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FUNDAMENTAL RULES AND SUBSIDIARY RULES (APPLICABLE TO MEMBERS OF SERVICES UNDER THE RULE-MAKING CONTROL OF THE PROVINCIAL GOVERNMENT

CHAPTER I

Extent of Application

Cha.1 .

F.R.1. These rules may be called the Fundamental Rules. They shall come into force with effect from the 1st January, 1940.

Note. The statutory rules framed by Government have effect from the date on which they are passed subject to any special provisions as to the date of effect in the rules themselves. A sanction accorded by Government, in the absence of any indication to the contrary in the order itself, lapses if and when it is superseded by an order of a latter date.

F.R.2. (1) The Fundamental Rules apply to all Government servants whose pay is debitable to civil estimates of Assam. No rules modifying or replacing any of the Fundamental Rules shall adversely affect any person who is in Government service at the time when these rules come into force except under the direction of the authority competent or empowered to make such a rule under paragraph (a) of sub-section. (3) of Section 241 of the Go

Cha.2 .`

F.R.9. Unless there be something repugnant in the subject or context the terms defined in this Chapter are used in the rules in the sense here explained ;

F.R.9. (1) The “Act” means the Government of India, Act, 1935.

F.R.9. (2) “Average Pay” means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay :

Provided that in respect of any period spent of deputation out of India which has been declared by the Governor to be under quasi-European conditions the pay which the Government servant would have drawn if on duty in India shall be substituted for the pay actually drawn.

Note. In the case of Government servants who are not deputed out of India of special items of work but are placed on continuous service with commission and committees whose functions requi

Cha.3 .

F.R.10. Except as provided by this rule, no person may be substantively appointed to a permanent post in Government service without a medical certificate of health. The (State) Government may make rules prescribing the form in which medical certificate should be prepared, and the particular medical or other officers by whom they should be signed. It may, in individual cases, dispense with the production of certificate, and may by general order exempt any specified class of Government servant from the operation of this rule.

Note. A medical certificate of health should be obtained from all whenever appointments are made to temporary posts which have been made sanctioned at least for a period of one year and whenever such appointments are made without specifying a period. Such certificate may not be insisted upon when the period is less than four months.

S.R.5. - (i) A medical certificate of fitness for Government se

Cha.4 .

PAY

 

F.R.19. The fixation of pay is within the competence of the State Government : Provided that, except in the case of personal pay granted in the circumstances defined in R. 9 (23) (a), the pay of a Government servant shall not be so increased as to exceed the pay sanctioned for his post without the sanction of an authority competent to create a post in the same cadre on a rate of pay equal to his pay w

Cha.5 .

Additions to Pay

F.R.44. Compensatory allowances. - Subject to the general rule the amount of a compensatory allowance should be so regulated that allowance is not on the whole a source of profit to the recipient; the State Government may grant such allowances to any Government servant under its control and may make rules prescribing their amounts and the conditions under which they may be drawn.

Note. The

Cha.6 .

F.R.49. The State Government may appoint the Government servant to hold substantively, as a temporary measure, or to officiate in two or more independent posts at one time. In such cases his pay is regulated as follows:

(a) where a Government servant is formally appointed to hold full charge of the duties of a higher post or posts which is or are 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 of the higher post, or the highest post of the holds full charge of more than one post, in addition to ten per cent of the presumptive pay of the additional post or posts, if the additional charge is held for a period exceeding 39 days:

Provided that the concurrence of the Financial Department shall be obtained for making such arrangement and for payment of the additional pay;

(b) where a Government servant is formal

Cha.7 .

DEPUTATION OUT OF INDIA

 

F.R.50. The Governor may sanction the deputation out of India of one or more Government servants of the State for any duty connected with State affairs.

 

Audit Instruction. - The period of the deputation runs from the date on which the Government servant makes

Cha.8 .

F.R.52. The pay and allowances of a Government servant who is dismissed or removed from service cease from the date of such dismissal or removal.

F.R.53. (1) A Government servant under suspension shall be entitled to the following payments, namely :

(i) in the case of a Commissioned Officer of the Indian Medical Department or a Warrant Officer in civil employ who is liable to revert to military duty, the pay and allowances to which he would have been entitled had he been suspended while in military employment:

(ii) in the case of any other Government servant-

(a) a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn if he had been on leave or on half average pay or on half pay and in addition dearness allowance based on such leave salary :

Provided that where the period of suspensio

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F.R.56. (a) The date of compulsory retirement of a Government servant is the date on which he attains the age of 55 years. He may be retained in service after this age with the sanction of the State Government on public grounds which must be recorded in writing, and proposal for the retention of a Government servant in service after his age should not be made except in very special circumstances. The age of compulsory retirement of a Government servant has been raised to 58 years from 55 years vide Notification No. AAP/143/77/37, dated 18-7-1977.

Notwithstanding anything contained above, the retirement of Government employees should take effect from the after-noon of the last day of the month in which the employee concerned attains the age of superannuation.

(b) Notwithstanding anything contained in these rules the appropriate authority may, if he is of the opinion that it is in the public interest to do so, retire

Cha.10 .

LEAVE

 

Section I-Extent of application

 

F.R.58. Unless in any case it be otherwise distinctly provided in Section VI of this Chapter, the rule in Sections I to V of this Chapter shall apply to all Government servants to whom the Fundamental Rules as a whole apply ; provided that a Governme

Cha.11 .

JOINING TIME

 

F.R.105. Joining time may be granted to a Government servant to enable him-

(a) to join a new post either at the same or a new station without availing himself of any leave on relinquishing charge of his old post ;

(b) to join in new station on return from-

FOREIGN SERVICE

F.R.109. The rules in this Chapter apply to those Government servants only who are transferred to foreign service after the 1st January, 1922.

F.R.110. (a) No Government servant may be transferred to foreign service against his will; provided that this sub-rule shall not apply to the transfer of a Government servant in the service of-

(i) a body, incorporated or not, which is wholly or substantively owned or controlled by the Government, and

(ii) an Autonomous District Council.

(b) A transfer to foreign service in or outside India including transfer to the service of Indian State may be sanctioned by the State Government.

Audit Instruction. - The Government which would be entitled to recover pens

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SERVICE UNDER LOCAL FUNDS

F.R.128. Government servants paid from local funds which are administered by Government are subject to the provisions of Chapter I to XI of these rules.

Audit Instructions. - (1) Employers of local funds administration by Government who are not Government servants are subject to the provisions of Chapter I to XI of the Fundamental Rules.

(2) The expression “local funds which are administered by Government” means funds administered by bodies which by law or rule having the force of law come under the control of Government in regard to proceedings generally and not merely in regard to specific matters, such as the sanctioning of the budget or sanction to the creation or filling up of particular posts or the enactment of leave, pension or similar rules ; in other words, it means funds over whose expenditure Government retains complete an

Div.1 .

S.R.152. Unless there is something repugnant in the subject or context, the terms defined in this division are used in the Travelling Allowance Rules in the sense here explained :

(1) “Actual travelling expenses” means 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, traveller's' bungalows or refreshment or for the carriage of stores or conveyances or for presents to coachment 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.

(2) “Camp equipage” means the apparatus for moving a camp.

(3) “Camp equipment” means tents and the requisites for pitching and furnishing them or, where tents are carried, such articl

Div.2 .

Grades of Government servants/distribution of grades

 

S.R.153. (1) For the purpose of calculating travelling allowance,. Government servants are divided into five grades as shown in the Schedule below.

(2) A Government servant officiating in, or appointed to perform all the duties of, a post specified in a higher grade or to which a particular

Div.3 .

S.R.157. The following are the different kinds of travelling allowances which may be drawn in different circumstances by Government servants :

(a) Permanent travelling allowance ;

(b) Conveyance or Horse allowance ;

(c) Mileage allowance;

(d) Daily allowance ;

(e) The actual cost of travelling.

The Rules in Division IV to VIII explain the nature of these allowances and the method of calculating them. The circumstances in which they can be drawn for particular journey are described in Division IX to XXIV.

Div.4 .

PERMANENT TRAVELLING ALLOWANCE

 

S.R.158. A permanent monthly travelling allowance may be granted by a competent authority to any Government servant whose duties require him to travel extensively. Such an allowance is granted in lieu of all other forms of travelling allowance for journeys within the Government servant's sphere of duty and is drawn all the year round whether the Government serva

Div.5 .

CONVEYANCE AND HORSE ALLOWANCE

 

S.R.162. A competent authority may grant on such conditions as it thinks tit to impose, a monthly conveyance or horse allowance to any Government servant who is required to travel extensively at or within a short distance from his headquarter under condition which do not render him eligible for daily allowance.

Div.6 .

MILEAGE ALLOWANCE

 

(i) General

 

S.R.166. A mileage allowance is an allowance calculated on the distance travelled which is given to meet the cost of a particular journey.

S.R.167. (a) For the purpose of calculating mileage allowance,

Div.7 .

S.R.186. A daily allowance is a uniform allowance for each day of absence from headquarters, which is intended to cover the ordinary daily charges incurred by a Government servant in consequence of such absence.

S.R.187. Unless in any case it be otherwise expressly provided in these rules, a daily allowance may be drawn while on tour by every' Government servant whose duties require that the should travel, and may not be drawn except while on tour :

Provided that a Government servant, who while on tour, inside or outside the State of Assam, is allowed free board and lodging at the expense of the Central Government or a State Government or an autonomous industrial or commercial undertaking or corporation, or a statutory body or a local authority, in which Government funds have been invested or in which Government have any other interest, may draw only one-fourth of the daily allowance admissible to him at the station conc

Div.8 .

Actual expenses

 

S.R.190. Unless in any case it be otherwise expressly provided in these rules, no Government servant is entitled to be provided with means of conveyance by or at the expenses of Government, or to draw as travelling allowance the actual cost of or part of actual cost of travelling.

State Government's decision. - (1) It has been decided, with

Div.9 .

S.R.192. A Government servant appointed as Director or Member of the Board of Management or in any similar capacity in any Corporation or statutory Body shall draw Travelling Allowance as well as sitting fees or other remuneration of a like nature from such Corporation or Statutory Body at such rates as may be applicable to the other Directors or Members of that Board ; provided that where there are no non-official Directors or Members, the Government servant shall draw only Travelling Allowance at the rate applicable to him while on tour.

S.R.193. Unless in any case it be otherwise expressly provided in these rules a Government servant making a journey for any purpose is not entitled to recover from Government the cost of transporting his family or his personal luggage, conveyances, camp equipage or equipment.

S.R.194. The State Government may, by general or special order, direct that the ordinary rates of daily allowanc

Div.10 .

Journey on tour

(i) General rules

 

S.R.197. The State Government may define the limits of the sphere of duty of any Government servant.

(1) The jurisdiction of Deputy Rangers and Forester not in charge of Rangers and Forest guards is the Range to which they are attached.

S.R.235. Except as otherwise provided in this Division travelling allowance is not admissible to any person for the journey to join his first post in Government service.

S.R.236. A competent authority may, by general of special order, permit any person, whether appointed to a temporary or a permanent post to draw travelling allowance for the journey to join his first post in Government service.

Note 1. Officiating Munsiffs on their joining a first appointment and on termination of appointment may be allowed by the District and Sessions Judges-

(a) one second class fare by rail;

(b) one second class fare by steamer and table money ;

(c) actual expenses not exceeding 6 paise per Km. by road.

No travelling allowance is admissible to a Munsiff on probation for the journey he undertakes to join his first appointment as probation.

Div.12 .

JOURNEYS ON TRANSFER

 

S.R.241. (1) Travelling allowance may not be drawn under this Division by a Government servant on transfer from one station to another unless the transfer is made for the public convenience and the officer is entitled to pay during the period occupied by the journey. A transfer, at his own request should not be treated as a transfer for the public convenience, unless the authority

Div.13 .

JOURNEYS TO HILLS STATIONS

 

S.R.258. Government servant who travels on duty to a hill station within his sphere of duty, or is required by the order of a superior authority to travel to hill station on duty may draw travelling allowance during his absence as for a journey on tour. Such a Government servant will, however, forfeit all claims to travelling allowance, for journey and halt, other than

Div.14 .

S.R.263. A Government servant is entitled to draw travelling allowance for the journey to and from the place at which he appears for an examination of any the following kinds :

(a) An obligatory departmental or language examination ;

(b) An examination held under may rules in force in the vernacular language of a frontier or hill tribe ;

(c) In the case of Military officer in civil employ, an examination for promotion in military rank ;

(d) In the case of a Civil Assistant Surgeon or Sub- Assistant Surgeon, an examination designed to test his fitness to rise above an efficiently bar in a time-scale ;

(e) In the case of Constables, Head Constables, and officiating Assistant Sub-Inspectors an examination for promotion to the rank of Assistant Sub-Inspector of Police :

Provided that-

(1) travelling allowance sha

Div.15 .

S.R.267. Except as otherwise provided in these rules a Government servant is not entitled to any travelling allowance for a journey made during leave or while proceeding on or returning from leave.

S.R.268. A competent authority may, for special reasons which should be recorded, permit any Government servant to draw, for a journey of the kind specified in S.R. 267, travelling allowance as for a journey on tour.

Head constables and constables of both the armed and unarmed branches of the Civil Police Force, Head Warders and Warders of the Jail Department, and Head Keepers and Keepers of the Mental Hospital may be granted free return passages of the class admissible under S.R. 153 for journey on tour, by rail or steamer or by road motor on the Dimapur Kohima Gauhati-Shillong road, and also Shillong-Dawki road while proceeding on leave to their homes irrespective of the nature and period of the leave, on the following condit

Div.16 .

S.R.272. Unless in any case it be otherwise expressly provided in this Division, no person is entitled to any travelling allowance for journey made after retirement or dismissal from Government service or after the termination of such service.

S.R.273. A competent authority may, for a special reason, which should be recorded, permit any Government servant to draw travelling allowance for a journey of the kind mentioned in S.R. 272.

S.R.274. A person temporarily employed in Government service who has received travelling allowance for the journey to join his post, may on the termination of his employment, be allowed to draw travelling allowance for the journey to any place ; provided that such allowance does not exceed the travelling allowance calculated for the journey to the place at which he was engaged, that claim to draw travelling allowance is preferred within three months of the termination of his employment and that

Div.17 .

S.R.276. The following provisions apply to a Government servant who is summoned to give evidence :

(a) in a criminal case, a case before a court-martial, a civil case to which Government is a party or a departmental inquiry held by a properly constituted authority in India ; or

(b) before a court in an Indian State or in foreign territory :

Provided that the facts as to which he is to give evidence have come to his knowledge of his public duties :

(i) he may draw travelling allowance as for a journey on tour attaching to his bill a certificate of attendance given by the court or other authority which summons him ;

(ii) when he draws travelling allowance, he may not accept any payment of his expenses from the court or authority. Any fees which may be deposited in the court for the travelling and subsistence allowance of the witness must be credited to G

Div.18 .

S.R.279. If a Government servant is compelled to leave a station at which he is posted and travel to another station, in order to obtain the advice of the Medical Officer to whose services he is entitled, or who may under departmental rules be consulted on his case, he may, on production of a certificate from the Medical Officer consulted that the journey was, in his opinion absolutely necessary, draw travelling allowance for the journey.

Note 1. Travelling allowance is not admissible for a journey undertaking to produce a health certificate on first appointment to Government service.

Note 2. The rule allows the grant of travelling allowance only to an officer who is compelled to make a journey in order to procure medical advice of the character which Government undertakes to provide for its servants. The Government does not undertake to provide officers with the services of specialist e.g., dentist. If a journey not cove

Div.19 .

S.R.288. If a Government servant, under the advice of a Civil Surgeon, or other Medical Officer of Government whose duty it is to attend him professionally, is required to travel to a Presidency town or elsewhere, either when proceeding on leave or in order to obtain further medical advice, and the Medical Officer considers that it would be unsafe for him to make the journey unattached, the Medical Officer may either himself accompany the patient to his destination or arrange that some other person shall do so. In that case, the attendant, if a Government servant, shall be deemed to have been travelling on duty and may draw travelling allowance for the outward and return journey as for a journey on tour ; if not a Government servant, he shall be entitled to actual expenses.

Div.20 .

S.R.289. When a Government servant or a student not already in Government service is selected to undergo a course of training, a competent authority may decide the scale, if any, on which he shall draw-

(a) travelling allowance for the original journey to and the last journey from the place of training and for halts at such place ;

(b) in the case of training at a school, college or similar institutions travelling allowance for similar journeys on the occasion of holidays and vacations ; and

(c) travelling allowance for journeys during the course of training :

Provided that the scale so fixed shall not exceed that admissible to Government servants of similar status on a day at the place of training.

Div.21 .

S.R.290. A Government servant on duty who is permitted to attend a darbar or a levee elsewhere than at his headquarters may draw travelling allowance for the journey as for a journey on tour.

II. Journeys in connection with the business of local bodies and Medical Attendance on their employees

S.R.291. An official member of a local Board who is required, to attend a meeting of the Board elsewhere than at his headquarters may draw travelling allowance for the journey as for a journey on tour.

S.R.292. Government servants will draw travelling allowance for journeys to conduct elections of local Boards as for journeys on tour. When a special journey has to be made solely for the purpose of conducting a local Board election the travelling allowance will be paid by the Board concerned. In other cases the travelling allowance will be paid from State Funds.

S.R.293. Medical Officers

Div.22 .

(i) Journeys by Railway

S.R.295. [Deleted].

S.R.296. When a Government servant is entitled to or is allowed free transit by railway otherwise than in accommodation reserved by requisition, whether on a free pass or otherwise, the mileage allowance which he draws for the journey must, except in cases covered by S.R. 222, be reduced by the amount of the fare which, but for such free transit, he would have paid. This rule applies to cases in which a free pass issued on any railway, whether worked by Government or not. The reduction made must include the full number of fares covered by the pass, unless the Government servant certifies that he did not use the pass in respect of any fare or fares for which no reduction is made.

Note 1. The Superintendent of Police, Sibsagar, and Inspector of Police, Jorhat Sub-division, are granted free passes when travelling by rail on the Jorhat Railway.

S.R.304. Travelling allowance of a Government servant both when proceeding on transfer to foreign service and when reverting to duty under Government shall be borne by the foreign employer.

Div.24 .

S.R.305. Except as provided in S.R. 306, the travelling allowance admissible to Government servants in Military employ is governed by Military Regulations.

S.R.306. When a Commissioned Indian Military Officer of the regular forces, the military police or the militia whether on the active or the retired, list is invited to attend a Darbar or Levee at a place other than that at which he is stationed or has his residence, a competent authority may grant him travelling allowance for the the journey subject to the following limits :

(a) For the journey from his station or place of residence to the place at which the Darbar or Levee is held and hence back to his starting point, single railway and steamer fares, actually paid and actual travelling expenses for journeys by road subject to the maximum admissible to a Government servant of the first grade.

(b) For halt at the place at which the Darbar or Leve

Div.25 .

S.R.307. A Honorary Magistrate, not being a Government servant may, when employed on Government work under the order of a District Magistrate or Sub-divisional Officer at a distance exceeding 8 Kms. from his headquarters, or when the bench which he attends is situated at a similar distance from his residence, draw for journeys by railway one and half second class fare and journeys by road 12 paise for each Km. travelled. During halts when similarly employed, he may draw daily allowance of Rs. 3.50 subject to the conditions applicable to halts of Government servants on tour.

S.R.308. Mohammadan Marriage Registrar who may be directed by Magistrate to conduct local enquiries under Section 202 of the Code of Criminal Procedure, 1898, [Now Code of Criminal Procedure, 1973 (2 of 1974)] in connection with complaints of offences relating to marriage when the parties are Mohammadans, may draw travelling allowance on the terms on which it is granted to H

Div.26 .

CONTROLLING OFFICERS' SIGNATURE ON TRAVELLING ALLOWANCE BILL

S.R.310. A list of controlling authorities as declared by Government for travelling allowance purposes in respect of each Government servant or class of Government servants is given in Appendix 30. Government may amend the list from time to time and may, where they think fit, declare that any particular Government servant shall be his own controlling officer.

S.R.311. Except where expressly permitted by a competent authority a controlling officer may not delegate to a subordinate his duty of countersignature.

S.R.311A. The right of a Government servant to travelling allowance, including daily allowance, is forfeited or deemed to have been relinquished if the claim for it is not preferred within one year from the date on which it fell due.

Note. The provision of this rule shall not be ap