowship .

FUNDAMENTAL RULES Vol I

Fellowships should be treated as on deputation and given the


following terms ;(1) Full Indian pay minus overseas pay in the case of
officers in receipt of overseas pay, or as an alternative at
the option of the officer concerned, three-fourth of the
pay including overseas pay.
(2) Compensatory allowance admissible to a first or
second class officer, as the case may be, under section
11 of the Indian Office Rules, regarding allowance of civil
officers when on duty in Europe or America. This is
ordinarily admissible for one year only.
(3) Rockfeller stipend.
They would not be entitiled to the United States of America
Allowance under section IV of the Indian Office Rules, or to any
Study Leave Allowance, and the leave earned by this deputations
would be diminished by any periods of leave granted by the
International Health Board.[G.I.Department of Education, Health
and Lands letter No. 961-Health, dated the 18th/22nd May 1929.]
S.S.O. 4. The Secretary of State in Council has decided that
officers who are placed on deputation while already on leave
out of India on average pay may, if average pay leave would
otherwise be admissible, convert deputation into leave on average
pay plus an honorarium of one sixth of Indian pay on the condition
that the cost of passages both from and to India is borne by the
officer.

When deputation
can be converted
the
into leave .

[G.I.F.D., letter No. F-120 -C.S.R.-25, dated the 4th November


1925 and F-4-R-I-29, dated the 11th January 1929]
Scope of F.R. 50.

S.S.0. 5. With reference to the orders contained in


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

CHAPTER VII DEPUTATION OUT OF INDIA

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FUNDAMENTAL RULES Vol I

exercised by a Government servant whose deputation out of India


has been approved by the proper authority.
[G.I.F.D letter Nol.F-101-C.S.R.- 26, dated the 30th July 1926]
S.S.O. 6. The Secretary of State in Council has decided that
officers serving under the Civil Service Regulations are eligible for
the privilege of consuming leave during deputation, should they so
desire , and of receiving an honorarium of one-sixth of their pay. In
their case, leave on full pay would take the place of leave on
average pay.

Officers subject
to Civil Service
Regulation Rules.

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


1927]
S.S.O. 7. The Secretary of State has decided that period of
deputation converted into leave on average pay under S.S.O. 5
above should count for pension as leave and not as deputation.

Period treated as
leave for purpose
of pensions.

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


1925]
S.S.O. 8. With reference to Fundamental Rule 51, the
Secretary of State for India in Council has issued revised rules
(vide Appendix XVIII) governing the grant of subsisitence and
travelling allowance to officers serving under the Secretary of State,
the Government of India, or the High Commissioner for India when
on duty in Europe or America.

Subsistence and
travelling
allowance
granted in certain
cases.

[G.I.F.D.,No. F-220-C.S.R., dated the 14th November 1924, and


N0.F-22-C.S.R. 24, dated the 6th February ]
S.S.O. 9. With reference to the rules governing the grant of
travelling allowance to civil officers serving under the Secretary of
State, etc., when on duty in Europe or America (vide S.S.O. 9
under this rule), it hasa been decided by the Secretary of State that
civilian officials ordered to attend at the India Office for
examination by the India Office Medical Board shall be allowed a
refund of railway fares for journeys within United Kingdom
according to the class to which they are entitled but that no

CHAPTER VII DEPUTATION OUT OF INDIA

5 of 7

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

FUNDAMENTAL RULES Vol I

subsistence allowance will be granted and no refund of hotel


expenses will be allowed.
[G.I.F.D., No.F-116-C.S.R. 25, dated the 18th April 1925]
Rate of exchange
.

S.S.O. 10. The Secretary of State in Council has decided


that where a rule made by the Secretary of State in Council refers to
a rate of exchange which the Secretary of State in Council may by
order prescribe, that rate shall until further orders be issued.
[G.I.F.D., Resolution No.F.35-R-I-28, dated the 25th February
1928]
G.I.O. 1. In the case of officers who are placed on
continuous service with commissions and committtees whose
functions require work both in and out of India the reference to the
pay which the Government servant would have drawn if on duty in
India both in Fundamental Rule 51 and in proviso (a) to
Fundamental Rule 9(2) should be interpreted as a reference to the
pay which he would have drawn in India had he continued on duty
with the commission or committee there.
[G.I.F.D., endorsement No.F.4-11-R-I-30, dated 27th July 1931]
G.I.O. 2. The grant of deputation pay to officers on short
term contracts who are called upon to undertake duty outside India
is governed by the ordinary service rules.(F.R. 51)
The above orders are also applicable to subordinate
personnel recruited for service in India on short-term contract.
[G.I.F.D., letter No.F- 4 (28)-R-I-31, dated the 20th November
1931, received with Appointments Department's endorsement No.
4202-2995-III, dated the 12th December 1931 , and G.I.F.D., letter
No. F- 4 (28)-R-I-31, dated the 14th July 1932]
Rule made by the Local Government under rule 4 (1) of the
Civil Serivces (Governor's Provinces) Delegation Rules
(1) The local Government has decided to adopt the terms
mentioned in S.S.O. 4 above for officers belonging to provincial
CHAPTER VII DEPUTATION OUT OF INDIA

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FUNDAMENTAL RULES Vol I

and subordinate services and officers holding special post who


may be selected for Rockfeller-Fellowship from Madhya Pradesh.
(2) The Local Government has decided to adopt the rule in
S.S.O. 3 above so far as regards officers belonging to services the
control of which has been delegated to the Local Government by
the Delegation Rules of 1926 i.e., officers belonging to Provincial
and Subordinate Service and Officers holding special posts.
A.G.I. 1. In the expression "pay he would draw if he were
on duty in India" occuring in Fundamental Rule 51 (a) and in the
similar expression in Fundamental Rule 9 (2) (a) the term "pay"
should be interpreted literally with reference to Fundamental Rule
9(21) and the pay which an officer would have drawn if on duty in
India should be determined for this purpose by the appropriate
authority in India.
A.G.I. 2. The period of deputation runs from date on which
the Government servant makes over charge of his office in India to
the date on which he resumes it; or if the Government servant is on
leave out of India at the time he is placed on deputation, the period
of the deputation is the time actually occupied by the duty.

Period of
deputation.

A.G.I. 3. Subject to the consideration of special cases, when


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

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

N.B.

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FUNDAMENTAL RULES Vol I

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.
1

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


deemed to have been placed under suspension by an order of the
appointing authority] shall be entitled to the following payments,
namely:(i) in the case of a Commissioned Officer of the Indian Medical
Department or a Warrant Officer in Civil employ who is liable to
revert to military duty, the pay and allowance to which he would
have been entitled had he been suspended while in military
employment;
(ii)

in the case of any other Government servant:-

(a) a subsistence allowance at an amount equal to the leave


salary which the Government servant would have drawn if he had
been on leave on half average pay or on half pay and in addition,
dearness allowance, if admissible on such leave salary:
3

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
4
the first [three] months as follows:(i) the amount of subsistence allowance may be increased
by a suitable amount; not exceeding 50% of the subsistence

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

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

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

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

CHAPTER VIII DISMISSAL, REMOVAL AND SUSPENSION

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

FUNDAMENTAL RULES Vol I


5

allowance admissible during the period of the first [three]


moths, if in the opinion of the said authority, the period of
suspension has been prolonged for reasons to be recorded
in writing not directly attributable to the Government
servant;
(ii) the amount of subsistence allowance may be reduce by a
suitable amount not exceeding 50% of the susbistence
6
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 due to reasons to be
recorded in writing, directly attributable to the Government
servant;
(iii) the rate of Dearness Allowance will be based on the
increased or, as the case may be, the decreased amount of
subsistence allowance admissible under sub-clauses (i) and
(ii) above.]
7

(b) [Any other compensatory allowances admissible from time to


time on the basis of pay of which the Government servant was in
receipt on the date of suspension subject to the fulfillment of other
conditions laid down for the drawal of such allowances:
Provided that the Government servant shall not be entitled to the
compensatory allowances unless the said authority is satisfied that
the Government servant continues to meet the expenditure for
which they are granted.
(2) No payment under sub-rule (1) shall be made unless the
Government servant furnishes a certificate that he is not engaged in
any other employment, business, profession or vocation.

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

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

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

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FUNDAMENTAL RULES Vol I

L.G.R. House rent allowance grnated in lieu of rent-free


quarters cannot be drawn by a Government servant under
suspension.
8

F.R. 53-A [Deleted]


F.R 54. (1) When a Government servant who has been
dismissed, removed or compulsorily retired is re-instated as a result
9
of appeal review or would have been so re-instated [but for his
retirement on superannuation, while under suspension or not], the
authority competent to order re-instatement shall consider and make
a specific order:(a) regarding the pay and allowances to be paid to the
Goverment servant for the period of his absence from
duty including the period of suspension preceeding his
dismissal, removal or compulsory retirement, as the case
may be, and
(b) whether or not the said period shall be treated as a
period spent on duty.
(2) Where the authority competent to order re-instatement is of the
opinion that the Government servant who had been dismissed,
removed or compulsorily retired has been fully exonerated, the
Government servant shall, subject to the provisions of sub-rule (6),
be paid full pay and allowances to which he would have been
entitled, had he not been dismissed, removed or compulsorily
retired or suspended prior to such dismissal, removal or
compulsory retirement, as the case may be:
Provided that where such authority is of opinion that the
termination of the proceedings instituted against the Government
servant had been delayed due to reasons directly attributable to the
Government servant, it may, after giving him an opportunity to
8

Deleted by F.D. Notification No. 2083-CR-2780-IV-R-I, dated 23.11.63.

Substituted by F.D. Notification No.FAAA-1-10-73/R-I/IV, dated 29.7.75. effective from


22.8.75.

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10

make his representations [within 60 days from the date on which


the communication in this regard is served on him] and after
considering the representation, if any submitted by him, direct for
reasons to be recorded in writing, that the Government servant
shall, subject to the provisions of sub -rule (7),be paid for the
11
period of such delay, only such amount [not being the whole] of
such pay and allowances as it may determine.
(3) In a case falling under sub-rule (2), the period of absence
from duty including the period of suspension preceeding dismissal,
removal or compulsory retirement, as the case may be shall be
treated as a period spent on duty for all purposes.
(4) In the cases other than those covered by sub-rule (2)
including the cases where the order of dismissal, removal or
compulsory retirement from service is set aside by the Appellate or
Reviewing Authority solely on the ground of non-compliance with
the requirements of Clause (2) of Article 311 of the Constitution
and no further enquiry is proposed to be held, the Government
servant shall subject to the provision of sub-rules (6) and (7), be
12
paid such [amount (not being the whole) of the pay and
allowances] to which he would have been entitled had he not been
dismissed, removed or compulsorily retired or suspended prior to
such dismissal, removal or compulsory retirement, as the case may
be, as the competent authority may determine, after giving notice to
the Government servant of the quantum proposed and after
considering the representation, if any, submitted by him in that
13
connection within such period [which in no case shall exceed
sixty days from the date on which the notice has been served] as
may be specified in the notice:

10

Inserted by F.D. Notification No. 525-1386-78-R-I/IV, dated 6.5.78. effective from 14.1.77.

11

Substituted by F.D. Notification No. FA-1-10-73-R-I-IV, dated 25.9.74.

12

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74.

13

Inserted by F.D. Notification No.1667-3441-76-I-IV-, dated 17.12.76. effective from 14.1.77.

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14

[Provided that any payment under this sub-rule to a


Government servant {other than a Government servant who is
governed by the provisions of the Payment of Wages Act 1936 (4)
of 1936} shall be restricted to a period of three years immediately
preceeding the date on which orders for re-instatement of such
Government servant are passed by the Appellate Authority or
Reviewing Authority, of immediately preceding the date of
retirement on superannuation of such Government servant, as the
case may be.]
(5) In a case falling under sub-rule (4), the period of absence
from duty including the period of suspension preceding his
dismissal, removal or compulsory retirement, as the case may be,
shall not be treated as a period spent on duty, unless the competent
authority specifically directs that it shall be so treated for any
specified purpose:
Provided that if the Government servant so desires, such
authority may direct that the period of absence from duty including
the period of suspension preceding his dismissal, removal or
compulsory retirement, as the case may be, shall be converted into
leave of any kind due and admissible to the Government servant.
Note.- The order of the competent authority under the
preceding proviso shall be absolute and no higher sancion
shall be necessary to the grant of(a) extraordinary leave in excess of three months in the case
of temporary Government servant, and
(b) leave of any kind in excess of five years in the case of
permanent or quasi-permanent Government servant.
(6) The payment of allowances under sub-rule (2) or sub-rule
(4) shall be subject to all other conditions under which such
allowances are admissible.
14

Substituted prviso by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74.

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15

(7) [The amount determined under the proviso to sub-rule


(2) or under sub-rule (4) shall not be less than the subsistence
allowance and other allowances admissible under rule 53.
(8) Any payment made under this rule to a Government
servant on his re-instatement shall be subject to adjustment of the
amount, if any, earned by him through an employment during the
period between the date of removal, dismissal or compulsory
retirement, as the case may be, and the date of re-instatement.
Where the emoluments admissible under the rule are equal to or less
than the emoluments earned during the employment elsewhere,
nothing shall be paid to the Government servant.
F.R. 54-A.- (1) Where the dismissal, removal or compulsory
retirement of a Government servant is set aside by a Court of Law
and such Government servant is re-instated without holding any
further enquiry, the period of absence from duty shall be
regularised and the Government servant shall be paid pay and
allowance in accordance with the provisions of sub-rule (2) or (3)
subject to the directions, if any, of the court.
16

[(2) (i) Where the dismissal, removal or compulsory


retirement of a Government servant is set aside by the Court solely
on the ground of non-compliance with the requirements of the
clause (2) of Article 311 of the Constitution, and where he is not
exonerated on merits, the Government servant shall subject to the
17
provision of sub-rule (7) of rule 54, be paid such [amount (not
being the whole) of the pay and allowances to which he would have
been entitled had he not been dismissed, removed or compulsorily
retired or suspended prior to such dismissal, removal, or
compulsory retirement, as the case may be, as the competent
authority may determine, after giving notice to the Government
servnat of the quantum proposed and after considering the
15

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 5.3.75.

16

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 26.9.74.

17

Inserted by F.D. Notification No.1667- 3441-76-R-I-IV, dated 17.12.76.

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representation, if any, submitted by him in that connection, within


18
such period, [which in no case shall exceed sixty days from the
date on which the notice has been served as may be specified in the
notice:
Provided that any payment under this sub-rule to a
Government servant other than a Government servant who is
governed by the provisions of Payment of Wages Act, 1936 (4 of
1936) shall be restricted to a period of three years immediately
preceding the date on which the judgement of the court was passed
or the date of retirement on superannuation of such Government
servant, as the case may be.
(ii) The period intervening between the date of dismissal,
removal or compulsory retirement including the period of
suspension preceding such dismissal, removal or compulsory
retirement, as the case may be and the date of judgement of the
court shall be regularised in accordance with the provisions
contained in sub-rule (5) of Rule 54.]
(3) If the dismissal, removal, or compulsory retirement of a
Government servant is set aside by the Court on the merits of the
case, the period intervening between the date of dismissal, removal
or compulsory retirement including the period of suspension
preceding such dismissal, removal or compulsory retirement, as the
case may be, and the date of re-instatement shall be treated as duty
for all purposes and he shall be paid the full pay and allowances for
the period to which he would have been entitled, had he not been
dismissed, removed or compulsorily retired, as the case may be.
(4) The payment of allowances under sub-rule (2) or sub-rule
(3) shall be subject to all other conditions under which such
allowances are admissible.
(5) Any payment made under this rule to a Government
servant on his re-instatement shall be subject to adjustment of the
18

Inserted by F.D. Notification No.1667- 3441-76-R-I-IV, dated 17.12.76.

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FUNDAMENTAL RULES Vol I

amount if any, earned hy him through an employment during the


period between the date of dismissal, removal or compulsory
retirement and the date of re-instatement. Where the emoluments
admissible under this rule are equal to or less than those earned
during the employment elsewhere, nothing shall be paid to the
Government servant.
F.R. 54-B. (1) When a Government servant who has been
suspended is re-instated or would have been so re-instated but for
his retirement on superannuation while under suspension, the
authority competent to order re-instatement shall consider and make
specific order(a) regarding the pay and allowances to be paid to the
Government servant for the period of suspension ending
with re-instatement or the date of his retirement on
superannuation, as the case may be, and
(b) whether or not the said period shall be treated as a
period spent on duty.
(2) Notwithstanding anything contained in rule 53, where a
Government servant under suspension dies before the disciplinary
or court proceedings instituted against him are concluded, the
period between the date of suspension and the date of death shall
be treated as duty for all purposes and his family shall be paid the
full pay and allowances for that period to which he would have
been entitled had he not been suspended, subject to adjustment in
respect of subsistence allowance already paid.
(3) Where the authority competent to order re-instatement is
of the opinion that the suspension was wholly unjustified, the
Government servant shall subject to the provisions of sub-rule (8),
be paid the full pay and allowances to which he would have been
entitled had he not been suspended:
Provided that where such authority is of the opinion that the
termination of the proceedings instituted against the Government

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FUNDAMENTAL RULES Vol I

servant had been delayed due to reason directly attributable to the


Government servant it may, after giving him an opportunity to make
19
his representation [within 60 days from the date on which the
communication in this regard is served in him] and after considering
the representation, if any, submitted by him direct, for reasons to
be recorded in writing that the Government servant shall be paid for
20
the period of such delay only such [amount (not being the whole)]
of such pay and allowances as it may determine.
(4) In a case falling under sub-rule (3) the period of
suspension shall be treated as a period spent on duty for all
purposes.
(5) In cases other than those falling under sub-rules (2) and
(3) the Government servant shall subject to the provisions of sub21
rules (8) and (9) be paid such [amount (not being the whole) of
the full pay and allowances] to which he would have been entitled
had he not been suspended, as the competent authority may
determine, after giving notice to the Government servant of the
quantum proposed and after considering the representation,if any,
22
submitted by him in that connection within such period [which in
no case shall exceed sixty days from the date on which the notice
has been served as may be specified in the notice.
(6) Where suspension is revoked pending finalisation of the
disciplinary or court proceedings, any order passed under sub -rule
(1) before the conclusion of the proceedings, against the
Government servant, shall be reviewed on its own motion after the
conclusion of the proceedings by the authority mentioned in subrule (1) who shall make an order according to the provisons of subrule (3) or sub-rule (5) as the case may be.

19

Inserted by F.D. Notification No. 525-1386-R-II-IV-, dated 6.5.78. effective from 14.1.77.

20

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74.

21

Substituted by F.D. Notification No.FA-1-10-73-R-I-IV, dated 25.9.74.

22

Substituted by F.D. Notification No.1667-2441-76-R-I-IV, dated 17.12.76.

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(7) In a case falling under sub-rule (5) the period of


suspension shall not be treated as a period spent on duty, unless
the competent authority specifically directs that it shall be so treated
for any specified purpose:
Provided that if the Government servant so desires, such
authority may order that the period of suspension shall be
converted into leave of any kind due and admissible to the
Government servant.
Note.- The order of the competent authority under the
preceding proviso shall be absolute and no higher sanction
shall be necessary for the grant of(a) extraordinary leave in excess of three months in the case
of temporary Government servants; and
(b) leave of any kind in excess of five years in the case of
permanent or quasi-permanent Government servant.
(8) The payment of allowances under sub-rule (2), sub-rule
(3) or sub-rule (5) shall be subject to all other conditions under
which such allowances are admissible.
(9) The amount determined under the proviso to sub-rule (3)
or under sub-rule (5) shall not be less than the subsistence
allowance and other allowances admissible under rule 53.
G.I.O. 1 Fundamental Rule 54 permits revising or an
appellate authorty to convert a period spent under suspension into
one of leave.
[G.I.F.D, letter No. F-47-C.S.R. 27, dated the 14th Febreaury
1927]
G.I.O. 2. A Government servant was dismissed from service
on 8th March 1927 and on appeal, was reinstated with effect from
27th October, 1927. The appellate authority declared under
Fundamental Rule 54, that the period of un-employment between

CHAPTER VIII DISMISSAL, REMOVAL AND SUSPENSION

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FUNDAMENTAL RULES Vol I

the dates of dismissal and reinstatement should be treated as spent


on duty and allowed to count for leave and increments. As there
was no post against which the lien of the Government servant could
be shown for the period of dismissal, the question arose whether in
the absence of lien on a permanent post the period of
unemployment could count for leave or increments. It was decided
that Fundametal Rule 54 is absolute and unconditional and that it
could not be absolute if the condition of "lien" had first to be
satisfied.
[G.I.F.D., No.F-28-R-I-28, dated 5-4-1928]
L.G.O. 1. A permanent post vacated by the dismissal,
removal or compulsory retirement of a Government servant should
not be filled substantively until the expiry of the period of two years
from the date of such dismissal, removal or compulsory retirement,
as the case may be. Where on the expiry of the period of two
years, the permanent post is filled and the original incumbent of the
post is reinstated thereafter, he should be accommodated against
any post which may be substantively vacant in the grade to which
his previous substantive post belonged. If there is no such vacant
post he should be accommodated against a supernumerary post
which should be created in this grade with proper sanction and with
the stipulation that it would be terminated on the occurrence of the
first substantive vacancy in that grade.
[F.D. memo No. 1368-18-IV-R-I, dated 26-6-1961.]
L.G.O. 2. When the orders of suspension or dismissal of a
Government servant are reversed by an appellate authority, the
Government servant should be treated as though he was on duty
during the period intervening between the date of his suspension or
dismissal and reinstatement. The arrangement already made during
the period of the Government servant's unemployment should stand
and it should be reversed only from the date of his joining his duties
on reinstatement.

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FUNDAMENTAL RULES Vol I


23

L.G.O. 3. [Deleted]
Leave to a
suspended
Government
servant.
Conversion of
suspension into
leave.

F.R. 55. Leave may not be granted to a Government servant


under suspension.
G.I.O. The Government of India have decided that
Fundamental Rule 55 does not debar an appellate authority which
rescinds the order of suspension passed in case from converting
the period of suspension into one of leave. The Government of
India have however held that the case must be dealt with under
Fundamental Rule 54 which covers all cases in which an order of
suspension or dismissal is on reconsideration or appeal held to be
not wholly justifiable. Sub-clause (b) of Fundament Rule 54 does
not forbid the period spent under suspension being regarded as
leave and it is open to the revising or appellate authority to
prescribe as the proportion of pay and allowances to be paid the
leave salary which would be permissible if the Government servant
were on leave.
[G.I.F.D.,letter No. F. 47-CSR-27, dated 14-2-1927]

23

Deleted by F.D. Notification No.1501-2769-84-R-I-IV, dated 13.8.84.

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CHAPTER IX

COMPULSORY RETIREMENT

F.R. 56. [(1) Subject to the provisions of sub-rule (3) every


Government servant other than a class IV Government servant shall
retire from service on the afternoon of the last day of the month in
which he attains the age of fifty-eight years:
Provided that a Government servant whose date of birth is
the first of a month shall retire from service on the afternoon of the
last day of the preceding month on attaining the age of fifty-eight
years:
Provided further that scientific, technical and other personnel
having speical or expert knowledge in any field may, with the
sanction of competent authority, be given extension of service
beyond the age of fifty-eight subject of their physical fitness and
suitability for work; but such extension shall not ordinarily beyond
the age of sixty years.]
2

[(1-a) Subject to the provisions of sub-rule (3), every


Government teacher shall retire from service on the afternoon of the
last day of the month in which he attains the age of sixty years:
Provided that a Government teacher whose date of birth is
the first of a month shall retire from service on the afternoon of the
last day of the preceding month on attaining the age of sixty years.]
3

[Explanation.- For the purpose of this sub-rule "Teacher"


means a Government servant, by whatever designation called,
appointed for the purpose of teaching in an educational institution
run by the Government including technical or medical education
institution in accordance with the recruitment rules applicable to
such appointment and shall also include the teacher who is
appointed to an administrative post by promotion or otherwise and
who has been engaged in teaching for not less than twenty years
1

Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3 76. effective from 1.4.76.

Inserted by F.D. Notification No.1758/3471/84/R-I/IV, dated 28.9.84.effective from 5.9.84.

Substituted by F.D. Notification No.377/1756/87/R-I/IV, dated 22.7.87effective from 5.9.85.

CHAPTER IX COMPULSORY RETIREMENT

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Age of
superanuuation.

FUNDAMENTAL RULES Vol I

provided he holds a lien on a post in the concerned


School/Collegiate/Technical/Medical education service.]
4

[(2) A class IV Government servant shall retire from service


on the afternoon of the last day of the month in which he attains the
age of sixty years:
Provided that a Government servant whose date of birth is
the first of a month shall retire from service on the afternoon of the
last day of the preceding month on attaining the age of sixty years.]
5

[(3) (a) A Government servant may, in the public interest be


retired at any time after he attains the age of fifty-five years without
assigning any reason by giving him a notice in writing.
(b) The period of such notice shall be three months:
Provided that such Government servant may be retired
forthwith and on such retirement the Government servant shall be
entitled to claim a sum equivalent to the amount of his pay plus
allowances for the period of the notice at the same rates at which he
was drawing them immediately before his retirement or as the case
may be, for the period by which such notice falls short of three
month.]
F.R. 57 [Deleted]

Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3.76 effective from 1.4.76.

Substituted by F.D. Notification No.380-76--R-I-IV, dated 30.3.76 effective from 1.4.76.

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FUNDAMENTAL RULES Vol I

CHAPTER X

LEAVE

F.R. 58 to 104.- [Deleted]


[Finance department Notification No. G-22/6/94/C/IV, dated
29.3.96]
See M.P. Civil Service (leave) Rule 1977

CHAPTER X LEAVE

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FUNDAMENTAL RULES Vol I

CHAPTER XI

JOININIG TIME

F.R. 105 to 108.- [Deleted]


[Finance department Notification No. G-22/6/94/C/IV, dated
29.3.96]
See M.P. Civil Service (Joining Time) Rule 1977

CHAPTER XI JOININIG TIME

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FUNDAMENTAL RULES Vol I

CHAPTER XII

FOREIGN SERVICE

F.R. 109. The rules in this chapter apply to those


Government servants only who are transferred to foreign service
after these rules come into force. Government servants transferred
previously will remain subject to the rules in force at the time of
transfer.

Foreign service
rules, extent of
application.

G.I.O. 1 This rule which contains regulation relating to


foreign service applies to those Government servants only who are
transferred to foreign service after the 1st January, 1922 those
transferred previously remaining subject to the rules in force at the
time of transfer. Government servants of the latter class are,
however, entitled to take the benefit of the new leave rules, and will
be adjudged to have elected to do so if they do not exercise the
option given by Fundamental Rule 58. To cover cases in which
such Government servants come under the new leave rules, the
Government of India rule.-

Scope of rule.

(i) that their pay in foreign service shall be treated as pay for
the purpose of calculating leave-salary; and
(ii) that the existing obligation of foreign employers to pay a
portion of leave allowance during privilege leave shall be held
to continue during the first four months of any period of
leave on average pay.
[G.I.F.D.,Resolution No. 35-E.B., dated the 18th January
1922.]
G.I.O. 2. The orders in Resolution No. 35-E.B., dated the
18th January, 1922 above, were not intended to place officers who
were transferred to foreign service before the 1st January, 1922,
and who have elected to come under the new leave rules in a better
position in the matter of leave-salary than those transferred to
foreign service subsequently. What was intended is that the
principle of the rule in Fundamental Rule 116 should be applied to
both classes of officers. The expression "their pay in foreign
service" in clause (1) in the resolution should therefore be taken as

CHAPTER XII FOREIGN SERVICE

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Scope of the term


"their pay in
foreign service."

FUNDAMENTAL RULES Vol I

meaning " the pay drawn in foreign service less such part of it as
may be paid as contribution.".
In the case of officers who are exempted from the payment
of contribution leave-salary should be based on the actual pay in
foreign service without regard to the contribution which would have
been paid but for the exemption.
[G.I.F.D, endorsement No. 1185-E.B., dated the 29th September
1922]
An extension of
G.I.O. 3. This rule (109) applies only to the original period
foreign service to
be treated fresh beginning before and terminating after the 1st January, 1922, for
transfer.
which the services of Government servants were transferred to

foreign service. Any further extension should be treated as a fresh


transfer and governed by the Fundamental Rules. The same
principle will apply as to the date from which the new rates of
contribution will apply, as prescribed in Government of India's
letter No. 64-E.B., dated the 27th January 1922. The terms of
extension commencing after the 1st January 1922, already
sanctioned will not be affected by this order unless the foreign
employer was specifically warned of the liability to revision.
[G.I.F.D.,letter No. 1391-CSR., dated the 17th August, 1923]
Authorities
F.R. 110. (a) No Government servant may
competent to
foreign service against his will:
transfer a
Government
1
servant to foreign
[Provided that this sub-rule shall not apply
service.

be transferred to

to the transfer of
a Government servant to the service of a body, incorporated or
not, which is wholly or substantially owned or controlled by the
Government.]
(b) A transter to foreign service outside India may be
sanctioned by the Governor-General in Council.

Inserted by F.D. Notification No.1503-R-149-IV---1, dated 18.6.60.

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FUNDAMENTAL RULES Vol I

Note- The Government of Madras is authorized to transfer to


service in Ceylon any Government servant other than a member of
an All India Service.
(c) Subject to any restriction which the Governor-General in
Council may be general order impose in the case of transfer to the
service of an Indian State, a transfer to foreign service in India may
be sanctioned by the Local Government under which the
Government servant transferred is serving.
G.I.O. 1.- The Government of India have ruled that the
restrictions imposed by or under clauses (b) and (c) of F.R. 110
and sub-rule (2) of rule 45 of the Civil Services (Classification,
Control and Appeal) Rules on the powers of the Provincial
Government in relation to Government servants under its rulemaking control are inconsistent with the new constitution and
cannot now be regarded as valid. The Provincial Government is
accordingly competent to transfer person under its rule-making
control to foreign service outside India without the previous
sanction of the Governor-General in Council, and is not bound by
the restrictions imposed by him on transfer to the service, of an
Indian State. The Government of India and the Crown
Representative, however, desire to be consulted beforehand in
regard to any request for the loan of the services of Provincial
Officers from a foreign country outside the British Empire and of
Officers belonging to the Provincial and All-India Services from an
Indian State, respectively, in order that they may have an
opportunity of considering the proposal from the point of view of
their respective responsibilities. The Provincial Government should
give full weight to any views which the Government of India or the
Crown Representative may express on such consultation.
2. The Governor of a Province, exercising his individual
judgement, is under the rule made by the Secretary of State on 14th
April, 1942, competent to sanction transfers of Secretary of State's
officers serving under the Provincial Government to foreign service
outside India and to impose by general order restrictions in the case
of transfers of such officers to the service of an Indian State. The

CHAPTER XII FOREIGN SERVICE

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FUNDAMENTAL RULES Vol I

Government of India should however be consulted beforehand in


regard to the transferof such officers to foreign service in countries
outside the British Empire.
G.I.O. 2. :- The Government of India should be counsulted
before any officer of the Indian Medical Service is transferred to
foreign service.
[Government of India, Department of Education, Health and Lands
letter No. F-5-12-35-H, dated the 18th April, 1936]
A.G.I. 1. For the purpose of the Foreign Service Rules,
Nepal should be treated as outside India. This decision takes effect
from the 23rd February, 1927.
A.G.I. 2. The Government which would be entitled to
recover pension contribution on behalf of a Government servant
lent to foreign service should be regarded as the Local Governmetn
competent to sanction his transfer to foreign service for the
purpose of Fundamental Rule 110 (c).
From one local
body to another.

L.G.R. 1. A transfer of a Government servant on foreign


service from one local body to another is a fresh transfer on foreign
service. Each such transfer should accordingly be regulated by
Fundamental Rule 110.
L.G.R. 2. Government medical officers employed by local
bodies in dispensaries under their management on the terms laid
down in paragraphs 6 and 7 of Central Provinces Government
Medical Administration and Public Health Department, letter No. C315-VIII, dated the 8th May, 1923 are treated as on foreign service
under F.R. 110.
2

L.G.R. 3. [Deleted].
Transfer to
F.R.
foreign service,
when admissible. unless -

111. A transfer to foreign service is not admissible

Deleted by F.D. Notification No.175-R-1 IV, dated 10.3.60.

CHAPTER XII FOREIGN SERVICE

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FUNDAMENTAL RULES Vol I

(a) the duties to be performed after the transfer are such


as should, for public reasons, be rendered by a
Government servant; and
(b) the Government servant transferred holds, at the time
of transfer, a post paid from general revenues, or holds a
lien on a permanent post, or would hold a lien on such a
post had his lien not been suspended.
G.I.O. 1. The Government of India have decided that if in
any case a proposal is made that a Government servant should be
lent to a private undertaking it is necessary that the principles of
F.R. 111(a) should be applied most rigorously and that in general,
the loan of a Government officer to a private undertaking should be
regarded as a very exceptional case requiring special justification.

Government
servants lent to a
private
undertaking.

[G.I.H.D., letter No. F-358-29 Est., dated the 8th January 1930,
copy received with General Administration Department
endorsement No. 173-84-IV, dated the 25th January 1930].
G.I.O. 2. The transfer of a temporary Government servant
to foreign service is permissible under the above rule.

Temporary
Government
servants.

[G.I.F.D., letter No. F-66-C.S.R., dated the 22nd July 1934]


Rule made by the local Government under rule 4(1) of the
Civil Services (Governor's Provinces) Delegation Rules.
The transfer of an officiating Government servant without a
permanent post to foreign service is permissible under the above
rule.

Officiating
Government
servants.

(The rule has effect from the 9th March, 1926.)


F.R. 112. If a Government servant is transferred to foreign
service while on leave, he ceases, from the date of such transfer, to
be on leave and to draw leave salary.

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Transfer to
foreign service
while on leave.

FUNDAMENTAL RULES Vol I

S.S.O. (i) The Secretary of State has held that the treatment
Applicability of
foreign service of service in an Indian State in the case of an officer on leave
rules to officers preparatory to retirement on
proportionate pension as foreign
accepting
service (while the time so spent is simultaneously regarded as leave)
employment
under an Indian would not be in accord with the spirit and intentions of the foreign
State while on
leave preparatory service procedure. He has accordingly decided leave preparatory to
to retirement.

retirement on proportionate pension an India, should be treated as


being private employment, unless in any special case the
circumstances are such that the Government of India think it right
to treat the officer as one for whom an alterative carrier has been
found by them. In the later case, the officer would not be on leave,
the service should be treated as foreign service, counting for
pension contribution should be taken from the State concerned,
and the proportionate pension should remain in suspense.

Officers retiring
on ordinary
pensions.

(ii) In the case of officers about to retire on ordinary


pensions, the Secretary of State has decided as follows :(a) in the usual case (e.g. that of an officer, who has
reached on is approaching the age of superannuation) the
officer, notwithstanding his employment, with the
permission of the Government of India, in an Indian State,
should be allowed to take any leave which would be
admissible to him had he not accepted such employment,
and pension contribution should not be required ;
(b) in exceptional cases which in the opinion of the
Government of India, justify such a course, acceptance of
the employment might be made conditional on the officer
remining in their service and being placed on the usual
foreign service terms.
[G.I.F.D., letter No. 979-EB, dated 16-8-1922]
(iii) The concession of drawing leave salary during leave
preparatory to retirement in addition to pay from an Indian State
should not, however, be granted to officers of the Indian Services
(1) who retire on proportionate pension, or (2) who retire before
reaching the age of superannuation, if they take such leave after
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FUNDAMENTAL RULES Vol I

being offered, or having made arrangements for, employment in a


State; in such cases, they should be required either to retire or go
on foreign service terms.
[G.I.H.D, letter No. F-61-9-33-Public, dated 9-1-1934].
L.G.R. :- The orders contained in clasue (iii) (2) above
apply also to officers of the Madhya Pradesh Provincial and
Subordinate Services.
G.I.O. 1.- The concession of drawing leave salary during
leave preparatory to retirement in addition to pay from an Indian
State referred to in clause (iii) of the above S.S.O. is inadmissible
where the following ingredients, occur (i) premature retirement, and
(ii) the previous offer, or arrangement, of employment in an Indian
State. The concession is however, permissible when the leave is the
last leave taken (a) before or after reaching the age of
superannuation, except when the officer is already in foreign service
when he applies for such leave, and (b) befoe the date on which an
officer is compelled to retire from a tenure post under Fundamental
Rule 56 (c)(iv)(3).
(It will, however, always be open to the authority concerned,
in the exceptional cases contemplated by clause (ii) (b) of the
S.S.O., to require that the officer should remain in the service of
Government and be placed on the usual Foreign Sservice terms.)
[G.I.H.D., letter No. F-61-9-33-Public, dated the 4th October,
1935]
[G.I.F.D, No. F-61-2-36-Public, dated the 4th June 1936]
G.I.O. 2. The Government of India have decided to accept
the suggestions made by the Secretary of State in above S.S.O.
[GIFD., letter No. 602/CSR., dated 26-4-23]
G.I.O. 3. The decision communicated in Government of
India, Finance Department, letter No. 602-C.S.R. of the 26th April,

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FUNDAMENTAL RULES Vol I

1923 above, should be taken as applying to all foreign service and


not only to service in an Indian State.
[G.I.F.D. letter No. 957-CSR., dated 13-6-1928]
G.I.O. 4. The orders contained in the abvove S.S.O. do not
apply to officers who are already in foreign service and propose to
continue on duty in the service of the same employer, while on
leave preparatory to retirement.
[G.I.F.D., letter no. F-1(45)-R-I-31, dated the 21st December,
1931.]
Lien of
Government
servant
transferred to
foreign service.

F.R. 113. (i) A Government servant transferred to foreign


service shall remain in the cadre or cadres in which he was included
in a substantive or officiating capacity immediately before his
3
transfer and may be given [subject to the condition prescribed
under the second proviso to Fundamental Rule 30 (1)] such
substantive or officiating promotion in those cadres as the authority
4
competent to order promotion may decide. [In giving promotion
such authority shall also take into account the nature of the work
performed in foreign service].
(a) the nature of the work performed in foreign service, and
(b) the promotion given to jouniors in the cadre in which the
question of promotion arises.

* [ (ii) Nothing in this rule shall prevent a member of a


subordinate service from receiving such other promotion in
Government service as the authority who would have been
competent to grant the promotion had he remained in Government
service may decide.

3
4

Inserted by F.D. Notification No.1787-R-213-IV-R-1, dated 4.9.62.


Substi tuted by F.D. Notification No. 1787-R-213-IV-R-1, dated 4.9.62.
* This rule is made by the local Government and his effect from the 9 th June 1986.

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FUNDAMENTAL RULES Vol I

F.R. 114. A Government servant in foreign service will draw


pay from the foreign employer from the date on which he
relinquishes charge of his post in Governments service. Subject to
any restrictions which the Governor-General in Council may, by
general order, impose the amount of his pay, the amount of joining
time admissible to him and his pay during such joining time will be
fixed by the authority sanctioning the transfer in consultation with
the foreign employer.

Date from which


pay and
allowances are
payable by
foreign employer.

F.R. 115 [Deleted]


6

F.R. 116 [Deleted]


F.R. 117. (a) The rates of pension contribution prescribed
under rule 116 will be designed to secure to the Government
servant the pension that he would have earned by service under
Government if he has not been transferred to foreign service.
(b)
The rates of contribution for leave-salary will be
designed to secure to the Government servant leave-salary on the
scale and under the conditions applicable tohim. In calculating the
rate of leave-salary admissible, the pay drawn in foreign service, in
the case of Government servants paying their own contributions,
such part of pay as may be paid as contribution will count as pay
for the purpose of Fundamental Rule 9(2).
Note :- The pay drawn in foreign service, less in the case of
Government servant paying their own contribution, such part
of pay as may be paid aas contribution, shall count as pay
for the purpose of the calculation of average pay under rule
17 of the Revised Leave Rules, 1934, contained in Appendix
I, Part II-B.
L.G.R. 1. In calculating the rate of leave-salary during leave
taken while on foreign service by a Government servant subject to
the leave rules in the Civil Service Regulations the pay drawn by
5
6

Deleted by F.D. Notification No. IV, dated


Deleted by F.D. Notification No. 1 IV, dated.

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Liability of
Government to
pay pension and
leave.

FUNDAMENTAL RULES Vol I

him in foreign service, less such part of pay as may be paid by him
as contributions, will count as "salary" for the purpose of the
relevant leave rules in the Civil Service Regulations.
L.G.R.
2.
The rates prescribed for leave-salary
contributions have been calculated on the basis of the leave on full
and half average pay normally taken by a Government servant
during the total period of his service and do not take into account
any compensatory allowance, which may form part of leave-salary
ad defined in Fundamental Rule 9(12). The whole expenditure in
respect of any compensatory allowance for period of leave in or at
the end of foreign servie should, therefore, be borne by the foreign
employer. In order to avoid any misunderstanding a condition to
this effect should be inserted in the terms of transfer to foreign
service.
[F.D. Endt. No. 226-5315-R-VI, dated 19-1-1944.]
F.R. 118. :- (Cancelled)
Remission of
F.R. 119. Subject to any general orders of the Governorleave and
General in Council, a Local Government sanctioning a transfer to
pension
contributions andforeign service may rate of interest on
overdue
contributions.
(a) remit the contribution due in any specified case or

class of cases; and


(b) make rules prescribing the rate of interest, if any, to be
levied on overdue contributions.
L.G.R. In the case of Government Medical Officers
transferred to foreign service for employment in dispensaries under
the management of local bodies on the terms laid down in
paragraph 6 and 7 of Central Provinces Government, Medical
Administration and Public Health Department, letter No.-315-VIII,
dated the 8th May, 1923, no recovery of contributions towards
leave-salary or pension will be made.
S.R. 1. "The recovery of pension and leave-salary
contribution from foreign employer in respect of Government

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FUNDAMENTAL RULES Vol I

servant on deputation should be recovered once in a year or at the


end of the financial year or at the end of the foreign service if the
deputation comes to an end before the end of the financial year."
S.R. 2. If any amount due, including interest, is not paid
within twelve months of its accrual, the Government servant
concerned shall forfeit his claim to pension and leave-salary. In
order to revive such claim, the Government servant must first pay
the amount due and then represent his case to the Government.
S.R.
3. Interest on overdue contributions will not be
remitted, save in exceptional circumstances with the sanction of
Government.
F.R. 120. A Government servant in foreign service may not
elect to withhold contributions and to forfeit the right to count as
duty in Government service the time spent in foreign employ. The
contribution paid on his behalf maintains his claim to pension, or to
pension and leave-salary, as the case may be, in accordance with
the rules of service of which he is member . Neither he nor the
foreign employer has any right of propriety in a contribution paid,
and no claim for refund can be entertained.

Refund of leave
and pension
contributions.

F.R. 121. A Government servant transferred to foreign


service may not, without the sanction of a local Government,
accept a pension or gratuity from his foreign employer in respect of
such service.

Pension or
gratuity from
foreign employer,
not to be
accepted.

F.R. 122. A Government servant in foreign service in India


may not be granted leave otherwise than in accordance with the
rules applicable to the service of which he is a member, and may
not take leave or receive leave-salary from Government unless he
actually quits duty and goes on leave.

Leave to a
Government
servant on
foreign service in
India.

F.R. 123. (a) A Government servant in foreign service out of


India may be granted leave by his employer on such condition as
the employer may determine. In any individual case the authority
sanctioning the transfer may determine beforehand in consultation
with the employer the conditions on which leave will be granted by

Leave to a
Government
servant on
foreign service
out of India.

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FUNDAMENTAL RULES Vol I

the employer. The leave-salary in respect of leave granted by the


employer will be paid by the employer and the leave will not be
debited against the Government servant's leave account.
(b) In special circumstances, the authority sanctioning a
transfer to foreign service out of India may make an arrangement
with the foreign employer under which leave may be granted to the
Government servant in accordance with the rules applicable to him
as a Government servant if the foreign employer pays to General
Revenue leave contribution at the rate prescribed under
Fundamental Rule 116.
Pay of
F.R. 124. A Government servant in foreign service, if
Government
servant in foreignappointed to officiate in a post in Government service, will draw
service when
pay calculated on the pay of the post in Government service, on
appointed to
officiate in a post which he holds a lien or would hold a lien has his lien not been
in Government
suspended and that of the post in which he officiates. His pay in
service.

foreign service will not be taken into account in fixing his pay.
Date of reversion
F.R. 125. A Government
from foreign
service to Government service on
service.

servant reverts from foreign


the date on which he takes
charge of his post in Government service; provided that, if he takes
leave on the conclusion of foreign service before rejoining his post,
his reversion shall take effect from such date as the local
Government on whose establishment he is borne may decide.

Pay and
allowances on
reversion from
foreign service

F.R. 126 F.R. 126. When a Government servant reverts


from foreign service to Government service, his pay will cease to
be paid by the foreign employer, and his contributions will be
discontinue, with effect from the date of reversion.

Regular
F.R. 127. When an addition is made to a regular
establishment,
the cost of which establishment on the condition that its cost, or a definite portion of
is payable to
its cost, shall be recovered from the persons for whose benefit the
Government.

additional establishment is created, recoveries shall be made under


the following rules:-

(a) The amount to be recovered shall be the gross


sanctioned cost of the service, or of the portion of the

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FUNDAMENTAL RULES Vol I

service, as the case may be, and shall not vary with the
actual expenditure of any month.
(b) The cost of the service shall include contributions at
such rates as may be laid down under Fundamental Rule
116, and the contributions shall be calculated on the
sanctioned rates of pay of the members of the
establishment.
(c) A local Government may reduce the amount of
recoveries or may entirely forego them.
G.I.O. 1 The Government of India have prescribed the following
procedure which should be adopted in applying the revised rates of contributions
for pension and leave-salary promlgated in Government of India, Finance
Department, Resolution No. 81-R--I-24, dated the 11th February 1929, to cases
falling under Fundamental Rule 127.

(1) Pension Contribution


In the case of members of the I.C.S, the amount to be recovered as
contribution should be the average of the rates prescribed columns 2 and 3 of the
first table in the annexure to Government of India, Finance Department, Resolution
No. F.81-R-I-24, dated the 11th February 1929, and in the case of members of
other Superior Services, the average of the rates laid down in columns 4 and 5 of
that table. In the case of members of Provincial/Subordinate Services, a fraction of
the total maximum monthly pay of the sanctioned posts equal to the average of the
percentages laid down in column 2/3 of the second table in the said annexure should
be levied as contribution.
(2) Contribution for leave -salary
In the case of members of the Superior Services, the rate to be applied in
calculating the amount to be levied as contribution should be the average of the rates
prescribed for officers subject to the special and ordinary leave rules. In the case of
members of Provincial and Subordinate Services, recoveries on account of
contributions of leave- salary should be made by levying the percentages prescribed
in the annexure referred to above on the total sanctioned cost, or i the case of timescales of pay on the average cost of all the posts concerned.
[G.I.F.D. letters No. F.-I-XI-R-I-29, dated the 17 June 1929 and No. F.I-XI-R-I-29, dated the 4th September 1929.]

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Procedure for
applying revises
rates of
contributions.

FUNDAMENTAL RULES Vol I

Procedure for
applying revised
rates of
contribution
under C. S.R.

G.I.O. 2. Contribution for pension and leave -salary in the case of additions
made to regular establishments under article 783, Civil Service Regulations, or
under Fundamental Rule 127, should be made as under:(a)The additions made before the 1st August 1913 are subject to the rates
prescribed in the original fifth edition of the Civil Service Regulations, even though
the incumbents may change or any further additions be made to the additional
establishment, vide note 3 to Article 783, Civil Service Regulations.
(b)The rates of contributions applicable to the additions made on or after the 1st
August 1913 and before the 27th January 1922, are those prescribed in Articles
769 and 770 of the reprint of the fifth edition of the Civil Service Regulation,
irrespective of any change of incumbents or further additions to the additional
establishment.
(c)The additions made on or after the 27th January 1922 are subject, up to the 28th
February 1929, to the rates laid down in Government of India, Finance
Department, letters No.64-E.B., dated the 27th January 1922 (G.I.O. 1 below
F.R. 116), and No.F.-81-C.S.R.24, dated the 4th August 1924 (G.I.O.3 below
F.R.116), and thereafter to the rates announced in Government of India, Finance
Department. Resolution No. 81-R-I-24 dated the 11th February 1929 (G.I.O.
below F.R. 116), or any revised rates which may be prescribed from time to time.
(d)In all cases, renewal of sanctions to additions to regular establishments should be
treated as new sanctions.
G.I.O.3.In the case of officers of All -India Services who are eligible for
passage concessions under Schedule IV to the Superior Civil Services Rules and
who form additions to regular establishments under Fundamental Rule 127, an
additional contribution at Rs. 50 per mensem to cover the cost of free passage
should be levied from the parties concerned. This contribution is payable during the
whole period of service in the additional post except that it should not be charged
during leave where(a)the leave taken is preparatory to retirement, or
(b)the Government servant concerned will, on return from leave, be given different
duties and not return to the additional post; or

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FUNDAMENTAL RULES Vol I

(c)the substitute in the additional post, for the Government servant on leave, is
entitled to passage concessions and a contribution for passages is recovered on his
behalf.
[G.I., F.D., letter No. F.1 (16)-R-I34, dated the 9th May 1934.]
L.G.R. In the case of officers eligible for passage concessions under the
Central Provinces Passage Rules who from additions to regular establishments
under Fundamental Rule 127, and additional contribution at Rs. 30 per mensem
should be recovered from the parties concerned to cover the cost of free passages
subject to the exception mentioned in G.I.O..3 above
A.G.I. Principles for the calculation of contributions for leave-salary and
pension.- the words its cost in line 2 of F.R. 127 refer to an an addition in line 1
of that rule. The underlaying intention of the rule is to recover the cost of the
additional establishment sanctioned. Contributions for leave-salary and pension
livable under clause (b) of this rule should, therefore, be based on the rates of pay,
old and/or revised, as the case may be, on which that establishment is actually
sanctioned irrespective of whether the person employed on the work for which it is
sanctioned is an old or a new entrant.
The criterion for the calculation of contributions for leave-salary and pension
in respect of the additional establishment which is in practice interchangeable with
the main establishment and which carries alternative scales of pay (old or revised),
should be the anticipation at the time of an annual review to be carried out by the
Accountant-General. If at the time of review it is anticipated that the post or posts
will ordinarily be held by old entrants during the year, calculations will be based on
the old rates of pay Evan though, in fact, the post or posts may be held by new
entrants for certain periods of the year. The reverse will be the case if the anticiption
is for new entrants.
[Slip No. 70, 1-842 to the Manual of Audit Instructions (Reprint) and
Accountant-General, C. P.s un-official memo. No.T.19-495, d. 10-6-43.]

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FUNDAMENTAL RULES Vol I

F.R. 128 to 130.- [Deleted]


[Finance department Notification No. G-22/6/94/C/IV, dated
29.3.96]
(Service under Local Fund)

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