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Fundamental Rules and Subsidiary Rules

Last Updated 12th February, 2020 [ass268]

Extracts from the Government of India Act, 1935

Fundamental Rules and Subsidiary Rules (Applicable to Members of Services Under the Rule-Making Control of the Provincial Government

Fundamental Rules

[Made by the Governor of Assam under Section 241 (2) (b) of the Government of India Act, 1935 and amended by that authority from time to time]

Part I

Chapter I

Extent of Application

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accorded by Government, in the absence of any indication to the contrary in the order itself, lapses if and when it is superseded by an order of a latter date.

Note. A Government servant's claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; and to leave by the rules in force at the time the leave is applied for and granted.

The expression "claim to leave" includes the earning of the leave, the method of calculation, the admissibility of the leave and its grant. The leave account must be revised as soon as a rule regulating the method of calculation is amended, and subsequent leaves granted according to the amended leave account.

Chapter II

Definitions

Note. In the case of Government servants who are not deputed out of India of special items of work but are placed on continuous service with commission and committees whose functions require work both in and out of India, the reference to the "pay which the Government servant would have drawn if on duty in India" should be interpreted as a reference to the pay which he would have drawn in India had he continued on duty with the commission or committee there.

Note 1. In the case of a Government servant on foreign service out of India lasting for more than 12 months who, on reversion to British service, immediately takes leave under the Fundamental Rules, the calculation of average pay in respect of leave earned while in Government service should be based on the pay drawn by him during the 12 complete months preceding the month in which he was transferred to foreign service.

Note 2. Any period of joining time taken either under Clause (b) or under Clause (c) of F.R. 105 during the preceding 12 months should be ignored in calculating average pay, as no "pay" is drawn in respect of such joining time.

Note. In view of the importance attached to the correct classification of additions to pay such as special pay and compensatory allowance, it can be accepted as a general principle that the reasons for the grant of such additions to pay should be briefly recorded in the letter or memorandum conveying the sanction. In cases, however, in which an official record in an open letter may be undesirable, it should be possible to communicate the reasons confidentially to the audit authority.

(i) Service as a probationer or apprentice ; provided that such service is followed by confirmation.

Note. The service of probationer in State and Subordinate Services and in special posts sanctioned by the Government of Assam counts as duty for increments under F.R. 26 (a) before confirmation, if the scale of pay fixed for a particular service or post provides for the grant of increments during the probationary period. The service of persons appointed on probation to post with incremental scales of pay in which there is no stage for probationary period also counts as duty for increments.

(ii) Joining time.

Note. Joining time under Clause (b) or (c) of F.R. 105 on return from extraordinary leave counts as "Duty" although under F.R. 107 (b) (i) the Government servant may not be entitled to any payment at all during such joining time; but see Audit Instruction (5) below F.R. 26.

(iii) Extra leave on average for three weeks granted to a Government servant undergoing anti-rabic treatment.

(b) The State Government may issue orders declaring that, in circumstances similar to those mentioned below, a Government servant may be treated as on duty-

(i) during a course of instruction or training;

(ii) in the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing, through a course of training at a University, College or School, the interval between the satisfactory completion of the course and his assumption of duties;

(iii) during preparation for an examination in any oriental language.

(iv) [Deleted.]

Note 1. In estimating the "time reasonably required for the journey" the head of the office or the controlling authority as defined in Appendix 30 of the Subsidiary Rules, may, when necessary, allow the time for preparation up to a limit for six days but should not ordinarily do so in cases when the course of instruction lasts for less than six months. If the course of instruction lasts for less than six months but more than one month, time for preparation up to a limit for three days may, in exceptional circumstances, be allowed.

Note 2. Police Officers deputed to the State Finger Print Bureau for a course of training will be treated as being on duty during the period of training and so will newly appointed Sub-Inspector of the Police (Cadets) while under training in a Police Training School or College.

Note 3. In the case of Government servants who join the Army in India Reserve of Officers the time spent on training will count as duty under F.R.9 (6) (b).

Note 4. Officers of the Education Department deputed by the Director of Public Instruction to a Scouter's or Guide Training Camp/Red Cross Training Camp, vallies jamborees, etc. will be treated as on duty during the period of training.

Note 5. When an officer attends departmental examination immediately after completion of training and returns to his old post he will be entitled to a reasonable time required for the journey under S.R. 3 (1).

Note 6. When an officer is transferred to a post other than the post from which he proceeded on training immediately after completion of the training he will be entitled to a reasonable time required for the journey from place of training to his former post under S. R. 3 (1) and then will be entitled to his joining time under F.R. 105 for the journey from the place of his former post to that of his new one.

Note 7. When an officer is transferred to a post other than his old post after attending the departmental examination in continuation of his survey and Settlement Training he will be entitled to his joining time as in the case of Note 6 above.

Note 8. (1) Government servants deputed to the Survey and Settlement Training at Jhalukbari or any other place as the State Government may decide will be treated as on duty during the period of training.

(2) A student, stipendiary or otherwise, who is entitled to be appointed to Government service on passing through a course of training at a University, College or School, shall unless in any case it be otherwise expressly provided in the terms of his appointment, be treated as on duty during the interval between the satisfactory completion of the course and his assumption of duty.

(3) The period of training or probation of State Forest Service Officers and Rangers shall count towards leave and pension ; provided that no period so passed before an officer has completed 23 years of age shall count.

(4) (a) A Government servant shall be treated as on duty during any period, which he is permitted to spend in preparation for an examination of any of the following kinds in an oriental language :

(i) An optional examination by the high proficiency or degree of honours test in any vernacular language ;

(ii) An optional examination by the higher standard or high proficiency test in Sanskrit, Arabic or Persian ;

(iii) An optional examination by the degree of honours test in Sanskrit, Arabic or Persian.

(b) The period to be spent in preparation is limited to six months in a case covered by sub-Clause (iii) of Clause (a) of this paragraph, and to three months in other case.

(c) Preparation shall not be permitted to count as duty more than once under each of the sub-Clause (iii) of Clause (a) of this paragraph.

(d) Period spent in preparation under this paragraph may be combined with leave on average pay.

(5) A Government servant required to attend a departmental examination is on duty during a reasonable time required for the journey to and from the place of examination and the day or days of the examination.

Note. This rule is intended to cover only departmental examinations, whether optional or compulsory, for promotion within the normal scope of the Government servant's department or office.

(6) When a Government servant is treated as on duty under paragraph (1) or (3) above his right to draw during such period any compensatory allowance attached to the post on which he holds a lien or a permanent or temporary post against which he is officiating shall be governed, as though he were on leave, by S.Rr. 118 and 119.

(7) Government servants appointed in England who, on their first arrival in India do not, before they report themselves at the seat of Government receive orders to take charge of a specified post, shall be treated as on duty during the interval between the date of such report and the date on which they take charge of their duties ; provided that the interval between receipt of orders and the assumption of their duties shall not exceed the amount of joining time which would be admissible to a Government servant entitled to joining time under F.R. 105 (a).

Note. In the case of a Government servant who holds no lien on any appointment except that which it is proposed to abolish, the correct procedure in deciding the exact date from which the appointment is to be abolished would be to defer the date of abolition up to the termination of such leave, as may be granted.

(a) revenue 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 budget's 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 Government as such.

Rules regulating grant of overseas pay

(i) the pay, other than special pay or pay granted in view of his personal qualifications, which has been sanctioned for a post held by him substantively or in an officiating capacity, or to which he is entitled by reason of his position in a cadre ; and

(ii) overseas pay, technical pay, special pay and personal pay; and

(iii) any other emoluments which may be specially classed as pay by the State Government.

Note 1. Judicial pay and language pay shall be regarded as "pay" for all purposes.

Note 2. In the case of a piece-worker in the Assam Government Press when appointed to a post on a time-scale , "pay" shall be deemed to be equivalent to one hundred and seventy-five times his hourly class rate.

(b) [Deleted.]

(a) to save him from a loss of substantive pay in respect of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise than as a disciplinary measure ; or

(b) in exceptional circumstances, or other personal considerations.

Note. All cases in which it is proposed to grant personal pay under F.R.9 (23) (b) may be referred to the Government in the Finance Department through Administrative Departments concerned. No case will be entertained which is not of an entirely exceptional character and in submitting cases for the grant of personal pay this should be carefully borne in mind.

(a) the specially arduous nature of the duties ; or

(b) a specific addition to the work or responsibility ;

(c) [Deleted.] [Vide Notification No. FEG. 23/68 Pt., dated 3rd December, 1968 effective from the same date].

Note. In the case of a piece worker in the Assam Government Press, when appointed to a post on a time-scale, "substantive pay" shall be deemed to be equivalent to one hundred and seventy-five times his hourly class rate.

Note. A temporary post can be held either substantively or in an officiating capacity. An extension of a temporary post to cover the period of leave granted to its holder is expedient only when the grant of leave involves no expense to Government but improper in the absence of this condition.

Note. In case of doubt the State Government will decide whether a particular post is or is not a tenure post.

(b) Time-scales are said to be identical if the minimum, the maximum period of increment and the rate of increment of the time-scales are identical.

(c) A post is said to be on the same time-scale as another post on a time-scale if the two time-scales are identical and the posts fall within a cadre, or a class in a cadre, such cadre or class having been created in order to fill all posts involving duties of approximately the same character or degree of responsibility, in a service of establishment or group of establishments ; so that the pay of the holder of any particular post is determined by his position in the cadre or class and not by the fact that he holds that post.

General Definitions

(1) "Audit Officer" means such Audit Officer as the Comptroller and Auditor General may, by general or special order, designate in each case.

Note. Accountant General, Assam, is the Audit Officer in Assam.

(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 or in or against a substantive vacancy in the cadre of a department.

(3) "Competent authority" in relation to the exercise of any power means the Provincial Government, or any authority to which the power is delegated by or under these rules. Appendix 4 gives a list of authorities who have been declared to be competent authorities under the various Subsidiary Rules.

(4) "Head of a Department" means any authority which the Provincial Government may by order declare to be the Head of a Department for the purposes of these rules. A list of the authorities who have been declared to be Heads of Departments is given in Appendix 5.

(5) "Holiday" means (a) a holiday prescribed or notified by or under Section 25 of the Negotiable Instruments Act, 1881 ; and (b)in relation to any particular office a day on which such office is ordered by notification of Government in the official Gazette to be closed for the transaction of Government business without reserve or qualification.

(6) Class I Service. All gazetted posts on the new time scales, the maximum of which is Rs. 1000 and above.

Class II Service. All gazetted posts on the new scales,the maximum of which is Rs. 700 and above, but does not exceed Rs. 999.

Class III Service. All other Services or posts, gazetted or non-gazetted, excepting those classified in Class IV service.

Class IV Service. All other posts in the new time scales, the maximum of which is Rs. 140 or below.

(7) "Probationer" means a Government servant employed on probation in or against a substantive vacancy in the cadre of a department.

(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 the rules prescribe otherwise.

Part II

Chapter III

General Conditions of Service

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

Conditions of Age, Health and Medical Certificate

"I hereby certify that I have examined A. B. a candidate for employment in the....... Department, and cannot discover that...... has any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except...... I do not consider this a disqualification for employment in the office of.........

Note. In the case of non-gazetted officers the signature of the candidate, or if the candidate is illiterate, his left thumb and finger impressions should be taken on the certificate in the presence of , and certified as so taken by the Medical Officer who grants the certificate. These should afterwards be verified by the Head of the Office with those in the Service Book.

(ii) A candidate for employment may produce a certificate in the above form signed by any Commissioned Medical Officer of Government or by any Medical Officer-in-charge of a civil station ; provided that-

(a) no person shall be confirmed in a permanent post until he has produced a certificate in the above form signed by the officer in medical charge of the district in Assam in which he ordinarily resides or has his headquarters.

(b) in Shillong, women candidates for Government service in Gazetted and non-Gazetted appointments shall be examined by the Medical Superintendent, Ganesh Das Women and Children Hospital, Shillong, for all purposes when the Medical Examination is to be done by a single Medical Officer. In the mofussil such examination shall be done by the Civil Surgeons of the Districts concerned or by the Women Medical Officers where they are appointed and the certificate granted by the latter shall be countersigned by the Civil Surgeons of the Districts concerned.

(iii) When a woman candidate is to be examined by the Medical Board in Shillong, the Medical Superintendent, Ganesh Das Women and Children Hospital, Shillong, shall be one of the members of the Shillong Standing Medical Board. In Dibrugarh, where also meetings of the Dibrugarh Standing Medical Board are held, action to include a Woman Medical Officer Honorary or otherwise for the purpose of medical examination of women candidates referred to it, shall be taken if she is available ; and

(c) in the case of a post on pay no exceeding fifty rupees, the appointing authority may accept a certificate signed by any Government Medical Officer.

(a) thirty years in the case of-

(i) a person appointed to Assam Civil Service from the Bar ;

(ii) appointments to teaching posts in College in the Assam Educational Service;

(iii) appointments to teaching posts on non-technical subjects in Engineering and Technical Institutions ; and

(b) twenty-nine years in the case of appointment of Medical graduates in the services of the State Government;

(c) thirty-five years in respect of candidates in employ in aided schools for appointments to Class II of Assam School Service ; provided they are eligible for the same otherwise and have acquired necessary experience.

Note. This rule does not apply to the employment in civil capacities of reservists and pensioners of the Indian Army.

(a) All persons appointed to inferior service ;

(b) All Government servants promoted from inferior to superior service ;

(c) The political jemadars and interpreters belonging to the hill tribes in the North-Frontier Tracts;

(d) Government servants appointed by the Secretary of State or the High Commissioner for India;

(e) Lower Primary School Pandits belonging to hill tribes in the Sadiya and Balipara Frontier Tracts.

(b) In the case of a Government servant whose date of birth is not known the following principles should be observed in determining his age :

(i) In the case of a person who first entered military employ was subsequently employed in a Civil Department, his date of birth for the purpose of his civil employment should be the date stated by him at the time of attestation. Cases often arise in which the documents referring to the previous military service do not give the definite date of birth but only the age stated at the time of attestation. In such cases, the Government servant concerned should be assumed to have completed the stated age on the date of attestation e.g., if an ex-soldier was enrolled on 1st January, 1910, and if on that date his age was stated to be 18, his date of birth should be taken as 1st January, 1892 ;

(ii) The method in paragraph (i) above should also be followed in cases when a person enters civil employ without having rendered any military service and is unable to give his date of birth but gives his age.

(c) Commissioner and Heads of Departments may alter the recorded date of birth in the case of non-Gazetted servants ; provided they are satisfied after enquiry that the previous date was incorrect.

Note. The Head of the office should record the date of birth in the Service Book of a non-Gazetted Government servant on his initial appointment with reference to the Matriculation or equivalent certificate and shall also record a remark to this effect in the Service Book. In cases where these are not available, the Head Office should verify the date with reference to the birth certificate to be produced by the Government servant and record a note to that effect in the Service Book. In the case of Gazetted Government servant, the verification should be made according to the above procedure on his initial appointment by the Administrative Department concerned. They should intimate the date of birth of the officer as verified to the Accountant General for incorporation of the same in the History of Services of the Gazetted Governments servants.

No alteration in the date of birth of a Government servant should be allowed except in very rare cases where a manifest mistake has been made. Such mistake should be rectified at the earliest opportunity in the course of : (1) periodical re-attestation of the entries in the first page of service book and (2) preparation of the annual detailed statement of a permanent establishment (Financial Rule Form No. 11) in which is noted the date of incumbent's birth. In no case request for change in the date of birth of a Government servant made on a date within three years of the date of his actual superannuation should be entertained.

The following criteria should be followed in Considering requests for change in date of birth which are not time-barred. Such request should be supported by satisfactory documentary evidence (such as the Matriculation or equivalent certificate or duly attested copy of birth certificate) together with a satisfactory explanation of the circumstances in which the wrong date came to be entered and statement on any previous attempts made to have the record amended. It should also be examined whether the Government servant concerned would have been within the age- limits prescribed for Government service at the time he entered service with reference to the different date later claimed by him as the correct date. If he would not have been so eligible, it should be examined whether the date actually accepted then was given by him bona fide and did not give him some advantage in securing admission into service at that time, and the change proposed later on is for bona fide reasons and not merely to gain some fresh advantage.

(b) A Government servant cannot be appointed substantively, except as a temporary measure, to two or more permanent posts at the same time.

(c) A Government servant cannot be appointed substantively to a post on which another Government servant is holding a lien.

(a) while performing the duties of that post ;

(b) while on foreign service, or holding a temporary post, or officiating in another post;

(c) during joining time on transfer to another post; unless he is transferred substantively to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the old post;

(d) while on leave ; and

(e) while under suspension.

(1) to a tenure post; or

(2) [Deleted] ;

(3) provisionally , to a post on which another Government servant would hold a lien had his lien not been suspended under this rule.

(b) The State Government may, at its opinion, 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, 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 a 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.

(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 reserved as soon as the suspended lien revives.

Note 1. This clause shall also apply to a post in a selection grade of a cadre.

Note 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 the rule.

(e) A Government servant's lien which has been suspended under Clause (a) to this rule shall revive as soon as he ceases to hold a lien on a post of the nature 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 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 nature specified in Clause (1) or (3) of Clause (a).

(b) A Government servant's lien on a post shall stand terminated on his acquiring a lien on a permanent post (whether under Central Government or State Government) outside the cadre in which he is borne.

Note. A candidate who is already in permanent Government service should be appointed to officiate in the higher service or post until further orders. The passing of such further orders terminating the appointment (and as a necessary consequence reverting the candidate to his former post) in the event of the candidate's failure to pass the departmental examination within the prescribed period, or if he is otherwise found unsuitable, will not attract the provisions of Section 240 (3) of the Government of India Act, 1935. The question whether a permanent Government servant on his appointment to a higher service or post on the results of a competitive examination can be asked to surrender his right to lien on his previous and treated as "probationer" like a raw recruit from outside has been considered and it has been held that a person who has been confirmed in Government service cannot thereafter be appointed "on probation" as such an appointment is repugnant to the whole concept of the Civil Service Regulations and to their fundamental principles in that it is calculated to deprive him of his security of tenure. An agreement by which an officer promoted to a higher service or post consents to forfeit his lien on the post previously held by him and to be appointed "on probation" in the higher post, in so far it has the effect of depriving him of the security of tenure is open to objection in that it offends against the principle that where a statute confers a right on class of persons in the public interest, or persons of that class can contract himself out of that right.

(c) [Deleted].

Office Memorandum

(1) on account of inefficiency or misbehaviour, or

(2) on his written request,

(b) Nothing contained in Clause (a) of this rule or in Clause (13) of Rule 9 shall operate to prevent the re-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.

(1) in the case of employees working in industrial establishments, during a strike which has been declared illegal under the provisions of the Industrial Disputes Act, 1947 or any other law for the time being in force ;

(2) in the case of other employees as a result of acting in combination or in concerted manner such as during a strike without any authority from or valid reason to the satisfaction of the State Government; and

(3) in the case of an individual employee, remaining absent unauthorisedly or deserting the post;

(ii) Personnel recruited in the United Kingdom for service in Assam, who receive second-class passages to India on first appointment, will be entitled to pay from the date of embarkation from the United Kingdom for India.

Charge of Office

(a) When vacation is prefixed to leave, the outgoing officer will report before leaving headquarters, or if for urgent reasons, the leave is granted during vacation, as soon as it is granted that he makes, the officer will then take over charge at the end of the vacation in the ordinary way.

(b) When vacation is affixed to leave, the officer to be relieved will make over charge in the ordinary way before the vacation, the incoming officer on return at the end of the vacation taking over charge with effect from the beginning of the vacation.

Leaving Jurisdiction

Part III

Chapter IV

Pay

Note 1. It is not the intention of this rule that the State Government should grant less pay than is permissible under F.Rr. 22 and 23.

Note 2. Except is special cases retrospective effect to increase of pay and allowance will not be given.

(1) Full substantive pay may be given but in no case as a matter of right to a teacher or inspecting officer of the Education Department in Government employ deputed to a training institution. Full substantive pay will be allowed in the case of officers of the Education Department deputed by the Director of Public Instruction to a Scout's Guides Training Camp ;

(2) Mandal or Patwaries who are deputed for training at the Survey School will draw their grade pay during the period of training whether substitutes are taken or not ;

(3) During the period of their deputation to undergo a course of training in or out of the State, Assistant Surgeons and Sub-Assistant Surgeons of the Medical and Public Health Department will draw their "time scale pay" or "the pay of their substantive appointment", as the case may be, together with lodging allowances, at rates indicated below ; provided that Assistant Surgeons and Sub-Assistant Surgeons who fail to qualify at the first attempt will, at any subsequent attempt, be entitled to draw their 'time scale' or 'substantive pay' and travelling allowances only.

Lodging Allowances

Note 1. Medical Officers who are deputed to attend the course at the Pasture Institute and who are stationed at Shillong will not be entitled to lodging allowance if they occupy free quarters or draw house rent allowance in lieu thereof.

Note 2. The lodging allowance payable to Medical Officers deputed for training under the British Empire Leprosy Relief Association, Calcutta should, in the first instance, be paid by Government and then recovered in full from the Association;

(4) Jail warders who are deputed for training in drill and discipline at the police lines, Sylhet or Gauhati, will draw their grade pay during the period of such training;

(5) Government servants deputed to the Survey and Settlement Training at Jhalukbari or any other place as the State Government decide will draw pay under F.R. 20, dearness allowance as admissible under the rules and compensatory allowance under S.R 3 (6);

(6) All other cases should be referred to Government for orders.

Note. An officer when deputed for training in the Army in India Reserve Officer is allowed to draw any compensatory allowance that may be attached to his substantive post.

Time-Scale Pay

(a) If he holds a lien on a permanent post other than a tenure post, or would hold a lien on such a post had his lien not been suspended-

(i) when appointment to the new post involves the assumption of duties or responsibilities of greater importance (as interpreted for the purpose of Rule 30) than those attaching to such permanent post, he will draw as initial pay the stage of the time-scale next above his substantive pay in respect of the old post;

(ii) when appointment to the new post does not involve such assumption, he will draw as initial pay the stage of the time-scale when is equal to his substantive pay in respect of the old post, or, if there is no such stage, the next below that pay, plus personal pay equal to the difference, and in either case will continue to draw that pay until such time as he would have received on and increment in the time-scale of the old post, or for the period after which an increment is earned in the time-scale of the new post, whichever is less. But if the minimum pay of the time-scale of the new post is higher than his substantive pay in respect of the old post, he will draw that minimum as initial pay;

(iii) when appointment to the new post is made on his own request under Rule 15 (a) and the maximum pay in the time-scale of that post is less than his substantive pay in respect of the old post he will draw that maximum as initial pay.

(b) If the conditions prescribed in Clause (a) are not fulfilled he will draw as initial pay the minimum of the time- scale :

(1) has previously held substantively or officiated in-

(i) the same post, or

(ii) a permanent or temporary post or the same time- scale, or

(iii) a permanent post, other than a tenure post on an identical time-scale, or temporary post on an identical time- scale, such post being on the same time-scale as a permanent post; or

(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated ;

Note 1. If, however, the pay last drawn by the Government servant in temporary post has been inflated by the grant of premature increments the pay which he would have drawn but for the grant of those increments shall be taken for the purpose of this proviso to be the pay which he last drew in the temporary post.

Note 2. An officer in respect of whom one of the penalties included in Classification Rule 49 (iii) was imposed will on re-promotion count previous service in the higher grade under F.R. 22 unless the order of punishment or the order passed on appeal directs otherwise ; and

An order debarring an officer from counting his past service in the grade from which he is reduced, if and when re-appointed to it, amounts to an order of reduction to a stage of that grade lower than that admissible under F.R. 22 and does not, therefore, fall outside the scope of Rule 49 of the Civil Services (Classification, Control and Appeal) Rules.

Note 1. If the Government servant is entitled to overseas pay in the new post was not drawing overseas pay in the old post, the overseas pay in the new post shall not be taken into account in determining the stage in the time-scale of new post to which he is entitled under Clause (a).

Note 2. For the purposes of this rule sterling overseas pay shall be converted into rupees at the official rate of exchange.

Note 3. The reversion to the ordinary cadre of a service from a tenure post included in that cadre or from a tenure or special post not included in it does not constitute "substantive appointment to a post" for the purpose of F.R. 22.

Note 4. In fixing the pay of a Military pensioner on his entry into Civil Department the provisions of Article 148 of the Assam Pension Manual should be followed.

State Government Memos Under F.R.22 Government of Assam

Finance Department General (Establishment) Branch

(a) Compulsory deductions ;

(b) Optional deductions.

(i) Income-tax and super-tax (provided the employee's yearly income calculated with reference to subsistence allowance is taxable);

(ii) House rent and allied charges i.e, electricity, water, furniture, etc.,

(iii) Re-payment of loans and advances taken from Government at such rates as the head of the department deems it right to fix.

(a) Premium due on Postal Life Assurance Policies ;

(b) Amounts due to Co-operative Stores and Co-operative Credit Societies ;

(c) Refund of advances taken from General Provident Fund.

(i) Subscription to a General Provident Fund ;

(ii) Amounts due on Court attachments ;

(iii) Recovery of loss to Government for which which a Government servant is responsible.

Sd.

Government of Assam

Finance Department General (Establishment) Branch

Office Memorandum

Government of Assam

Finance (Establishment) Department

Dated, Shillong, the 30th November, 1972

Office Memorandum

Government of Assam

Finance Department (Establishment) Branch

Dated 13-7-1973

From : Additional Secretary to the Government of Assam,
     Finance Department.

The Accountant General,
Assam, Shillong.
Subject - Amendment of F.R. 22-C.

I am directed to invite a reference to this Department D.O. No. FEG.13/67/50, dated 24-3-1972 and your reply thereon vide D.O. No. Co-ord. 30-1/70/71/1264, dated 9-6-1972. The entire issue was further re-examined by this Department and it is decided that there is no necessity of amend the entire rule as contemplated in this Department D.O. Letter referred to above.
The difficulties as pointed out by you in your letter referred to above in the matter of fixation of pay of those Government servants promoted/ appointed to a second higher post within a period of 3 years cannot be given the benefit of F.R.22-C. In such cases, pay should be regulated as per provision laid down in F.R. 22 (a) (i) if he is a substantive holder of the lower post. Where , however, it is not possible to take recourse to F.R. 22 (a) (i), fixation of pay will have to be done having recourse to F.R. 27 by the Finance Department.
In a case where a Government servant was allowed to officiate in a higher post for a short duration, such as, leave vacancy etc. his initial pay on the first such occasion should be regulated as per provision laid down in F.R. 22-C. If, however, he is subsequently reverted and again promoted to the same post on a a subsequent date, pay should be regulated as per provision laid down in provisos 1-3, F.R. 22-C and the limit of 3 years as incorporated in C.S. No. 215, F.R. 22-C will not operate. Cases occurring from 29-3-1965 to 17-2-1970 should be regulated as per orders contained in this Department letter No. FEG. 13/67/49, dated 11-11-1971. It is, however, made clear that the intention of the Government is that the bar of 3 years should operate only where there are two distinct promotions/appointments within a period of 3 years irrespective of whether it is in the direct line of service or not.

Additional Secretary to the Government
of Assam

Finance Department.

(1) has previously held substantively or officiated in-

(i) the same post prior to reduction of its time-scale ; or

(ii) a permanent or temporary post of the same time- scale as the unreduced time-scale of the post; or

(iii) a permanent post other than a tenure post, or a temporary post on a time-scale of pay identical with the unreduced time-scale of the post, such temporary post being on the same time-scale as a permanent post; or

(2) is appointed substantively to a tenure post the time-scale of which has been reduced without diminution in the duties or responsibilities attached to it and has previously held substantively or officiated in another tenure post on a time- scale identical with the unreduced time-scale of the tenure post,

(a) during the period of probation he shall draw pay at the minimum of the time-scale or at the probationary stages of the time-scale of the service or post, as the case may be :

(b) on confirmation in the service or post after the expiry of the period of probation, the pay of the Government servant shall be fixed in the time-scale of the service or post in accordance with the provisions of Rule 22.

(a) during the period of apprenticeship, the stipend or pay prescribed for such period; provided that if the presumptive pay of the permanent post, other than a tenure post on which he holds a lien or would hold a lien had his lien not been suspended should at any time be greater than the stipend or pay fixed under this clause, he shall draw the presumptive pay of the permanent post;

(b) on satisfactory completion of the apprenticeship and regular appointment to a post in the service or cadre, the pay as fixed in the time-scale of the service or post under R. 22 or 31 of these rules.

(1) has previously held substantively or officiated in-

(i) the same post, or

(ii) a permanent or temporary post on the same time- scale, or

(iii) a permanent post other than a tenure post, or a temporary post on an identical time-scale, or

(2) is appointed substantively to a tenure post on a time-scale identical with that of another tenure post which he has previously held substantively or in which he has previously officiated ;

Note. When the pay of a post is reduced, the incumbent thereof cannot be forced to accept the lower rate of pay or paid or discharged (with or without compensation pension without first being given the opportunity of exercising his rights under F.R. 23 (i) (in of being treated as if transferred to a new post on a new pay, and (ii) of retaining at his option his old pay in the new post.

Note. When the authority passing orders to withhold an increment fails to specify clearly for what period the officer is to be deprived of his increment, the deprivation should be held to cease on the expiry of the period during which the officer would have drawn the increment withheld and shall not affect future increment.

Note. On each occasion on which an officer is allowed to pass an efficiency bar which had previously been enforced against him, he should come on to the time-scale at such stage as the authority competent to declare the bar removed may fix for him subject of course to the pay admissible according to his length of service.

Method of reckoning the date of increment under the amended rule and old rule

Annexure

Date of last increment-23-4-64
Date of next increment-23-4-65
(but for taking extraordinary leave)
Total number of extraordinary leave-29 days.
Date of next increment-23-4-65+29 days-i.e, 22-5-65.

(b) (i) Service in another post other than a post carrying less pay referred to in clause (a) of Rule 15, whether in a substantive or officiating capacity, service on deputation out of India and leave other than extraordinary leave shall count for increments in the time-scale applicable to the post on which the Government servant holds a lien, as well as in the time-scale applicable to the post or posts, if any, on which he would hold a lien had his lien not been suspended.

(ii) All leave other than extraordinary leave and the period of deputation out of India shall count for increment in the time-scale applicable to a post in which a Government servant was officiating at the time he proceeded on leave or deputation out of India and would have continued to officiate but for his proceeding on leave or deputation out of India :

(c) If a Government servant while officiating in a post or holding a temporary post on a time-scale of pay , is appointed to officiate in a higher post to hold a higher temporary post, his officiating or temporary service in the higher post shall, if he is re-appointed to the lower post, or is appointed or re-appointed to the post, on the same time-scale of pay, count for increments in the time-scale to such lower post. The period of officiating service in the higher post which counts for increments in the lower post is however, restricted to tire period during which the Government servant would have officiated in the lower post but for his appointment to the higher post. This clause applies also to a Government servant who is not actually officiating in the lower post at the time of his appointment to the higher post, but who would have so officiated in such lower post on the time-scale of pay had he not been appointed to the higher post.

(d) Foreign service counts for increments in the time- scale applicable to-

(i) the post in Government service on which the Government servant concerned holds a lien as well as the post or posts, if any, on which he would hold a lien had his lien not been suspended ;

(ii) the post in Government service in which the Government servant was officiating immediately before his transfer to foreign service, for so long as he would have continued to officiate in that post or a post on the same time- scale but for his going on a foreign service ; and

(iii) any post to which he may receive officiating promotion under Rule 113 below for the duration of such promotion.

(e) Joining time counts for increment-

(i) if it is under Clause (a) or Clause (d) of Rule 105, in the time-scale applicable to the post on which a Government servant holds a lien or would hold a lien had his lien not been suspended as well as in the time-scale applicable to the post, the pay of which is received by a Government servant during the period ; and

(ii) if it is under Clause (b) or Clause (c) of Rule 105, in the time-scale applicable to post/posts on which the last day of leave before commencement of the joining time counts for increments.

Note. In the case of increment granted in advance it is usually the intention that the officer should be entitled to increments in the same manner as if he had reached his position in the scale in the ordinary course and in the absence of special orders to the contrary he should be placed on exactly the same footing as regards future increments of an officer as has so risen.

Note. Sub-rule (1) of the new rules covers cases of restoration after a period of deduction to lower stage in time-scale, and sub-Rule (2) relates to cases of restoration after a specified period of reduction to a lower grade or post. Under the new rule, reduction to a lower stage in a time-scale can be ordered only for a specified period. Hence the authority ordering such reduction is required to specify the period in the order of reduction. Reduction to lower post or grade can be either for any specified period in which case the period has to be indicated in order of reduction or for an unspecified or indefinite period. In the latter case on re-appointment to the higher post or grade the pay of the Government servant will be regulated under the normal rules and not under the F.R. 29.

(i) the date for which it takes effect and the period (in terms of years and months) for which the penalty shall be operative ;

(ii) the stage in the time-scale (in terms of rupees) to which the Government servant is reduced ; and

(iii) the extent (in terms of years and months), if any, to which the period referred to at (i) above should operate to postpone future increments.

(b) The question as to what should be the pay of a Government servant on the expiry of the period of reduction should be decided as follows :

(i) if the original order of reduction lays down that the period of reduction shall not operate to postpone future increments or is silent on this point, the Government servant should be allowed the pay which he would have drawn in the normal course but for the reduction. If, however, the pay down by him immediately before reduction was below the efficiency bar, he should not be allowed to cross the bar except in accordance with the provision of F.R. 25 ;

(ii) if the original order specifies that the period of reduction was to operate to postpone future increments of any specified period, the pay of the Government servant should be fixed in accordance with (i) above but after treating the period for which the increments were to be postponed as not counting for increments.

(a) the date from which the punishment takes effect. Where the reduction is intended for a particular period, the same should be specified (in terms of years and months). On expiry of the specified period of reduction, the Government servant concerned shall be automatically restored to his old grade/post/service/time-scale.

(b) the extent (in terms of years and months), if any, to which the period referred to in sub-Clause (a) above shall operate to postpone future increments on restoration, after the specified period. The period to be specified under this sub- clause shall in no case exceed the period specified under sub-Clause (a) above.

(i) if it is laid down in the order of reduction that the period of reduction shall not operate to postpone future increments, the Government servant shall be entitled to the pay which he would have drawn but for his reduction to the lower grade/post/service/time-scale. If, however, the pay drawn by him immediately before reduction was below the efficiency bar, he shall not be allowed to cross the bar except in accordance with the provisions of F.R. 25 ;

(ii) if it is laid down in the order of reduction that the period of reduction shall operate to postpone future increments, for any specified period which shall not exceed the period of reduction to the lower grade/post/service/time-scale, the pay of the Government servant on restoration shall be fixed as in (i) above but after treating the period for which increments are postponed as not counting towards increments.

Under Secretary to the Government
of Assam,

(a) If the said order is set aside, he shall be given, for the period such order has been in force, the difference between the pay to which he would have been entitled had that order not been made and the pay he had actually drawn.

(b) If the said order is modified, the pay shall be regulated as if the order as so modified had been made, in the first instance.

Pay of officiating Government servant

(ii) The specification of a post under this proviso will enable a Government servant to count service in that post for increment in the grade in which he would have officiated had he not been holding the specified post.

Note. The Government of Assam have exempted from the operation of F.R. 30, the Rangers and Deputy Rangers whose service has been reorganised on a graded system of pay.

Note. A Government servant while officiating in a higher post took regular leave for short period and thus reverted to his substantive post in which, during the leave, an increment accrued to him which raised his substantive pay so as to equal the pay he was drawing in his officiating post. As under F.R. 31 officiating pay has to be fixed on each occasion of appointment to a higher post, carrying greater responsibility the Government servant on re-appoint to the higher post on return from leave was able to get the benefit of the next stage in the time-scale of the post, which he would not have got had he continued to officiate without a break. The automatic fixation in such cases of officiating pay at a rate higher than that drawn on a previous occasion, which the rule allows, is not justifiable and that in these cases the powers conferred by F.R. 67 or 35 could reasonably be exercised. For instance, if the competent authority feels that a Government servant who in the normal course would continue to officiate in a higher post has applied for short period of regular leave with the deliberate intention of getting the benefit of the increment accruing to him in his substantive scale of pay during the leave for the fixation of his pay in the officiating post on his re-appointment to it,it will be for the consideration of that authority whether the leave applied for should not be refused under F.R.67. If, on the other hand, the effect of leave on the Government servant's officiating pay on subsequent re-appointment to the higher post is not realised at the time, or the competent authority is satisfied that the leave applied for is really necessary, or even if a short break in officiating service occur in the natural course of events, the power conferred by F.R.35 to reduce officiating pay may quite reasonably be exercised so as to limit the officiating pay on re-appoint to the higher post to what the Government servant would have drawn had he continued to officiate without a break.

(b) The Director of Public Instruction may make acting appointments in place of inspecting officers and teachers deputed to undergo a course of training in a training College.

Personal Pay

Pay of Temporary Post

(a) the character and responsibility of the work to the performed, and

(b) the existing pay of Government servants of a status sufficient to warrant their selection for the post.

Chapter V

Additions to Pay

Note. The Subsidiary Rules relating to travelling allowance are embodied in Section IV of Fundamental Rules and Assam Subsidiary Rules (Second Edition) 1939.

Compensatory allowances other than travelling allowances

(ii) Compensatory allowance is admissible in all cases during joining time granted under F.R. 105 (d), and will be at the rate of the allowance attached to the post which the Government servant is leaving or is proceeding to join, as the case may be.

(iii) Ration Compensation Allowance is admissible during all kinds of joining time when it is treated as duty.

Provision of Residences

(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 residence.

Note. The cost of restoration or special repairs shall not be added to capital cost or present value unless such restoration or repairs add to accommodation or involve replacement of the existing type of work by work of a more expensive character :

(i) the State Government may make rules providing the manner in which the present value of residences shall be determined ;

(ii) the State 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) the State Government may, for reasons which should be recorded, authorise a re-valuation 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 re-valuation.

Note. Clause (i) in the proviso obviously does not provide more than supplement (b) in the substantive part by setting the manner in which the present value is to be determined in case 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 substituting 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.

(iv) the capital cost, howsoever calculated, shall not take into consideration (1) any charges on account of establishment and tools and plants 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) the State 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 must 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 ;

(vi) in assessing the cost or value of sanitary, water- supply and electric installations and fittings, the State Government may by rules determine what are to be regarded as fittings for this purpose.

(a) In the case of leased residences the standard rent shall be the sum paid to the lessor plus an addition determined under rules which the State Government may make, for meeting, during the period of lease, such charges for both ordinary 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 municipal and other taxes in the nature of house or property tax payable by Government in respect of the residence ;

(b) In the case of residences owned by Government, the standard rent shall be calculated on the capital cost of the residence, and shall be either-

(i) a percentage of such capital cost equal to such rate of interest as may from time to time to be fixed by the State Government 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 the State Government may make ; or

(ii) six per cent per annum of such capital cost, whichever is less.

(bb) In the case of a residence gifted to Government or leased on a nominal rent or on a rent-free basis to Government the standard rent shall be the same as the case of a residence owned by Government;

(c) In all cases standard rent shall be expressed as standards for a calendar month and shall be equal to one-twelfth of the annual rent as calculated above, subject to the proviso that, in special localities or in respect of special classes of residence, the State Government may fix a standard rent to cover a period greater than one month but not greater than one year. Where the State Government takes action under this proviso, standard rent so fixed shall not be a larger proportion of the annual rent than the proportion which the period of occupation as prescribed under Rule 45 above bears to one year.

Note 1. For the purpose of sub-Clause (a), (b) and (bb) 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.

Note 2. The State Government may by rule permit minor additions and alterations the cost of which does not exceed a prescribed percentage of the capital cost of the residence, to the made during such period as the rule may determine, without the rent of the residence being increased.

(a) The scale of accommodations 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) rent for the residence, such rent being the standard rent as defined in Clause III above or 10 per cent of his monthly emoluments, whichever is less ; (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, State Government may-

(i) at any time after the standard rents have been calculated under the provisions of Clause III above, group of a number of residences whether in a particular area or of a particular class or classes, for the purpose of assessment of rent, subject to the following conditions being fulfilled :

(1) 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;

(1) who is not required or permitted to reside on duty at the station at which the residence is supplied to him ;

(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 allowance, or

(4) who sub-lets without permission the residence supplied to him.

(a) may, by general or special order, grant rent-free accommodation to any officer or class of officers, or

(b) may, by special order, waive or reduce the amount of rent 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 of house or property tax, to be recovered from any officer or class of officers.

Note 1. The value of the site should be excluded in calculating the rent of special services.

Note 2. A tenant will not be required to pay meter hire when meters are the property of Government. The cost of meters in such cases is to be included in the capital cost of the buildings for the purpose of calculating rent. Where, as is usually the case, meters are owned and supplied by Municipal bodies or electric companies, a tenant of a Government residence is charged meter rent, by the company or local body concerned, as in the case of any other consumer of electricity.

(i) Pay;

(ii) Payments for the revenue of the State and fees, if such payments or fees are received in the shape of a fixed addition to monthly pay and allowance, as part of the authorised remuneration of a post;

(iii) compensatory allowances, other than travelling allowance and winter allowance whether drawn from the revenues of the State or from a local body;

(iv) pension, other than a pension drawn under the provisions of Chapter IX of the Assam Pension Manual, or compensation received under the Workmen's Compensation Act, 1923 [Now Employees' Compensation Act, 1923], as subsequently amended ;

(v) in the case of a Government servant under suspension and in receipt of subsistence grant, the amount of the subsistence grant; provided that if such Government servant is subsequently allowed to draw pay for the period of suspension the difference between the rent recovered on the basis of the subsistence grant and the rent due on the basis of the emolument ultimately drawn shall be recovered from him.

Note 1. The emoluments of a Government servant paid at piece-work rates shall be determined in such manner as the State Government may prescribe.

Note 2. The emoluments of an officer on leave mean the emoluments drawn by him for the last complete calendar month of duty performed by him prior to his departure on leave.

Note 3. The amount of pension to be taken into account will be the amount originally sanctioned, i.e., before communication, 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 contribution to a Contributory Provident Fund, commuted value of pension, etc.

Allotment of Residences

(a) which is temporarily held by an officer under F.R. 49 in addition to another post, if the officer does not actually occupy the residence ;

(b) the incumbent of which discharges the duties of another post if such duties prevent him from occupying the residence ;

(c) to which an officer has been transferred from another post in the same station, if the officer is in occupation of a residence allotted to such other post and the competent authority does not consider it necessary that he should change his residence ;

(d) in which an officer is officiating for a period not exceeding two months, if the officer is prevented from actually occupying the residence by circumstances which, in the opinion of the competent authority, justify suspension of the allotment.

(a) the lessee shall be approved by the competent authority ;

(b) the sub-tenancy shall not be recognised by Government;

(c) the lessor shall remain personally responsible for the rent and for any damage caused to the residence beyond fair wear and tear ;

(d) the sub-tenancy shall terminate not later than the date on which the lessor ceases to hold the post to which the residence has been allotted ; and

(e) the rent payable by the lessee shall not, except with the previous sanction of the competent authority, exceed the rent payable to Government by the lessor.

(i) when both the lessor and the lessee are entitled to rent-free quarters or house rent allowance in lieu, the lessor will pay to Government an amount equivalent to the higher of the house rent allowances; and

(ii) when the lessor is entitled to rent free quarters or house rent allowance in lieu and the lessee is not so entitled, the lessor will pay to Government an amount equivalent either to the house rent allowance admissible to him or to the rent payable by the lessee if the house had been allotted to him direct by Government, whichever is higher.

(a) the officer, if any, who discharges the duties of the absent officer is responsible for payment of the residence ; or

(b) arrangements are made to let the residence during such temporary absence.

Rent of Government Residences

(a) earth work in raising and levelling and work done in terracing ;

(b) turfing ;

(c) revertments, retaining any compound walls ;

(d) approach roads and paths inclusive of all culverts, drains, steps, guard railings and posts ;

(e) fencing, including zenana fencing and compound walls used as such ;

(f) hedging of all descriptions ;

(g) entrance and wickets gates ;

(h) drains, inclusive of all pucca drains with their approns, and also any Kutcha drains discharging water from the compound ; and

(i) wells and tanks not now used as a source of water-supply by occupant;

Electric Fittings

(a) Lamps of all kinds (excluding bulbs);

(b) Fans including switches and regulators the hire of which is not charged separately; and

(c) Meters, the hire of which is not charged separately.

Sanitary and water-supply fittings

(a) apparatus for hot water supply ;

(b) baths, basins and lavatory equipment; and

(c) meters, the hire of which is not charged separately.

Note. It is the intention of Subsidiary Rule 32 that only those articles which form an integral part of the electric, sanitary or water-supply installations shall be regarded as fittings. Such fittings need not necessarily be fixture, e.g., electric lamps and fans may include movable lamps and fans, but on the other hand, fixtures do not necessarily fall under the head of fittings, unless they are connected with the supply in question. The basins and baths referred to in the rule are intended to cover only fixed lavatory basins and baths of the type generally known as English baths.

(a) for meeting such charges for both ordinary and special maintenance and repairs, the amount estimated by the competent authority to be the probable cost of the maintenance and repairs of the residence (including maintenance and repairs of any additional work done at Government expenses) and all the rates or taxes, if any, payable under any law or custom by the owner to a municipality or other local body, unless the amount of such rates of taxes has been included in the sum paid by the lessor ; and

(b) for meeting such charges for capital expenditure on additions or alterations and for the interest on such capital expenditure, an amount estimated by the competent authority to be sufficient to repay to Government during the period of the lease such charge or such part thereof as the lessor may not have agreed to reimburse to Government, plus interest calculated at the rate fixed by the State Government under sub-Clause (b)(i) of Clause III of F.R. 45-A :-

(i) if no part of such charges is to be reimbursed by the lessor, on half such charges ; or

(ii) if part of such charges is to be reimbursed by the lessor, on half the sum of such charges and the amount to be reimbursed.

(a) the amount estimated by the competent authority to be the probable cost of the maintenance and repairs of the residence (including sanitary, water-supply and electric installations and fittings) plus the amount of the rates of taxes, if any, payable under any law or custom by the owner to a municipality or other local body ; or

(b) if no such estimate has been made, a percentage of the sum taken under Clause II of Fundamental Rule 45-A as the capital cost of the residence, to be fixed by the competent authority and based on the average proportion which the amounts actually charged for such taxes, maintenance and repairs in respect of residence of similar design and with similar conveniences in the same locality bear to the capital cost of such residences.

(a) "probable cost" shall include all charges which may reasonably be expected to the incurred ;

(b) "ordinary repairs" shall include repairs executed annually or periodically, but shall not include special repairs ;

(c) "special repairs" shall include renewal of floors and roofs and other replacements recurring at long intervals ; and

(d) the cost or probable cost of repairs necessitated by the occurrence of fire, flood, earthquake, abnormal storm or other natural calamity shall not be taken into consideration.

(a) the total cost of such additions and alterations shall not exceed 5 per cent of the capital cost on which the standard rent was last calculated; and

(b) such additions and alterations shall be made within five years after the last calculation of the standard rent.

(a) the rent shall, in the case of furniture, be calculated for durable and non-durable articles separately;

(b) the rent shall be expressed as monthly rent and shall be one-twelfth of the amount annually required for the payment of-

(i) interest at a rate to the fixed from time to time by the State Government in this behalf on the capital cost of such services ;

(ii) in the case of furniture, depreciation and repairs ; and

(iii) in the case of such services, other than furniture, maintenance charges; and

(c) if the capital cost of such services is not known, it may be estimated by competent authority.

Note. Rent for furniture, when charged, should be assessed at 9 per cent per annum of the capital cost, which includes interest, depreciation and repair charges.

(a) In the case of electric energy and water, the supply of which is regulated by meters, the charges shall be calculated on the number of units consumed each month as indicated by the meters. The rate of the cost per unit shall be so fixed as to include in addition to such margin of profit to Government as the competent authority may deem reasonable, the amount required for the payment of -

(i) interest at a rate to be fixed by the State Government from time to time in this behalf on the capital outlay incurred on the system up to the point of contract with the interest on installation;

(ii) depreciation and maintenance charges and the capital assets ; and

(iii) actual running expense.

(b) In the case of electric energy and water, the supply of which is not regulated by meter, the charges recoverable shall be fixed at such rates as the competent authority may deem reasonable.

(c) In the case meters, the charges shall be recovered for the period of actual use, subject to minimum of one month and to broken periods being treated as a whole month, at a fixed rate per mensem which shall be one-twelfth of the amount annually required for the payment of-

(i) interest at a rate to be fixed from time to time by the State Government in this behalf on the capital cost of such meters; and

(ii) depreciation and maintenance charges.

(d) If the capital outlay or cost mentioned in Clause (a) (i) and (c) (i) is not known, it may be estimated by the competent authority :

Honoraria

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.

(b) "Honoraria" - The State Government may grant or permit a Government servant to receive an honorarium as remuneration for work performed which is intermittent or occasional 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 prior consent of the State Government and its amount has been settled in advance.

(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 F.R. 11, and shall record also the reasons which in his opinion justify the grant of the extra remuneration.

(a) No work or class of work involving the acceptance of fees may be undertaken on behalf of a private person or body or public body or Indian State except with the knowledge and sanction, whether general or special, of a competent authority prescribed by the State Government under whom the Medical Officer is serving.

Note. The Government of Assam have prescribed the Inspector General of Civil Hospitals and the Director of Public Health, Assam to be competent authority under this rule who should certify in writing that the work does not interfere with the official duties of the Medical Officer concerned.

(b) In cases where the fee received by the Medical Officer is divisible between himself and Government, the total amount should first be paid into the Government treasury, the share of the Medical Officer being thereafter drawn on a refund bill in Civil Account Code Form No. 17. In such cases a complete record or the works done and the fees received should be kept by the Medical Officer.

Note. The above procedure will not apply to fees for examination by a Medical Board for commutation of pension or of candidates in respect of appointments to All-India services and technical post, one-fourth of which only will be credited to Government and the balance will be paid to Medical Board in cash by examinee at the time of the medical examination as laid down in the Government of India, Education, Health and Land Department letter No. F. 109/32-H. dated the 8th July, 1932 and No. F-16-11/38-H, dated the 8th June, 1938.

(c) For private bacteriological, pathological and analytical work carried out in Government laboratories and in the Chemical Examiner's Department, 40 per cent of the fees should be credited to Government, the remainder (60 per cent) being allowed to the Director of the Laboratory or the Chemical Examiner as the case may be, who may divide it with his assistants and subordinates in such manner as he considers equitable. No payment should, however, be made to officers from the sale proceeds of those vaccines which are used on a large scale for prophylactic purposes, for example T.B. Cholera, Influenza and Plauge vaccines.

Note 1. The bacteriological and microscopical examinations which are required to connection with the investigation of the cases of persons entitled to free medical attendance should be conducted free of charge ; provided that they are carried out under the following conditions, namely, at the hospital or Government institution with its own staff equipment and apparatus and in the ordinary course of its work.

Note 2. This clause does not apply to Lt. Col. L.A.P. Anderson, I.M.S. or Lt.Col. J.L. Sen, I.M.S. so long as they continue to hold the posts of Director, Pasteur Institute and Medical Research Institute, Shillong and Superintendent, Berry-White Medical School Dibrugarh, respectively. They will be governed by the rules contained in the Government of India's letter No. 1300- Health, dated the 20th November, 1924.

(d) The rates shown in Appendix 8 are maximum which a Medical Officer will be free to reduce or remit, if he is entitled to appropriate them himself. In cases where the fee is divisible between the Medical Officer and Government, the former may charge lower rates in special cases where he considers it necessary either owing to the pecuniary circumstances of the patient or for some other reason of public interest, and the share of Government will be calculated on the basis of the fee actually realised instead of the prescribed fee, provided the approval of Government is obtained by a general or special order in this behalf.

Note. Under this rule general orders have been issued that the Director, Pasteur Institute, Shillong and the Superintendent, Berry-White Medical School, Dibrugarh, may accept such reduced sum as they find the patient capable of paying, when specimens are sent by the Officer-in-charge of Hospital maintained by a recognised mission or of the Ganesh Das Hospital, Shillong, with the report that the patient is unable to pay the full fees. He should, however, satisfy himself that similar concessions are made by the Hospital itself to such patients.

(a) If an officer is summoned by the court at the instance of the State, he should be treated as being on duty and he should be allowed to draw his travelling and subsistence allowance if the court is situated away from his headquarters; if the Court is situated at his headquarters, he should not be paid anything.

Note. No travelling and subsistence allowance shall be admissible unless the Court is situated at a distance of more than ten miles from the officers' headquarters.

(b) If such an officer is summoned by the Court at the instance of a private person or party, such attendance at Court should be regarded as private practice of the nature of expert evidence and should be regulated as follows :

(i) The Officer may accept such fees as the Government under whom he is serving may permit him to accept having regard to his eminence in medical profession, the importance of the case and the distance of the Court from his headquarters.

(ii) In each case the officer should apply to Government for sanction in the same way, as, for example, an officer has to obtain permission of Government for accepting fee.

(iii) The Government would, in according permission, be at liberty to recover from the fee such amount as may be considered reasonable for the loss of the officer's time in the event of his attendance at the Court interfering with the performance of his official duties.

(iv) The officer's travelling and subsistence allowance would be paid by the private person or party at whose instance he may be summoned.

I. Items 1 and 2. - (a) Medical Officer holding appointments as Civil Surgeons are authorised to charge the same rates as those prescribed for Indian Medical Service Officers.

(b) Civil Assistant Surgeons may charge half of the above rate.

(c) Sub-Assistant Surgeons may charge one quarter of the above rates.

II. Item 3. - Medical Officers holding appointments as Civil Surgeons may claim a fee of Rs. 16, Assistant or Sub-Assistant Surgeons a fee of Rs. 4 for each day's attendance.

III. Items 4-7. - These items apply only to Civil Surgeons, who will be entitled to receive the same fees as Indian Medical Service Officers.

IV. Items 9-10. - (1) The maximum rate of fees laid down for such examinations carried out by Indian Medical Services Officers shall also apply in the case of all other Medical Officers including Sub-Assistant Surgeons. The entire amount of the fees should first be created into the Treasury and 60 per cent of it payable to the Government servants undertaking the work, shall be drawn.

(2) The rules framed by the Government of India [vide Order No. (3) below F.R. 46-A in Section III of this volume] to govern the acceptance of fees by Indian Medical Services Officers in civil employ for giving evidence in a Court of Law have been adopted by the Government of Assam in respect of Government servants under their rule-making control.

Note. Where the officer's presence in Court for giving evidence entails absence during the usual working hours in the hospital or laboratory such portion not exceeding 60 per cent of the fee as Government may, in according permission, fix after taking into consideration the degree of interruption involved in each case, shall be credited to Government in accordance with the procedure laid down in Clause (b) of the Government of India's Order No. (2).

Note 1. (a) Sanction has been given to the acceptance of remuneration by (a) Government officers of the Education Department appointed as Paper-setters, Moderators and Examiners, Scrutinisers, Supervising Officers, Officer-in-charge, etc. on the scale approved from time to time in respect of Examinations or Tests held by the Universities of India, or by Department of Education or by any Board or Committee in the State constituted or approved by the Government; or by any institution under the control of the Government.

(b) Educational Officers, other than Deputy Inspectors and Sub-Inspectors of Schools from local and Municipal Boards for setting and moderating question papers and examining answer papers of the Primary Scholarship Examination conducted by these Boards at the rates fixed from time to time.

(c) Educational Officers, including Deputy Inspectors and Sub-Inspectors of Schools appointed as Invigilators and Superintendents of Primary Scholarships Examination held during holidays ; provided that they do not receive any remuneration for similar work in connection with any other examination held simultaneously, at rates fixed from time to time.

(d) Persons who are permitted to act as Supervisors or Invigilators in connection with examinations held by the Central Public Service Commission at their State centres at prescribed rates.

(e) Sanction has also been given to the acceptance of remuneration by the Electrical and Factory Inspector, appointed as examiner for technical subjects of the Prince of Wales Technical School, Jorhat and the Surma Valley Technical School, Sylhet on the scale fixed from time to time.

(f) Sanction has also been given to the acceptance of remuneration by Government servants appointed as Paper-setters, Examiners and Invigilators in connection with examination held by the Assam Public Service Commission at prescribed rates. These do not apply to Members of the Commission nor do the invigilation fees apply to Members of All-India or State Services, save for such work conducted on public holiday.

Note 2. A fee of Rs. 48 is payable to Civil Surgeon for inspection of each tea garden on the unhealthy list.

Note 3. A reward of four annas is admissible for each conviction obtained to vaccination staff instituting proceedings.

Note 4. On every death certificate issued by the Sub-Inspector of Police in charge of the thana he will be entitled to a fee of Re. 1.

Note 5. A Sub-Assistant Surgeon may be remunerated at the rate of Rs. 15 and an Assistant Surgeon at the rate of Rs. 20 for each set of lectures on ambulance work, and for examination at annas eight for each candidate, if recognised classes are held.

In the case of the Murarichand College Centre the minimum charge for examination will be Rs. 6. The examination will not be held by the lecturer.

This does not apply to Sub-Assistant Surgeons in whole time charge of Jail Hospitals, Police Hospitals and Government Hospitals, who are not entitled to remuneration for classes held in the institutions of which they are in medical charge.

Note 6. The Sub-Assistant Surgeon at Haltugaon and Kachugaon may be paid by the Conservator of Forests remuneration up to a maximum limit of Rs. 20 in each case in any month for the treatment of elephants belonging to the Forest Department in emergent cases when the Veterinary Assistant attached to the Forest Department is absent.

Note 7. Officers of the Jail Department may be granted the reward offered for the capture of escaped prisoners or re-capture of escaped undertrial prisoners.

Note 8. The Inspector (Subedar), Armed Police Reserve Sub-Inspector and Drill Inspector in charge of training the Jail staff in drill and musketry may be granted allowance at the following rates for each Assistant Jailor, Head Warder and Warder trained under the Armed Police at district and sub-divisional headquarters:

Inspector (Subedar)	Rs. 5 p.m.
Armed (Branch) Sub-Inspector	Rs. 4 p.m.
Drill Inspector	Rs. 2 p.m.

Honoraria at the aforesaid rates are also admissible to these officers for each police recruit trained by them. The honoraria will be drawn and disbursed by the Superintendent of Police of the district concerned, subject to the general control of the Inspector-General of Police who may disallow any payment either wholly or partially if he is not satisfied with the quality of the training given.

The above rates are admissible for the course of initial training. Half of the above rates will be allowed for the refreshal course of training.

Note 9. Veterinary Assistants are authorised to accept fees from private persons at the rates laid down in the departmental rules.

(1) Subordinate Officers for the purposes of these rules, or Officers other than officers of the All-India or the State Services or Officers holding posts which have been declared to be "special posts".

(2) Any Subordinate Officer who, in the opinion of a Commissioner, is a Head of a Department or a Political Officer, should be acquainted with any language spoken in the hill district or Frontier Tract in which he is serving, may (provided the language is not the candidate's native language or a language naturally acquired by the candidate at his home) be permitted by that authority to sit for an examination in the language and if he passes will be eligible for a reward.

(3) The examination will consist of a practical (colloquial) test to be conducted under the orders of a Commissioner, Head of Department or Political Officer who may prescribe the test suitable for the different classes of officers under him and determine how the examination is to be conducted.

(4) The result of the examination will be sent to the officer under whose order the examination was conducted and such officer is empowered, subject to budget provision, to grant the prescribed reward to the successful candidate or candidates.

(5) The reward will be equivalent to two months' pay of the officer to whom it is granted subject to a maximum of R. 100 (Rupees hundred only).

(6) When a Commissioner or Head of a Department or a Political Officer considers in the case of any officer to whom these rules apply, that it is desirable that an officer should have a written knowledge of the language, the examination prescribed in Rule 3 will also include a written test in which the officer will be required-

(a) to write down sentence spoken in the tribal language or a conversation held between two of them and to explain the sentences or the conversation correctly in English ; and

(b) to translate without assistance from English or his mother tongue into the tribal language sentences which are not of very much or more difficult nature than those described in Clause (a). The translation must be substantially correct and intelligible to a native whose language he is writing. When an officer passes such an examination, the maximum limit of the reward may be Rs. 300 (Rupees three hundred only).

Note. The rewards prescribed in Sub-Clauses (5) and (6) (b) are, until further orders reduced to a maximum of Rs. 50 (Rupees fifty only) and Rs.150 (Rupees one hundred and fifty only), respectively.

(1) All Government servants of the Provincial and Subordinate Services when admitted to a Government or a Local Board hospital and which they may under departmental rules or orders admitted, shall be entitled without payment of fees to medical and surgical attendance and to all the services normally provided by the hospital with its own staff apparatus and equipment ; provided that such services are recommended by the authorised medical attendant. They will be required to bear themselves any charges which may be fixed under the rules of the hospital for diet and special accommodation :

(2) If it is necessary for a Government servant of a State and Subordinate Services to be admitted to a hospital which is not maintained by Government or a Local Board, in accordance with departmental rules, he may, on production of a medical certificate to this effect from the Civil Surgeon of the district in which his headquarters are situated, countersigned by the Inspector General of Civil Hospitals, recover the following charges as may be imposed by that hospital, from Government:

(1) For the purposes of these rules patients will be classified as follows :

Class A. - Persons drawing a salary, or whose total income is estimated to be not less than Rs.600 per mensem.

Class B. - Persons drawing a salary, or whose total income is estimated to be not less than Rs. 200 per mensem.

Class C. - Persons whose salary, or estimated income is not less than Rs. 60 per mensem.

Class D. - Indigent persons.

(2) No charge will be made for the treatment of indigent persons.

(3) Tea garden coolies and persons sent in any employer for X- Ray or electrical treatment will be granted facilities if there is a definite necessity for the radiogram or treatment, and will be charged for under Class B, the bill being rendered to the employer.

(4) Radiogram taken only for the purpose of school instruction will not be charged for.

(5) The fees levied in the cases of Classes A and B will be divided equally between Government and the operator and staff. The Superintendent has discretion to waive or adduce the charge in any case where he is satisfied for reasons to be recorded in writing that it would be a hardship ; provided that any recovery is credited to Government up to the Government share. All flat rate fees will be credited in full to Government.

(6) The scale of fees will be as follows :

Note. No fee is chargeable for radiographic and electro-therapeutic treatment of Government servants other than examination in connection with dental treatment carried out at the instance of the authorised Medical Officer.

30 per cent to Government,

60 per cent to the Operator,

5 per cent to the Anaesthetist,

5 per cent to other Assistants.

(i) The total fee must be paid into the Government Treasury, the share of the staff being thereafter drawn on a refund bill in Assam Treasury Rules Form No. 18.

(ii) When the Civil Surgeon reduces the fee in special cases the shares of Government will be calculated on the basis of the fees actually realised.

(1) no recruit who has not passed in drill shall be so employed ;

(2) such employment shall in no way interfere with the regular course of drill or instruction in musketry of the men employed or diminish the number of ordinary parades ;

(3) subject to budget provision each constable shall receive four annas per diem, and each constable or Assistant Sub-Inspector of Police employed as Overseer six annas per diem, as working allowance from the Police Department, subject to a maximum of Rs. 6 and Rs. 9 a month respectively;

(4) the ordinary working hours shall be from 10 a.m. to 4 p.m. but undue exposure to heat or rain shall not be allowed, nor in any case shall the work commence before 10 a.m. or to be carried on after 4 p.m.

(5) the charges will be classified, as the case may be, either under (a) "petty repairs" or (b) "petty construction" and a complete daily muster roll will be maintained by the Officer-in-charge, police station, outpost, reserve or beat house, and sent to the office of the Superintendent of Police for payment ;

(6) this will in no way supersede the existing Rule III-54 of the Assam Police Manual.

(a) the premium awarded for any essay or plan in public competitions;

(b) any award offered for the arrest of a criminal or for information or special service in connection with the administration of justice ;

(c) any reward payable in connection 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 customs and exercise law ; 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.

Chapter VI

Combination of Appointments

(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:

(b) where a Government servant is formally appointed to hold charge of higher 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 the highest post if he holds charge of more tan 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:

(c) no additional pay shall be admissible to a Government servant who is appointed to hold current charge of the routine duties of a higher post irrespective of the duration of the additional charge ;

(d) where a Government servant is formally appointed to hold dual charge of two posts in the same cadre in the same office carrying identical scales of pay, no additional pay shall be admissible irrespective of the period of dual charge :

(e) where a Government servant is allowed to perform duties of a lower post or posts no additional pay shall be allowed for performing the duties of the lower post or posts ;

(f) 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 :

Chapter VII

Deputation Out of India

Note. bee the Secretary of State's Order (2) below F.R.50 in Section III. The State Government have decided to adopt a similar system for officers under their rule making control.

Note. The Secretary of State has decided to adopt the following system in dealing with cases where Officers belonging to the All India Service who are on leave in United Kingdom attend Conferences/Congresses there, or on the contingent, whether an official representative of the President or of a Government, or as unofficial visitors-

(1) officers who are nominated as official representatives of the President or of a State 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, London, will be prepared to render him such service as recommending him as a visitor to the Congress Authorities.

Pay

(1) The pay granted shall not exceed the pay which the officer would draw if he were on duty in India.

Allowances

(2) Compensatory, travelling and halting allowances will be governed by the rules in force at the time regulating the grant of such allowances 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 :

Note. The provisions of F.R. 51 will also apply to officers appointed on short term contract.

(ii) The following rules shall regulate the deputation out of India of subordinate police officers.

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

(b) with actual travelling expenses, and a subsistence allowance not exceeding the following scale, while in any country outside India :

Note. The words "an officer of the Inspector class" referred to in sub-Clause (b) include a Sub-Inspector.

(iii) The grant of a return passage to India on conclusion of a deputation is conditional on an officer's return to duty forthwith on the conclusion of the deputation, unless an arrangement to the contrary effect should be specially permitted at the time the deputation closes, or about to close, and the proposed leave begun.

* * * * * *

(iv) Officer placed on deputation while leave out of India may, if average pay leave would otherwise be admissible, covert deputation into leave on average pay plus an honorarium of 1/6th of Indian pay on the condition that the cost of passage both from and to India borne by the officer.

(v) Officers subject to the leave rules in the Civil Service Regulation are eligible for the privilege of consuming leave during depution, should they so desire, and of receiving an honorarium of 1/6th of their pay. In their case leave on full pay would take the place of leave on average pay.

Chapter VIII

Dismissal, Removal and Suspension

(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 :

(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant;

(ii) the amount of subsistence allowance may be reduced by a suitable amount not exceeding 50 per cent of the subsistence allowance admissible during the period of first three months, if in the opinion of the said authority the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the Government servant;

(iii) the rate of dearness allowance will be based on the increased or, as the case may be, decreased amount of subsistence allowance admissible under sub-Clauses (i) and (ii) above;

(b) any other compensatory allowances admissible from time to time on the basic pay of which Government servant was in receipt of on the date of suspension subject to fulfilment of other conditions laid down for drawal of such allowances :

State Government Memos Under F.R.53

(a) regarding the pay and allowances to be paid to the Government servant for the period of his absence from duty including the period of suspension preceding his dismissal, removal or compulsory retirement as the case may be ;

(b) whether or not the said period shall be treated as a period spent on duty.

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 the temporary Government servant; and

(b) leave of any kind in excess of five years in the case of permanent or quasi-permanent Government servant.

Note 2. In the case falling under sub-Rr. (4) and (5) of F.R.54 the competent authority may pay such proportion of such pay and allowances as is admissible under F.R.53 read with sub-Rule (7) F.R. 54 with prior concurrence of Finance Department.

(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) Rule 54.

(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.

Note 1. 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 servant; and

(b) leave of any kind in excess of five years in the case of permanent or quasi-permanent Government servant.

Note 2. In a case falling under sub-Rr. (5) and (7) of F.R.54-B, the competent authority may pay such proportion of such pay and allowances as admissible under F.R.53 read with sub-Rule (9) of F.R.54-B with prior concurrence of Finance Department.

Administrative Instructions

Government of Assam

Finance Department : Establishment Branch

Office Memorandum

(1) An order of revocation of suspension shall take effect from a prospective date to be specified in the order of revocation itself.

(2) Such an order shall be served on the suspended Government servant in person or communicated to him by registered post.

(3) If the suspended Government servant at the time of service of the order of revocation of suspension in person is residing in a station where he is required to resume his duties on the specified date fails to do so on the specified date, then he shall be deemed to be absent without authority within the meaning of F.R.17 from the specified date mentioned in the revocation order unless the authority competent to grant him leave decides otherwise.

(4) If at the time of revocation of the suspension order, the suspended Government servant is residing at a station elsewhere than his headquarters with the permission of the appointing authority or he is transferred or posted at a new place/station then such joining time as is admissible to Government servant on transfer shall be allowed if he resumes his duties within such joining time from the date mentioned in the revocation order effecting revocation of suspension, otherwise he shall be deemed to be absent without authority from the specified date mentioned in the revocation order within the meaning of F.R.17 unless the authority competent to grant him leave decides otherwise.

(5) An order of revocation of suspension should also indicate the station of posting of the Officer so that might go and assume charge of the office. If the order revoking suspension does not indicate the place of posting he would not be in a position to assume charge of any office though the suspension has been removed.

(6) The date of revocation of suspension is to be specified in the revocation order, should be fixed taking into consideration the normal and usual time that will be required to reach the order in the hands of the Government servant and also the practicability of joining within the specified date.

Joint Secretary to the Government
of Assam

Note. Officiating arrangement is permissible in place of officers under suspension.

Chapter IX

Compulsory Retirement

(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 a Government servant by giving him notice of not less than three months in writing or three months pay and allowance in lieu of such notice after he has attained fifty years of age or has completed 25 years of service whichever is earlier.

(c) Any Government servant may, by giving notice of not less than three months in writing to the appropriate authority, retire from service after he has attained the age of fifty years or has completed 25 years of service, whichever is earlier.

Note. The term 'appropriate authority' referred to in the above clauses means the authority which has the power to make substantive appointments to the post or service from which the Government servant is required or wants to retire.

Note 1. This rule does not apply to a Government servant who is appointed to be Chairman or a Member of the Public Service Commission whose tenure of office and conditions of service are determined by regulation made by Governor in his discretion in exercise of the powers conferred on him by sub-Section (2) Section 265 and sub-Section (3) of Section 266 of the Act (Appendix 10).

Note 2. The grant, under F.R.86, of leave extending beyond the date on which a Government servant must compulsorily retire or beyond the date up to which a Government servant has been permitted to remain in service, shall not be treated as sanctioning an extension of service, and the Government servant shall not be permitted to retain a lien on his permanent post or any other post during the period of such leave.

Note 3. The purpose of F.R.56 is not to confer upon Government servants any right to be retained in service up to a particular age, but to prescribe the age beyond which they may not be retained in service.

Note 4. An inferior Government servant shall retire when he attains the age of 60 years :

Provided that such a Government servant appointed before the 1st April, 1936, may continue in service until he ceases to be physically and mentally fit.

Note 5. The term "appropriate authority" referred to in the above clauses means the authority which has the power to make substantive appointments to the post or service from which the Government servant is required or wants to retire.

Note 6. The competent authority for drawal of advance pay and allowances in respect of Government employees both gazetted and non-gazetted to whom three months' pay is to be made available in lieu of three months' notice on being compulsorily retired as envisaged in F.R. 56 (d) of Assam Fundamental Rules and Subsidiary Rules shall be the controlling officer or the next higher officer when the officer involved is his own controlling officer in respect of T.A. etc. The 'pay' so allowed would be the pay he would have drawn had he continued in the post for the next three months and be drawn in the Establishment Bills. Any outstanding Government dues in respect of the officer shall be adjusted against this advance pay and from his/her gratuity as and when sanctioned and the existing practice of pre-auditing of last pay bill in respect of retiring Government employees shall not be applicable in respect of pay to be drawn in lieu of notice.

The last pay certificate of the officer should invariably be attached to the pay bill to be prescribed to treasury as per aforesaid procedure.

Part V

Chapter X

Leave

Note. The previous service of men in the Assam Rifles will not count for leave on their re-enlistment in the civil police.

(b) A Government servant who is dismissed or removed from the public service, but is re-instated on appeal or revision, is entitled to count his former service for leave.

Compensatory Leave to Local Auditors

Authorities empowered to grant leave

Note. The provision in the second sentence of this rule applies only to cases falling under F.R. 105 (c) in which joining time is granted to Government servants returning from leave out of India more than four months duration.

Combination of holidays with leave and joining time

(a) his transfer for assumption of charge does not involve the handing or taking over of securities or of moneys other than a permanent advance;

(b) his early departure does not entail a corresponding early transfer from another station of a Government servant to perform his duties;

(c) the delay in his return does not involve a corresponding delay in the transfer to another station of the Government servant who was performing his duties during his absence or in the discharge from Government service of a person temporarily appointed to it.

Note 1. The provisions of proviso (a) apply both to the responsible officer and to the officer in executive charge of Treasury.

Note 2. The State should not be put to any extra expense in consequence of the absence of a Government servant during holidays on casual leave.

(a) if holidays are prefixed to leave, the leave and any subsequent re-arrangement of pay and allowances take effect from the first day after the holidays ; and

(b) if holidays area affixed to leave or joining time, the leave or joining time is treated as having terminated on, and any consequent re-arrangement of pay and allowances takes effect from, the day on which the leave or joining time would have ended if holidays had not been affixed.

(1) no additional expense is incurred by the State for the period of vacation;

(2) vacation is not both prefixed and affixed to leave ;

(3) when a vacation is taken in conjunction with leave on average pay in combination with other leave, the total period of leave on average pay and vacation should not altogether exceed eight months in the case of officers under the special leave rules and four months in the case of officers under the ordinary leave rules.

Note 1. District and Sessions Judges may avail themselves of the Court vacation and may combine them with regular leave whenever such a combination can be arranged so as to involve no additional expenditure, subject further to the conditions (i) that suitable arrangement should in each instance be proposed by the District and Sessions Judges concerned approved by the High Court, and made for the disposal during vacation of any criminal work requiring attention, and (ii) that a District and Sessions Judge should obtain the express permission of Government to avail himself without prejudice to his regular leave of so much of the vacation as is not needed for the disposal of criminal business.

Note 2. In the case of Government servants not covered by this rule vacation cannot be treated as recognised holidays for the purpose of F.R.68.

Note 1. This rule does not apply to casual literary work to service as an examiner or similar employment nor does it apply to acceptance of foreign service, which is governed by Rule 110.

Note 2. This rule does not apply where a Government servant has been allowed to take up a limited amount of private practice and service fees therefor as part of his conditions of service, e.g., where a right of private practice has been granted to a Medical Officer.

Note 3. The grant of leave preparatory to retirement to an officer in foreign service may not be coupled with permission to continue in the service of the same employer during that leave.

Note 4. Though grant of permission to take up private employment during the leave on medical certificate is technically covered by the provisions of F.R. 60, it is not the intention that the leave which can be obtained on the strength of the medical certificate should be allowed to a Government servant the state of whose health enables him to earn a competence by private employment. Fundamental Rule 69 should not be construed as permitting a Government servant who avails himself of leave on medical certificates to undertake regular employment during such leave.

(a) When a Government servant who has proceeded on leave preparatory to retirement before the date of compulsory retirement is required for employment during such leave in any post under the Central Government, in a outside India, and he is agreeable to return to duty, he will be recalled to duty and the unexpired portion of his leave from the date of re-joining duty will be cancelled. The leave so cancelled will be treated as refused and subject to the provisions of F.R.86, it may be granted from the date of compulsory retirement of the Government servant. Such recall will be treated as optional for the purpose of F.R.70.

(b) When a Government servant is employed in any post under the Central Government, while he is on leave under F.R. 86, he may continue to enjoy his leave concurrently with such employment but his salary, which may be drawn in addition to pay of the post in which he is employed, will be restricted as follows :

(i) in the case of Government servant eligible for pension, the amount of pension inclusive of pension equivalent of any retirement gratuity admissible under the new pension scheme which, it is anticipated will be admissible to him on retirement. No subsequent re-adjustment will be made on the basis of the actual amount of pension inclusive of gratuity finally sanctioned ; and

(ii) in the case of a Government servant not eligible for pension, to the leave salary admissible in respect of leave on half average pay.

(c) The leave salary of a Government servant who is permitted, during leave preparatory to retirement before attaining the age of superannuation, or during leave under F.R.86, to take up employment under a State Government, or under a private employer or employment payable from a Local Fund, will also be restricted during such employment as in (b) above.

(a) if the leave from which he is recalled is out of India-

(i) to receive a free passage to India ; and provided that he has not completed half of the period of his leave by the date of leaving for India's on recall of three months, whichever period is shorter, to receive a fund of the cost of his passage from India ;

(ii) to count the time spent on the voyage to India as duty for purposes of calculating leave ; and

(iii) to receive salary during the voyage to India, and for the period from the date of landing in India to the date of joining his post to be paid leave salary at the same rate at which he would have drawn it had he not been recalled but returned in the ordinary course on the termination of the leave, and for the latter period travelling allowance under the rules made in that behalf under Rule 44.

(b) if the leave from which he is recalled in India, to be treated as on duty from the date on which he starts for the station to which he is ordered, and to draw travelling allowance under rules made in this behalf under Rule 44 for the journey, but to draw until he joins post leave salary only.

Note 1. In all cases of recalling an officer from leave out of India the orders should be communicated to him through the High Commissioner for India and should state whether return to duty is optional or compulsory as required by the rule.

Note 2. For rules relating to travelling allowance admissible under this rule, see S.Rr. 269 and 270. .

Note. The Government of Assam have decided that the provisions of F.R.71 being mandatory and not permissive, the production of a certificate of fitness is essential before a Government servant rejoins his duties on the expiry of leave on medical certificate.

"We certify that we have carefully examined CD, of the Department..... and find that he is in good health and fit to return to his duty in India."

Signature of applicant

Note. A certificate under S.R. 88 is equivalent for all practical purposes to a certificate from a Medical Board and such cases are not excluded from the operation of the decision mentioned above.

President's Decision

(a) If the officer is in superior service-

(i) as leave on private affairs to the extent such leave is due, unless the over the-stayal is supported by a medical certificate ;

(ii) as leave on medical certificate to the extent such leave is due, if the over-stayal is supported by medical certificate;

(iii) as extraordinary leave to the extent the period of leave due on private affairs and/or on medical certificate falls short of the period of over-stayal;

(b) if the officer is in inferior service-as in (a) (ii) and (iii) above mutatis mutandis.

(i) in making application for leave and for permission to return from leave;

(ii) in granting leave ;

(iii) in the payment of leave-salary ; and

(iv) in the maintenance of record of service.

Note. Appendices 13 and 14 contain respectively the rules made (1) by the Auditor-General of India ; and (2) by the President prescribing the procedure to be followed elsewhere than in India.

The latter rules have also been adopted by the State Government as applicable to persons serving in connection with the affairs of the State.

Leave Accounts

Note. The form prescribed by the Auditor-General of India for leave account of Government servant under the ordinary leave rules in Assam Fundamental Rules, Form No. 1.

Application for leave

Medical Certificates

Medical Certificate for Gazetted Officers

I,..................Civil Surgeon of/Medical Officer at or of.....................after careful personal examination of the case hereby certify that............... is in a bad state of health and I solemnly and sincerely declare that according to the best of my judgement a period of absence from duty is absolutely necessary for the recovery of his health and recommend that he may be granted month leave with effect from...........

Civil Surgeon
or Official Medical Attendant

Note 1. This form should be adhered to as closely as possible and should be filled in after the signature of the applicant has been taken. The certifying officer is not at liberty to certify that the applicant requires a change from or to a particular locality, or that he is not fit to proceed to a particular locality. Such certificates should only be given at the explicit desire of the administrative authority concerned to whom it is open to decide when application on such ground has been made to him, whether the applicant should go before a Medical Board to decide the question of his fines for his service.

Note 2. The term "Approved Registered Medical Practitioner" mentioned in this rule includes approved registered Ayurvedic Physicians under the employment of the Government and who are diploma holders.

President

Members

Note. In the case of leave for a period not exceeding two months the certificate prescribed in S.R. 79 shall be considered sufficient.

Form

"CD having applied to us for a medical certificate recommending the grant to him of leave, we consider it expedient, before granting or refusing such a certificate to detain CD under professional observation for.....days".

(1) (a) a certificate signed after personal examination by the Civil Surgeon of the district;

OR

by the Sub-divisional Medical Officer of the sub-division and countersigned by the Civil Surgeon of the District, where the officer is serving; or

(b) a certificate signed by a Civil or Presidency Surgeon or a Medical Officer-in-charge of a sub-division other than the Civil Surgeon or Medical Officer of the district or sub- division where the officer is serving, and countersiged by the District Officer of the district where the officer is serving ;

(c) notwithstanding anything contained in sub-Rule. (1) the authority competent to sanction leave may dispense with the procedure laid down in Rr. 80 and 81-

(i) where the leave recommended by the authorised medical attendant is for a period exceeding two months and he certifies it in his opinion it is necessary for the applicant to appear before a Medical Committee; or

(ii) the applicant is undergoing treatment in a hospital as an indoor patient and the leave is recommended by the Medical Officer-in-charge of the case in the hospital not below the rank of Civil Surgeon or Staff Surgeon for the period of hospitalisation or convalescence. [Sub-rule (2) not printed or inserted]

Form

Medical certificate for non-Gazetted Officers recommended for leave or extension or commutation of leave

I,............ after careful examination of.........the case hereby certify that......whose signature is given above, is suffering from........ and I consider that a period of absence from duty of....... with effect from....... is absolutely necessary for the restoration of his health.

Government Medical attendant or
other registered practitioner

Note 1. The nature and probable duration of the illness should be specified.

Note 2. This form should be adhered to as closely as possible, and should be filled in after the signature of the applicant has been taken. The certifying officer is not at liberty to certify that the applicant requires a change to (or from) a particular locality, or that he is not fit to proceed to a particular locality. Such certificates should only be given at the explicit desire of the administrative authority concerned, to whom it is open to decide, when an application on such grounds has been made to him, whether the applicant should go before a Medical Board to decide the question of his fitness for service.

Note 3. The term "Approved Registered Medical Practitioner" mentioned in this rule includes approved registered Ayurvedic Medical Physicians under the employment of Government and who are diploma holders also.

Second Medical Opinion (if called for by the authority competent to sanction leave)

Agency or Civil Surgeon

Note. Should a second medical opinion be required the leave sanctioning authority should arrange for the second medical examination to be made at the earliest possible date. The Agency or Civil Surgeon's opinion, both as to the facts of illness and the necessity of the amount of leave applied for, should be recorded. He may require the applicant to appear before him or before Medical Officer nominated by him.

(a) the Government servants who can, for the time being, best be spared ;

(b) the amount of leave due to the various applicants ;

(c) the amount and the character of service rendered by each applicant since he last returned from leave ;

(d) the fact that any such applicant was compulsorily recalled from his last leave;

(e) the fact that any such applicant has been refused leave in the public interest.

(a) If the Medical Committee is unable to say with certainty that the Government servant will never be fit for service in India again, leave not exceeding twelve months in all may be granted. Such leave should not be extended without a further reference to a Medical Committee.

Note. In the case of a Government servant who is granted leave under this rule and who subsequently returns to duty, the leave should be treated as leave on medical certificate for the purpose of the proviso to F.R. Rule 81 (b) (ii);

(b) If the Medical Committee declares the Government servant to be completely and permanently incapacitated for further service the Government servant should, except as provided in Clause (c) below be invalidated for the service, either on the expiration of the leave already granted to him, if he is on leave, when examined by the committee, or if he is not leave, from the date of the committee's report;

(c) A Government servant declared by a committee to be completely and permanently incapacitated may, in special cases, be granted leave, or an extension of leave not exceeding six months is debited against the account, if such leave be due to him. Special circumstances justifying such treatment may be held to exist when the Government servant's break down in health has been caused in and by Government service, or when the Government servant has taken a comparatively small amount of leave during his service, or will complete at an early date an additional year's service for pension.

Departure on leave

Return from leave

Payment of leave salary

Note. Other rules on the subject will be found in paragraphs 6-12 of the instructions issued by the Auditor-General of India under F.R. 74, vide Appendix 13.

Record of service

Gazetted Government servant

Note 1. Circle Sub-Deputy Collectors are heads of offices for the custody of the service books of mandals or patwaris only.

Note 2. Annual establishment return should be submitted to the Audit Office in the case of police officers of the rank of Inspector and Sub-Inspector.

Note 1. The Deputy Commissioner, Garo Hills, may delegate to the Deputy Inspector of Schools the power to sign the front page, and to make attestation in respect of entries made in subsequent pages, of the service rolls of the teachers of the vernacular schools of the district.

Note 2. In the case of contingency materials who may be granted leave with or without allowance by the head of the office on the analogy of S.R. 127, a service roll should be kept in form specially prescribed for the purpose.

Section III-Special and Ordinary Leave Rules

Section IV-Grant of Leave

(i) if he be under the special leave rules, five-twenty-seconds of the period spent on duty; and

(ii) if he be under ordinary leave rules, two-elevenths of the period spent on duty.

(a) the actual period of leave on average pay, but excluding special disability leave on average pay under F.R. 83 (7); and

(b) half tire period of leave on half average pay other than special disability leave or one quarter average pay or of special disability leave on average pay under F.R. 83 (7) (b).

(a) The maximum amount of leave which may be granted, expressed in terms of leave on average pay is the privilege which it was permissible to grant to the Government servant in question, on the 1st January, 1922 under the rules applicable to him prior to that date; plus

(i) in the case of Government servant under the special leave rules, three years; or

(ii) in the case of Government servant under the ordinary leave rules, two and a half years :

(b) The maximum amount of leave on average pay including any furlough on average salary taken under rule in force prior to 1st January, 1922 but excluding special disability leave on average pay under F.R. 83 (7) (a) which may granted is-

(i) to a Government servant under the special leave rules, eight months at any one time,

(ii) to a Government servant under the ordinary leave rules, four months at any one time,

Note. (1) The expression "other than leave preparatory to retirement" in the proviso above has effect from the 10th August, 1937.

(2) Officers subject to the ordinary leave rules who take advantage of the said proviso when applying for leave on average pay on medical certificate are required to give an undertaking that they will refund the difference between average pay and half average pay for the period of leave on average pay which would not have been admissible had the proviso in F.R. 81 (b) I(ii) not been applied if they subsequently decide to retire at the end of the leave, or of an extension of that leave, but the question whether the officer concerned should be asked to refund the amount drawn in excess as leave salary should be decided on the merits of each case, i.e., if the retirement is voluntary, refund should be enforced, but if the retirement is compulsory thrust upon the officer by reason of ill-health incapacitating him for further service, no refund should be taken.

(c) Save in the case of leave preparatory to retirement, leave not due may be granted subject to the following conditions :

(i) on medical certificate without limit of amount; and

(ii) otherwise than on medical certificate, for not more than three months at any one time and six months in all reckoned in the terms of leave on average pay.

Note 1. In cases where a Government servant who has been granted leave not due under this clause for permission to retire voluntarily the leave not due shall, if the permission be granted, be cancelled and his retirement shall have effect from the date on which such leave commenced.

Note 2. (i) Leave not due may in no case be granted unless the sanctioning authority is satisfied that, as far as can be reasonably for seen the officer will return to duty and earn it; and

(ii) that, except as provided in the Note 1 to F.R. 81 (c), the leave when granted should in all cases subject to the Government servant's wishes be allowed to stand, including cases in which the officer fails to earn it by subsequent duty.

(d) The maximum period of continuous absence from duty on leave granted otherwise than on medical certificate is twenty-eight months. This period shall in no circumstances be exceeded by a Government servant who is on leave preparatory to retirement.

(e) When Government servant returns from leave which was not due and which was debited against his leave account, no leave will become due to him until the expiration of a fresh period spent on duty is sufficient to earn a credit of leave equal to the period of leave which he took before it was due.

(a) The State Government may make rules specifying the department or parts of departments which should be treated as vacation department and the conditions in which a Government servant should be considered to have availed himself of a vacation.

(b) Vacation counts as duty, the periods of total leave in F. Rr. 77, 81 (a) and 81 (b) should ordinarily be reduced by one month for each year of duty in which the Government servant has availed himself of the vacation. If a part only of the vacation has been in any year, the period to be deducted will be a fraction of a month equal to the proportion which the part of the vacation taken bears to the full period of the vacation.

(c) In cases of urgent necessity, when a Government servant requires leave and no leave is due to him, the periods in F.Rr. 77 and 81 (a), as reduced by Cl.(b) of this rule, may be increased by one month for every two years of duty in a vacation department.

(d) When a Government servant combines vacation with leave, the period of vacation shall be reckoned as leave in calculating the maximum amount of leave on average pay which may be included in the particular period of leave.

Note 1. The implied basis and condition of variation are that a Government servant only gets vacation on condition that he can arrange to carry out the vacation duties of his post, and that a Government servant should be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forego such a vacation or portion of a vacation. A Government servant, who has routine duties to discharge during the vacation, which does not require his presence at his place of duty and which can be performed either by himself at some other place or by some other Government servant, should be considered to have availed himself of a vacation or a part of it, while a Government servant who leaves his place of duty during a vacation is expected to arrange for, and is responsible for the performance, without any cost to Government, of such routine duties.

A Government servant who leaves his place of duty during vacation is liable to be called thereto at his own expense.

Note 2. Subject to the provision in the note below F.R. 71,it is permissible under F.R. 82 (d) to allow vacation to intervene between two periods of leave.

Note 3. An officer of a vacation department may be granted the additional leave which is credited under F.R. 82 (c) even though he has a debit balance in his leave account due to the fact that leave not due has not been liquidated as required by F.R. 81 (c). The credit of one month under F.R. 82 (c) is for every completed two years of duty and no fractional credit for a period of less than two years is permissible.

Note 4. In the case of a Government servant who, at the time of going on leave has not completed a full year of duty and has not for that reason enjoyed any portion of vacation but who enjoys the next vacation in continuation of the leave, it has been decided that, for the purpose of Clause (b) of this rule as explained in item (3) of Audit Instructions below a deduction of 1/12th may be made for the period for which 1/11th is credited. If subsequently it is found that the vacation has not been enjoyed, the deduction already made can be suitably corrected.

(i) privilege leave at their credit on 1st January, 1922, i.e., privilege leave earned under Article 272 or 275, Civil Service Regulations; plus

(ii) one-eighth or one-twelfth of the period of spent on duty or vacation or privilege leave up to 31st December, 1921; plus

(iii) five-twenty-seconds or two-eleventh of the period of spent on duty or vacation from 1st January, 1922.

Conditions in which a vacation should be considered to have been availed of under Fundamental Rule 82 (a)

(1) The High Court excluding the Chief Justice and the Judges and Civil and Sessions Courts, other than those under the control of Deputy Commissioners in the Assam Valley Division and Cachar District.

(2) Educational institutions in the case of-

(a) the teaching staff;

(b) such Government servants, not being members of the teaching staff, as may be declared to be entitled to vacations by a competent authority.

(3) (a) The Government Weaving Institute, Gauhati;

(b) The Surma Valley Technical School, Sylhet;

(c) His Royal Highness the Prince of Wales' Technical School, Jorhat;

(d) The Fuller Technical School, Kohima.

(e) Assam Civil Engineering School, Gauhati.

(4) The Assam Survey School, Jhalukbari.

(5) (a) The teaching staff of the Berry-White Medical School. Dibrugarh ;

(b) such Government servants, not being members of the teaching staff, as may be declared to be entitled to vacation by a competent authority.

Note 1. Fundamental Rule 82 does not apply to District and Sessions Judges.

Note 2. A competent authority may by general or special order determine the periods of the vacation admissible to the staff of the Institutions referred to in Clauses (2) (b) and (3) above.

Note 3. The teachers of Government Lower Primary Schools which do not enjoy a continuous vacation of a month in the year should not be regarded as belonging to a vacation department; provided that the holiday list of the school approved by the Deputy Inspector does not exceed 60 days.

Note 4. Clerks in Government School and College in Assam should be treated as Government servants of a vacation department up to 31st December, 1921, and again from the 13th February, 1924, and of non-vacation department for the period from the 1st January, 1922 to the 12th February, 1924.

Note 1. The 15 days limit in the rule will be applied in respect of each vacation or of two vacations combined when there are two vacations in the year.

Note 2. A period during which a Government servant on leave will not be considered a period of duty for the purposes of F.R. 82 (2).

Note 3. The words "prevented by such an order from enjoying more than 15 days of the vacation" occurring in lines 5 and 6 of the rules, mean that the Government servant's absence from duty during the vacation did not exceed 15 days.

Special Disability Leave

(a) for the first 4 months of any period of such leave including a period of such leave granted under Clause (5) of this rule, to average pay ; and

(b) for remaining period of any such leave, to half average pay, or at Government servant's option, for a period not exceeding the period of average pay which would otherwise be admissible to him, to average pay:

(i) that the disability, if due to disease, must be certified by medical board to be directly due to the performance of particular duty ; and

(ii) that, if the Government servant has contracted such disability during service otherwise than with a military force, in must be in the opinion of the State Government, so exceptional in character or in the circumstances of its occurrence as to justify such unusual treatment as the grant of his form of leave ; and

(iii) that the period of absence recommended by the medical board may be covered in part, by leave under this rule and in part by other leave, and that the amount of special disability leave granted on average pay may be less than four months.

Note 1. The grant of the concession contemplated in this rule is not admissible to a Government servant in the case of injuries resulting from an accident to which he may be liable under the ordinary conditions of civil life or in connection with the ordinary discharge of his duties.

Note 2. The intention of F.R. 83-A (ii) is not that special disability leave should be given to cover any portion of an officer's military service but that it should be admissible only after the officer's discharge as unfit for further military service.

(i) the domicile of a Government servant is his domicile at the time of his appointment to Government service, as determined in accordance with the provisions of Clause (2) of Rule 75 and Rr. 75-A, 75-B and 75-C ;

(ii) "child" means a legitimate child (including a step-child) residing with and wholly dependent on the Government servant, who, if a female, is unmarried or, if a male, is under the age of 16.

Study Leave

Extraordinary Leave

(b) A Government servant abstaining from work for any reasons whatsoever without permission shall be deemed to be absent without leave during the period of such abstinence.

(c) The authority which has the power to sanction leave may grant extraordinary leave as in Clause (a) in combination with or in continuation of, any leave that is admissible, and may commute retrospectively period of absence without leave into extraordinary leave.

Note. The power of commuting retrospective periods of absence without leave into extraordinary leave under F.R. 85 (b) is absolute and not subject to the conditions mentioned in Cl. (a) of that rule ; in other words, such commutation is permissible even when other leave was admissible to the Government servant concerned at the time of his absence without leave commenced.

Extension of leave at time of Retirement

(1) formally applied for leave due as preparatory to retirement and been refused it; or

(2) ascertained in writing from the sanctioning authority that such leave if applied for would not be granted in either case the ground for refusal being the requirements of the public service ;

(a) who after having been under suspension, is re-instated within six months preceding the date of his compulsory retirement and was prevented by reason of having been under suspension from applying for leave preparatory to retirement, shall be allowed to avail of such leave as he was prevented from applying for, subject to a maximum of six months reduced by the period between the date of re-instatement and the date of compulsory retirement;

(b) who retired from service on attaining the age of compulsory retirement while under suspension and was prevented from applying for leave preparatory to retirement on account of having been under suspension, shall be allowed to avail of the leave to his credit subject to a maximum of six months, after the termination of proceedings, as if he had been refused as aforesaid if, in the opinion of the authority competent to order reinstatement, he has been fully exonerated and the suspension was wholly unjustified.

(b) A Government servant retained in service after the date of compulsory retirement shall avail leave on average pay at the rate of 1/11th of duty performed after that date, and shall be allowed to add thereto any amount of leave which could have been granted to him under Clause (a) had he retired on that date. The total period which he may take on each occasion shall not exceed six months.

(i) the balance after deducting the amounts of leave, if any, taken during the period of extension, from the amount of leave which could have been granted to him under Clause (a) had he retired on the date of compulsory retirement; plus

(ii) the amount of leave earned under this clause which is due to the Government servant and which he has in sufficient time during the period of extension-

(1) formally applied for a preparatory to final cessation of his duties and been refused ; or

(2) ascertained in writing from the sanctioning authority that such leave would not be granted if applied for, in either case the ground of refusal being the requirements of the public service.

Note 1. The proper test in applying the rule is whether it would be more convenient on general administrative grounds for a Government servant to take leave before or after the age of superannuation, and that all Government servants should be warned that the rule is intended to apply only in cases in which a Government servant with leave due to him has applied for leave in sufficient time before the date of retirement and his application has been refused owing to the exigencies of the public service and that it is not ended to apply so as to enable a Government servant at his own option to take leave after instead of before the date of retirement.

Note 2. Fundamental Rule 86 does not apply to Military Assistant Surgeons in civil employ.

Note 3. [Deleted].

Note 4. A deduction under F.R. 82 (b) on account of vacation enjoyed should also be made in the case of officers whose leave is regulated under F.R. 86 (b).

(i) Cases where a Government servant, who is already on foreign service in or out of India under a body corporate, owned or controlled by Government applies for leave preparatory to retirement.

(ii) Cases where a Government servant who is on foreign service in or out of India other than under a body corporate, owned or controlled by Government applies for leave preparatory to retirement.

(iii) Cases where the Government servant seeks employment under a body corporate while on refused leave.

(a) if the leave is due, leave-salary equal to average pay or to half average pay, or to average pay during a portion of the leave and half average pay during the remainder, as he may elect; and

(b) if the leave is not due, leave-salary equal to half average pay :

(i) his pay is less than Rs. 300 ; or

(ii) the leave taken does not exceed one month,

Note 1. In a case in which an outsider entitled to draw pay on the revised scale is appointed to officiate in place of an absence inferior servant drawing the old scale of pay, old scale of pay of the post should be taken to be "the pay of post" for the purpose of calculating the rate of the absentee allowance.

Note 2. Under F.R. 87 (a) the nature of the leave due and applied for by a Government servant cannot be altered at the option of the sanctioning authority and under F.R. 67, while it is open to the sanctioning authority to refuse or revoke the leave due and applied for, it is not open to him to alter the nature of such leave.

Note 3. Fundamental Rule 87 (a) provides that a Government servant on leave, shall, during leave, if the leave is due, draw leave-salary equal to average pay, or to half average pay, or to average pay during a portion of the leave and half average pay during the remainder, as he may elect. The election given by the rule is the election between the three different forms of leave salary mentioned therein and the rule is not intended to give any choice as to the period during which average pay or half average pay can be drawn if the officer elects the third form. In that case the intention is that the period on average pay should be taken first and should be succeeded by the period on behalf average pay.

Note 4. The words "as he may elect" in F.R. 87 (a) imply election once for all and, therefore, debar a Government servant from claiming commutation of leave as of right. Though under the Fundamental Rules the authority which granted leave can (if so disposed) commute it retrospectively into leave of a different kind yet a Government servant does not possess any right to insist that it should be as commuted.

Note 5. A Government servant who was only temporary or officiating and was not holding substantively a permanent post on the 24th August, 1927 has clearly no claim under the proviso to F.R. 87 (b).

Note 6. A Government servant who was in permanent Government service on or before the 24th August, 1927, and who was, therefore, entitled to the privilege under the proviso to F.R. 87 (b) will retain that privilege if re-appointed after resignation or discharge or if re-instated after dismissal; provided that he is allowed to count his post service for leave under F.R. 65 (a) or (b).

Note 7. A Government servant who was holding, on probation, a permanent post on 24th August, 1927, and had no lien on any other post, is not entitled to the concessions admissible under the above proviso, since his leave is absolutely governed by F.R. 104 not by the rules in Ss. I to V of Chapter X of the Fundamental Rules (Cf. F.R. 58).

(ii) In the case of such a Government servant, the term "his pay" occurring in term (i) of this proviso should be construed to mean what is prescribed under F.R. 117 (b) for counting his pay for the purpose of F.R.9 (2) i.e., the pay drawn in foreign service at the time leave is taken less, in the case of a Government servant paying his own contribution for leave salary and pension such part of the pay as may be paid as contribution.

Note. The maximum of average pay does not apply to Government servant serving in a vacation department during period of leave on average pay equivalent to one month for each year since his last leave during which he has not availed himself of the vacation and to a proportionate fraction of a month during which he has taken a part only of vacation : provided that in the case of a Government servant who is transferred which leave is to his credit from a non-vacation department, the State Government shall decide on the first occasion on which he takes leave after such transfer, the period not exceeding for which the maximum limit of leave salary shall not be applied to him.

The above is not meant to give any additional advantage but is intended to be a restrictive exception to the main rule in F.R. 89 (2). A Government servant is not entitled to the concession mentioned in this not in addition to the concession granted in the main rule itself but only to the drawing of full pay for a period equivalent to one month for a year since the last leave taken during which vacation has not been enjoyed.

Note. The minima specified above apply only when leave is taken or extended out of India elsewhere than in Pakistan, Ceylone, Nepal, Burma.

(a) in the case of leave on average pay not exceeding four months, or of the first four months of such leave if it exceeds four months' leave salary due one in respect of an initial period of such leave spent in Asia may if the officer proceeds out of Asia during the currency of such leave, or within one month of its termination, be drawn in sterling;

(b) in the case of leave of any other description or of periods of leave on average pay after the first four months of such leave, if the amount of such leave spent in Asia prior to embarkation does not in all exceed one month, leave-salary in respect of the whole of such leave may be drawn in sterling.

(c) in the case of an attachment order having been issued by a Court in India in accordance with Rule 48, Order XXI, First Schedule, Code of Civil Procedure, 1908 (Act 5 of 1908), that part of leave-salary which is attached shall be remitted to the Court in rupees by the accounts authority in India. The balance of leave-salary if payable in sterling, may, then be drawn reducing the maximum and minimum rates of leave-salary prescribed in Rr. 89 and 90 by the amount specified in the attachment order, covered into sterling at the rates of exchange prescribed under sub-Rule (5) of this rule.

Note 1. For the purposes of this rule Cyprus shall be regarded as outside Asia.

Note 2. See Audit Instruction below F.R. 99.

Note 3. Since in the case of an officer placed on deputation in interruption of leave out of India, leave is treated as one spell of leave, the leave before and the deputations should be treated as "initial period" for the purposes of proviso (a) to F.R. 91 (2) and the Government servant allowed to draw, if he so desires, leave salary in India for the portion of leave immediately following the deputation. As deputation is duty for all purposes it should not be taken into account in calculating the maximum period of four months prescribed in F.R. 91.

Note 1. For the rate of exchange see Secretary of States' Order below sub-Rule (5).

Note 2. If leave-salary due in respect of any portion of leave out of Asia and payable to a Government servant in sterling remains undrawn due to the late arrival of a steamer, it may be held to be non-drawal though no fault of the Government servant concerned and the drawal in India permitted in such cases as a matter of course.

Note 3. Payment of leave-salary in a colony shall be subject to such restrictions in the matter of foreign exchange as the Government of India may, from time to time, impose.

(a) the authority sanctioning the leave or transfer, as the case may be, certifies that Government servant is likely to return on the expiry of his leave or his temporary duty to the post to which the allowance is attached or to another post carrying similar allowance ; and

(b) the Government servant certifies that he continues to incur the whole or a considerable part of the expense to meet which the allowance was granted.

Certificate by the authority sanctioning the Leave or Transfer

Signature.........

Designation.......

Date........

Certificate by the Government servant proceeding on Leave or Transfer

Signature.......

Designation.........

Date .........

(1) that the leave was spent in.....

(2) that the family was left in......

(3) that the Government servant was obliged to continue paying rent for his house or to maintain establishment during absence from.............

Signature

Designation of Medical Officer

Note 1. The expression "period of four months" in S.R. 118 (1) should be interpreted as the period on leave on average pay whether taken alone or in combination with other leave and the allowance is not admissible during any period of leave which is not leave on average pay.

Note 2. The term "conveyance allowance" in this rule does not include horse allowance.

Note 3. In regard to the certificate prescribed in proviso (a) above, the authority competent to control the Government servant's posting should satisfy that there is reasonable expectation that the Government servant is, on the expiry of his leave of temporary transfer, likely to return to the post from which he is being relieved or to another post carrying a similar allowance. A mere hope or unsupported expectation on the part of the Government servant should not form the basis of the certificate. The authority sanctioning the leave or transfer should, in cases in which the above rule operates, invariably embody in the sanctioning orders a certificate regarding such likelihood of the Government servant's return.

Note 4. [Deleted].

Note. The condition prescribed in proviso (a) to S.R. 118 (1) is not applicable to a case falling under S.R.119.

Note 1. Government of India's Interpretation. - (1) It has been decided with the concurrence of the Secretary of States that F.R. 93-A should not be given retrospective effect, and that it applies only to those persons who are transferred from one service to another on or after the 13th of April, 1958, the date on which the rule was issued.

(2) Where the leave rules to which an officer was subject before his promotion are identical with those in the Fundamental Rules, he gains no advantage by electing the latter. All Accounts Officers should bring this fact to the notice of an officer when asking him to exercise his option under F.R. 93-A. [See also the Interpretation below F.R. 77 in Section III].

Note 2. The principle of F.R. 93-A should apply by analogy to persons who entered Government service on or after 1st March, 1934, and were transferred to service or post to which the Leave Rules, 1934 (Appendix 11) apply from a service or a post to which they do not apply from the date F.R. 93-A came into operation, viz., 13th April, 1938.

(a) Personal recruited for and employed in agency Department whose pay, leave salary, allowances and pensions are charged direct to the Central Government, i.e., personnel who are paid direct by the Central Government but who are technically under the administrative control of State Government;

(b) Personnel recruited and employed in connection with the affairs of the States whose pay, leave salary, allowances and pensions are charged to States' revenues, but whom the State Government employ temporarily on agency work. For their services the Central Government pays the State Governments an agreed sum and the entire pensionary charge borne by the latter ;

(c) Personnel as in category (b) above whose services employed by the State Governments part-time or casually, on performing Central Agency duties, for their services of the Central Government usually pays an agreed sum to the State Government, which includes pensionary liability;

(d) Personnel falling in either of the three categories given above who have now come under the direct control of the Central Government on resumption by them of the administrative control over certain agency functions.

Section VI-Exceptions and Special Concessions

(a) The period of deputation shall not count as duty for the purposes of this Chapter;

(b) The amount of leave which can be earned by the deputation shall be determined by the State Government. Such leave can only be taken during the period of deputation and will not be credited or debited in the Government servant's leave account;

(c) Leave-salary during such leave shall be equal to the rate of deputation pay:

(a) maternity leave to female Government servants ; and

(b) leave on account of ill-health to members of subordinate services specified in such rules duties expose them to special risk of accident or illness.

Maternity Leave

Note. Maternity leave under this rule may be granted in cases of miscarriage, including abortion, subject to the following conditions :

(i) that the woman Government servant if temporary has been in service for not less than one year before the commencement of the leave ; and

(ii) that the leave does not exceed six weeks and the application is supported by a certificate from the authorised Medical Attendant.

Government of Assam

Finance Establishment (A) Department

Office Memorandum

Joint Secretary to the Government
of Assam

(b) Notwithstanding the provisions contained in Rule 13 (c) of the Leave Rules, 1934 any leave (including commuted leave) for a period not exceeding 60 days, applied for in continuation of Maternity leave may be granted without production of medical certificate.

(c) Leave in further continuation of leave granted under Clause (b) above may be granted on production of a material certificate for the illness of the female Government servant. Such leave may also be granted in case of illness of a newly born baby, subject to production of medical certificate to the effect that the condition of the ailing baby warrants mother's personal attention and that her presence by the baby's side is absolutely,necessary.

Hospital Leave on Account of Ill-Health

Note 1. When the illness is one caused by irregular or intemperate habits, such as venereal disease, the period spent in hospital by the patient and any subsequent leave granted in continuation for convalescence should be treated as leave on medical certificate on half or quarter average pay as may be found standing at the credit of the person concerned. Such periods will not count towards approved service increment of pay.

Note 2. The expression "a subordinate employed in a Government laboratory" occurring in this rule includes the sweepers attached to the Pasteur Institute, Shillong.

Note 3. The expression "leave of absence from duty for six months altogether in any period of three year" used in this rule shall be interpreted to mean that not more than six months' leave may be granted to an entitled Government servant during each spell of three years of service.

(a) temporary and officiating service ;

(b) service which is continuous ; and

(c) part time service, or service which is remunerated wholly or partially by the payment of honoraia or daily wages :

Leave Earned by Temporary and Officiating Service

(a) leave on leave-salary equivalent to average pay up to one-eleventh of the period spent on duty, subject to a maximum of four months at a time; or

(b) on medical certificate, leave on leave-salary equivalent to half-average pay to two-eleventh of the period spent on duty, subject to maximum of three months at a time ; or

(c) extraordinary leave for three months at any time.

Note 1. Leave under any one clause may be combined with leave under any other clauses subject to the general condition that no additional expense to Government is involved.

Note 2. When supernumerary officers in excess of the actual working strength are provided in a temporary cadre for the purposes of falling temporary vacancies, leave may be granted under this rule to a member of the temporary cadre notwithstanding the fact that expenditure by way of travelling allowance is incurred in relieving him.

Note 3. The provisions of this rule will apply to officers of Asiatic domicile recruited in the United Kingdom or in India for service on contract, but in their case the condition that the grant of leave should involve no expenses to Government does not apply.

Leave Earned by Non-Continuous and Part-Time Service

Note 1. Government Pleaders and Public Prosecutors who receive retainers may keep the retainer during leave allowance by the Legal Remembrancer ; provided that he makes arrangements that no extra cost to Government is entitled.

Note 2. The Advocate-General may keep his retainer during have allowed by Government; provided that he makes such arrangements that no extra cost to Government is involved.

Leave Admissible to Government Servants Remunerated by Honoraria or Daily Wages

Note. Government Pleaders remunerated by honoraria are allowed leave by the Legal Remembrancer; provided arrangements can be made for their work and their honoraria are paid to the person who officiates.

Leave Rules Applicable to Permanent Piece Workers Employed in the Assam Government Press who are not Classed as "Inferior"

Note. In calculating the length of service, the period of continuous temporary service rendered by a piece-worker up to the date of his being brought on the permanent establishment as well as continuous inferior service rendered up to the date of his promotion to superior service shall be taken into account.

(b) This leave will be non-cumulative i.e., any leave not taken during the year will lapse without any monetary compensation.

(c) Gazetted holidays actually enjoyed may at the option of the piece-worker, be counted against any leave admissible to him under sub-Rule (a) and if so counted, will be paid for.

(d) The grant of leave under these rules cannot be claimed as a right, and can be refused by the Superintendent of the Press on administrative grounds. It may also be withheld from piece- workers who have been irregular in attendance.

Note 1. Pay for average pay means remuneration at class rates at the time of taking leave.

The calculating is : Class rate multiplied by 7, to get the daily rate, multiplied by the number of days' leave. Thus, if a piece- worker whose class rate is 2 annas per hour applies for leave for 10 days he will be entitled to Rs. 8-12-0 and Rs. 4-6-0 as leave salary during leave on average pay and half average pay respectively.

For calculating the class pay of a piece-worker who is promoted to a post on a time-scale of pay, a month is taken to be 175 hours.

Note 2. For the purposes of determining the classification of service of a piece-worker who may be in superior service in one month and in inferior service in another month on account of fluctuations in his earnings, the monthly emoluments shall be taken as equivalent to two hundred times his hour by class rate.

Note 3. The above rules shall also apply to temporary piece- workers in superior service who have rendered three years' continuous service.

Note 4. (a) Leave for 16 days each year at class rates may be given to temporary piece-workers, in superior service with less than three years' continuous service and to piece-workers in inferior service whether permanent or temporary to cover absences on account of holidays, sickness or leave; provided that the worker has been in regular employment for the previous twelve months.

(b) The term "regular employment" shall be interpreted as not less than 90 per cent of the required working hours; regarded should be had to absence in the case of sickness.

(c) The leave shall be non-cumulative, i.e., any leave not taken during the years shall lapse.

Note 5. When a piece-worker after working for certain periods on a working day goes on leave for the remaining hours of the day, he will be treated as on leave for the whole day and will receive leave-salary admissible to him under the rules in addition to the payment for the value of work done before leave office.

(a) If appointed under contract with a view to permanent service, or if appointed to posts created temporarily with the prospect, more or less definite of becoming permanent-to such leave as is prescribed in their contract, or when no such prescription is made, to leave in accordance with the model leave terms in Part I, I or III of Appendix 17, as the case may be ;

(b) if appointed otherwise-to such leave as is admissible under rules framed in this behalf by the State Government, subject to the proviso in F.R. 103.

Grant of Leave to Probationers and Apprentices

(a) on medical certificate-leave on leave-salary equivalent to half pay for a period of not exceeding one month in any year of apprenticeship ;

(b) Extraordinary leave under F.R. 85.

Leave Rules of Government Servants in Inferior Service

(b) In cases where no absence allowance is admissible under Clause (a) a Government servant in superior service may be given extraordinary leave without allowance even though other leave is admissible. Similarly, where the absentee allowance admissible amounts to less than half pay an officer in inferior service may at his own option be given extraordinary leave without allowances instead of other leave.

Note. In deciding whether to grant extraordinary or ordinary leave officers should bear in mind that provisions of F.R. 26 (b).

(a) Subordinates not being Class IV Government servants ;

(b) Menials attached to parties or offices.

(b) It may be granted with the previous approval of the Deputy Director Assam (Surveys) during the recess by the head of the party or officer to which the Government servant belongs ; provided, in the case of a menial, that the officer granting the leave consider it desirable to re-employ the menial in the ensuing sessions.

(c) It may be granted at times other than the recess, for not more than six months at a time, by the Director of Survey, Assam ; provided that the leave is granted in the interests of Government and not at the Government servant's own request; and leave so granted may in special cases be extended by the Director of Surveys, Assam up to a maximum of one year in all. Leave on medical certificate should never the regarded as granted in the interest of Government.

Part V

Chapter XI

Joining Time

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

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

(i) leave of not more than six month's duration ;

(ii) leave other than that specified in sub-Clause (i) when he has not had sufficient notice of his appointment to new post;

(c) (i) to proceed on transfer or on the expiry of leave from a specified station on join a post in a remote locality which is not easy of access;

(ii) to proceed on relinquishing charge of a post, on transfer or leave, in place in remote locality which is not easy of access to a specified station.

Note. If a State Government servant who is appointed to a post under the Central Government while on duty in his old post but who joins his new post after termination of his employment under the State Government by resignation or otherwise, neither travelling allowance nor joining time or joining time pay should be granted except when the employment of a particular Government servant is in the wider public interest.

Note 1. If the Government servant arrives at the station on the forenoon of the day following the day on which his leave expires and proceeds forthwith to the next stage he may be held to have arrived at the station within the period of his leave.

Note 2. The scope of this rule is also extended to case of transfer or to a station in a remote locality which is not easy of access.

Note 3. The rout to Lungleh Sub-division through Aijal either via Kukichherra, or Dwarband is a recognised one for Government servants performing journeys on duty to and from Lungleh Sub- Division.

Joining Time

(a) A Government servant is allowed-

(i)	For the portion of the journey which he travels by aircraft.		Actual time occupied in the journey.
(ii)	For the portion of the journey which he travels or might travel.		One day for each.
	By railway	500 Km.	Or any longer time actually occupied in the journey.
	By ocean steamer	350 Km.
	By river steamer	150 Km.
	By motor-car, horse-drawn conveyance plying for public hire	150 Km.
	In any other way	25 Km.

(b) For any fractional portion of any distance prescribed in (a) an extra day is allowed;

(c) When part of the journey is by steamer, for the limit of six days for preparation may be extended to cover any period unavoidably spent in awaiting the departure of the steamer ;

(d) Travel by road not exceeding 8 kms. to or from railway station at the beginning or end of a journey does not count for joining time ;

(e) A Government servant whose pay does not exceed Rs. 100 is not ordinarily expected to travel by motor-car or horse-drawn conveyance plying for public hire, and his joining time is calculated accordingly;

(f) A Sunday does not count as day for the purpose of the calculations in this rule, but Sundays are included in the maximum period of 30 days.

Note. If a Government servant is transferred from one post to another but the transfer order is subsequently cancelled, after he has handed over charge of his old post but before he could take charge of the new post, the period intervening the date of handing over charge of the old post and taking over charge of the same post or any other post later on account of cancellation of transfer orders should be treated as joining time.

This takes effect from the date of issue of orders.

(a) when the Government servant has been unable to use ordinary mode of travelling or, notwithstanding due diligence on his part has spent more time on the journey than is allowed by the rules ; or

(b) when such extension is considered necessary for the public convenience, or for the saving of such public expenditure as is caused by unnecessary or purely formal transfer ; or

(c) when the rules have in any particular case operated harshly ; as for example, when a Government servant has through no fault on his part missed a steamer or fallen sick on the journey.

(a) where joining time granted under Clause (a) of Rule 105-the pay which he would have drawn if he had continued in the old post or the pay which he will draw on taking charge of the new post, whichever is less.

Note. A temporary Government servant is entitled to joining time pay when his transfer is arranged in the interests of the public service and while he still holds a temporary post. This concession is not, however, admissible to him if the transfer takes place after the term of the temporary post has ended,-

(b) where the joining time is granted under Clause (b) of Rule 105-

(i) if it is in continuation of leave which included a period of leave on average pay-pay equal to the leave salary which he last drew during such leave on average pay at the rate prescribed for payment of leave salary in India ; and

(ii) if it is in continuation of leave with did not include a period of leave on average pay-pay equal to the leave salary which the Government servant would have drawn under the leave rules applicable to him as if he had been on leave on average pay in India for the period of joining time ;

(c) where joining time is granted under Clause (c) of Rule 105-the pay which he would draw in his post in the remote locality :

(i) a Government servant on transfer shall not be entitled to any pay for the period of joining time unless his transfer is in the interests of public service;

(ii) no joining time pay shall be granted to a Government servant who does not hold a permanent post under Government in a substantive capacity or a post under the Central Government in a quasi-permanent capacity, when he is appointed to a new post on the result of a competitive examination or interview which is open to both Government servants and others.

Part VI

Chapter XII

Foreign Service

(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.

Note. The Government of India in consultation with the Crown Representative have decided that the latter need only be consulted before hand in case of officers belonging to the State and All India Services on their transfers to foreign service in the Indian State.

(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 the revenues of the State or holds a lien on a permanent post, or would hold a lien on such a post had his lien not been suspended.

Note. The transfer of a temporary Government servant to foreign service is permissible.

Note 1. In the case of an officer who takes up employment in an Indian State during leave preparatory to retirement, the concession of drawing leave-salary during such leave in addition to pay from the Indian State should not be granted. In such cases he should be required either to retire or go on foreign service terms subject to the fulfilment of the condition in Clause (a) of F.R. 111.

Note 2. The concession of treating employment in an Indian State during leave preparatory to retirement as private employment should not be granted to an officer who is in foreign service at the time he applies for such leave and proposes to continue on duty in the service of the same employer during the leave.

Note 3. The decision referred to above should apply to all foreign service, and not only to service in an Indian State.

(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.

(1) leave-salary during disability leave granted to Government servants sustaining war injuries, and

(2) increased pension contribution on account of such disability leave.

(b) In the case of permanent State Government servant lent to the Central Defence Services, the Defence Service estimates will bear the leave salary charges in respect of disability leave granted to them while in such services, on account of disabilities incurred in and through such service, in addition to the ordinary leave contributions at foreign service rates payable during such service, excluding periods of leave. As regards the pensionary liability in respect of periods of disability leave in such cases, it is hoped that the State Government will, as a practical solution and in view of the very small amounts involved, not insist on extra contribution. This course is in line with the Central Government's decision regarding pension contributions from foreign employers in respect of their own servants.

Note. No Government servant shall be transferred to foreign service unless the foreign employer undertakes to afford to him at the employer's own expense privileges as regards medical attendance not inferior to those which he would have enjoyed if he had been employed in the service of the Government of Assam or reimburse the cost incurred by that Government for the provision of such privileges.

(b) If the foreign service is in India, contributions must be paid on account of the cost leave-salary also.

(c) Contributions due under Clauses (a) and (b) above shall be paid by the Government servant himself, unless the foreign employer consents to pay them. They shall not be payable during taken while in foreign service.

(d) By special arrangement made under Rule 23 (b), contributions on account of leave-salary may be required in the case of foreign service out of India, also the contributions being paid by the foreign employer.

Note 1. Pension, throughout this Chapter, includes Government contributions, if any, payable to a Government servant's credit in a Provident Fund.

Note 2. In the case of Government servant lent to His Majesty's Government or to British colonies or protectorates, the contribution is payable by the employer, except in the case of Government servants lent to the War Office whose contributions are paid in accordance with special arrangements with the War Office.

(b) In the case of foreign service in India-

(i) if pay in foreign service is paid from a Government Treasury and is subject to audit by an audit officer of Government, the Accounts Officer is such audit officer ;

(ii) otherwise, the Accounts Officer is the Accountant General of the State in which the Municipality, Port Trust or other body concerned is situated or in the case of service under an Indian State, the Accountant General of the Government under whose administration the State is.

Note. The rates of contributions prescribed by the President (Appendix 20) have been adopted by the State Government as applicable to persons serving in connection with the affairs of the State. These rates take effect from 1st January, 1939.

(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 condition applicable to him. In calculating the rate of leave-salary admissible, the pay drawn in foreign service, less 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 F.R. 9 (2).

Note. The rates of contributions prescribed by (he President in respect of military officers and other ranks in permanent civil employ are given in Appendix 21.

(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.

Rate on Interest to be Levied on Overdue Foreign Service Contributions

Note 1. A Government servant on foreign service in India is himself personally responsible for the observance of the rule contained in F.R. 122, by accepting leave to which he is not entitled under the rules he renders himself liable to refund leave-salary drawn, and in the event of his refusing to refund, to forfeit his previous service under Government, and to cease to have may claim on Government in respect of either pension or leave-salary.

Note 2. The grant of leave preparatory to retirement to an officer in foreign service may not be coupled with permission to continue in the service of the same employer during that leave.

(b) In special circumstances, the authority sanctioning a transfer to foreign service out of India may make an arrangement with foreign employer under which leave 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 the revenues of the State leave contribution at the rates prescribed under F.R. 116.

Note. For purpose of pension the period of leave granted by foreign employers out of India to Government servants, lent to them under Fundamental Rule 123 (a) should be treated as 'leave' and not as 'duty'. Any such leave, if taken on full or half average pay or equivalent terms should, up to a limit of four months on nay one occasion, be treated as privilege leave for the purposes of Art. 65 of the Assam Pension Manual, and all other leave with leave allowance should be dealt with as in Art. 56 of the Assam Pension Manual.

(a) The amount to be recovered shall be the gross sanctioned cost of the service, or the portion of the 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 F.R. 116, and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.

(c) A contribution for passages also should be levied in respect of Government servants, entitled to passage concessions at the same rates as are applicable to Government servants entitled to passage concessions who are transferred to foreign service, viz., Rs. 50 per mensem in the case of superior officers and Rs. 60 per mensem in the case of non-superior officers. The contributions should be levied the whole period of service in the additional post except that it should not be charged during leave where-

(i) the leave taken is leave preparatory to retirement; or

(ii) the Government concerned will, on return from leave, be given different duties and return to the additional post; or

(iii) the substitute in the additional post, for the Government servant on leave, is entitled to passage concessions and contribution for passages is recovered on his behalf.

(d) The State Government may reduce the amount of recoveries or may entirely forego them.

Chapter XIII

Service Under Local Funds

The Schedule referred to Fundamental Rule 75-A

Provisions for the determination of domicile

Fundamental Rules (Applicable to Services and Under the Rule-Making Control of the Secretary of State)

[Not Printed]

Travelling Allowance Rules

[Vide F.R.44]

Division I

Definitions

(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 articles of camp furniture as it may be necessary, in the interest of the public service, for a Government servant to take with him on tour.

(4) "Day" means a calendar day beginning and ending at midnight; but absence from headquarters which does not exceed twenty-four hours shall be reckoned for the purpose of daily allowance as one day at whatever hours the absence begins and ends.

(5) "Family" means a Government servant's wife, legitimate children and step children, residing and wholly dependent upon him. Except in S.R. 243 it includes in addition his parents (not adoptive or step-parents), sister and minor brothers if residing with and wholly dependent upon him. Not more than one wife is included in a family for the purpose of these rules. Travelling allowance may not be drawn on account of husband dependent on a female Government servant without the orders of Government.

Note. An adopted child shall be considered to be a legitimate child, ii under the personal law of the Government servant, adoption is legally recognised as conferring on it the status of a natural child.

(6) "Hill station" means any place which the State Government may declare to be a Hill station.

(7) "Pay" for the purpose of Travelling Allowance Rules means the monthly pay as defined in F.R. 9 (21) (a) (i).

(8) "Public conveyance" means a train, steamer of other conveyance which plies regularly for the conveyance of passengers. It does not include a car.

(9) "Transfer" means the movement of a Government servant from one headquarters station in which he is employed to another such station either (a) to take up duties of a new post, or (b) in consequence of a change of his headquarter.

Note. The definition of "family" as given in S.R. 152 (5) will apply mutatis mutandis to female Government servants.

Division II

Grades of Government servants/distribution of grades

Schedule

Note 1. All India Service Officers in the senior scale shall be treated as Senior Grade Officers irrespective of their pay.

Note 2. All India Service Officers or the Junior Officers of the Assam Civil Service Class I in the junior scale and Assam Judicial Service Officers in Grade III viz, Judicial Magistrates, Munsiffs and Sub-divisional Magistrates shall be treated as First Grade Officers irrespective of their pay till they reach the senior grade pay range.

Note 3. The existing rules and orders relating to admissibility of daily allowance for different types of journey within and outside the State shall continue until further orders.

Note 4. Pending finalisation of pay in the revised scale, Government servants now belonging to a particular grade will draw the corresponding enhanced rate of daily allowance prescribed for that grade.

Note 1. A Public prosecutor is not entitled to any halting allowance when away from his headquarters, but is recognised as a Government servant of the 2nd grade for the purpose of drawing travelling expenses only.

Note 2. The Legal Remembrancer is authorised to grant travelling expenses to legal practitioners (e.g., Pleaders and Mukhtars), who are engaged in the interest of public service, to conduct cases, elsewhere than in their own station, provided such charges do not exceed what would be admissible, under the parallel circumstances, to a Government servant of the 2nd grade referred to in S.R. 153. Subject to the same conditions the District Officers of the Hill Districts (except the D.C. Mizo District) are authorised to grant such expenses to legal practitioners engaged by them to defend persons accused of murder.

Note 3. [Deleted]

Division III

Different Kinds of Travelling Allowances

(a) Permanent travelling allowance ;

(b) Conveyance or Horse allowance ;

(c) Mileage allowance;

(d) Daily allowance ;

(e) The actual cost of travelling.

Division IV

Permanent Travelling Allowance

(1) Auditors, (2) Assistant Auditors, (3) Sub-Inspectors of Schools and Assistant Sub-Inspectors of Schools, and (3) Gram Sevaks and Sevakas.

Note. Unless otherwise stated in the remarks column, the minimum number of days to be spent on tour per month by the categories of Government shall not be less than 15 days, or such higher number of days as may be prescribed by their respective Appointing Authority in consideration of the nature of duties to be performed.

Division V

Conveyance and Horse Allowance

2. The conveyance allowance for maintenance of motor-car/motor- cycle, etc. shall continue to be admissible at the existing rates to Government servants concerned subject to the following conditions and till such times as and when Government decide to revise the allowance in respect of such Government servants in accordance with these orders.

3. (i) No conveyance allowance shall be admissible during-

(a) joining time, leave or any period of temporary transfer. The allowance shall also not be admissible during holidays prefixed to leave, holidays suffixed to leave and joining time.

(b) any period more than 15 days at a time during which a Government servant does not maintain a motor-car/cycle or the motor-car/motor-cycle maintained by him remains out of order and is not used for official journeys for which the allowance is granted.

(ii) The conveyance allowance shall henceforth be granted under the above rules to cover all journey by road on official duty within the local jurisdiction of Government servants for which no daily allowance/mileage allowance is admissible, irrespective of whether the points of duty reached lie within or beyond a radius of 8 Kms. from his usual place of work ; provided that daily allowance/mileage allowance will be admissible as under for journeys beyond and outside a radius of 8 Kms. from his usual place of work-

(a) if the journey is performed by rail or steamer or air the allowance may be drawn in addition to the T.A., i.e., daily allowance/mileage allowance under the rules ;

(b) if the journey is performed by road, only the conveyance allowance would be admissible but if on any day a Government servant travels beyond 16 Kms. from his usual place of work, he may at his option exchange his conveyance allowance at the rate of 1/30th for any T.A., i.e., daily allowance and/or mileage allowance that may be admissible to him under the rules ;

(c) if the journey is performed partly by rail or steamer or air and partly by road, conveyance allowance may be drawn in addition to the T.A. admissible for the portion of the journey performed by rail or steamer or air and the officer may at his option exchange his conveyance allowance at the rate of 1/30th for each day, for any T.A. that may be admissible for the portion of the journey by road on any day on which the journey by road exceeds 16 Kms.

4. The grant of horse allowance and bicycle allowance will continue to be granted by the present rules and orders.

(ii) The rates of monthly conveyance allowance admissible to certain other categories of Government servants whose nature of duties requires to undertake frequent journeys within 8 Kms. from their Headquarters for which no other T.A. is admissible and who are allotted Government vehicles for such journeys with the obligation to bear the propulsion charges will be as follows :

Division VI

Mileage Allowance

(i) General

(b) The shortest route is that by which traveller can most speedily reach his destination by the ordinary modes of travelling. In case of doubt a competent authority may decide which shall be regarded as the shortest of two or more routes.

Note 1. [Deleted].

Note 2. [Deleted].

Note 3. Tura-ManKachar-Kaunia route is the most practicable and shortest route for journey between Tura and Golakganj during rainy season.

Note 4. The route between Goalpara and Lakhimpur via Agia is the proper route for the purpose of travelling allowance.

Note 5. Tura-Mankachar Rowmari route is the most practicable and the shortest route for journeys between Tura and Dhubri and vice versa, but due to the irregularities of steamer service in the dry season officers are allowed to perform journeys between Mankachar and Dhubri and vice versa, either by taking the steamer at Rowmari for Dhubri or by travelling by road to Fakirganj and then by ferry to Dhubri and vice versa.

Note 6. An all India route (i.e., route which passes exclusively through the territories of the Indian Union) is the shortest route for journeys between Assam and the rest of India and within Assam; provided (i) the journey is actually performed by that route, and (ii) the route adopted is the shortest of the available all India routes.

(c) If a Government servant travels by a route which is the shortest but is cheaper than the shortest, his mileage allowance should be calculated on the route actually used.

(b) Controlling officers may allow journeys from Gauhati to Pandu and vice versa to the performed either by road or rail and from Goalpara to Gauhati and vice versa to be performed either by road or steamer/according to the convenience of officers.

(c) The absence in a train of class of accommodation to which a Government servant is entitled under S.R. 171, may be taken as a special reason for allowing mileage allowance by road, and consequently the competent authority may on such occasions grant, to an officer travelling by road, road mileage limited to the amount which would have been admissible had the journey been performed by train by the class of accommodation to which he is ordinarily entitled. When the fare of the requisite class for the journey in question is not specifically published, it should be calculated according to the appropriate data in the Railway Time and Fare Tables.

Note 1. The Political Officer and the Assistant Political Officer, Balipara Frontier Tract, are permitted to perform journeys between Charduar and Tezpur by road direct instead of by road and rail whenever it is found expedient.

Note 2. The Civil Surgeon, Darrang and Balipara Frontier Tract, is permitted to perform journeys between Lokra-Charduar and Tezpur by road direct instead of by road and rail, whenever it is found expedient.

Note 3. The Civil Surgeon of Cachar is permitted to travel from Silchar to Hailakandi and back by road instead of by rail on the occasion of his visits of inspection.

(ii) Mileage Allowances for journeys by Railways

(a) A Government servant of the Senior, and 1st Grade- Accommodation of the highest class, by whatever name it may be called provided on, the railway by which he travels.

(b) A Government servant of the 2nd Grade-Accommodation of the 1st class.

(c) A Government servant of the 3rd Grade-Accommodation of the 2nd class.

(d) A Government servant of the 4th Grade-The lowest class whether it be called lower, third or fourth.

Note. All officers who were entitled to travel by 1st class in Railways prior to 2nd July, 1964, will continue to enjoy the privilege.

(b) All female officers of the 3rd grade in receipt of pay of Rs. 50.00 and upward may travel in 2nd class by rail (or 1st class of the N.F. Railway) and when they do so may draw a single Railway fair of that class pins an allowance for incidental expenses at the rate prescribed under S.R.173 for their grade. This concession does not apply to journeys by motor service.

Note 1. Mileage allowance for journey on the Gauhati-Shillong Road performed by service car shall be calculated according to the following rates :

For journeys from Gauhati to Shillong or vice versa-

1. (a) Government servants of the 1st and 2nd Grade......      New 1st Class

(b) Government servants of the 3rd Grade......                New 2nd Class

(c) Government servants of the 4th Grade......                 Third Class.

2. The rate of mileage allowance on tour-

(a) a single fare of the class in which a Government servant is entitled to accommodation, plus,

(b) an allowance for incidental expenses calculated as follows at the existing rate.

(i) For a Government servant of the 1st Grade..... Half of old 1st class fare.

(ii) For a Government servant of the 2nd Grade..... Half of old 2nd class fare.

(iii) For a Government servant of the 3rd Grade....¾ of old Inter class fare.

(iv) For a Government servant of the 4th Grade....One daily allowance.

3. The rate of mileage allowance on transfer-a single fare of the class to which a Government servant is now entitled plus 2 fares of old classification including the allowances as prescribed under S.R. 243-1 of Fundamental Rules and Assam Subsidiary Rules.

(i) charges for reservation of seats and for reservation of sleeping berths in the 3rd class, where such facilities are available shall be borne by the Government;

(ii) the Government servants concerned shall be entitled to travel by 3rd class in Deluxe air-conditioned trains, wherever such trains run. The surcharge levied for travel by that class in such trains shall be met by the Government.

(iii) Mileage allowance for journeys by sea or by river steamer

(a)	A Government servant of the Senior Grade	Higher class
(b)	A Government servant of the 1st Grade	Do
(c)	A Government servant of the 2nd Grade	2nd or, if there be no 2nd class accommodation on any steamer by which he travels, highest class.
(d)	A Government servant of the 3rd Grade	If there be two classes only on the steamer, the lower class ; if there be three classes, middle or 2nd class, if there be four classes, third :

(e)

A Government servant of the 4th Grade

Lower class

Note. [Deleted].

Note. The Assistant Inspectors of Schools may travel as a 1st grade Government servant by steamer.

(iv) Mileage allowance for journeys by road

(v) Mileage allowance admissible to Government servants for journeys by own car and scooter/motor cycle, private transport, public vehicles and State Transport

Note 1. For allotted vehicles the officers concerned shall be responsible for bearing the cost of petrol only with effect for 1st December, 1973. The cost of oil and lubricants will be borne by Government.

Note 2. In the case of road journeys without involving night halt away from headquarters, one daily allowance will be admissible where the total journey performed by road is not less than 80 Km. and half daily allowance will be admissible where the total journey performed by road is not less than 40 Km. and the absence from headquarters is not less than six hours.

Note 3. In case of road journeys performed by public transport including State Transport involving night halt away from headquarters, the Government servant will be entitled to incidentals at half the daily allowance where the distance travelled is not less than 40 Km. and one daily allowance where the distance travelled is not less than 80 Km. and shall in addition be entitled to half the daily allowance for night halt away from headquarters at the end of the journey. In the case of road journeys by own car, allotted vehicles, private transport and scooter/motor cycle only one daily allowance will be admissible for the night halt away from headquarters at the end of the journey and there will be no incidental.

Note. When travelling in Delhi a Government servant may draw mileage allowance in accordance with the Government of India Supplementary Rules.

(b) [Deleted],

Mileage Allowance for Travel by Air

(i) in the case of the Parliamentary Secretaries to Minister's Secretaries to Government, all A.I.S. Officers in the senior scale, and officers in receipt of the basic pay of Rs. 1,000 or above per mensem, and

(ii) in the case of an officer to whom sub- Clause (i) does not apply, whenever Secretaries to Government, with the approval of the Hon'ble Ministers under whom they are working, certify that air travel is urgent and necessary in the public interest:

Note. If a Government servant wishes to take with him any "non-entitled person" in a Government machine or in a machine chartered by Government, he should obtain the sanction of the Head of the Department or if he himself is the Head of the Department, of the Government administratively concerned ; provided first class full fare for each of such person is paid to Government. The sanctioning authority in giving such sanction should satisfy itself that no extra expenditure is used to Government thereby.

Note. (1) Government servants other than those serving under the Government of Assam shall have to pay the actual fare prescribed by the Transport Department in consultation with Finance Department if and when they travel in Government machine or in a machine chartered by the Government.

Note. (2) The above rules will govern the grant of travelling allowance to Parliamentary Secretaries to Hon'ble Ministers except that the rates of daily allowance will be as admissible to Hon'ble Ministers.

Division VII

Daily Allowance

Note. Government servant who stays during tours in Circuit House/Inspection Bungalows/Rest Houses, etc., without having to pay any charges for accommodation may also draw daily allowance at one-half of the approximate rate. Where, however, a Government servant is required to pay any charges on account of his stay at such places, even though it may not cover the entire cost of facilities, provided no reduction in his daily allowance may be made.

(b) The rate of daily allowance for all grades of Government servants for halts at places outside the State will be double over the rates admissible to them for halts within the State.

Note. This will not be admissible for halts in Manipur and Tripura.

(c) [Deleted].

Note. For special rale of daily allowance admissible in certain localities see Appendix 22.

Division VIII

Actual expenses

(b) [Deleted].

Division IX

Travelling allowance admissible for different classes of journeys

Note. (i) The term "special means of conveyance" does not include boats (except between the stations of Silchar and Changsil and between Silchar and Sairang) or bullock carts which are ordinary means of conveyance but it includes accelerated carts where there is an accelerated service.

(ii) The term "actual cost of travelling" incudes the cost of moving baggage which an officer cannot take with him when travelling by a pony and for which he is compelled to hire a coolie.

(iii) Boat shall be regarded as a special means of conveyance in the case of all subordinate officers of the Forest Department, and in the case of all third and fourth grade officers serving in Sadiya Frontier Tract.

Division X

Journey on tour

(i) General rules

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

(2) The ordinary jurisdiction of a Circle Inspector of Police (except Reserve or Court Inspector) is the Circle in which he is employed. The jurisdiction of Reserve and Court Inspectors and Court Sub-Inspectors, Court Assistant Sub-Inspectors and Constables is their headquarters station. The jurisdiction of Reserve Head Constables and Constables and also of Inspectors, Sub-Inspectors and Havildars of the Armed Branch is their headquarters station. The jurisdiction of Sub-Inspectors, Assistant Sub-Inspectors, Head Constables and the Constables of the Unarmed Branch is the Police Station to which they are attached. The jurisdiction of the Sub-Inspectors, Assistant Sub-Inspectors and Constables and of the Circle Inspector's headquarters staff is their headquarters Police Station. The jurisdiction of the Sub-Inspectors, Head Constable and Constables of Town Police is the municipal limit of the town to which they are posted.

(3) The sphere of duly of all records during re-settlement operations is the circle in which they work and then travelling allowance will be governed by S.R. 202.

(4) The sphere of duty of all personnel of the Government Railway Police is the whole of Government Railway Police District.

Note 1. Government servants attending meeting of the Court of Executive Council of the Gauhati University and those, who, though not members of the Board of Agriculture, attend the meetings at Pusa as visitors, are on duty and will draw travelling allowance accordingly.

Note 2. The Principal of a Government College or a professor authorised by him in that behalf who attends the annual convocation of the Gauhati University in order to identify the graduates from his college is on duty and will draw travelling allowance accordingly.

Note 3. Civil Surgeons appointed to conduct the examination held by the Assam Medical Examination Board are on duty and will draw travelling allowance accordingly.

Note 4. Officers of the Assam Educational Service appointed as outside Examiner in connection with examinations held by the Assam Medical Examination Board at Dibrugarh are on duty and will draw travelling allowance accordingly.

Note 5. Educational Officers who are required to perform journeys on scouting work are on duty and will be allowed by competent authority to draw travelling allowance accordingly.

(a) A Government servant summoned to answer a civil or criminal case in respect of his official act, should not without the orders of Government be treated as on duty under this rule unless Government have undertaken his defence at the public cost.

(b) Government servants summoned for inspection before selection as candidates for a post may be treated as on duty and draw travelling allowance under the ordinary rules ; provided the Head of the Department certifies that the journey was in the interest of the public service. Expenses of private individuals are contingent charge, and can only be paid with the sanction of Government, which will be very sparingly granted.

Note 1. Ferry and other tolls may be recovered unless the Government servant is exempt from these.

Note 2. In the case of police furnished under Ss. 13,14 and 15 of the Police Act 5 of 1861 , daily allowance up to 30 days will be allowed for halts performed during such duty both within and without their jurisdiction.

1. Serial No.

2. Designation of Officers

3. Limitations and exceptions

(b) When Such tents are used by a Government servant on tour for office purposes, they may be carried at Government expense.

(c) When used partly for office and partly for private purposes the Government servant, must except as provided in S.R. 221, pay half the cost of carriage. When used wholly for private purposes, Government servant must, except as provided in S.R. 221, pay the entire cost of carriage.

Note. The traversers of the Assam Survey Department will pay one-fourth of the freight charges for carriage of tents used partly for keeping office papers and instruments and partly for sleeping in.

(ii) Government servants in receipt of permanent travelling allowance

(1) a Government servant of the 4th grade and any other class of Government servant to which a competent authority may extend this concession, may draw in addition to permanent travelling allowance, single fare for journey by rail; and

(2) a competent authority may, by general or special order, permit a Government servant whose sphere of duty extend beyond the limits of a single district to draw, in addition to a permanent travelling allowance whenever his actual travelling expenses for a duly authorised journey by public conveyance exceed double the amount of his permanent travelling allowance for the period occupied in such journey, the difference between such double permanent travelling allowance an the mileage allowance calculated for the journey.

Note. In calculating permanent allowance for a portion of a month in this and the preceding rule, a month will be taken as 30 days.

Note 1. In the case of a motor car, the cost of transporting a chauffeur or cleaner and for each horse the cost of transporting one syce and one grass-cutter may be drawn.

Note 2. The object of the rule is to meet an extraordinary case in which a Government servant, has in the discharge of the official duties, to make use of his horse or camp equipment in one place immediately or very shortly after having had to use them in the public service in another, and is, therefore, in the exigencies of the service, compelled to convey them by rail or steamer. The term "in the Public service" includes economy of a Government servant's time.

Note 3. Incidental expenditure may be admitted under this rule, for carriage of camp equipment and conveyance from steamer to quay, but no charges on shore.

Note 4. A competent authority may allow transport of bicycles by motor bust along routes traversed by regular motor services.

(b) A competent authority may, by general or special order, prescribe limitations on the weight of camp equipment and the number of conveyances and animals to be carried at Government expense under Clause (a) of this rule by a particular Government servant or class of Government servants.

(iii) Government servants not in receipt of permanent travelling allowance to draw daily allowance

Note 1. The examiner, Local Accounts may permit a local auditor to draw daily allowance during compensation leave, even if such leave is spent at a station other than that at which it was earned ; provided that daily allowance shall not be drawn for such leave taken at headquarters or earned at headquarters. Daily allowance may not be drawn for a period of compensation leave combined with regular leave.

The expression "local auditor" in this Note includes "an assistant local auditor".

Note 2. The Extra Assistant Commissioners and Munsiffs when away from their headquarters, on duty within the district, and subordinate Judges when temporarily transferred on duty from one district to another, may draw daily allowance at full rates for the first month of the halt and at half rate for the second and the third month. After the third month the allowance will cease altogether.

The allowance is not admissible during leave but may be drawn during a vacation. It will not be allowed to Munsiffs in case in which they join their duties at the station to which they are deputed before joining the station to which they are permanently attached, i.e., unless the deputation involves an actual change of station and the expenses of a double establishment. Claims not covered by this principle should be referred to Government for orders.

Note 3. The establishment accompanying these officers will also be entitled to the daily allowance at full rates for the first month and at half rates for the second and third months after which the allowance will cease.

Note 4. Halting allowance may be drawn by an officer for halt at headquarters if he is summoned there to give evidence while on leave elsewhere.

Note 1. The provisions of this rule do not apply in the case of Government servants (i.e., officers of the Indian Administrative Service, Assam Civil Services Class I and II) deputed to undergo a course of instruction in Survey and Settlement at the Assam Survey School, Jhalukbari, serial 14 of Appendix 28 and serial 2 of Appendix 24 being absolute in their case.

Note 2. In cases where a village is less than 8 Kilometers from headquarters in a straight line but more than 8 Kilometers by the only practicable route, travelling allowance may be admitted by that route, but the allowance cannot be granted simply on the ground that a journey exceeding 8 Kilometers was performed in visiting several villages, none of which was more than 8 Kilometers from headquarters by the ordinary direct route.

(a) a Government servant, who takes casual leave while on tour is not entitled to draw daily allowance during such leave ;

(b) a Government servant who during the course of his tours returns temporarily to headquarters on a Sunday or public holiday to attend to his private business, is not entitled to draw daily allowance for any day whether Sunday or holiday unless he is actually, and not merely constructively, in camp ;

(c) when a Government servant on tour leaves his station to enjoy holidays, he may be allowed to draw daily allowance for the day on which he leaves and for the day on which he returns to the place of halt, provided he leaves it after the regular working hours begin.

(a) that prolonged halts are necessary in the interest of the public service, and

(b) that such halts necessitate the maintenance of camp equipage or where no camp equipage is maintained, continue after the first 10 days, to entail extra expenses upon the halting Government servant.

Note 1. When a competent authority exempts any officer from the operation of the above rule, the rate of daily allowance drawn by the officer will be reduced to ¾th after the first 10 days and to ½ after the first 30 days except where otherwise provided in Appendix 24 [See also para 7 of the "Executive Instructions" below S.R. 225-A as inserted by C.S. No. 228].

Note 2. The District and Sessions Judges, Additional District and Sessions Judges, Assistant and Subordinate Judges and Munsiffs and the establishment travelling with them, the Working Plans Officers and the Forest Veterinary Surgeon, may draw daily allowance at ¾th rates after 30 days' halt, if the controlling officers certify that the prolonged halt was necessary.

The expression "Working Plan Officers" occurring in this Note includes in its scope Gazetted Officers and Forest Subordinates attached to a Working Plan Division.

(a) after a continuous halt of 10 days' duration, the halting place shall be regarded as the Government servant's temporary headquarters ;

(b) a halt is continuous unless terminated by an absence on duty at a distance from the halting place exceeding 8 Kilometers for a period including not less than 3 nights ;

(c) in calculating the duration of a halt, any day on which the Government servant travels or halts at a distance for the halting place exceeding 8 Kilometers, shall be excluded. On such a day the Government servant may draw daily allowance or exchange it for mileage allowance if admissible.

Mileage Allowance and Actual Expenses in Place of or in Addition to Daily Allowance

Note. Heads of Departments are allowed to draw mileage allowance instead of daily allowance for journeys on the Dimapur-Imphal Road.

(b) When a journey by road is combined with a journey by railway or steamer under Clause (a) of this rule-

(i) mileage allowance may be drawn on account of such journey by road, but such mileage is limited to the amount of daily allowance, unless the journey by road exceeds 32 Kms.;

(ii) unless such journey by road be a journey to or from the Government servant's headquarters, mileage allowance shall be calculated on the distance actually travelled, without reward to the points fixed by or under S.R. 169.

Note. The road journey must be in continuation of the rail or steamer journey [See also Note 1 under S.R. 182].

(c) Officers travelling on the Shillong-Cherra and Imphal-Dimapur roads shall, subject to the exceptions noted below, draw the following allowances for journey in excess of 32 Kms. performed on these roads in lieu of mileage allowance under S.R. 182 or 206 :

(i) the daily allowance to which they are entitled minus the proportionate permanent T.A., if any ;

(ii) in addition a single fare of the class noted below ; as fixed from time to time for journeys by omnibus-

Note. The expression "place of halt" in the above rule does not include a temporary halt at a Railway Station in the course of a journey except at Gauhati and Calcutta. The halt at these two stations in the course of a journey will entitle an Officer to draw half daily allowance in addition to mileage where admissible if it involves staying the night there.

These orders take effect from the 1st June, 1945.

Executive Instructions

1. For the purpose of the travelling allowance rules the word 'halt' means a pause in the course of a journey on tour necessitated by the performance of official duty at an out-station. No half daily allowance can, therefore, be claimed by a Government servant who stops at out-station merely for the purpose of breaking the journey for the night, or spends the night at such out-station in order to catch the next available means of conveyance on the following morning, or to resume his forward journey in continuation of the previous day's journey, subject to the special exception accorded in the note to halts at Gauhati and Calcutta necessitated by timing regulation.

Note. 'Journey' means journey by Road, Air, Railway or Steamer.

2. No half daily allowance is admissible for anyone unless the halt is preceded by a journey in respect of which an officer actually draws mileage allowance under S.R. 216.

3. Half daily allowance is intended to cover the expenses to halting for the night on lour; it follows that it is not admissible for the day on which an officer returns to his headquarters even he has drawn mileage for that day except in the case when a Government servant, who, while returning to headquarters, performs a journey of not less than 240 Kilometers on the day of return. The rate of allowance to be drawn for this purpose will be half the daily allowance admissible within the State if the journey commences within the State ; and if the journey commences outside the State, the allowance to be drawn will be half the daily allowance admissible outside the State.

4. In case of an officer whose absence from his headquarters does not exceed 24 hours but falls on two calendar days, half daily allowance will be admissible for the first calendar day of the halt; provided mileage allowance is drawn under S.R. 216 for the journey to the place of halt. The drawal of half daily allowance in such a case will be subject to the condition that the officer had to halt at the out-station for the night for the performance of the official duty.

5. In view of 2 above no half daily allowance can be drawn by an officer on any day on which he uses for his travel-a means of locomotion, provided at the expense of Government, since for such a journey he is not entitled to draw mileage allowance under S.R. 216. He will, however, be eligible to the half daily allowance , if otherwise admissible if a part of the journey is made by other means of locomotion for which he is entitled to claim mileage allowance under S.R. 301.

6. As a result of these interpretations it is also necessary to lay clearly the principle governing the drawal of daily allowance by a Government servant after the first ten days halt at out-station including the day of arrival. For a halt exceeding ten days including the day of arrival, the Government servant will be entitled to only 9-½ full daily allowance and thereafter at reduced rates as laid down in Note 1 to S.R. 212; if he is exempted from the operation of S.R. 212 (1). Where, however, the officer concerned does not apply for and obtain the order of exemption from the competent authority, he can draw for a halt exceeding ten days including the day of arrival ten full daily allowance.

7. All Controlling Officers are expected to see that no improper claim is passed under these rules.

Note 1. "Hired conveyance" includes a bullock cart, but only one cart should be allowed.

Note 2. The mileage allowance shall be limited to actual expenses when drawn under this rule.

(a) for a journey by railway or sea or river steamer, he may draw T.A. under S.R. 196;

(b) for a journey by road, he may exchange daily allowance for mileage allowance if the journey exceeds 32 Kms. or the condition of S.R. 217 is fulfilled ;

(c) for a journey by road combined with a journey by rail or by sea or river steamer, he may draw mileage allowance limited as in S.R. 216 (b) (i) except as provided in S.R. 217 for the road journey, in addition to the allowance admissible under Clause (a) of this rule.

Note. Police constable to whom advances are made for railway, steamer and road expenses may draw, in addition, if otherwise entitled to it, the daily allowance admissible under this rule.

Note 1. In the case of a motor car, the cost of transporting a chauffeur or cleaner and for each horse the cost of transporting one syce and one grass-cutter may be drawn.

Note 2. The object of the rule is to meet an extraordinary case in which a Government servant has, in the discharge of his official duties, to make use of his horses or camp equipment in one place immediately or very shortly after having had to use them in the public service in another and is, therefore, in the exigencies of the service compelled to convey them by rail or steamer. The term "in the public service" includes the economy of a Government servant's time.

Note 3. Incidental expenditure may be admitted under this rule for carriage of camp equipment and conveyances from steamer to quay but no charges on shore.

Note 4. (a) A competent authority may allow transport of bicycles by motor bus along routes traversed by regular motor services.

(b) An competent authority may, by general or special order, prescribe limitations on the weight of camp equipment and the number of conveyances and animals to be carried at Government expenses under Clause (a) of this rule by a particular Government servant or class of Government servants.

(i) officers of the Railway Police above the rank of Sub-Inspector ;

(ii) any other Government servant or class of Government servants whose duties involve travelling by Railway to whom a competent authority may declare them to be applicable.

(b) When such as a Government servant makes a journey by Railway on tour-

(i) he is entitled either to a free pass under the free pass rules of the railway or to the fares for himself and the servants and baggage accompanying him which a free pass would cover ;

(ii) he may draw daily allowance for any day on which he is absent from his headquarters for more than eight consecutive hours ;

(iii) he may not exchange for mileage allowance the allowances admissible under sub-Clauses (i) and (ii) of this rule ;

(iv) if he combines with a railway journey, a journey by steamer or road he may, if he travels to a place distant at least 8 Kms. from the point where he leaves the railway or returns to the railway from a place similarly distant draw mileage allowance, for the journey by steamer or road, in addition to daily allowance, if any, admissible under this rule or under S.R. 126 ; provided that the time spent on the journey by steamer or road shall be deducted in calculating the duration of his absence from his headquarters.

Note. No allowance may be drawn under this rule for a journey within 8 Kms. of headquarters.

Travelling Allowance Admissible for Journeys Within 8 Kms. of Headquarters

(a) the amount drawn, together with any amounts recovered under S.R. 224, should not exceed the daily allowance of his grade ;

(b) the period of the halt or interval for which it .is granted should not exceed ten days. An absence on duty from the halting place for less than three nights should not be treated as interrupting the halt or interval;

(c) the Government servant must satisfy that he has maintained the whole or part of his camp equipage during the halt or interval and that the expense of maintenance has been not less than the amount drawn. In the case of a non-Gazetted or menial servant, the head of the office must satisfy that such maintenance was necessary.

Note. The actual expense is the difference between the actual outlay incurred, e.g., monthly hire and what would be incurred if the equipage were to be discharged until wanted again. It does not include the cost of maintaining private conveyances.

(iv) Special Rules For High Officials

Division XI

Journey of a newly appointed Government servant to join his first post

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.

Note 2. The following classes of Government servants are entitled to draw travelling allowance under this rule :

(i) Trained Compositors from other States ;

(ii) Sub-Assistant Surgeons and Veterinary Assistants from their usual place of residence to the place to which they are posted.

Division XII

Journeys on Transfer

Note. An officer who, on transfer to another appointment, keeps a lien on his own appointment, may be allowed on reversion, travelling allowance under S.R. 243 by the controlling officer if the latter is satisfied that such reversion serves public interest.

I. For journeys by rail or steamer

(i) he may draw actual fare by rail or steamer not exceeding the fare of the entitled class plus an allowance for incidental expenses at four times the rate prescribed for journeys on tour by rail in respect of journeys by rail and at the rate of three steamer fare of the entitled class in respect of the journeys by steamer ;

(ii) he may draw one extra fare for each adult member of his family who accompanies him and for whom full fare is actually paid and one half fare for each child for whom such fare is actually paid ;

(iii) he may draw the actual cost of transporting at owner's risk rate by goods train, steamer or other craft personal effects up to the following maxima :

Note 1. If a Government servant carries his personal effects by passenger, instead of by goods train, he may draw the actual cost of carriage up to a limit of the amount which would have been admissible had he taken the maximum number of Kilometers by goods train.

Note 2. Subject to the prescribed maximum number of Kilograms, a Government servant may draw the actual cost of transporting personal effects to his new station from a place within the State other than his old station (e.g., from a place where they have been left on the occasion of a previous transfer) or from old station to a place within the State other than his new station ; provided that the total amount drawn, including the cost of transporting these personal effects shall not exceed that admissible had all his personal effects been transported from the old to the new station direct.

Note 3. The term "other craft" includes a country boat.

Note 4. A Government servant who carries his personal effects by road or boat between station connected by rail or steamer may draw actual expenses upon the limit of the amount which would have been admissible had he taken the same quantity by goods train or steamer subject to the production of the payee's receipt for the amount claimed :

(iv) Provided that-

(1) the distance travelled exceeds 130 Kms.;

(2) the Government servant is travelling to join a post in which the possession of a conveyance or horse is advantageous from the point of view of his efficiency ; and

(3) conveyances or horses are actually carried by rail, steamer or other craft.

Note 1. In the case of motor car, the cost of transporting a chauffeur or cleaner, and for each horse the cost of transporting one syce and one grass-cutter may be drawn.

Note 2. In the case of motor cars, motor cycles, and ordinary cycles, freight by passenger train is to be taken as "actual cost" if such train is actually used.

Note 3. Incidental charges e.g., unloading and loading and wharfage, are allowances only in the case of carriage by steamer. No charge on shore may be allowed.

Note 4. The full scale of conveyance provided in Clause (iv) above may be drawn by all officers on transfer according to their respective grads on production of a certificate from the controlling officer to the effect required by Clause (iv) (2). The concession is not ordinarily admissible in cases of temporary transfer.

Note 5. If a Government servant possessed a conveyance or a horse at the station from which he is transferred, he may draw the actual cost of transporting a conveyance or a horse respectively from a place other than his former station ; provided that the amount so drawn shall not exceed that admissible had it been from the old to the new station direct; and provided further that the conveyance or horse is actually transported to the new station within a reasonable time before or after the officer is transferred.

Note 6. When a Government servant transports his motor-car or motor cycle by road under his own power between stations connected by rail or steamer or partly by rail and partly by steamer, he may draw an allowance of 8 paise per Km. in respect of the motor-car and 4 paise per Km. in respect of the motor cycle, the distance to be reckoned for the purpose of this concession being limited to the distance between the stations by rail or steamer or both combined, as the case may be. If the Government servant himself travels by the car or motor cycle, he may draw the fares admissible under Clause 1 (ii). For any member of his family who travels by the car or motor cycle, the Government servant may draw the extra fare or half fare which would have been admissible under Clause 1 (ii) if the member had travelled by rail or steamer :

(v) A Government servant who travels by Government steamer or by a Government motor vehicle is not entitled for the journey by steamer or a motor vehicle, either to a mileage allowance under S.R. 242 or to the concession allowance by Clause (iv) of S.R. 243-1. He is entitled to free transport of himself, his family, servants and their bona fide personal effects and of conveyances and horses subject to the limits prescribed in Clause (iv) ; and may draw in addition the daily allowance of his grade.

II. For journeys by road

(i) He may draw mileage allowance at twice the rate applicable to him under S.R. 182 or 194, or any rate applicable to him, which has been fixed under S.R. 184 as the case may be.

(ii) He may draw additional mileage allowance at the rate applicable to him under S.R. 182 or 194, or any rate, applicable to him which has been fixed under S.R. 184, as the case may be, if two members of his family accompany him, and at twice the rate if more than two members accompany him.

Note. An Officer travelling on transfer by the Shillong- Gauhati road is entitled to travelling allowance at the following rates, viz:

(ii) He may draw one extra fare for each adult member of his family who accompanies him and for whom full fare is actually paid and half fare for each child for whom such fare is actually paid.

(iii) For the transportation of personal effects within the limits prescribed in Sub-Clause 1 (iii) of this rule, he may draw mileage allowance at the rate to be fixed by a competent authority. This rate will be calculated on the average cost of conveying goods by the cheapest method of conveyance.

Note 1. Within the following maxima rates the controlling officer may allow free transport of goods by road for journeys on transfer up to the maundage limits given in Clause 1 (iii) of this rule :

(1)	Maximum limit of 16 paise per 37 Kgs per Km. in	North Cachar Hills.
(2)	Maximum limit of 8 paise per 37 Kgs. Per Km. in	Karimganj Sub-division, the Mizo District except between Aijal and Sairang, and- Silchar and Rangamati and Demagiri, Manipur and the Garo Hills.
(3)	From Sadia up to Payan	Four paise per 37 Kgs. per Km. subject to a maximum of Rs. 15.
(4)	From Payan upwards and in the Tirap Frontier Tract and Sadiya Frontier Tract	Actual expenditure on carriage of luggage or 16 paise per 37 Kgs. per Km. whichever is less.
(5)	All other places	Maximum limit of 4 paise per 37 Kgs. per Km.

Note 2. The cheapest method of conveyance of goods on the Shillong Dawki and Imphal-Dimapur roads is by motor omnibus. The normal cost of such transportation will be declared half-yearly by the Deputy Commissioner, Khasi and Jaintia Hills, in the case of the Shillong-Dawki road and the Deputy Commissioner, Naga Hills, in the case of the Imphal Dimapur road.

(i) The term" personal effects" is not subject to definition but the controlling officer must satisfy himself that a claim to reimbursement on account of their transportation is reasonable.

Note. Private conveyances can be admitted as "personal effect" only if the Government servant is not entitled to their transport under S.R. 243-1 (iv).

(ii) The term "motor cycle" includes a side-car.

(iii) A member of a Government servant's family who follows him within six months from the date of his transfer or precedes him by not more than one month may be treated as accompanying him. If such member travels to the new station from a place other than the Government servant's old station, the Government servant may draw either the actual fare for the journey made or the fare admissible for the journey from the old to the new station, whichever is less.

Note 1. When a Government servant who was residing with his family is obliged to move them in consequence of his transfer to another station, he may be reimbursed the cost, even though they may not proceed to his new station ; but the travelling allowance drawn must be limited to actual expenses not exceeding the amount which would have been admissible if the family had proceeded to the officer's new station.

Note 2. A Government servant, whose family was not residing with him at the time of his transfer, may draw family travelling allowance for the family's journey to his new station ; provided that the amount of such allowance is limited to that admissible for the journey between the officer's old and new stations.

Note 3. To entitle an officer to travelling allowance under this clause on account of any member of his family subsequently joining him, the journeys should commence within six months of the officer' handing over charge at the old station and end within six months of his taking charge at the new station ; provided that in the case of an officer's transfer during leave the journey need not commence but must end within the aforesaid periods.

(iv) A Government servant who claims higher travelling allowance on the ground that members of his family accompanied him on transfer must support his claim by a certificate showing the numbers and relationship of the said members.

(v) A Government servant claiming the cost of transporting personal effects, conveyances or horses by railway or steamer or road must substantiate his claim by the production of the payee's receipts for the amount claimed.

(1) travelling allowance as on tour for his journey to the new headquarters;

(2) the rates of mileage allowance to which his grade entitles him on tour from his old to his new headquarters ;

(3) all further concessions admissible under Rule 243 direct from the old to new headquarters, excluding those in Clause I (i) thereof and the mileage referred to in Clause II (i).

(1) travelling allowance as on tour from the place of handing over charge to the place of taking over ;

(2) the rates of mileage allowance to which his grade entitles him on tour from his old to his new headquarters ;

(3) all the further concessions admissible under Rule 243 direct from the old to the new headquarters, excluding those in Clause I (i) thereof and the mileage referred to in Clause II (i).

(i) he may draw actual fare by rail not exceeding the fare of the entitled class plus an allowance for the incidental expenses at four times the rate prescribed for journeys on tour by rail in respect of journeys by rail and two fares of the entitled class in respect of journeys by steamer;

(ii) he may draw one extra fare for each adult member of his family who accompanies him and for whom such fare is actually paid and one-half for each child for whom such fare is actually paid ;

(iii) he may draw the actual cost of transporting at owner's risk rate by goods train or steamer or other craft to the following maxima.

(b) For journey by boat they are entitled to the actual expenses including the cost of transporting their baggage on the scale laid down above, on production of a certificate from the highest district authority of the Department to which the officer belongs.

(c) For journeys by road they are entitled to 8 paise for each Km. travelled and in the case of those accompanied by their families 12 paise per Km. In addition, they will draw the actual cost of transporting their baggage on the condition laid down in (b) above.

Note. A military officer, when required to join an appointment on His Excellency the Governor's staff direct from the Military Department on the expiry of leave exceeding 6 months will be entitled to draw travelling allowances as on transfer from the station from which he proceeded on leave to his new station. Travelling allowance may be drawn for the return journey in similar circumstances on reversion to the Military Department.

Division XIII

Journeys to Hills Stations

(a) sanctioning a halt in excess of ten days ; and

(b) officially intimating that his presence was required on duty throughout the period or that the was permitted to extend his stay during holidays immediately following his period of duty.

Note 1. The operation of this rule is not affected by exemption under S.R. 212.

Note 2. Shillong is a hill station for the purpose of these rules.

(a) that their work will not suffer in consequence of their absence from headquarters ;

(b) that any expenditure on account of travelling allowance for clerks, peons, etc. who may be brought up to Shillong, is defrayed by the officer themselves.

(i)	Inspectors of Schools	Between 15th May and 16th June of each year, after finishing their annual reports and with the previous sanction of the Director of Public Instruction.
(ii)	Gazetted Officer of the Forest Department	With the previous sanction of the Conservator of Forest for a period not exceeding six weeks in each year.
(iii)	Director, Veterinary Department	For a period of one month and a half, during August and September each year. Shillong will be his headquarters for the period. He will continue to do his office work at that station and be available for any sudden call necessitating his presence in any other district.
(iv)	Assistant Directors of Public Health	For a period of one month each year with the previous sanction of the Director of Public Health, but in the event of the outbreak of an epidemic they will, if required, immediately proceed to the affected area.
(v)	Settlement Officers	For a period of two months each year in the rains with the previous sanction of the Director of Land Record.
(vi)	Gazetted Officers of the Public Works Department	With the previous sanction of the Chief Engineer on the recommendation of their Superintending Engineer for a period or periods not exceeding three weeks in each year.

Division XIV

Journeys to attend an examination

(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 :

(1) travelling allowance shall not be drawn under this rule more than twice for any particular examination or standard of examination ; and

(2) a competent authority may disallow travelling allowance under this rule to any candidate who, in the opinion-

(i) has culpably neglected the duty of preparing himself for an obligatory examination, or

(ii) does not display a reasonable standard of proficiency in an examination which is not obligatory.

Note. Travelling allowance for journeys to attend an obligatory examination is admitted upon a certificate that the Government servant has not previously drawn travelling allowance twice for obligatory appearance in the same standard or for the same examination there is no standard.

Travelling allowance for an extra journey or journeys may be allowed to a Government servant if he is temporarily exempted from passing in either Assamese or Bengali or both by the higher standard till he is posted to a district in which that language is spoken.

If an S.D.C. voluntarily appears at an accounts examination he will be entitled to travelling allowance for two occasions.

If a ranger is permitted to appear at the departmental examination prescribed for Forest Officers he will be entitled to actual travelling expenses only.

Note. Travelling allowance is admissible to permanent compounders sent for the compounder's examination at Dibrugarh.

Division XV

Journey when proceeding on or returning from leave

(i) in the case of leave on full pay the concession shall not be granted more than once after every thirty-three months spent on duty, each period counting from the date which the officer last enjoyed the privilege, i.e. from the actual date of officer's resumption of duty ;

Note. A certificate should be attached to the travelling allowance bills by the controlling officer concerned that a free passage has not been granted during the preceding thirty-three months in the case of leave on full pay;

(ii) the concession shall not be given more than eight times in an officer's service; and

(iii) the concession cannot be claimed as a matter of right and will be dependent on the good work and conduct of the officer during the previous thirty-three months ;

(iv) the restriction that free passages shall not be granted more than once after every thirty-three months spent on duty shall not apply when leave is taken on medical certificate:

(a) the Civil Surgeon or Assistant Surgeon at District headquarters or the Assistant Surgeon at Sub-divisional headquarters has after personal examination, recommended leave for one month or upwards;

(b) the free passage shall be granted to an officer who goes on ordinary leave and afterwards obtains a medical certificate ;

(c) an officer returning from sick leave for which he has obtained free passages shall not again receive the concession (except in cases of sickness) until a period of thirty-three months has elapsed from the date of his return to duty ;

(d) the grant of leave on medical certificate shall not entitle any officer to exceed the maximum prescribed in sub- Clause (ii) ; and

(e) head constables and constables of both the armed and unarmed branches of the Civil Police Force who are recruited from outside the State may be allowed free passages whom it invalidated from service on medical grounds.

(i) If the leave for which he is recalled is in India and the leave thereby curtailed be not less than one month, he is entitled to draw mileage allowance for the journey from the place at which the order of recall reaches him.

(ii) If the leave from which he is a recalled is out of India and if the Government servant recalled has not completed by the date of leaving for India, either half the period of his leave or three months, whichever period is shorter, he is entitled to travelling allowance from the part or at which he lands in India to the station to which he is recalled.

(b) If the Government servant recalled to duty is entitled to travelling allowance under S.R. 254, he may not draw mileage allowance under Cl. (a) unless he abandons his claims to the mileage allowance specified in S.Rr. 242 and 243-1 (i) and (II) (i).

Division XVI

Journeys on retirement, dismissal or termination of employment

Division XVII

Journeys 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 :

(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 Government;

(iii) if the court in which he gives evidence is situated within 8 Kms. of his headquarters and no T.A. is therefor admissible for the journey, he may, if he be not in receipt of permanent travelling allowance, accept such payment of actual travelling allowance expenses as the court may make.

Note 1. A Government servant summoned to give evidence while on leave is entitled to the concession described in this rule.

Note 2. [Deleted.]

(i) when a Government servant, whether he is under suspension or not, performs journeys to attend police/special police establishment enquiry in connection with a case in which he is suspected to be involved :

(ii) where a Government servant undertakes journeys during suspension for appearing in a court of law, as an accused, and is later on acquitted by the court and reinstated in service or would have been reinstated in service but for death or his having attained the age of compulsory retirement or being allowed to retire voluntarily.

(i) the enquiring officer certifies that the official records to be consulted are relevant and essential for the preparation of the defence statement;

(ii) the competent authority certifies that the original records could not be sent to the headquarters station of the Government servant or the bulk of the documents rules out the possibility of copies being made out, and sent; and

(iii) the Head of office under whose administrative control the Government servant is, certifies that the journey was performed with his approval.

Division XVIII

Journeys to obtain medical advice

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 covered by this rule is unavoidable and if the expense thereof is altogether disproportionate to the pay of the officer concerned, the case should be referred to the Government for orders together with a certificate signed or countersigned by the Civil Surgeon that the journey is absolutely necessary. Except in cases of real emergency, such reference should be made before the journey is undertaken.

Note. Travelling allowance is not admissible for journey to obtain a medical certificate in support of an application for an extension of leave.

Note. Travelling allowance is not admissible for journey to obtain a second medical opinion in support of an application for an extension of leave.

(b) A competent authority may allow actual expenses, as limited by Clause (a) of this rule to be drawn by a Government servant who voluntarily applies for an invalid pension ; provided that the authority is satisfied that the circumstances of the applicant are such as to justify the concession.

Division XIX

Journeys in attendance on an incapacitated Government servant

Division XX

Journeys on a course of training

(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 :

Division XXI

I. Journeys to attend a Darbar or a Leave

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

III. Journeys of Government servants as members of the Auxiliary Force

Division XXII

Travelling allowance admissible when the whole or part of the means of conveyance is supplied without charge

(i) Journeys by Railway

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.

Note 2. When a journey is made by trolley on fixed fares on the Jorhat Railway, three quarters railway fare plus the amount of the fixed charges may be drawn.

(ii) Journeys by Sea or River Steamer

Note. The term "vessel" includes a motor boat.

(iii) Other journeys

(b) If a journey by such means of locomotion is combined with a road journey by ordinary conveyance and extends beyond 80 Kms. the Government servant so travelling may, at his option, draw either (1) the full daily allowance admissible under S.R. 188 or (2) if the journey by ordinary conveyance exceeds 32 Kms. the mileage allowance admissible under S.R. 182. No Extra allowance will in either case be drawn on account of the journey by means of locomotion provided by Government.

(c) If a journey by such means of locomotion is combined with a journey by rail or public steamer, the Government servants so travelling may draw either the full daily allowance admissible under S.R. 188 or the allowance admissible for the journey by rail or public steamer under S.Rr. 171-175 or 176-179 respectively. No additional allowance on account of the journey by the means of locomotion provided by Government will be admissible.

(d) In the case of Sadiya and Balipara Frontier Tracts, no charge need be made for the supply of Government transport to Government servants of the Senior, 1st and 2nd grades on tour but when such transport is supplied they will draw only daily allowance admissible under the rules. For journeys on which free transport is not supplied they will draw the ordinary travelling allowance.

"Certified that the journey has been performed by the personal car of the officer and that the mileage allowance in lieu of daily allowance has been in this bill as the Government vehicle placed at his disposal was under repair/not available for use for bona fide reasons and that approval of the Commissioner/Heads of Departments has been obtained."

Note. For elephants and boats see hire rates is Appendix 29.

Division XXIII

Journeys on transfer to or reverting from foreign service

Division XXIV

Journeys of Government servant in Military employ

(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 Levee is held a daily allowance of Rs. 3.50.

Division XXV

Journeys of other persons

(b) In the case of the kind contemplated by Clause (a) of this rule, a competent authority may, in its discretion, grant to the person concerned his actual travelling, hotel and carriage expenses instead of travelling allowance under that clause.

(c) A competent authority may delegate the power conferred upon it by Clause (a) of this rule to the Government servant presiding over the meeting of the commission or other body which the person concerned is required to attend.

(d) Non-officials including Members of Legislature appointed to honorary offices, may be allowed by a competent authority or by the authority appointing them to offices, to draw conveyance allowance while performing the duties of the said honorary offices, at rates to be determined by such authority.

Note 1. Non-official members attending the Assam Railway and Steamer Communication Advisory Board are entitled to draw travelling allowance admissible to a Government servant of the first grade with daily allowance of Rs. 5.

Note 2. Non-Official members of the Assam Medical Examination Board may be allowed travelling allowance as first Grade Government servants at rates admissible for journey on tour.

Note 3. [Deleted].

Note 4. The travelling allowance/daily allowance or actual travelling, hotel and carriage expenses referred to in Clauses (a) and (b) of this rule will be admissible on production of a certificate by the non-official members to the effect that they have not drawn any such allowances for the same journeys and halts from any other Government source.

(a) The payment of the entire amount due, including travelling allowance for the return journey, may be made on presentation of the bills at the Treasury after) necessary countersignature of the controlling officer without sending the bills to the Accountant General, Assam, for pre-audit, it is, however, considered necessary to secure an undertaking from the members concerned to the effect that any over-payment of travelling allowance detected would be repaid by them in cash or loan in subsequent bills or other claims they may have on Government. In case any member does not give the undertaking there will be no alternative but to defer the payment until his travelling allowance bill is pre-audited in the normal course. After the money is drawn and disbursed according to this procedure the drawing and disbursing officer will have to furnish a certificate to audit within a month of drawal showing that the return journey has been duly performed.

(b) In the case of committees, etc., convened by Government the Secretary of the Administrative Department concerned should be declared as the drawing and disbursing officer of non-official members' travelling allowance bills. But as the Administrative Department have no separate allocation, the expenditure will have to be met out of the general provision controlled by the Chief Secretary who may remain the controlling officer and all such travelling allowance bills have to be countersigned! by him or by such other officer as may be authorised by him.

(c) The bills should be drawn in the travelling allowance bill form. The drawing and disbursing officers will be responsible for the correct preparation of the bill and it will be the duty of the controlling officer to see that the bill is in order and to fill up the allotment column, etc.

(d) The procedure will apply in the case of all non-official members of such Committees, Board, etc. including the Members of Legislative Assembly.

Division XXVI

Controlling Officers' signature on travelling allowance bill

Note. The provision of this rule shall not be applicable in the cases where the Government servant prefers the claim for his T.A. including D.A. to the head of office or the controlling officer within one year from the date on which it becomes due.

(a) to scrutinise the necessity, frequency and duration of journeys and halts for which travelling allowance is claimed and to disallow the whole or any part of the travelling allowance claimed for any journey or halt if he considers that a journey was unnecessary or unduly protracted or that halt was of excessive duration ;

(b) to scrutinise carefully the distances entered in travelling allowance bill;

(c) to satisfy himself that the actual cost of transporting servant, personal effects, etc., is claimed under these rules, the scale on which such servants, effects, etc., were transported was reasonable, to see that receipts of the railway and steamer companies or other carries in respect of claims for transportation of personal effects, conveyances or horses accompany the travelling allowance bills, and to disallow any claim which, in his opinion, does not fulfil that condition ;

(d) to check any tendency to abuse the option of exchanging daily allowance for mileage allowance ; and

(e) to observe any rules which a competent authority may make for his guidance.

"Certified that the particulars of the journeys performed by the non-gazetted officers have1, been verified and that the Gazetted Officer under whose instructions the journeys were undertaken has certified that the journeys had actually been performed".

Finance (A.P.F.) Department (Misc. Branch)

Office Memorandum

(1) The concession will be admissible to Government servants whose homes are within the State of Assam once in a period of two calendar years for visiting their homes. It will cover Government servants and their families as defined in Clause (5) below. The families need not necessarily accompany the Government servants but may proceed or follow them during the same calendar year. For purpose of deciding the number of occasions the qualifying journeys made by a Government servant and his family will be viewed as one.

(2) Government servants whose 'homes' are within a distance of 200 Kms., from their headquarters will not be allowed the concession.

(3) Those whose 'homes' are beyond 200 Kms., from their headquarters shall themselves meet the entire cost of fares or mileage allowance for the initial 200 Kms., on each of the outward and return journeys. For the remaining distance (over the initial 200 Kms.), the Government will meet 100 per cent of the actual fares or mileage allowance. In every case the journeys should be to the 'home' and back but it need not necessarily commence from or end at the headquarters of the Government servant either in his own case or in the case of the family. But the assistance admissible will be the amount admissible for the actual distance travelled, limited to the amount that would have been admissible had the journey been performed between the headquarters and the 'home' of the officer.

(4) The term 'home' referred to in the office memorandum shall be the permanent home town or village as entered in Service Book or other appropriate official record of the officer concerned, or such other place as declared by him, duly supported by reasons (such as, ownership of immovable property, permanent residence of near relatives, for example, parents, brothers, etc.) as the place where he would normally reside but for his absence from such as station for service in Government. Persons "displaced" from territories now part of Pakistan or those who have recently acquired an Indian domicile or those who have not so far declared their homes for any purposes in correspondence with Government, for example, service records, applications for house building advances, etc., should now make a formal declaration. In every case the declaration should be made to the authority who has been declared to be the controlling officer in respect of the officer for purposes of T.A. claims. It should reach that authority not later than six months from the date of issue of these orders. In the case of an officer in foreign service, the period of six months should be reckoned from the date of his reversion to Government service, unless the concession is extended to him during his foreign service, in which case a declaration shall be made with in six months of the date on which it is decided to extend the concession to him. Officers appointed to Government service in future should make such a declaration before the expiry of six months from the date of their entry into service.

(5) The term 'family' shall have the same meaning as given in the rule applicable to the Government servant for the purpose of T.A. on transfer. Where the wife is also a Government servant the concession will be admissible to the family on the scale admissible to the husband or the wife and not both.

(6) The concession is not admissible to a Government servant who has not completed one year of continuous service on the date of journey performed by him or his family, as the case may be.

(7) A Government servant who has a family as defined for the purposes of leave travel concession, living away from the place of work, may instead of having the concession for his family as well as for himself once in a block of two years, avail of the concession for himself alone once every year for visiting his home town.

(8) The Government servants and their families who are unable to avail themselves of the concession in a block of two years, may be permitted to count the next block period from the end of first year. Thus, in the case where the Government servant and his family could not avail themselves of the concession in the 1964-65 block, they should be eligible to count the next block with effect from the first January, 1965. The concession due for the 1964-65 block must, however, be availed of by them before 31st December, 1966. In case they fail to avail themselves of the concession before that date they are entitled to concession for that block, the block should be treated as having lapsed.

(9) The concession will be admissible to the Government servant during any kind of leave including casual leave and no minimum period of leave need be insisted upon to qualify for the concession. In case of a Government servant serving in a vacation Department vacation will be treated as regular leave for the purpose of this concession.

(10) In the case of the return journey falling in the succeeding calendar year, the concession should be counted against the year in which the outward journeys commenced.

(11) If the leave applied for the Government servant is refused in writing by the authority competent to sanction the same, in the public interest, and if, also certified by that authority that leave cannot be granted at any time during that calendar year, the concession may be granted in respect of the family of the Government servant during that year. In that case the concession will be deemed to have lapsed for that occasion so far as the Government servant is concerned.

(12) The concession is admissible for journeys within the State as follows :

(i) Railway journey. - The class of railway accommodation to which the Government servant and his family will be entitled, will be the class to which he is entitled under the normal rules at the time the journeys are undertaken. It will be permissible for the Government servant and/or his family to travel in a class higher or lower than that to which he is entitled in the former cases the Government's liability will be 100 per cent of the fare for the excess distance by the class to which he is entitled and in the latter case, 100 per cent of the fare for the excess distance by the class in which he or his family actually travelled.

(ii) Journeys by the State Transport. - For the journey which is performed by the State Transport Services the concession will be admissible on the basis of 100 per cent of the fare for the excess distance by the class of accommodation to which the Government servant and his family are entitled. When there are no recognised classes of accommodation, the fare of the class actually used will be admissible.

(iii) Journeys by public vehicles other than State Transport Services. - A Government servant shall be entitled to one mileage allowance plus one additional mileage each, for each entitled member of his family at the rate applicable to his grade up to 100 per cent of such mileage allowance for the excess distance.

(iv) For the portion of the journey which is not connected by a recognised public transport system, Government assistance will be 100 per cent of the road mileage as prescribed for journeys by own car and private transport under the rules at single rate irrespective of the number of members of the family.

(13) Government servant will be reimbursed 100 per cent of the rail/State transport fares of the road mileage mentioned in the preceding para of the journeys beyond the first 200 Kms. on presentation of claim in T.A. bill form on the usual certificates that they actually performed such journeys.

(14) A certificate in the form enclosed should be submitted by Government servants with their T.A. bills for travel concession.

(15) Government servants should inform the controlling officer before journeys for which assistance under this Scheme will be claimed, are undertaken.

(16) A record of all assistance granted under these rules shall be suitably maintained. In the case of Gazetted Officers, the record shall be maintained by the Accounts Officer concerned. In the case of non-Gazetted staff, the record should be in the form of entries in the Service Book or other appropriate service records and should indicate the date or dates on which the journey or journeys to "Home" commenced. The authority responsible for the maintenance of service record shall ensure that on every occasion a Government servant proceeds on leave which is entered in his service records, the fact as to whether or not he availed of the travel assistance under these orders, is entered on that record.

(17) In the case of A.I.S., Officers, the concession will be admissible to them as per Appointment's O.M. No. A.B.I. 32/56/75, dated 14th December, 1957 and subsequent amendments issued from time to time.

(18) These orders will not apply to persons who are-

(i) not in the whole time employment of Government,

(ii) paid from contingencies,

(iii) eligible for any other form of travel concession,

(iv) staff borne on work-charged establishment.

(19) These orders, will take effect from 1st April, 1964.

Certificate to be given by a Government servant

Signature of the Government servant

Finance (A.P.F.) Department (Misc. Branch)

Notification No. FM. 2/65/95-Part I, dated 19th March, 1968

Office Memorandum

"That my husband/wife is not employed in Government service. That may husband/wife is employed in Government service and the concession has not been availed of by him/her separately for himself/herself or for any of the family members for the concerned block of two years".

Finance (A.P.F.) Department (Misc. Branch)

Notification No. FM. 2/65/58, Part I, dated 14th August, 1967

Office Memorandum

(1) In para (8) of the above O.M. it is laid down that the concession due for the Block 1964-65 must be availed of by Government servants before 31st December, 1966. It follows that the claims for the travel concession submitted after 31st December, 1966 by Government servants are no longer valid in so far as the Block 1964-65 is concerned. No claim for travel concessions submitted 3st December, 1966 in respect of the Block 1964-65 should therefor the entertained.

(2) In paras (13) and (14) of the above O.M. it has been specifically provided that Government servants submitting claims for the travel concessions shall have to submit the certificates in support of their claims for concessions. The certificates alone are not sufficient to establish the genuineness of a claim for travel concession before the controlling officers. It is, therefore, decided that Government servants submitting T.A. bills for the concession should henceforth furnish the Serial Nos. of Railways/State Transport tickets, cash receipts, etc. along with their T.A. bills, for the concession. All controlling officers must see that these Serial Nos. of Railways/S.T. tickets, cash receipts, etc. are furnished invariably in the T.A. bills of travel concessions, before countersigning such bills.

Finance (A.P.F.) Department (Misc. Branch)

Notification No. F.M. 156/57/7, dated the 11th September, 1975

1. Honorarium. Honorarium should not be allowed to Government employees above the rank of Under-Secretaries and officers of equivalent rank and status. While sanctioning honorarium due care should be taken to justify the specific work or performance for which the amount was considered. Under no circumstances should more than 10 per cent of the employees in an office be entitled to receive honorarium. Honorarium for extra work should be decided before the work is entrusted to an officer/employee and it should not be sanctioned as a recurring allowance.

2. Sitting Fees. The practice of drawal of sitting fees by Official Directors for attending meetings of the Board of Directors of different companies should be discontinued henceforth.

3. Travelling Allowance. The Departments should enforce economy on tours by officers and others by proper planning and readjustment. Supervisory Officers should not be furnished with a comprehensive questionnaire by the Administrative Department/Heads of Departments for the purpose of inspecting different officers in course of the same tour.

4. (a) Office contingencies and hospitality charges. There should be utmost economy on expenditure on telegrams, telephone calls including trunk calls and any other items of contingent expenditure. Utmost economy should also be effected on the use of Pol in pool vehicles.

(b) Repair and maintenance of vehicles. To ensure economy on expenditure on repair and maintenance of Government vehicles, all repairing works should be carried out in Government and semi-Government workshops, where available.

5. These orders shall take immediate effect.

Finance (A.P.F.) Department (Misc. Branch)

Notification No. F.M. 69/74/13, dated 4th May, 1976

Office Memorandum

(ii) If the journey is solely or mainly in connection with the affairs of the undertakings, etc. the whole expenditure on the travelling and daily allowance of the Government servant, which is initially borne by the Ministry/Department concerned, should be recovered from the undertakings, etc. In case, however, the journeys of and halts are mainly connected with the affairs of Government, and only partly for the work of the undertakings, etc., no part of such expenditure should be recovered from the undertakings, etc.

(iii) The authority controlling the allotment of funds for the travelling and daily allowance of the Government servants concerned shall be the sole judge for determining whether recovery should be made or not from the undertakings etc.

Notification No. FM. 46/74/15, dated 22nd July, 1975

Office Memorandum

Government of Assam

Finance (A.P.F.) Department: Misc. Branch

Office Memorandum

Secretary to the Government of Assam, Finance Department.

Government of Assam

Finance (A.P.F.) Department: Misc. Branch

Office Memorandum

Under-Secretary to the Government of Assam
Dated Dispur, the 2nd May, 1983

Special Rules Relating to Assam Rifles

[Not printed]

Appendices

Appendix 1

[F.R. 6 and S.R. 1 in Section II]

Delegations made by the Government of Assam under Fundamental Rules

Appendix 2

[S.R.2]

Cases in which the assent of the Finance Department may be presumed to have been given to the exercise of powers by Departments of Government