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Contents
Basic provisions of fundamental rules
Applicability of rules
These Rules may be called as Fundamental Rules and these Rules come into force with effect from the 1st January 1922. (FR)
These Rules applies to all Government Servants whose pay is debitable to Civil Estimates.
These Rules do not apply to Government Servants whose conditions of service are governed by Army or Marine Regulations.
Any relaxation to these Rules may be made with the concurrence of Ministry of Finance.
Power of interpreting these Rules is reserved to the President of India.
Basic terms & definitions
Administrator means an Administrator of a Union Territory appointed by the President under Article 239.
Cadre means the strength of a Service or a part of a service sanctioned as a separate unit.
Duty includes service as a probationer or apprentice provided that such service followed by confirmation; Training in India and Joining Time.
Foreign Service means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India/State/Union Territory.
Honorarium means a recurring or non-recurring payment granted to a Government servant from the Consolidated Fund of India/State/Union Territory as remuneration for special work of an occasional or intermittent character.
Joining Time means time allowed to a Government Servant in which to join a new post or to travel to or from a station to which he is posted.
Leave Salary means the monthly amount paid by Government to a Government servant on leave.
Lien means the title of Government Servant to hold a regular post, either immediately or on the termination of a period or periods of absence, to which he is appointed on regular basis and on which he is not on probation.
Ministerial servant means a Government Servant of a subordinate service whose duties are entirely clerical.
Month means a calendar month.
Officiate means performance of duty of post on which another person holds lien.
Time-scale pay means pay which rises by periodical increments from minimum to maximum. It includes the class of pay hitherto known as progressive.
Pay means the amount drawn monthly by a Government Servant as pay which has been sanctioned for a post held by him substantively or in a officiating capacity.
Permanent Post means a post carrying a definite rate of pay sanctioned without limit of time.
Personal pay means additional pay granted to a Government Servant.
Special Pay means an addition in the nature of pay to the emoluments of a post .
Subsistence Grant means a monthly grant made to a Government servant who is not in receipt of pay or leave salary.
Substantive Pay means the pay to which a Government Servant is entitled on account of a post to which he has been appointed substantively.
Temporary Post means a post carrying a definite rate of pay sanctioned for a limited time.
General conditions of service
No person may be appointed in India to a post in Government Service without a Medical Certificate of Health.
The whole time of a Government Servant is at the disposal of the Government which pays him, without claim of additional remuneration.
A Government Servant who has acquired lien on a post retains the lien on that post.
No lien shall be retained in case of absorption to a service outside the Government.
Lien shall be terminated on his acquiring a lien on another post outside the cadre on which he is borne.
Government Servant may be transferred from one post to another post.
A Government Servant may be required to subscribe to a fund in accordance with the rules as the President may by order prescribe.
Successful completion of Probation period as mentioned in the Recruitment Rules is mandatory.
A Government Servant begin to draw the pay and allowances attached to his post with effect from the date when he assumes the duties of that post and shall cease to draw them as soon as he ceases to discharge those duties.
A period of an unauthorized absence shall be deemed to cause an interruption or break in the service of the employee.
Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government Servant shall be granted leave of any kind for a continuous period exceeding five years.
Classification of posts
Classification of Posts (As per OM dated: 09.05.2018) :
creation of posts
A post to be created, may be a permanent post or a temporary post or a tenure post.
Type of Posts:
- Permanent Post
- Temporary Post
- Tenure Post
- Supernumerary Post
- Analogous Post
Permanent Post means a post carrying a definite rate of pay sanctioned without limit of time.
Temporary Post means a post carrying a definite rate of pay sanctioned for a limited time.
Tenure Post means a permanent post which an individual Government Servant may not hold for more than a limited period.
Supernumerary Post (Shadow post) means post created for the purpose of accommodating the lien of a Government Servant till he is absorbed substantively in a regular permanent post, it should not be created. for an indefinite period as other permanent posts are, but should be created for a definite and fixed period sufficient for the purpose in view
Analogous Post means posts which can be comparable to other analogous posts by Scales, Group, Duties & Responsibilities assigned to them, Specific Qualification, etc.
Post shall be created as per Delegation of Financial Powers Rules.
Consent of Finance Ministry is required.
Fund position in this regard may be looked into.
Work Study Unit shall be consulted.
Recruitment bodies
Recruitment through UPSC : All Gazetted posts under Central Government as per their Recruitment Rules.
Recruitment through SSC : As per OM dated: 21.05.1999, all non Gazetted posts under Central Government as per their Recruitment Rules.
Recruitment through Employment Exchange : All vacancies in Central Government Establishment other than those filled through UPSC, SSC or alike agencies should be notified to the nearest Employment Exchange and no department or office should fill any vacancy by direct recruitment, unless the Employment Exchange issue a Non Availability Certificate.
Recruitment notice should be published in the “Employment News” also for wider publicity.
Framing of recruitment rules
Recruitment Rules are rules notified under proviso to Article 309 prescribing the method of Recruitment and eligibility of such recruitment.
Recruitment Rules shall be amended on a regular basis (every five years) as required as per norms of DoPT.
As soon as a decision is taken to create a new post / service or to upgrade any post or restructure any Service, action should be taken immediately by the Administrative Ministry / Department concerned to frame Recruitment Rules/ Service Rules therefore.
Recruitment Rules should be framed for all posts which are likely to last for one year or more.
The Administrative Ministries / Departments are empowered to frame / amend Recruitment Rules with the approval of Competent Authority.
- Name of Post
- Number of Post
- Classification
- Pay Scale
- Selection or Non Selection
- Age limit for direct Recruitment
- Educational Qualification
- Age/Educational Qualification for Promotees
- Probation
- Method of Recruitment
- Field of Selection
- Departmental Promotion Committee
- Consultation with UPSC
Appointments
Appointments are to be made in following :
- Substantive Appointment
- Temporary Appointment
- Adhoc Appointment
- Compassionate Appointment
- Appointment on Promotion
- Appointment on Deputation
- Appointment on Contract Basis
- Appointment on Daily Wages
Age relaxation for appointments
Certain age concessions have been sanctioned to few specified categories as per their RRs some of them are as under:
Date of birth & subsequent alteration
Every new entrant in Government Service should declare his date of birth by the Christian Era at the time of initial appointment with documentary evidence.
In the absence of such proof:
- He may declare his approximate age.
- If the year of birth is only declared, assumed date will be 1st July of the year.
- If the month and year are declared, assumed date will be 16th of that month of the year.
Subsequent Alteration:
- An employee make his request in this regard within 05 years of his entry into Government Service.
- It is clearly established that a genuine bona fide mistake had occurred.
- The date of birth so altered would not make him ineligible to appear in any examination which he had appeared.
Change of name
If a Government Servant wishes to adopt a new name or effect any modification in his/her existing name, he/she should first execute a Deed in the Prescribed form.
After execution of deed, Government servant should have the change of name published in a prominent local newspaper as well as in the Gazette of India at own expense. On completion of this process change of name will be entered in the Service Record.
Addition/Change in surname on account of marriage/remarriage/divorce/separation in respect of a female Government Servant:
No deed is necessary. Only intimation of her marriage, particulars of her husband and request change in her surname should be submitted.
Similarly, intimation regarding change in marital status and a formal request for reversion to her maiden name is to be submitted.
CCS (JOINING TIME) RULES
Joining Time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station.
Conditions:
(1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon.
(2) The joining time shall be calculated from old headquarters in all cases
(3) Not more than one day's joining time shall be allowed to a Government servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term 'same station' will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities, notified areas or cantonments as are contiguous to the named municipality, etc.
(4) In cases involving transfer from one station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).
Formality on first appointment
Oath of Allegiance
All new entrants to Government Service are required to take an oath of Allegiance to the Constitution of India in the prescribed form-I. It can be taken either in English or Hindi. The oath should be taken before the Head of Department or Office or a authorized Gazetted officer.
Medical Examination
To ensure that persons only physically as well as mentally sound in health are admitted to Government Service, every candidate for appointment is required to produce Medical Certificate of Fitness from appropriate Medical Authority (Medical Board or Civil Surgeon or a Medical officer as the case may be).
Home Town Declaration
Declaration of Marital Status
Immovable Property Return
Character Certificate
Attestation Forms
Probation & confirmation
TopicProcurement from Government e-Marketplace GeM|| General Financial Rules, 2017|GeM STATISTICS|
PROBATION :
A person is appointed on probation in order to assess his suitability for absorption in the service to which he has been appointed. Probation should not, therefore, be treated as a mere formality. The appointing authority may declare successful completion or extend the period of probation or terminate the services of a temporary employee on probation, on the basis of evaluation of performance.
For exceptional reasons, probation should not be extended for more than a year and in no circumstance an employee should be kept on probation for more than double the normal period.
Confirmation : An officer who has successfully completed the probation, as prescribed under relevant rules, may be considered for confirmation. Consequent upon the above decision of delinking confirmation from the availability of permanent posts, it emerges that confirmation will be done only once in the service of an officer which will be in the entry grade post/service/cadre provided further confirmation shall be necessary when there is fresh entry subsequently in any other post/service/cadre by way of direct recruitment or otherwise. A specific order of confirmation should be issued when the case is cleared from all angles.
Lien & Regular Service
A Government Servant who has acquired a lien on a post retains a lien on that post:
- While performing the duties of that post
- While on foreign service or holding temporary post or officiating in another post
- During joining time on transfer to another post
- While on leave
- While under suspension
A Government Servant on acquiring a lien on a post will cease to hold any lien previously acquired on any other post.
"Regular Service" in relation to any grade means the period or periods of service in that grade rendered after selection and appointment thereto under the rules according to the prescribed procedure for regular appointment to that grade.
Service book & personal files
A Service Book in the prescribed form must be maintained for every Gazetted and non-Gazetted Government servant from the date of his first appointment .
The Service Book must be kept in the custody of the Head of the Office in which the Government servant is serving and transferred with him from office to office.
The Service Book of a Government servant shall be maintained in duplicate. First copy shall be retained and maintained by the Head of the Office and the second copy should be given to the Government servant for safe custody as indicated below :-
To the existing employees – within six months of the date of which these rules become effective (i.e. 01/07/2005).
To new appointees – within one month of the date of appointment.
In January each year, the Government servant shall hand over his copy of the service book to his office for updation. The office shall update and return it to the Government servant within thirty days of its receipt after annual verification and updation.
In case the Government servant’s copy is lost by the Government servant, it shall be replaced on payment of a sum of Rs. 500/-.
Certificates to be recorded in the Service Book
Employee has been medically examined and found fit. His/her character and antecedents have been verified. He/she has furnished declaration of his/her not having contracted bigamous marriage. He/she has taken to oath of allegiance/ affirmation to the Constitution. He/she has furnished the declaration of home town which has been accepted.
The correctness of the entries against the following items of Part-I “Bio-data” should be verified from original certificates furnished as valid documentary evidence for the respective purpose:-
Whether a member of Scheduled Caste/Tribe? Date of birth by Christian era and wherever possible also in Sake era (both in words and figures).
Educational qualifications : At the time of appointment; Subsequently acquired, Professional and technical qualifications
Entries regarding the above will be made at the time of first appointment and attested by the Head of Office .
He/she has filed nomination for GPF and the related notices have been forwarded to the Accounts Officer on various dates. He/she has furnished details of the family members. He/she has filed nomination for Death/Retirement Gratuity.
Maintenance of Leave Account.
Guidelines for maintenance of personal files
Personal files should essentially be a collection of authenticated copies of orders and other papers relating to important events in the official career of an individual Government servant. Normally, no matter should be processed in this file.
No paper should be placed on personal file unless it :-
Concerns the Government servant;
Relates to an important event concerning his official career or has a direct bearing on it;
Is likely to be required for future reference;
Merits retention for a long period, if not throughout the official career of the Government servant; and
Either dispenses with the need for retaining the concerned subject file for long, or facilitates its retrieval.
list of papers to be placed on personal file
Application for initial appointment (original). Appointment order/notification. Orders regarding relaxation of age or educational qualifications or condonation of break in service, change in date of birth, retirement, quasi-permanency, confirmation, deputation, transfer, promotion, reversion and training. Orders regarding grant of study leave or extraordinary leave, fixation of pay, advance increments, crossing of efficiency bar, awards and prizes and Results of departmental and other tests/examinations..
Sanction of house building and car/scooter advances and final withdrawal from G.P. Fund. Court decree regarding attachment of pay (Original).
Orders imposing penalties under CCS (CCA) Rules. Warning, where the warning is the result of regular department proceedings or where there is a specific direction to that effect. Termination of service under CCS (Temporary Service) Rules. Resignation. Retirement. Re-employment.
Absorption
Recruitment Rules for some posts prescribe “Absorption” as a mode of recruitment.
Cases of absorption fall into two categories:
- Where RRs provide for appointment by Deputation/Absorption and the proposal is only to absorb an officer already selected on deputation.
- Where RRs provide for Deputation only at the time of initial selection of the officer concerned, but have been amended subsequently to include absorption.
In first category, subject to other conditions, it should be considered that no other deputationist is in position earlier to the officer, officer concerned and lending authority have given their willingness and the original circular letter contained the possibility of permanent absorption.
In second category, the department should re-circulate the post clearly indicating “Absorption” as a mode of recruitment.
Foreign Service – General Principles
Foreign service means the service in which Government servant receives his pay with the sanction of Government, from any source other than the Consolidated Fund of India.
Important conditions governing foreign service:
All the terms and conditions of a Government servant’s transfer to foreign service should be settled well in advance in consultation with the foreign employer and communicated to the foreign employer, the Accounts Officer and the Government servant concerned before relief.
If foreign service involves assumption of duties and responsibilities of greater importance, pay should be fixed with due regard to such duties and also to his status and pay in Government service.
Foreign service commences from the date of relief from Government service and ends on the date of taking over charge on reversion from foreign service. Pay will be drawn from the foreign employer during the entire foreign service.
Deputation (Duty) Allowance
Deputation:- ‘Deputation’ for purpose of drawal of ‘Deputation (Duty) Allowance’ will cover appointments made in public interest outside the normal field of deployment –
On a temporary transfer basis to other posts in the same or other Central Government Departments and State Governments; and
On temporary transfer on foreign service to Bodies (incorporated or not) wholly or substantially owned or controlled by Government and Organizations, e.g., Municipalities, Universities, etc.
Deputation (Duty) Allowance is treated as ‘Special Pay’ as defined in FR 9 (25).
Option:- An employee on deputation may elect to draw either pay in the scale of pay of the deputation post fixed under the normal rules [FR 22 (I) (a) (1); (I) (a) (2), etc.], or his basic pay in the parent department from time to time plus personal pay, if any, and Deputation (Duty) Allowance.
Rates of Deputation (Duty) Allowance with effect from 01/07/2017:-
Within the same station … 5% of Basic Pay subject to maximum of Rs. 4,500 p.m.
In other cases …10% of Basic Pay subject to maximum of Rs. 9,000 p.m.
The ceilings will further rise by 25 per cent each time DA increases by 50 per cent.
Resol. No. 11-1/2016-IC, dated 06/07/2017 and OM, dated 24/11/2017.
Basic Pay plus Deputation (Duty) Allowance shall not exceed the Basic Pay in the Apex Level i.e. Rs. 2,25,000. In the case of Government servants receiving Non-Practising Allowance, their Basic Pay plus Non-Practising Allowance plus Deputation (Duty) Allowance shall not exceed the average of Basic Pay of the revised scale applicable to the Apex Level and the Level of the Cabinet Secretary i.e. Rs. 2,37,500.
