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FUNDAMENTAL RULES

RULE DETAILS
NUMBER
1 Fundamental Rules came into force on 01.01.1922

2 Applicable to all Govt Servants


 All civilians whose is paid from civil estimates
 Civilians deputed in army
 Defence accounts personnel
 All powers re-delegated by administrative ministries except
o Creation of posts
o Write off of losses
o Re-appropriation exceeding 10% of the original budget
provision
9 Definitions
4. Cadre-strength of a service
5. Compensatory allowance-meet personal expenditure necessitated
by the special circumstances in which duty is performed.includes
TA but not a sumptuary allowance.

Duty-a. Attending departmental obligatory examinations, hindi


examinations
b. open competitive examinations on special casual leave.
c. period of training before appointment to be treated as duty

6A. Fee-Recurring or non-recurring payment to GS from a source


other than the consolidated fund of India.
9.Honorarium-Recurring or non-recurring payment to GS from
consolidated fund of India.
NPA does not form part of basic pay(Pay in pay band + GP).NPA is
included for calculation of DA, TA, other allces and also for
calculation in retirement benefits.
25% of basic pay is NPA which does not exceed Rs85000/-
HAG+ and above Pay means only pay in the pay band and does not
include Grade Pay.
10 Production of Medical Certificate to Govt.Service
 Appointment before medical examination and retention in
service of those declared “temporarily unfit”- if the period of
retention is exceeding 6 months, the approval of ministry of
finance shall be obtained.
 Delegation of powers and conditions for appointment in
anticipation of medical certificate- if unfit, a notice to be
given for one month. If any appeal is made for the notice , he
should be sent for second medical and after terminated.
 Pay and allowances of gazetted GS to whom medical is
pending can be drawn and if unfit, he should be reverted.
7. Entry in Service Book-production of MC to be entered under the
signature of Head of the office.

Retention of lien in parent department is for a max period of two


years. In case of deputation to foreign countries, lien may be
extended to 5 years.
11 The whole time of a Govt servant is at the disposal of the Govt
which pays him
13 Retention of Lien
15 The president may transfer a Govt servant from one post to another
except a. On account of inefficiency or misbehaviour or b. On his
written request.
16 Subscription to a Provident Fund, a family pension fund or other
similar fund
17 Drawal of pay and allowances
17A Unauthorised absence
Strike-a. mass absentism from work without permission,b. refusal to
work overtime where such overtime work is necessary in the public
interest c.resort to practices or conduct results in substantial
retardation of work in any organisation (go slow, sit down, pen-
down, stay in, token, sympathetic or any similar strike) or absence
from work for participation in a Bandh or any similar movements.

Condonation of break in service on representation by the HOC.

4. Permission to appear in Deptl examination not allowed only


when FR-17A disabilities are imposed- provisional permission
can be granted in case of pending disposal of disabilities under FR-
17A. Further if disabilities given and appeal made against the order.
No permission to appear in departmental examinations can be given,
unless and until the disabilities are removed by the order on the
appeal and they are otherwise found eligible.

18 No Govt servant shall be granted leave of any kind for a continuous


period exceeding five years
1. Treatment of wilful absence from duty not regularised
22(I) Fixation of initial pay of a Govt Servant
 No option in case of adhoc or ex-cadre or direct recruitment
basis.
 If adhoc followed by regular appointment, an option within a
month can be exercised.
7. Fixation of pay in case of employees who seek transfer to a lower
post under 15(a)
10. Protection of last pay not actually drawn on reversion and
repromotion.
11. No refixation in cases of short spells of EOL in officiating post.
12. availability of option for choosing date for fixation of pay on
promotion should be indicated in the promotion order
20. Stepping up of pay of senior for a second time in order to
remove an anomally in pay vis-a-vis same junior admissible-
allowed to the senior official second time with reference to the
stepping up of pay of the same junior.
23. stepping up of pay
 Both the junior and senior belong to the same cadre and posts
 The scales of pay of the lower and higher posts in which the
junior and senior officer are entitled to draw pay should be
identical.
Not to be stepped up
 When the junior gets advance increments
 When the senior proceeds on EOL
 When the senior refuses/forgoes promotion
 When the senior joins the higher post after the junior
 When a senior is appointed later than the junior in the
lower post
24. Protection of pay is admissible for candidates recruited from
central autonomous Bodies/PSU and state govt undertakings-
(through interview selection).
28.Next Below Rule
29.One for one Principle under NBR.
33.Proforma promotion admissible against clear regular vacancy
even when no eligible junior available for promotion-waiver of ‘one
for one” and promotion of atleast one junior.
34.NBR is not applicable to GS posted on the regularly constituted
ex cadre posts abroad.
 Regulation of pay in cases of two promotions in quick
succession
 Officiating pay not protected.
23 Option exercised is final
24 Drawal of increment
1. Withholding of increment
 Advance increments will not have any effect on the
punishment of withholding of increment or reduction.

26 Conditions on which service counts for increments in a time scale
 Periods to be included for increment a. EOL on MC, b.
EOL granted due to inability of a GS to join or re-join
duty on account of civil commotion, c. EOL granted to a
GS for prosecuting higher technical and scientific studies.
 Increments to probationers- on passing the departmental
examination- does not amount to penalty.
 Increment if due during JT is eligible only on joining duty.
 A fraction of rupee is rounded off to Rs10/- and a fraction
of paise is left out.

1.Training period before appointment counts for increment.


27 Advance or premature increments

 advance increments can be sanctioned by the authority which


created the post with the concurrence of the higher
administrative authorities.
 Can not be revoked
o As reward for meritorious work
o In disregard of the advice given by the Min of Finance
in any individual case of fixation of pay
o In disregard of the normal rules governing fixation of
pay except in cases of hardship or where the
circumstances are unusual.
o Advance increments to stenographers on 1st of the
month in which the results of the proficiency test
announced.
11.Special increment for undergoing sterilisation operation
 Only personal pay not be absorbed in future increases in pay
 The employee should have one or two or three children.
 1st of the month following the month of sterilisation.
 If both husband and wife are GS, one of them can draw the
special increment.
 In case of recanalisation, the special increment will be
withdrawn.
16.Incentive for acquiring higher qualifications
28 Drawal of pay on transfer of a Govt Servant as a penalty-may allow
him to draw any pay not exceeding the maximum of the lower grade
or post which it may think proper but not more than the max pay of
lower grade
Implementation of second penalty imposed during the currency of
first penalty
29 Reduction to lower stage or service or grade or post
 The period of reduction
 On restoration whether to postpone the future increments.
29A Action in case of setting aside of penalty of withholding of
increment or reduction of stage etc
31A Refixation of pay fixed erroneously on promotion
35 Fixation of pay of an offg Govt servant
36 Acting promotion
37 Personal Pay
39 Pay of temporary posts
44 Compensatory allowance
45 Allotment of Residence
 Recovery of standard license fee does not exceed 10 % of
monthly emoluments.
3. A GS who is in possession of lower type of accommodation and
do not accept the offer of allotment of higher type of
accommodation charged with one month’s licence fee only in
respect of the higher type of accn so allotted, in addition to the
normal rate of licence fee in respect of the lower type of residence.
4. 75% of the normal rate of licence fee for
sub-standard/unclassified accommodation
5. Three times the flat rate of licence fee or full standard licence fee
under FR-45A whichever is higher, from those GS who are allotted
Govt Accn of a type higher than their entitlement on their own
request. But where adequate availability of quarters of particular
type a GS is allotted accommodation of a type which is higher than
his entitlement, only flat rate of licence fee relevant to that type of
accn is to be charged from such allottee.
6.Recovery of Licence Fee for higher accn
13. Licence Fee recoverable from officers owning houses at /near
stations of their posting
 If income from house does not exceed Rs12000/- per month,
normal licence fee to be charged.
 If exceeds Rs12000/- and not exceeding Rs20000/-, twice the
licence fee is to be charged
 If exceeds Rs20000/- per month, thrice the normal licence fee
shall be charged.
 Documents taken for this is lease deed, house tax receipt in
original.
17. Compensation in lieu of rent-free accommodation
 The lowest amount charged as licence fee for the entitled type
of accommodation
 HRA admissible.
Rules for retention of P&T Quarters after resignation, transfer,
retirement, etc

Sl Events Permissible period for retention


no of the residence
Resignation, dismissal, 1 month
removal or termination of
1
service or unauthorised
absence without permission
Retirement 2 months Normal LF and
2 another 2 months twice the
normal LF
Death 12 months ( two year if the
3 family does not own a house at
the place of posting)
Transfer to an ineligible 2 months
4
office at the station
Transfer to a place outside 2 months
5
the station
6 Foreign service 2 months
7 Temporary transfer 4 months
Leave For the period of leave not
8
exceeding 4 months
9 LPR Max 180 days
Study leave a. Below his entitlement-
full period of study leave
b. Entitled accn- not
10
exceeding six months
thereafter allotted one
type below his entitled.
Deputation outside India For the full period not
11
exceeding 6 months.
12 Leave on Medical For the full period of leave
13 On proceeding on training For the full period of training.

Overstays in residence after cancellation of allotment-damage rent


will be charged. But in special cases, another 6 months can be
allotted with twice the SLF.
All cases beyond the period of retention to be forwarded to the
directorate through HOC.
46 Fee and Honorarium
9. Hon for translation from regional language to English/hindi
workshop
10. Hon for delivering lectures in hindi
11. Hon for quest faculty
12. Hon for various items of work relating to annual closing of PF
accounts
13.Hon to IO and PO.
48 Retention of award and reward without permission of govt.
48A No patent right for invention by the Govt. Servant without the
permission of Govt
49 Combination of Appointment
a. GS to hold full charge of the duties of a higher posts in the
same office as his own and in the same cadre in addition his
ordinary duties, eligible for offg pay in the higher post but
not eligible for the pay of the lower post.
b. GS to hold full charge of two posts in the same cadre/posts
carrying identical scales of pay, no additional pay shall be
admissible irrespective of the period of dual charge but can
draw the special pay if attached.
c. GS to hold a post not in the same office or not in the same
cadre, he shall be allowed the pay of the higher post in
addition to 10% of the presumptive pay of the additional post
if held for a period exceeding 45 days but not exceeding 3
months. Concurrence of DOPT to be obtained for getting the
pay beyond 3 months.
d. No additional pay to hold current charge of the routing duties
of another post.
Additional charge of ex cadre posts treated as combination of
appointments and not eligible for deputation allowance.

No additional pay for holding additional charge of


PSUs/Autonomous bodies.
50-51 Deputation out of India
5 years at a stretch and 7 years during the service.
52 No pay from the date of dismissal or removal.
53 Payments to the Suspended Govt servant
 Subsistence allowance at an amount equal to the leave salary
when the GS would have drawn, if he had been on leave on
half average pay or half pay.
 If the period exceeds 3 months, SA may be increased or
decreased(reasons attributable to GS) by a suitable amount
not exceeding 50% of the subsistence allowance already
granted.
 Rate of dearness allowance
 Any other compensatory allowance on the date of suspension.
 Payment of SA only on production of a certificate that he is
not engaged in any other employment, business, profession or
vocation.
 Extension of temporary post of a govt servant under
suspension- not to be filled up.
1. Revision of scale of pay while under suspension
2. Admissibility of interim relief
5. Recoveries from subsistence allowance
Compulsory Deductions
 IT if eligible
 HRA
 Repayment of loans and advances
 Contribution to CGHS
 Contribution to CGEGIS,1977
 Subscription to CGEIS
Optional deductions
 Refund of GPF advance
 Subscription to Co-operative stores and credit society
 Premia due on PLI policies.
Not to be deducted
 GPF subscription
 Court attachment
 Recovery of loss to Govt servant for which a GS is
responsible.
Recovery of overpayment not exceeding 1/3rd of SA may be at the
discretion of competent authority.

6.Treatment of licence fee- free concession during suspension


 If it is a post attached quarter
 If it is not a post attached quarter

54 Regulation of pay at the time re-instatement of suspended Govt


servant-
 fully exonerated then full pay and allowance and the period
treated as duty.

 Delay in proceedings is due the reasons attributable to the


Govt Servant, a notice may be given within 60 days and he
shall be paid for the period of delay only such amount of pay
and allowances as it may determine.
 Due to non-compliance with the requiremenets of clause 1 or
2 of article 311 of the constitution and no further enquiry is
proposed to be held, be paid such amount not being the whole
of the pay and allowances to which he would have been
entitled after giving a notice for 60 days.
 The period of absence including period of suspension to be
treated as duty or otherwise period spent on leave of any kind.
 In these circumstances without obtaining the sanction of the
higher authority, the competent authority may
o EOL exceeding 3 months
o Leave of any kind in excess of five years in the case of
permanent or quasi permanent.
 The amount determined shall not be less than the subsistence
allowance.

54A Reinstated on the directions of Court


a. Due to non-compliance of article 311-such amount decided
by the authority and leave of any kind
b. On the merits of the case-full pay and allces and duty.
54B Reinstated but for his retirement-pay and allowances to be paid and
period of suspension shall be treated as a period spent on duty-
order to be made by the competent authority.

 If dies during suspension, the period is treated as duty.


 If the suspension is wholly unjustified, full pay and
allowances.
 On its own motion, if suspension is revoked before
completion of Disc Porceedings, the competent authority may
decide.
Full pay and allowances and the period treated as duty
a) Fully exonerated
b) Courts directs on the merits of the case
c) In case of death of suspended Govt servant
The competent authority may decide on pay and allces and period of
duty to be treated as leave of any kind
a) Delay is due to reasons attributable to the GS
b) Non in compliance with the article 311
c) Not exonerated on merits of the case.
d) Reviewed on its own motion
e) Reviewed by appellate or reviewing authority.
2. When suspension regularised as leave, consequential recovery is
inescapable.
3. treatment of period of absence and payment thereof
4. Regularising of suspension during criminal proceedings, arrest or
detention
5. Erroneous detention or detention without bias.
6. Period of suspension to be treated as duty if minor penalty only is
imposed.

55 Leave may not be granted to Govt servant under suspension


56 Retirement of Govt servant
 60 years
 Teaching staff in CHS is 65 years
 Non teaching staff and public health sub cadres-62 years
 GS dealing in budget work extension for max 3 months.
 A specialist in medical is 62 years
 Eminent scientist is 64 years.
 Govt has absolute right to retire any govt servant by giving
him notice of not less than three months in writing or three
months pay and allowances in lieu of such notice
o Group A or B if joined before attaining age of 35 years
and after attaining 50 years
o Any other case after attaining 55 years.
 If on review either on representation or otherwise, the period
between the premature retirement and reinstatement may be
treated as leave or by treating it as dies non.
 GS may also issue a written notice for VRS. Withdrawal only
with the specific approval of the appointing authority and
with the retirement.
 Date of service and date of its expiry shall be excluded from
the 3 months.
Note 6.Procedure for change of date of birth
 A request to be made within 5 years
 It is clearly established that a genuine bona fide mistake has
occurred.
 The DOB altered would not make him ineligible to appear in
any school or university or UPSC or for entry into Govt
service.
2. No specific orders are necessary for retirement on due date.
3. Relinquishment of charge on a holiday.
4. withholding of permission to retire when placed under suspension
after receipt of notice.
58 to 104 Leave rules
105 to 107 Joining Time Rules
108 Wilful absence from duty after expiry of joining time
109-127 Foreign Service
 Within or outside India
 Temporary govt servant can also be transferred to foreign
service
 Pro forma promotion
 Pay from the foreign employer
 Contribution to the pension to be paid to general revenues.
 All pensions/contributory and General Provident Fund
contributions and repayment of outstanding loans and
advances on foreign service out of India should be in foreign
currency in which salary is paid. But in india, through non
resident bank accounts, payment in rupees on this account .
 A GS on deputation to UN Organisation can contribute to
pension if service more than 5 years.
 Contribution from UN to be paid if retires from there and
other pensionary benefits will also be paid to him. But the
service rendered as foreign service will not count for pension.
 If rejoins duty, all the benefits from UN to be credited and
paid at the time of retirement alongwith all other benefits.
 Interest will be paid on the deposits at GPF rate.
 GS on foreign service may not take leave or leave salary from
Govt unless he actually quits duty and goes on leave.
SUPPLEMENTARY RULES
3 Medical Certificate of Fitness on First Entry into Govt Service
4. Cases of no disqualification
 Stammering
 Squint
 Loss of one eye
 Deafness
 Intra-ocular lens implant
 Implanted pacemakers
4 Who has to sign the MC
Gazetted GS-Medical Board
Non-Gazetted GS-Civil Surgeon or DMO or Medical officer of
equivalent status
Female GS-Medical Board consisting of one lady doctor.
Female NGS- Asst Surgeon Grade I or a regd female medical
practitioner.
Class IV servant- AMA
A candidate to be employed in a temporary capacity continuously
for a period exceeding three months, produce a medical certificate.
1. Procedure for medical examination to Gazetted appointments
 Examined in the previous appointment and joined within a
year no need for fresh medical examination.
 Exceeds one year, he should be regarded as a fresh entrant
to Govt service.
 A permanent State Govt servant holding a Gaz post in the
state, no need for medical examination to join in Central.
But non-Gaz State GS appointed as Gaz Central GS needs
to be examined.
 No right of appeal against the findings of an examining
Medical Authority. But if the Govt considers that there is
an error of judgement, it can recommend for a second
medical board or civil surgeon.
 Appeal should be made within one month along with the
fee of Rs100/- for Gaz GS and Rs25/- for Non-Gaz GS.
 GDS employees need not to be examined again.
 Employment of women candidates in a state of pregnancy-
post will be reserved and she should be re-examined after
12 weeks from the date of confinement.

4A Exemption from producing MC


5 Drawing of Compensatory Allowances-Additions to Pay
11 No Govt servant undertake work for another govt or org or private
body
1.Instructions regarding acceptance of fees by Central Govt servant
12 One third of any fees in excess of Rs1500 paid to a Govt servant in
a financial year shall be credited to the consolidated fund of India.
( if any fees received from PSUs, university which are funded by
govt need not to be credited)
Fee-
 Receives sale proceeds or royalties on a book
 To perform a clerical, administrative or technical work of an
occasional or casual nature for a private body.
 From part time employment
 Publishing a book or contributing an article except literary,
cultural, artistic, technological and scientific subjects.
196 Record of service to Gazetted Govt Servant to be maintained by the
respective Head of office.
197 Record of service to Non-Gazetted Govt Servant
SB maintained except
 History of services or service register maintained by audit
officer
 GS offg or holding temp posts who are recruited temporary or
offg
 Permanent subordinate non-pensionable servants in state
railways.
198  SB to be maintained in duplicate
 Jan each year, GS should hand over his copy of the SB to his
office for updation.
 Maintained by Head of the office.
 In case of loss of SB of the official, it shall be replaced on
payment of a sum of Rs500/-.
 Head of the office should scrutinise 10% of SBs delegated to
the sub Gaz officers for maintenance.
 The following officers in P& T Dept authorised to attest
o Post office accountants in the selection grade
o Head Record Clerk, RMS
o Any Gazetted Officer or a supdt
o JAO/AAO including verification of services
o APM(Accounts) including to re-attest the descriptive
particulars every 5 years
o Asst Accountants(LSG) in GPO
201  Personal certificates of character is not required to be entered
in the SB except in case of reduction to a lower substantive
post, the reason to be briefly shown.
202 Showing the SR to the Govt servant and getting acquittance.

Every financial year the SB to be taken for verification.

No certificate of verification need be recorded by the Head of office


in respect of periods of foreign service, if any. The entry made in
the SB by the audit officer will be sufficient.
1. Annual verification of service
2. Need for proper maintenance of service book to eliminate
delay in payment of pension
 25th year of service or 5 years before the retirement
 The orders of the competent authority on the nature of service
ex-periods of leave, breaks in service, etc should be obtained
and recorded in the SB.

307 Interest on overdue contributions of Govt servant on Foreign


Service-within 15 days from the last day of the financial year or
otherwise interest 2 paise per day per Rs100/-.
307A TA to Govt servant on transfer to Foreign service- will be borne by
the Foreign employer.
311 Allotment of Residences
312 Occupation of a residence
313 Suspension of allotment of a residence
 If the post is held by combination of duty
 The incumbent of which discharges the duties of another post
and duties prevent him from occupying the residence.
 Already occupying the allotted residence in the same station
and not required to change his residence
 Offg for a period not exceeding two months.
 Suspended residence can be allotted to another suitable
person.
 Allotment of suspended post attached quarters to non-entitled
officers to be done by the HOC for a period not exceeding 6
months.
 The allotment may be cancelled on the basis of three months’
notice.
 The rent to be charged to be equal to SLF.
 HRA in lieu of rent free quarters be payable for only 3
months.
3. Guidelines for suspension of allotment and allotment to non-
entitled officials in the case of rent-free quarter
315 Exchange of allotted residence
316 During temporary absence, furniture and other property may be
stored in the allotted residence.
316A Cancellation of allotted residence/quarters
1. Retention of attached/rent free Govt accn in the event of
leave, transfer, death, retirement and resignation
 Rent free accn retained for one month in case of leave
 A female officer during maternity leave unless the
incoming incumbent demands
 On transfer, within 15 days, thereafter for a period of
one month on payment of rent
 Death, free of rent for one month and thereafter 3
months with rent
 On resignation, dismissal or removal, rent free
concession will cease.
 Retirement , one month.
317B-5 I- Grade pay upto Rs1800, II- GP Rs1900 to 2800,
III- GP 4200-4800, IV-5400 to 6600, DII-7600-8000,
DI 8700-8900, CII-10000, CI-67000 TO 74999,
VII-75000-79999, VIII-80000 AND ABOVE
 Date of Priority in r/o of lower accn from I to IV is date of
joining in the service.
 Inter se seniority in r/o higher accn(GP>Priority date>Basic
Pay>date of joining in the service> DOR)

Out of turn allottment


317B-10  If fails to accept the allotment within 8 days or fails to take
possession within 8 days from the date of allotment, he shall
not be eligible for another allotment within one year.
 Deferment of allotment for a period not less than 3 months
permissible.
 Reconsideration in case of non receipt of allotment due to
tour or on leave, for allotment.
 Regularisation of allotment of on re-posting at the last place
of posting- within four months after permissible period of 8
months by payment of double the LF.
317B-14  Surrender-allotment cancelled on 11th day on receipt of notice
from the allotee. GS should send a notice 10 days before
vacation of the residence.
 Not more than one change is allowed.
 No change is allowed during a period of six months
immediately preceding the date of superannuation.
 In case of death, within 3 months, applies for a change of
residence.
317B-20  Subletting of whole or portion of allotted accn will entail
payment of 10 times Normal LF and the allotee declared
ineligible for allotment for the remaining period of service.
 Intimated to take disc proceedings for major penalty.
 An appeal within one month may prefer to the director of
estates.
 But sharing of the residence only with prior intimation is
eligible. Ladies Hostels can be shared with her children not
exceeding 12 years old.
 SC/ST Reservation 10% for A & B type and 5% for C & D
type.
Appx 3 -Delegations made under FR 6
Appx 5 Deputation within India
Appx 7 Incentives under Hindi Teaching scheme
 Non Gaz GS gets one increment for a period of 12 months in
addition to lump sum award.
 Pass the examination within 15 months from the date of their
first appearance at the said examinations.
Appx 8 Orders regarding Special allowance/Special Pay
6. Cash Handling Allowance to Cashiers-General conditions(Circles
and Postal Training Centres
12. Special pay to cashiers/treasures/ATRs-DOP
 BCR officials should not be posted as TRR or ATRs as they
are not eligible for Cash Handling allowance. But LSG
operatives are eligible for this allowance.
 Care taking allowance 10% of aggregate of pay in the pay
band and grade pay thereon.
22.Special allowance for child care for women with disabilities and
education allowance for disabled children of Govt employees.
 Women with disabilities.
 Rs1000/- per month upto 2 years of old of the children
 Max upto 2 children
 CEA limit is Rs24000/- per year.
23.Training allowance and sumptuary allowance
Appx 9 Incentives for serving in Remote Areas
 Posting is for 3 or 2 years.
 Special (duty) allowance 12.5% exempted from IT.
 TA on tour and 1/3rd of the entitlement
 Joining time with leave.
 Home town LTC for a block of 2 years.
 Emergency passage concession-LTC for 2 additional
Appx 10 CCS(Joining Time) Rules,1979
 One day for transfer within the same station if no change of
residence.
Distance JT admissible Continuous travel
more than 200
KMs
1000 KMs or less 10 10
1001 to 2000 12 15
2001 and above 15 15

 Extended to max of 30 days by HOD and more than that by


GOI
 JT can be combined except CL.
Appx 11 Facilities and concessions for Sportsmen
Appx 15 Award scheme

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