1 Precis No 1501 Management School ORGANISATION OF THE ARMY Introduction 1. Army is one of three arms of the defence forces.

Its role is fourfold: (a) Primarily to defend the country against external aggression. (b) To safeguard the internal security in times of emergency, when called upon to do so. (c) To assist the civil authorities in carrying out projects of national interests, when required. (d) Promote Inter Service Co-operation. 2. This precis deals with the organisation and responsibilities of the various branches in the Army.

Organisation 3. The President is the Supreme Commander of the Armed Forces. Each arm has a Chief of Staff for the arm. 4. The Chief of the Army Staff is assisted by the Vice Chief of Army Staff and the following five Principal Staff Officer (PSOs) :(a) Dy COAS Dy Chief of the Army Staff. (b) AG Adjutant General. (c) QMG Quarter Master General. (d) MGO Master General of the Ordnance. (e) E-in-C Engineer in Chief. 5. Besides the five Principal Staff Officers, there is one adviser Military Secretary in Army HQ.

6. The outline organisation of the normal MES officers and the detailed responsibilities of the E-in-C are given in Precis No. 1502. 7. Engineer Officers in the MES also act as technical adviser on all engineering matters to the Commanders from AHQ to OC Unit level as under :Commander Chief of the Army Staff (COAS) GOC-in-C Command (Army Commander) Area Commander/Ind Sub Area Commander Sub Area Commander/ Station Commander Station Commander/ OC Unit Duties of Staff and Services 8. Staff lays down policies, issues order, instructions and directives. The Services carry out these orders and work in conformity with the laid down policy, instructions and directives. Rank General Lieut-General Maj-General/ Brigadier Brigadier/ Col./ Lt. Col. Lieut-Colonel/ Major/ Captain Engineer Adviser Engineer-in-Chief Chief Engineer Rank Lieut-General. Maj-General/ Brig/Civilian CE

Commander Works Colonel Engineers Superintending Engineer Garrison Engineer Major or Executive Engineer Sub-Divisional Officer Captain/ Assistant Executive Engineer/ AE i.e. Sub-Division

2 9. MES are concerned with the three services HQs, Army, Navy and Airforce, R & D, DGQA and Ordnance Factories, KV, Coastguard, CSD etc. The division of responsibility between Q/Adm staff and MES is Q / ADM STAFF (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) Works policy and procedure. Scales. Establishment. Initiation of projects. Acceptance in principle. (a) (b) (c) (d) (e) MES Specifications. Costing. Preparation of Engineer appreciation in consultation with the staff. Preparation of plans for siting boards and fixing dates. Preparation of costed schedule of works. Technical sanction of (e) above. Letting out of contracts. Progressing work in execution and maintaining necessary records.

Terms of reference (scope of work). (f) Ordering recconnaissance . (g)

Obtaining Acceptance of Necessity. (h) Ordering siting boards. Obtaining group priority. Obtaining administrative approval.

3 Precis No 1502 Management School ORGANISATION OF THE MILITARY ENGINEER SERVICES AND DEFENCE ACCOUNTS DEPARTMENT Introduction 1. MES is responsible for carrying out capital works and repair services for the three arms of Defence forces and allied departments. MES may also be required to carryout deposit work on behalf of Cantonment Boards, Public Bodies or private persons. Defence Accounts Department (DAD) maintains and audits the accounts of works expenditure. Officers of DAD also act as financial advisers to commanders or the three arms and officials of the branch services. 2. This precis deals with the organisation and functions of MES and DAD.

Organisation of MES General 3. An outline organisation of the MES in general is shown in Appendices A, B, C, D and E.

4. All MES offices from Engineer-in-Chief to Garrison Engineer have the following sections. The subjects normally dealt with by various sections are shown against each :Section E1 E2 E3 E4 E5 E6 E8 5. 6. Subject General/Administration and Personal. Works. Bk Stores Services. Electrical and Mechanical. Budget and Expenditure. Drawing. Contract and technical check.

Engineer-in-Chief Engineer-in-Chief is the head of the Corps of Engineer and the MES His duties as head of the MES are to advise: (a) Ministry of Defence on all works and engineer services relating to Ordnance Factories and such projects as are directly controlled by the Ministry of Defence. He takes orders of the Government of India through the Ministry on these matters. (b) Chief of the Army Staff and the PSOs. He takes orders of the Government of India and Chief of the Army Staff through :(i) Vice COAS/Dy COAS on siting and design of fortifications and defence of strategic roads and railways. (ii) QMG on policy, finance and execution of all engineer works and services relating to the Army including those sited and designed for GS. (c) Chief of Naval Staff on all works and Engineering services relating to the Navy and takes orders of the Government of India and Chief of the Naval Staff through the Director of Civil Engineering. (d) Chief of the Air Staff on all works and engineering services relating to Air Force and takes orders of the Government of India and Chief of the Air Force Staff through Air Officer-in-Charges personnel and organisation.

4 7. In addition he advises:(a) The GS on the engineering aspect of GS policy, operational planning and intelligence, and the organisation, training, allocation and employment of engineer units (except Survey and Movement Control) and the provision and allocation of engineer resources. (b) The QMG on planning/intelligence, organisation, operations and development of transportation agencies, railways, ports and inland water transport and acts as liaison officer with the Railway Board Ministry of Transport on all matters connected with transportation. (c) The MGO on procurement and issue of ordnance stores to engineer units and maintenance repair and recovery of engineer equipment. 8. He is also responsible :(a) For liaison through Min. of Defence with other Ministry of the Government of India and with other civil engineering professional bodies on technical engineering subjects. (b) Under GS for the organisation and training of bomb disposal units and for the disposal of bomb, landmines and beach-mines. (c) To the Vice COAS, Dy COAS and the QMG for the procurement , holding and distribution of engineer stores (including transportation stores) of engineer supply and for research and development of engineer equipment connected with MES. (d) For the technical training of all Army Engineer units and personnel (except Survey and Movement Control) through the Chief Engineers of Commands. 9. 10. He exercises technical control on all works projects through Chief Engineers of He is assisted in his duties by the following officers :(a) (b) (c) (d) (e) 11. 12. Major-General Engineer Staff. Director General of Works (DGW). Director General of Personnel (DG-Pers) Additional Director General of Personnel (ADG-Pers). Additional Director General of Engr Stores provisioning (ADG-ESP). Commands.

Chief Engineer Command All Engineer activities in a Command are controlled by Chief Engineer. His duties are as under :(a) (b) The CE is the technical adviser to the Army Commander on all engineering matters. He is responsible for correct observance of :(i) (ii) (iii) Technical instructions including MES Regulations and Standing Orders. Procedure laid down for the placing of contracts and payment of bills. Instructions for the keeping of accounts and the preservation and maintenance of up to date plans and records.

13. He is assisted in his duties by various Staff Officers viz., Addl CE, DW, Col.(Pers),Col.(D&V), SOs 1 (Pers) , SOs 1 General; Works, E/M, SSW, Senior Architect. These Staff Officer have under them SOs 2/3, Architect/Asst. Architect, PAO/SAOS & PBSO. Chief Engineer Zone 14. Chief Engineer Zones are for the execution of works under the Command and the technical control to effect the maximum possible decentralisation and thereby achieve speed and efficiency in the planning and execution of works services. Outline organisation of a Zonal Chief Engineers Office is given at Appendix C.

Commander Works Engineers 15. Next in line is the Commander Works Engineer who :(a) is technical adviser to his Area/Sub Area Commander on all engineer matters. (b) is chief executive officer of the area/sub area for works services. (c) is responsible for the efficient and economic administration of works services, economic operation of engineer installations and the control of Government property in his charge. (d) ensures that all concerned observe technical instructions and regulations. 16. 17. He is assisted in his duties by DCWE, DCWE E/M, SBSO, SW, Asst. Arch and AO Grade II. Garrison Engineer A Garrison Engineer is in charge of Division, He is :(a) technical adviser to his Sub Area /Station Commander on all engineer matters. (b) responsible for :(i) efficient execution of all new works, maintenance of building, E/M installations and roads. (ii) proper and economical expenditure of funds allotted to him. (iii) observance of technical procedure in connection with orders placed by him on contractors and payment of bills arising out of such orders. (iv) maintenance of Constructions Accounts upon which the system of accounting for engineer services is based. (v) periodical inspection of buildings and installations and action resulting from such inspections. (vi) assessment of barrack damages. (vii) arrangements for the procurement of stores and furniture. (viii) preparation of specifications and estimates for new works and installations within his powers.

18. GE is assisted in his duties as necessary by Assistant Garrison Engineer (Tech), AGE (Plg), JSW, Barrack Stores Officer (or Supervisor B/SI), Sub-Division Officers i.e. AEEs/AEs or Capt. Barrack Service 19. Barrack service is branch of the MES. The complete administrative control of the Barrack Stores Branch rests with the MES. The CWE through his Senior Barrack Stores Officer (SBSO) and the GE through his Barrack Stores Officer (BSO) are responsible for the discipline and administration of the Branch. 20. The SBSO is an officer on the Staff of the CWE, and is responsible to him for the smooth and efficient running of the Branch. The BSO is the assistant to the Garrison Engineer for all Barrack duties. He is not, however, the SSOs Staff Officer. Control over the BSO is exercised solely by the Garrison Engineer and GE holds the final responsibility. 21. The Barrack Stores Branch is responsible for the following :(a) handing and taking over of buildings. (b) occupation returns and recovery of rent for accommodation and allied services. (c) payment of rates and taxes. (d) care of vacant buildings. (e) assessment and recovery of barrack damages for furniture. (f) provision, custody, maintenance, issue and accounting of furniture of MES supply including regular stock taking. (g) provision, custody, preservation, issue and accounting of stores including regular stock taking. Engineer Stores Depot and Engineer Parks The following ESDs and Engineer Parks are working at present :(a) Permanent Depots (ESD) (KLP) Delhi Cantt Kankinara (Machinery) Delhi Cantt. (b) Commands Parks Allahabad.

22.

Note : There are many other EPs under CE Command holding Command stock.

6 23. As regards issue and receipt of stores from E-in-Cs stock, ESDs are directly under the Engineer-inChief. For administration technical control and discipline purposes, they are generally under the CEs. Organisation of the Defence Accounts Department 24. Organisation The organisation of the Defence Account Department is given in Appendix F.

25. The head of the DAD at Army HQ is the Controller-General Defence Accounts. At each Command HQ there is a PCDA, who is also the financial adviser to not only the Army Commander but also his Staff Officer, Heads of the Services and Branches. Each Command Controller has a JCDA in his office. Eastern Command has a PCDA at PATNA. PCDA pensions is located at Allahabad. CDA (Factories) deals with Factory Accounts and adjustments of accounts with all railways, and is located at CALCUTTA. CDA(Officers) Poona deals with pay and allowances of Army Officers. CDA (OR) is located at BANGALORE. Pension paymaster is located at Amritsar. He pays pensions to Indian Military/Air Force pensioners in that area. CDA (Navy) at Bombay and CDA(AF) at Dehradun deal with the respective services and generally do only audit review.Apart from the above, there are regional CsDA at various locations in each Command. 26. The audit of the accounts of the MES is done parly by different sections of the main office of PCDA and partly by the Regional/Local Audit Officer (RAOs/LAOs) on the spot at the MES office. RAOs serve as link between the MES executive and the CDA. LAOs carry out the duties of RAOs in certain stations. 27. A representative of the DAD designated as Unit Accounts/ now AAO is attached to the Officer of each GE/BSO of a Maintenance Division entrusted with revenue work. His functions are three fold :(a) as accountant, i.e., maintaining certain accounts in accordance with the prescribed rules and from the data furnished to him. preliminary

(b) as primary auditor, i.e. charged with the responsibility of applying certain checks to the initial accounts, budgets allotments and vouchers.

(c) as financial assistance, i.e. as the general assistant and adviser to the GE on all matters relating to accounts, budget, allotments, contracts and operations of financial rules. 28. In the discharge of the above duties, the UA keeps himself fully conversant with all sanctions and orders passing through the office with other proceedings of the GE and his subordinates which may affect the estimates or accounts of actual or anticipated receipts and charges. The GE ensures that the UA is given full opportunity to be conversant with the sanctions, orders and proceedings. 29. Statutary audit of MES accounts usually called Test Audit is done by the Director of Audit, Defence Services and his staff at Commands representing the Comptroller and Auditor General. MES - Reorganisation : 30. For creation of dedicated service-wise MES formations, Government has recently approved reorganisation vide letter No 16(17)/89/5746/D(W-II) dated 17 Sep 91 as under :(a) Creation of dedicated service-wise MES formations upto the Zonal Chief Engineer level, four for Navy for Western Naval Command, Eastern Naval Command, Southern Naval Command and Port Blair and five for Air Force for Western Air Command, South-West Air Command, Central Air Command, Eastern Air Command and South Air/Training Command. Provision of Engineer Officers integral to the Staff of Naval & Air HQ & Naval /Air Force Commands. Authorisation of Additional Chief Engineer (Navy/Air Force) on the establishment of the Chief Engineer Southern Command.

(b) (c)

7 Appendix A (Precis No. 1502) OUTLINE ORGANISATION OF THE MES (Para 3) Engineer-in-Chief (Lieut General) DG Pers Addl. DG Engrs Staff (Maj Gen) Director General of Works (Maj Gen) Addl Director General Engr Personnel (Maj Gen) Addl DG (ESP (Maj Gen)

DDG Pers (Manpower)

DDG Pers (Policy)

DDG E Coord (Discipline and Vigilence)-CE Civilian

Dir MIS (Civ)

Director E1B

Director E1R

Director E1C

SO1 CSCC

Director E1C Legal ADGW (Army) DDG(Navy/DP) DDG(Air force) DDGW(U) DDGW(PPC) DDGW (design) Chief Arch CSW (Maj Gen) (Brig/CE) (Brig/CE) (Brig/CE) (Brig/CE) (Brig) (CA) DDGW (Army) (Brig/CE)

CE SC Note :- (a) (b)

CE EC

CE WC

CE CC

CE NC

Org of a CE Command is shown in Appendix B When military posts are filled or held by civilian officers, their pay and allowances are governed by civil rules and when civilian posts are filled by

military officers, their pay and allowances are governed by military regulations.

Appendix B (Precis No 1502) OUTLINE ORGANISATION OF CHIEF ENGINEER (COMMAND) (Para 3) Chief Engineer (Maj Gen)

ACE (Pers) (Brig/CE)

Addl CE (ES) (Brig)

Addl CE (WKS) (Brig/ACE)

CE Zones

NOTES: -

(a) (b) (c) (d) (e) (f) (g) (h)

These heads of sections have under them a number of SO1, SO 2 and 3, SW, Asst Arch and AOs Each command has a number of Zonal CEs and CSWE. As regards issue and receipt of stores, ESDs and Engineer Parks are directly under the E-in-C and CEs respectively. Their administrative control rests with CEs and CSWE concerned Org of a CWE is shown in Appendix D. For Org of an ESD and an Engineer Park, See notes (f) and (g) below. AO Gde 1 is responsible for general administration and discipline in the office. ESD (SE/EE, Lt Col/Maj if mil) assisted by AEEs/BSOs (Capt if mil), Civilian Asst. Security Officer and other subordinate staff according to works load. Engineer Park (EE/SBSO:Maj if Mil) assisted by AEE/BSOs (Capt if mil. Civilian Asst. Securitu officers and other subordinate staff according to work load. CESC has additional post of DW for Navy and Airforce works.

Appendix C (Precis No 1502) (Refer to Para 3) OUTLINE ORGANISATION OF CHIEF ENGINEER ZONE

Chief Engineer (Brig/CE)

ACE (Wks)

ACE (Plg)

SSW (E8) SA (E6)

SO2 (Pers & Legal) (Lt Col / SE)

SO1 (Wks & Budget) (Lt Col/SE)

SO II (Resources) (Maj/EE/SBSO)

SO1 (Plg) (Lt Col/SE

SO1 (Design) (Lt Col/SE

SO1 (E/M) (Lt Col/SE

10

Appendix D (Precis No 1502) OUTLINE ORGANISATION OF CWE (PARA 3) Commander Works Engineer SE/Col if mil)

AO Gde II

DCWE (B/R) (major, EE if Civ)

DCWE/ACWE (E/M) (Major/Capt, EE/AEE if Civ)

SBSO (Civ, Major if mil)

Asst Arch

SW/ASW (Civ, Major/Capt if mil)

GEs

NOTES: -

(a) (b) (c)

Under each CWE there are a number of GEs. Org of a GE is shown in Appendix E AO Gde II is responsible for general administration and discipline in the officer.

11

Appendix E (Precis No 1502) OUTLINE ORGANISATION OF GARRISON ENGINNEER (Para 3) Garrison Engineer (EE/Major if mil) Asst Garrison Engineer (Tech) and AGE )Plg) AEE/Capt if Mil when authorised

B/R Sub Div I AEE/Capt

Supdt Gde I Supdt Gde II Clerk

B/R Sub Div II AE i/c sub Div

Supdt Gde I Supdt Gde II Clerk

Office Supdt

E/M Sub Div AEE/Capt Supdt Gde I Supdt Gde II Clerk

JSW SA Gde I and II and E8 (for technical matter only)

Accounts Unit Accountant Clerk

Drawing (E6) Chief DMan DMan Tracer Ferro Printer (for technical matter only)

Clerk

BK Duties Supervisors Gde I/II

Furniture supervisors Gde I/II

Stores Supervisors/ Storekeeper Gde II

E1

E2

E3

E4

E5

R/D General Clerks Daftary Peons Chowkidar

NOTES: -

(a) (b)

The number of Sub Division and their strength is fixed according to work load, importance and area of Division. To facilitate work, BSO maintains direct Liaison with SSO on all Barrack duties but he is NOT under the control of the SSO.

13 Appendix F (Precis No 1502) ORGANISATION OF DEFENCE ACCOUNTS/AUDIT DEPARTMENT (Para 24) Ministry of Finance (Defence) FAMF COMPTROLLER AND AUDITOR GENERAL Director of Audit Defence Services Asst Dir of Audit Defence Services Dy Dir of Audit Defence Services (Comds) DFA(W) CGDA Audit Officer Defence Services

PCDACommand Controller of Naval CDA Air Force CDA STEsattached Accounts Factories

CDA (Officers)

CDA (OR)

PCDA Pension

JCDA (Funds)

RAOs/LOAs Uas (MES)

14 Precis No 1503 Management School CLASSES AND CATEGORIES OF ESTABLISHMENTS AND SANCTIONING AUTHORITIES Introduction 1. Organisational set up of any government department consists of various classes/categories of establishments. They are classified, categorized, their number fixed and appointments made by the competent authorities in accordance with the nature and load of work performed in each formation. 2. This prcis deals with the various classes, categories of establishments in the MES. It also includes powers of competent authorities empowered to sanction/fill the posts.

Classes of Establishments 3. Following are the classes of establishment in the MES :(a) Class I, now called Group A Officers. (b) Class II, now called Group B Officers. (c) Class III, now called Group C Subordinates (d) Class IV, now called Group D Subordinates ( MES Standing Orders Para 1-3) Officers (Group A and B Services) 4. Officers are both civilian and military. Military Officers are all Class I (Group A) Officers and hold any one of the following commissions :(a) ICOs Indian Commissioned Officers. (b) SSRC Short Service Regular Commissioned Officers. (c) PRC(SL) Permanent Regular Commissioned (Special List) Offic 5. Civilian Officers belong to Class I (Group A) or Class II (Group B). Barrack Stores Officers, Assistant Engineers, Assistant Architects and Administrative Officers Gde I and II belong to Class II, (Group B) while all other officers belongs to Class I (Group A) Service. ( MES Standing Orders Para 1-4) 6. Civilian Officers belong to any of the following Cadres :Cadre (a) Engineer Designation (i) Chief Engineer. (ii) Addl Chief Engineer. (iii) Superintending Engineer (SE) (iv) Executive Engineer (EE) (v) Assistant Executive Engineer (AEE) (vi) Asst Engineer (AE). (i) (ii) (iii) (iv) (v) (i) (ii) (iii) (iv) (v) (vi) (vii) Chief Surveyor of Works (CSW) Superintending Surveyor of Works (SSW) Surveyor of Works (SW) Assistant Surveyor of Works (ASW) Junior Surveyor of Works (JSW) Chief Architect (C A) Senior Architect (Senior Arch) Architect (Arch) Deputy Architect (Dy Arch) Assistant Architect (Asst Arch) Technical Officer (T O) Chief Draughtsman

(b)

Surveyor of Works

(c)

Architect

15

(d)

Barrack and Stores Administrative/ Ministerial

(i) (ii) (iii) (i) (ii) (iii) (iv)

Principal Barrack Stores Officer(PBSO) Senior Barrack Stores Officer(SBSO) Barrack Stores Officer (BSO) Principal Administrative Officer(PAO) Senior Administrative Officer (SAO) Administrative Officer Grade I (AO Gde I) Administrative Officer Grade II (AO Gde II)

(e)

Note :The Indian Defence Service of Engineer cadre has been constituted vide SRO 4E dated 09 Jul 1991, comprising of all Group A posts of Engineer Cadre. Subordinates : Class III (Group C) Service 7. Under the 6 branches of the civilian officer establishment, the respective subordinate establishments are as under :(a) B/R Superintendents Grade I and II (Now JEs B/R) (b) (c) (d) (e) E/M B/S SW Architects Superintendents Grade I and II (Now JEs E/M) Supervisors B/S Grade I and II (Super B/S I/II) Store Keepers Grade I and II (SK Gde I/II) Surveyors Assistants Grade I and II (SA Gde I/II) (Now JEs QS & C)

Draughtsman Gde I Draughtsman Gde II Tracer Ferro Printers. Notes :As per Ministry of Defence letter No.PC-90237/3525/EIC(3)/Vol.III/202/LC/D(Civ-I) dated 15 March 1994 the categories of Senior Draughtsman & Draughtsman GdeI have been merged & is designated as Draughtsman GdeI. (f) Administration Office Superintendents and Assistants Personal Assistants to Brigadiers and above Stenographers Clerks Upper Division Clerks Lower Division (Para 1.5 MES SO)

Class IV (Group D) Service 8. Class IV service consists of the following :(a) Daftries (b) Peons (c) Chowkidars (d) Safaiwalas (Para 1.6 MES SO) Tradesmen Class III (Group C) or IV (Group D) Service 9. (a) Master Craftsman (b) Highly skilled (Gde I and II) including Supervisory (c) Skilled (d) Semi skilled (e) Unskilled (Para 1.7 MES SO) Categories of Establishments and Sanctioning Authorities 10. MES has the following establishments :-

16 (a) (b) Permanent Temporary

11. Permanent establishment consists of establishment employed for indefinite period. Scales for such establishment are sanctioned by Government. 12. A temporary appointment is an appointment carrying a definite rate of pay sanctioned for a limited time. (CSR, Art 76 A) 13. Industrial and Non-industrial (Temporary Establishment) (a) Industrial personnel are those who are employed as artisans and workmen including skilled and unskilled labour. Definitions of the terms Industrial establishment and Industrial employees as given by the M of D in their UO No 993/D (Lab II) of 18 Mar 56 copy received under E-in-C No 30572/EID(2) of 19 Mar 56 are given in Appendix A. (b) Non-industrial personnel are those who are employed as clerks, draughtsmen, store-keeper, telephone operators, gate-keepers, chowkidars and certain other traders classified as such from time to time by the Government of India. (See Appendix B) (c) Staff is engaged on as required basis subjects to sanction of the next higher authority and as per orders/yardsticks laid by E-in-C, and provided funds are available. (Para 1.8 MES SO) Filling up of Short Term Vacancies 14. (a) Short term vacancies, the duration of which exceeds 30 days, and which may be caused as a result of the incumbent handing over charge of his office on account of his proceeding on leave, deputation, as a result of suspension or officiating promotion or for any other reasons, may be filled in the normal manner where unavoidable by the authority competent to make appointments against the post. (AI 187/61) (b) No officiating arrangements should be made against vacancies, the duration of which is less than 30 days and duties of the vacant post should be carried out by making internal arrangements within the office/establishment. (c) In the case under (a) above where officiating arrangements are considered unavoidable prior approval of the competent authority should be obtained before individuals are detailed to carry out duties of the higher posts. In no case should it be assumed that the competent authority will accord ex-post facto approval to officiating arrangements made without their prior approval. The responsibility of the consequences of irregular officiating arrangements will devolve on the authority ordering such arrangements. (AI 187/61) (d) Non technical posts which have been lying vacant for a period of 6 months or more, should NOT be filled automatically but only after the Secretary, Ministry of Defence, or Head of the Department concerned has satisfied himself after obtaining necessary information, and justification, that the filling up of the post is essential for maintaining efficiency of the organization and certifies accordingly. (Para 2 MES SO) (e) Administrative Ministries may grant additional remuneration for a maximum period of three months.For periods exceeding three months prior concurrence of the Finance Ministry is required. (G of I, Min of Def Memo No. 4 (i)/67/D (Civ-I) dated 17 Feb 67 as amended by Memo of even number dated 26 May 67)

17 15. Casual personnels comprises additional staff required to supplement temporary Industrial and Non-industrial establishment to be employed on works, projects or maintenance service for a period not exceeding 6 months. They are either :(a) Monthly rated. Paid on Industrial Personnel Bills (IAFW- 2258) (revised 1956) known as Casual Industrial Employees or (MES Standing Order Para 2.5.1) (b) Daily rated. Paid on Muster Rolls (IAFW-2255). 16. No scales are prescribed. They are engaged in accordance with rules in paras 2.5.2 & 2.5.3 MES Regs on as required basis subject to the following restrictions :(a) The amount of work justifies their employment. (b) Funds are available. (c) Pay is limited to the scales laid down for regular employees of the same grade. (d) Appointments required by MES officers for their own offices are always sanctioned by the next higher competent authority. (MES Standing Orders Paras 2.5.2 and 2.5.3) 17. Employment of casual personnel should be kept to the absolute minimum and restricted to emergent unforeseen jobs, works of sporadic seasonal nature or those which cannot be undertaken by regular personnel. The employment of casual personnel will be governed by the policy guide lines given in AGs Branch Army HQ letter No.15226/Org 4 (Civ) (a)dated 24 April 1998. (MES Standing Orders, Para 43). (RMES paras 89 & 94) Appointments 18. Appointing authority for Group A posts is the President, Engineers-in-Chief is the appointing authority in respect of Group B, C and D Posts, under his jurisdiction as specified in the schedule to Central Civil Services (Classification, Control and Appeal) Rules, 1956. Under provision to sub-rule (1) of Rule 9 of CCS(CC & A) Rules, 1965. E-in-C has delegated the powers and authorized the following authorities to make first appointments to Group C and D posts to the extent shown :Authority (a) (b) (c) (d) (e) (f) (g) (h) (j) CE Command CE Zone CE Project Commandant CME Commandant Engineer Group and Centers Officer-in-Charge Records, Engineer Group and Centers CWE/Commander HQ Works Engineers OC ESD (Lt Col) Col Adm, CME Posts

All Groups C and D Posts.

Office (k) OC Unit (Lt Col) (l) GE/OC Works Section (Major/EE) to CDS (m) (n) 86. OC ESD (Major) OC Unit/Coy(Major/EE)

(i) Group C posts, maximum of whose pay in the time scale does not exceed Rs. 9000/-pm in the Schedule to CDS Revised Pay) Rules, 1997, except Superintendents (ii) All Group D posts. (iii) Group C posts max of whose pay in the time scale does not exceed Rs.4000/-pm in the Schedule (iv) (Revised Pay) Rule 1997. All Group D posts. (E-in-C Nos 27304/EID dt 07 Jun 74. 27304/BID dt 17 Feb 82 and PC to HF 27304/EID dt 27-6-

18 NOTES : (1) Authorities to whom the power are delegated under provision to Rule 9 (I) of CSS (CC&A) Rules 1965by the original Appointing Authority are known as the delegates authorities who cannot further delegate their powers even to officiating incumbents working in their behalf. (2) Delegation of powers under Rule 9 (I) of CCS(CC&A) rules 1965 cannot be given retrospective effect. (3) Major penalties should in no case be imposed by any authority (even if it is duly empowered under Rule 9(I) by the original appointing authority) lower than the authority who actually appointed the accused Government servant. 19. Confirmation a) General : (i) Quasi permanency ceases to exist Confirmation will be made only once in the service of an Official which will be in the entry grade. (ii) Confirmation is delinked from the availability of permanent vacancy in the grade. In other words a officer who has successfully completed the probation may be considered for confirmation. Confirmation in the grade to which initially recruited. (i) As at present, the appointee should satisfactorily complete the probation. (ii) The case will be placed before the DPC (for confirmation). (iii) A specific order of confirmation will be issued when the case is cleared from all angles. (Para 7, MES SO) On Promotion (i) If the recruitment rules do not prescribe any probation , an officer promoted on regular basis (after following the prescribed DPC etc procedure) will have all the benefits that a person confirmed on the grade would have. (ii) Where probation is prescribed, the appointing authority will on completion of the prescribed period assess the work and conduct of the officer himself and in case the conclusion is that the officer is fit to hold the higher grade, he will pass an order declaring that the person concerned has successfully completed the probation. If the appointing authority considers that the work of the officers has not been satisfactory or needs to be watched for some more time he may revert him to the post or grade from which he was promoted, or extend the period of probation as the case. Since there will be no confirmation on promotion before an officer is declared to have completed his probation satisfactorily, a rigorous screening of his performance should be made and there should be no hesitation to revert a person to the post or grade from which he was promoted if the work of the officer during probation has not been satisfactory. (Art 202 CSR and para 6.MES SO) CCS (Temporary Service) Rules (i) As no officer otherwise eligible will have to wait for confirmation pending availability of a permanent vacancy, the need for following the existing procedure for declaring a person quasi-permanent ceases to exist. Accordingly, the provisions relating to the quasi permanency in the CCS (Temporary Service) Rules will be deleted. (ii) As there will still be situations where appointments are made against posts/establishments which are created for definite and purely temporary periods e.g. Committees/Commission of Enquiry, organizations created for meeting a particular emergency which is not expected to last for more than a

b)

c)

(d)

19 few years, posts created for projects for specified periods, the remaining provisions of the Temporary Service Rules will continue to be in force. (e) Lien

The concept of lien as the title of a Govt. servant to hold substantively a permanent post will undergo a change. Lien will now represent only the right/title of a Govt. servant to hold a regular post, whether permanent of temporary, either immediately or on the termination of the periods of absence, The benefits of having a lien in grade will thus be enjoyed by all officers who are confirmed in the grade of entry or who have been promoted to a higher post declared as having completed the probation where it is prescribed, or those who have been promoted on regular basis to a higher post where no probation is prescribed under the Rules, as the case may be. The above right/title will, however, be subject to the condition that the junior most person in the grade will be liable to be reverted to the lower grade if at any time the number of persons so entitled is more than the posts available in that grade. For example, if a person who is confirmed or whose probation in a higher post has been declared as having been completed or one who is holding a higher post for which there is no probation on regular basis, reverts from deputation or foreign service and if there is no vacancy in that grade to accommodate him, the junior most person will be reverted. If, however, this officer himself is the junior most, he will be reverted tothe next lower grade from which he was earlier promoted. (Art 31 CSR) (f) Pension Since all the persons who complete probation in the first appointment will be declared as permanent, the present distinction between permanent and temporary employees for grant of pension and other pensionary benefits will cease to exist. (g) Reservation for SC/ST

As a result of introduction of confirmation only at the entry stage and the delinking of confirmation from the availability of permanent posts, the need for reservation at the time of confirmation in posts and services filled be Direct Recruitment as per the existing instructions will cease to exist as everyone who is legible for confirmation will be confirmed. (Art 29 CSR) (h) Seniority

According to para 2.3 of the consolidated orders of seniority issued vide this Departments OM No. 22011/7/86. Estt(D) dated 3.7.86 where persons are confirmed in an order different from the order of merit indicated at the time of their recruitment of promotion, seniority shall follow the order of confirmation and not the original order of merit. Since there is confirmation in the entry grade, seniority will continue to be determined on the basis of confirmation in that grade. (G of I, Min. of Personnel. Public Grievances & Pensions Delhi No. 18011/1/86-Estt. (D) dt. 28th March, 1988) (Art 26 CSR)

20 Appendix A (Precis No.1503) (Refer Para 13 (a)) DEFINITIONS OF INDUSTRIAL ESTABLISHMENT AND INDUSTRIAL EMPLOYEES (M of D, UO No, 993/D ( Lab-II of 18 Mar 56) (a) Industrial Establishment An industrial Establishment means :(i) An establishment employing not less than ten employees and where a manufacturing process (as defined in the Factories Act ) is being carried on. (ii) An establishment employing not less than ten employees engaged in a scheduled employment (as defined in the Minimum Wages Act). (iii) An establishment having staff employed directly on works and whose pay is charged to work (i.e. establishments now known as work charged establishments irrespective of the strength of the employees engaged in the establishment. (iv) Any other establishment specifically declared by Government to be an Industrial Establishment. (b) Industrial Employees An industrial employee may be understood to mean any person employed in an Industrial establishment other than the following:(i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Administrative staff Supervisory staff Clerical staff. Watch and Ward and Security staff. Conservancy staff. Fire Fighting staff. Messengerial staff. Medical staff. Such other categories of staff as may specified in this behalf by Government from time to time.

21 Appendix B (Precis No. 1503 (Refer Para 13 (b)) CLASSIFICATION INTO INDUSTRIAL/NON-INDUSTRIAL (G of I, M of D letter No. 4 (16) 50/12873/D-11 dated the 20 Nov 50) In continuation of this Ministrys letter No. 2 (23)/D-11 dated 19 th august 1949, I am directed to say that the following categories of employees in the lower establishments under Engineer-in-Chief will be classified as non-industrial employees. All remaining categories of employees in these establishments will be classified as industrial employees: (a) B & R and E & M Branches Superintendents B/R and E/M Grade I and Grade II, (now JEs) Foreman Drillers (Rotary), Driller (Rotary), Chargemen (Overseers), Sub -Overseers and Meter Readers. Barrack/Stores Establishment Supervisor Barrack/Stores Grades I and II. Storemen and Store checkers, Store keepers Grade I and II and Civilian Store Keepers. Surveyors Surveyor Assistants Grade I and II. (now JE QS & C) Clerical Establishment Office Superintendents, Assistants, Clerks Upper and Lower Division, Stenographers (including Personal Assts). Translators and Record Keepers (e) Drawing Establishment Chief Draughtsmen, Senior Draughtsmen, Draughtsmen Grades I,II,Tracers, Poster Artists, Ferro-printers and Blue printers. Photographers, Projectionists, Cinema Grade I, II and III, Cinema projectionist, Telephone Operators. Laboratory Establishment Senior Research Assistants, Laboratory Demonstrators, Laboratory Assistants and Laboratory Attendants. Library Establishment Librarians and Assistant Librarians Fire Fighting Establishment Assistant Fire Superintendents, Leading Fireman and Fireman. Searchers Head Male Searchers, Male Searchers, Female Searchers. Instructors Foremen Instructor Trades, Draughtsmen, Instructors Grade II, Civilian Instructors, Foremen, Civilian Trades Instructors, Civilian School Masters and Religious Teachers/Teachers/Padris M.T Supervisors, M.T. Drivers and Foremen and Fire Foremen/Supervisors. Supervisors, Labour(Supervisor), Barbers, Washermen, Cooks, Gardeners, WaterCarriers, Khanasamas, Malis, Bhisties, Grass Cutters, Safaiwalas and Chainmen with Land Surveyor. Daftries, Peons, Chowkidars, Khanasama, Chowkidars, Gate Keepers (Senior/Junior Grades) Messengers and Despatch Riders.

(b)

(c) (d)

(f) (g) (h) (i) (j) (k)

(l) (m) (n)

22 Precis No 1504 Management School CONDITIONS OF SERVICE CIVILIANS OF THE MILITARY ENGINEER SERVICE Introduction 1. Each organization has laid down certain set rules and conditions of service which govern its establishments as regards to appointments, discipline, pay and allowance, discharges and the like matters. 2. This prcis deals, in general, with important terms and conditions of service governing all classes of civilian employees in the MES. Appointments 3. The standard rule for recruitment to any Central Service or post is that a candidate must be: (a) a citizen of India, or (b) a subject of Nepal, or (c) a subject of Bhutan, or (d) a Tibetan refugee who came to India before 1 Jan 1962, with the intention of permanently settling down in India, or (e) a person of Indian origin who has migrated from Pakistan, Burma, Sri Lanka and East African Countries of Kenya, Uganda and Tanzania, with the intention of permanently settling down in India. Provided that candidates belonging to categories (b), (c) and (d) above will not be eligible for appointment to Indian Foreign Service, and candidates of the categories at (b),(c), (d) and (e) should possess a certificate of Eligibility issued by the Govt. of India, (Department of Personnel and AR Resolution No. 15011/1/76-Estt (B) of 29 Apr 1976) 4. On first appointment the following conditions should be satisfied: (a) Educational qualifications These are laid down in the Recruitment Rules for the respective categories and technical qualifications are also specified therein. The minimum educational qualification, except for certain tradesmen and Group D posts, is normally matriculation of equivalent and for Peon, Jamadars, Daftries is Middle School Standard. (b) Age Limits Age limits for direct recruitment should be as prescribed in the Recruitment Rules for the various categories. Where the Recruitment Rules have not been framed for any category , the age should be normally not be less than 18 years and more than 25 years. (CSR Art. 51) (1) The crucial date for determining the age limit mentioned in the Recruitment Rules will be the closing date for receipt of applications from candidates in India and where appointment are made through Employment Exchanges, the crucial date for determining the age limit will be last date upto which Employment Exchange was asked to submit the names. (Govt of India, decision No.(41) below Art. 51 CSR Chaudris Compilation, 11th Edition)

NOTES :-

23 (2) Rules for determining/regarding age on recruitment are contained in AI 200/55 as amended by AIs 141/56, 125/57, 290/60 and 194/68).

(c)

Character and Antecedents Character and antecedents are verified through the police department on the prescribed form (Appendix A) Medical examination No person may be appointed to a post in Govt Service without a medical certificate of health as prescribed in Art 49. CSR. NOTES : (1) (2) Medical certificate for appointments not exceeding 3 (three) months is not necessary. The Medical Authority is the Civil Medical Board for gazetted appointment, a Commissioned Medical Officer of Civil Surgeon, District Medical Officer of equivalent rank for Group (C) employees and Authorised Medical Attendant for Group D employees. (AI 163/71). In addition to Medical Certificate under Art 49 CSR, Civilian Govt Servants are liable for field service and medical examination under the CDS (Field Service Liability) Rules, 1957. (MES Regs, para 91)

(d)

(3)

(e)

Plural marriage No person, who has more than one spouse living, is normally eligible for appointment and no individual, who has already one living spouse, shall contract another marriage without the prior permission of the Govt. (G of I, Min of Def. No 18 (1)/16770/D (Lab) dated 25 Nov 1954)

Relaxation of Age Limit 5. Where Recruitment Rules have been framed, the competent authority, to relax the upper age limit, is the Ministry of Defence. 6. Where the Recruitment Rules have not been framed, the upper age limit can be relaxed by the Head of the Department under Art 51 CSR. Notes : (1) Relaxation of age limit should ordinarily be made only where Recruitment Rules provide for such relaxation. (2) UPSC should be consulted where Recruitment Rules have been framed in consultation with the Union Public Service Commission. (G of I, Min of Def Memo No 5(1)/3881dated 11 May 1955)

Age Concessions 7. Certain age concessions sanctioned to a few specified categories of personnel for purpose of appointment in Group C and D posts under the Govt. of India, are given below : (a) (b) . (c) (d) Scheduled Castes and Scheduled Tribes Ex-NCC personnel and whole time cadets Instructor. Ex- GREF personnel Retrenched Central Govt employees 5 years Period of service in NCC plus 3 years Period of GREF service plus 3 years. Period of service under Govt of India -

24 plus 3 years. 5 years (in non-industrial posts); upto 45years for posts in Industrial establishments only Period of embodied Service plus 3 years. Upto 45 years. No age restriction.

(e) (f) (g) (h)

Displaced goldsmiths Ex-TA personnel

(j)

Repatriates from Burma and Ceylon who migrated to India on or after 1-1-63 and 1-11-64 respectively. Persons of Indian origin employed in Govt service in Kenya, Uganda and Tanzania who migrated to India due to constitutional changes. Ex-TB patients and Pleurisy patients discharged from Central Govt. Service on account of affection with T.B./Pleurisy to the post previously held or equivalent posts : (i) if they exist in their own department (ii) if they do not exist in their own department. Educationally qualified Group D employees, registered with employment exchange. for appointment to Group C posts Casual labourers for absorption in regular establishment in Group D posts -

(k)

No age restriction, department. period of previous service plus 3 years. Period of service rendered Under Govt. of India Period spent as casual labourer. Broken period of service rendered as a casual labourer also be taken into account for purpose of age relaxation for appointment in regular establishment provided that one stretch of such service is for more than 6 months.

(l)

NOTES :

(1) (2)

Retrenched Govt Servant /Ex-GREF and NCC Personnel should have served at least for six months continuously prior to retrenchment/release. A casual labourer means a person not borne on the regular establishment of an office who has rendered a minimum of two years continuous service as casual labourer in the office/ establishment in which he is employed (persons who render at least 240 days of service, during each of two years referred to above, shall also be deemed as having rendered a minimum of two years continuous service as casual labourer). (Cabinet Sectt, Department of Personnel and AR Notification No 2/10/72-Estt (D) dt 7 Mar 1974. & CPRO 26/76)

Age concession admissible to ex-servicemen who have put in a minimum of 6 months service in the Armed Forces of the Union is the period of such service plus 3 years. (Dept. of Personnel and AR Memo No 13/24/73- Estt (C) dt 26 Oct 1974). 9. In the case of blind, deaf-mute and orthopaedically handicapped persons, the upper age limit is relaxable upto 10 years. (G of Min of Home Affairs Memo No 4/3/68-Estt (D) dt 15 Apr 1969 as amended vide Memo No 15012/6/77-Estt (D) dt 28 Jan 1978)

25 NOTE : The physically handicapped persons belonging to scheduled castes/ scheduled tribes are eligible for the relaxation over and above the age relaxation of 5 years admissible to them as scheduled caste/tribes candidates. (CPRO 100/77)

10.

Age limit for departmental candidates, allowed to compete with the nominees of Employment Exchange/open market candidates for direct recruitment in Group C posts in the same Department, is relaxable upto the age of 40 years for SC/ST, provided the posts are in the same line or allied cadre and they have rendered not less than 3 years continuous service in the same department. (G of I, Dept. of Personnel and AR Memo No 4/474-Estt (D) dt 20 July 1976 and Army HQ No 64803/POLLICY/E1C(4) dt 30 Sep 88) Compassionate appointment of widow or son or daughter or near relative of deceased government servants.

11.

Compassionate appointment of widow or son or daughter or near relative of a government servant who dies while in harness, is permissible without reference to sponsoring by Employment Exchange, in the event of there being no other earning member in the family. In exceptional cases when a Department is satisfied that the condition of the family is indigent and in distress, the benefit may be extended to son/daughter/near relative of the Government Servant retired on medical grounds under Rule 38 of (CCS Pension) Rules, 1972 or corresponding provision of CSR before attaining the age of 55 years in respect of Group C employees (Non-Industrial) and 57 years in respect of Group D employees and Industrial Employees of Group C.Consolidated instructions are issued vide G of I, Min of Pers. Pub. G & Pension (Deptt of P & Trg.)Memo No.1401416/94-Estt(D) dt 09 Oct 1998. The competent authority to make compassionate appointment is the Zone CE in respect of cases involving no relaxation of age or education qualifications, and where the application for compassionate appointment has been received within a period of two years from date of death/invalidment. In all other cases, the competent authority to make such appointments is the E-in-C. Compassionate appointment can be made only against direct recruitment quota. Applicants should be appointed only if they are eligible and suitable for the post in all respects under the provisions of the recruitment rules. In deserving cases, even when there is an earning member in the family, a son/daughter/near relative of the deceased Government servant can be considered for appointment with the prior approval of the Secretary of the Department concerned. The appointing authorities may ensure that total reservation for SC,ST, physically handicapped persons and Ex servicemen, the details of which are given below, together with carry forward reservation should not exceed 50% of the vacancies available on any particular occasion. (a) (b) (c) (d) SC ST Ex-Servicemen Physically handicapped persons 15% 7% 10% in group C posts 20% in group D posts 3% (Min of Personnel, Public Grievances) and Pension (Department of Personnel and Training) OM No.14014/6/94-Estt (D) dt 09 Oct 1998.

12.

13.

14.

26 Recruitment of Scheduled Castes and Scheduled Tribes Candidate 15. Under the existing orders, reservation have been provided at 15 percent for scheduled castes and 7 percent for scheduled tribes in the matter of promotions to grades or services in which the element of direct recruitment does not exceed 66 percent. A 100point Roster is to be maintained for the purpose. The percentages of reservation for recruitment on a local or regional basis are prescribed after taking into account the proportion of population of Scheduled Castes and Scheduled Tribes to the total population in each State and Union Territories. A 200-Point Roster is to be maintained for the purpose. A statement showing the points to be reserved for Scheduled Castes and Scheduled Tribes based on the 1971 census figures, is annexed to Cabinet Secretariat, Department of Personnel Memo No 1/3/72-Esst(SCT) dt 12 Mar 1973. Rosters mentioned in paras 12 and 13 above, are to be inspected annually by Liaison Officers nominated/appointed for the purpose. Unfilled reserved vacancies are to be carried forward and cannot be filled by general candidates without prior reservation orders from the Govt of India. Scheduled Tribes candidates are also to be considered for appointment against a vacancy reserved for scheduled caste candidates where such a vacancy cannot be filled by a Scheduled Caste candidates even in the 3rd year to which the vacancy is carried forward, and vice-versa. NOTE : (For detailed information, refer to the Brochure on Reservation for Scheduled Castes and Scheduled Tribes, latest edition and Dept.of Pers & Trg.OM No 36012/2/96-Estt. (Res.) dated 02 July 1997). 19. With the approval of the competent authority, a cell has been set up in the Min of Def to deal with matters relating to implementation of reservation orders for SC and ST. The cell will function under charge of Director (E) Min of Def. (E-in-Cs Branch letter No 90241/SC&ST/POLICY/E1C(4) dt 18 Mar 88).

16.

17. 18.

Change of Name 20. A Govt servant wishing to adopt a surname or to effect any modification in the existing name has to adopt the name formally by a deed, attested by two witnesses preferably those known to the Head of Office. This should be followed by publication of the change in the prominent local newspaper as well as in the Gazette of India at the Govt. servants own expense. It is only after these formalities are completed that the adoption of the new name or change in the existing name is officially recognized. True copies of the relevant documents should be retained by the head of the office concerned. (Govt of India, decision No (1) below Art 26 CSR, Chaudris Compilation, 11th Edition) Discipline 21. The Central Civil Service (Classification, Control and Appeal) Rules, 1965 apply. (See Precis No 1506) Pay 22. Scales of pay have been laid down in the Civilians in Defence Services (Revised pay) Rules, 1997 published under SRO 18E dated 09 Oct 1997 effective 1-1-96. Travelling Daily and Conveyance Allowances. 23. These are governed by Travel Regulations, 1976 and are dealt with in Precis No 1512.

27 Leave 24. See Precis No 1507. Medical Attendance 25. The Central Civilian Services(Medical Attendance) Rules, 1944 have bee extended by the Govt of India to the Civilians paid from Defence Services Estimates vide Min of Def No 9(4)54/8278/D(Civ-I) dt 18 Jul 1957, as amended, to non industrial and from 1 Jul 63 to industrial categories with minimum of one yearss continuous service. Subject to provisions of the Rules, expenditure incurred on medical attendance/treatment/cost of medicines by the Govt servants and their families is re-imbursable. The above rules do not apply to those entitled to medical benefits under CGHS (Central Govt. Health Scheme) at certain stations like Delhi. Holidays 26. Subject to exigencies of service all Civilian Govt employees are granted 17 holidays in a calendar year. Industrial employees are also entitled to 3 National Holidays and 14 effective public holidays as per Min of Def.CM No F.8(7)-Estt(Spl)/60 dt 7Jan 61. The Industrial and Non Industrial employees are, in addition, allowed two restricted holidays. (Army HQ 64351/Leave/E1C dt 06 Aug 90). 27. The three National Holidays viz, 26th January, 15th August and 2nd October must be observed by all. In substituting any of the other holidays notified by the Govt, for those of local importance care is taken to ensure that religious susceptibilities of the staff of any community are not a affected and such holidays as are specified in Govt. Orders may not be substituted. The remaining holidays once decided in consultation with the Welfare/Works Committees, should not be changed irrespective of whether they fall on Sundays/Second Saturdays in future. (G of I, Decision No (29) below Art 308.CSR, Chaudris Compilation, 13th Edition).

Compensatory Off 28. Compensatory Off equal to the time worked on a paid holiday may be granted to those under the Factories Act, within 3 days before or after the weekly closing day. To those not governed by the Factories Act, compensatory off may be granted in lieu of duty performed on Sunday/Holiday within a month of its becoming due. The condition of one month may be relaxed where such off within a month would cause serious dislocation of current work. Where duty is performed for half a day, e.g., from opening time to till lunch, two such half days should be taken as equivalent to one full day. 29. Compensatory Off can be combined with and prefixed or suffixed to regular/casual leave as if it were a holiday. (Min of Def Memo Nos, 11 (18)/56/D(Civ-II) dt 22 Jun 1967 and No 11 (1)/71/5045/D(Civ-I) dt 22 May 1971)

Retrenchment 30. Authorities competent to decide retrenchment are as under :(a) If retrenchment involved is less than 5% of sanctioned establishment or 50 persons whichever is less -E-in-C. (b) If number exceeds 50 persons or 5% of sanctioned establishments Min of Def. (G of I, M of D No. 1(58)/55/6656/D(Lab) dt 30 Dec 1953 and 1(58)/3659/D(Lab) dt 15 Mar 54). Surpluses/Deficiencies 31. Surpluses/Deficiencies except for the specialist categories peculiar to MES, are intimated to Army HQ, AGs Branch for adjusting under SAO 22/S/2002 for which purpose statements I and II prescribed therein are submitted by units showing particulars of categories affected. Adjustments are made in equivalent or lower categories. Such transfers on adjustment are treated as in public interest. Where the orders of adjustment/transfer are received after the notice

28 period/actual discharge, the period of break may be converted into joining time without pay provided it does not exceed 30 days, and the individual had rendered not less than 3 years service on the dte of discharge. (SAO 22/S/2002 read with CCS(Joining time) Rules, 1979) Termination of Employment 32. (a) Temporary employeesNOTES : (1) When services are terminated by the Appointing authority forthwith, temporary Govt. servant claim an amount of pay plus allowances for the period of notice or for the period by which such notice falls short of one month. Services of a temporary employee may be terminated at any time without notice on his being declared medically unfit for service. (Rules 5 and 6, CCS (TS) Rules 1965) One months notice.

(2)

(b) NOTES:

Permanent employees Three months notice or pay plus allowances for the period of notice or for the period by which such notice falls short of 3 months. (1) for (2) in The termination of service/retrenchment is to take effect in the order of juniority, consequent on reduction in the number of posts available Govt servants not in permanent service. The services are not liable to termination so long a post in the same grade under the same appointing authority is held by a Govt. servant not permanent or quasi-permanent service. (Rule 7, CCS(TS) Rules, 1965)

(c) NOTES:

Permanent employees 3 months notice or pay and allowances for the period by which such notice falls short of 3 months. The services of a permanent employee are dispensed with only on abolition of his permanent post when he has the option of taking compensation pension to which he may be entitled, or to accept another appointment on such pay as may be offered and continue to count his previous pension. (Rule 39, CCS (Pension) Rules. 1972)

Resignation 33. Permanent employees are required to give three months notice while temporary employees are to give one month notice for resignation. However the appointing authority is competent to waive/reduce the notice period. No notice for resignation is required for employees on probation. 34. The employees however, be relieved of their duties only after acceptance of their resignation. (Rule 26 CCS(Pension)Rules, 1972) Extension/Re-employment beyond the Age of superannuation 35. Extension of service/Re-employment beyond the age of superannuation can be justified only in very rare and exceptional circumstances. The over-riding consideration for grant of extension/re-employment is that it must be in the public interest and in addition, satisfy the following two conditions :(a) (b) that other officers are not ripe enough to take over the job : or that the retiring officer is of outstanding merit.

29 36. Proposals for extension/re-employment are to be initiated and submitted through proper channel on the prescribed proforma issued under Department of Personnel and AR OM No 26011/1/77-Estt(E) dt 18 May 1977, to authorities as under :(a) Group D employees - secretary of Administrative Ministry concerned. (b) Group C employees -Minister in charge of the Administrative Ministry. (c) Group A and B posts : (i) for extension/re-employment - Minister in charge upto age of 60 years (ii) for extension/re-employment - Establishment Division of the Department beyond the age of 60 years of Personnel and Administrative Reforms. Consultation with Ministry of finance is necessary in the following cases : (a) Extension of service of group D employees; (b) Extension in a non-technical post where the period exceeds one year at a time; (c) Extension in a Scientific post/Technical post where the period exceeds two year at stretch. Concurrence of Union Public Service Commission is necessary in case of re-employment for more then one year in Group A and B posts. (Dept.of Personnel and AR CM No 26011/1/77Estt(E) dt 18 May 1977).

37.

38.

Age of Superannuation 39. (a) Except as otherwise provided every Govt. servant shall retire from service on the afternoon of the last day of the month in which he attains the age of 60 years w.e.f. 13.5.98. (b) Industrial categories and Group D employees (except Group D of Secretariat security force) retire from service on the last day of month in which they attain the age of 60 years w.e.f.. 13-5-98. (extract from Notification No 7(7)-EV(A)/74 dt 07 Feb 1979 from Min.of Fin.). Pension 40. Permanent employees with minimum of 10 years qualifying service are eligible for pension, gratuity under CCS (Pension) Rule 1972. Where the qualifying service is less than 10 years they are entitled to service gratuity. (see Precis No. 1515) ( Rule 49 CCS (Pension)Rules,1972) 41. A Govt. servant who, on his retirement from service on attaining the age of superannuation or on his being declared to be permanently incapacitated for further service by the appropriate medical authority, has rendered temporary service of not less than twenty years, has been brought within the purview of CCS (Pension) Rules 1972 and in that case the condition of holding a pensionable post such Govt. servants are eligible for grant of superannuation/invalid pension, DCR Gratuity and family Pension under the CCS (Pension) Rules, 1972. (G.I., Min of Home Affairs )DPAR) OM No. 38(16)/(30) Pension Unit/80 dt 30 Dec 1980) No gratuity is admissible if Govt. servant resigns his post or is removed/dismissed from service as a disciplinary measure.

42.

Security Deposit 43. Unless specifically exempted, civilians entrusted with the custody of stores or cash will furnish security. For details see MES Regs.. paras 102 to 107. Married Accommodation Civilians 44. Authorisation of married accommodation for civilians of various categories have been laid down in the Scales of Accommodation for Defence Service 1983 under paras 61.4 .1. to 61.4.6. The scales for various types of accommodation are given in part-V Chapter 61-III of the

30 above scales and stations where married accommodation for civilian is authorized is shown in Appendix F of the above scales 1983. In addition to this, civilians CEs/ACEs and maintenance CWEs and GEs are authorized accommodation as authorized to service officers. Civilians holding other appointments shall be provided Govt/hired accommodation at stations where such accommodation is built/hired for them or accommodation is found surplus to Military requirements. (Authority : SAO 10/S/86) Working Hours 45. Working hours for non-industrial are 40 hours per week. For industrial categories, working hours laid down in the factories act will be followed. (Para 19, E-in-Cs Standing Order for MES) 46. Working hours of Chowkidars vary from 8 to 12 hours a day to suit local conditions. They are normally placed in shifts of 8 hours each. 47. Working hours for Chowkidars on care of vacant buildings are 24 hours with a reasonable period off duty for consecutive 24 hours in a fortnight or Consecutive 48 hours in a month. Such chowkidars are allotted free family accommodation in or near the vacant buildings they are required to look after. (E-in-C No 30708/EID(2) dt 30 Jun 53 and 30708EID(2) of 29/31 May 1964) Casual Personnel on Daily Rates 48. When period of engagement is less than one month, they are ordinarily employed on daily rates of pay. Casual personnel on daily rates of pay are entitled to 24 hours notice of discharge. Form of intimation vide E-in-C No 42383/EID(2) dt 15 Jan 54 is given at Appendix B. (MES Regs, para 89) 49. Daily wages are fixed by Board of Officers convened by the Station Commander. The Board may lay down the lower and higher limits. The minimum wages will in no case be lower than those authorized under the Minimum Wages Act, 1948 and the maximum in no case higher than the maximum rates (including dearness allowance) laid down for corresponding posts under the CDS (Revised Pay) Rules, 1997. The actual wages are to be fixed by GE within these limits keeping in view the local civil rates prevailing in his Division. (Para 345, Regs for the MES) 50. There is a complete ban on engagement of additional staff on daily wages basis in all government offices. The idea is that the ban on creation of a post may not be circumvented by engaging daily wages labourers/staff for work of regular nature against a regular post or even otherwise. The orders however do not cover engagement of casual labourers on daily wages basis on required basis for work of purely temporary/casual or seasonal nature provided their employment is not held against regular sanctioned vacancies. (E-in-Cs Branch letter No 79962/EIC dt 24 Sep 85) 51. Guidelines in the matter of recruitment of casual personnel on daily wages basis :(a) Persons on daily wages should not be recruited for work of regular nature. (b) Recruitment of daily wages may be made only for work which is of casual or seasonal or intermittent nature or for work which is not of full time nature, for which regular posts cannot be created. (c) When the nature of work entrusted to the casual workers and the regular employees is the same, the casual workers may be paid at the rate of 1/30 th of the pay at the minimum of the relevant pay scale plus DA for work of 8 hours a day. (d) In case where the work done by a casual workers is different from the work done by a regular employee, the casual workman be paid only the minimum wages notified as per the Minimum Wages Act. 1948. (e) The casual workers may be given one paid weekly off after 6 days of continuous work. (Department of Personnel and Training OM No 49014/86-Estt dt 07 Jun 88, and E-in-Cs Branch letter No 79962/PI/EIC(4) dt 22 Aug 88.

31

Casual Personnel on Monthly Rates of Pay 52. (a) Casual personnel are recruited only when it is anticipated that they will not be required for more than six months. They are employed for specific period against specific work. It should be clearly stipulated in their terms of employment that their service are liable to termination at any time without notice during the period of their casual employment. If the employment is likely to continue beyond six months, the individual is treated as a temporary employee from the date of his original appointment.Detailed instructions are issued vide AGs Br Army HQ letter No.15226/Org.4 (Civ) (a) dated 24 April 98. (Para 89, MES Regs) (b) Muster Roll employment is allowed for maximum of 25 days in one spell. Casual appointment is to be restricted to maximum of 89 days of each spell. (AHQ letter No 79962/EIC dated 23 Oct 86) 53. 54. Casual personnel are to be paid a fixed pay at the minimum of the pay scales prescribed under CDS(RP) Rules. 1997) for the corresponding categories of regular employees. A minimum of Rs. 2550/- pm may be allowed as fixed pay with effect from 1-1-97(i) Defence civilians paid from contingencies, training grants etc and (ii) casual employees employed on monthly rates of pay who are already in receipt of minimum pay of Rs.2550/-p.m. as fixed pay DA and other allowances as admissible to regular employees will also be admissible to them. (Min of Def OM No 11(1)/86/D(Civ-I) dt 7 Aug 87 circulated vide E-in-Cs Branch letter No 90270/P&A/POLICY/EIC(3) dt 1 Dec 87)

Increment to Casual Personnel on Regularisation 55. Casual personnel are deemed notionally to have been appointed regular at the minimum of the revised scales of pay with effect from the date of commencement of last spell of continuous casual service before regularization. (G of I, Min of Def No CP(P)/6850/NHQ/1328/d(Civ-I) dt 02 Mar 1979). 56. As a one time measure, casual workers recruited before issue of the instructions contained vide Min of personnel and Training, Admin Reforms and Public Grievances and Persons (Department of Personnel and Training) OM No 49014/18/84-Estt(C) dt 7 May 85 may be considered for regular appointment to Group D posts in terms of general instructions, even if they were recruited otherwise than through the Employment Exchange, provided they are eligible for regular appointment in all other respects. (E-in-Cs Branch letter No 79962/EIC dt 30 May 86 and Min of Personnel OM dt 7 May 85). Overtime Pay 57. Casual industrial personnel are also entitled to overtime pay like other industrial employees as per para 95 of MES Regs and Govt order issued from time to time. Uniform 58. Rules for supply of uniforms to certain eligible categories of Group C and D employees like Jamadars, Chowkidars, Peons, Daftries, Safaiwalas, Malis etc, are given in DOPT No 14/8/90 JCA dated 29 June90 and other Govt. orders issued from time to time. 59. Revised rates of stitching charges have been circulated under DOPTs OM No 14/2/90JCA dt 02 May 90. 60. Pattern of summer uniforms to be provided in future has been revised. Future designs of summer uniforms would be on the pattern of Safari Suit of Special Dasuti Khadi in fast biscuit colour to be supplied when it becomes due next after utilizing the already supplied uniform for full period of its life. (G of I, Min of Def No 12(2)/73/D(Civ-II) dt 10 Jun 1980). Details of length of cloth and stitching charges for Safari Suit are laid down in Min of Def OM No 12(2)/74/D(Civ-II) dt 4 Jun 80).

32 Appendix A (Precis No.1504 (Refer Para 4 (c) ATTESTATION FROM WARNING Affix signed passport size (5cm X7 cm approx)- Copy of recent photograph The furnishing of false information of suppression of any factual information in the Attestation Form would be disqualification and is likely to render the candidate unfit for employment under the Government 2. If detained, convicted, debarred subsequent to the completion and submission of this form, the details should be communicated immediately to the Union Public Service commission or the authority to whom the attestation form has been sent earlier, as the same may be, failing which it will be deemed to be as a suppression of factual information. 3. Off the fact that false information has been furnished or that there has been suppression of any factual information in the attestation forms comes to notice at any time during the service of a person, his services would be liable to be terminated. 1. Name in full (in block capitals) with aliases, (Please indicate if you SURNAME have added or dropped in any state any part of name or surname). NAME 2. Present address in full (i.e., Village, thana and District or house number, Lane/Street/Road and Town. 3. Address in full i.e. (a) Village, Thana and District or House Number, Lane/Street/Road and Town and Name of District HQs. (b) If originally a resident of Pakistan, the address in that Country and the date of migration to Indian Union. 4. Particulars of places (with periods of residents) where you have resided for more than one year at a time during the preceding five years. In case of stay abroad (including Pakistan) particulars of all places where you have resided on more than one year after attaining the age of 21 Years, should be given. From To Residential address in full (i.e. Village, Thana and District or House No. Lane/Street/Road & Town) Name of the District Headquarters of the place mentioned in the preceding column. Present Postal Permanent address (if Home address dead give last address)

5.

Name

Nationality (by Place of Occupation (If birth and/or by birth employed give domicile) designation and official address)

(i) (ii) (iii) (iv) (v)

Father (Name in full address if any) Mother Wife/Husband Brothers Sisters

33 (a) Information to be furnished with regard to sons and /or daughters in case they are studying in a foreign country. Name Nationality by birth and /or by domicile Place of birth Country in which Date to.. studying /living Which studying with full address living in the country mentioned previous col.

6. 7.

Nationality (a) (b) (c) (a) (b) (c ) Date of birth Present age Age at Matriculation Place of birth, district and State in which situated. District and State to which you belong District and State to which your father originally belong (a) (b) (c) (a) (b) (c)

8.

9.

(a) (b)

Your religion Are you a member of Schedule Caste/Sch. Tribe, Answer Yes or No And if the answer is yes state the name thereof.

10. Educational qualification showing place of education with years in Schools and College since 15th year of age :Name of School/College With full address Date of entering Date of leaving Examination passed

11. Are you holding or any time held an appointment under the Central or Sate Govt. or a Semi-Govt. or a Quasi-Govt-Body or an autonomous body, or a Public Undertaking, or a Private Firm or Institution, if so, give full particulars with dates, of employment upto date. Period From To Designation emolument and nature of employment Full Name and Address of employee Reasons for leaving previous service

12.

If the previous employment was under the Government Of India, a State Government/an undertaking owned or controlled by the Government of India or a State Government an autonomous body/university/local body. If you had left service or giving a months notice under Rule 5 of the Central Civil Services (Temporary Service) Rules 1965, or any similar corresponding rules where any disciplinary proceeding framed against you , or had you been called upon to explain your conduct in any matter at the time of you give, notice of termination actually terminated. (a) (i) (ii) (iii) (iv) (v) (vi) (vii) Have you ever been arrested Yes/No Have you ever been prosecuted Yes/No Have you ever been kept under detention Yes/No Have you ever been bound down Yes/No Have you ever been fined by a court of Law Yes/No Have you ever been fined by a Court of Law for any offence Yes/No Have you ever been debarred from any examination or rusticated Yes/No

13.

34 by any University or any other educational authority/institutions (viii) Have you ever been debarred/disqualified by any public service Yes/No examination from appearing at the examination/selection (ix) Is any case pending against you in any court of law at the time Yes/No of filling up this attestation form (x) Is any case pending against you in any University or any other Yes/No educational authority Institution at the time of filling up this attestation form (b) If the answer to any of the above mentioned questions is Yes give full particulars of the case/arrest/detention/;conviction sentence/punishment etc. at the time of filling up this form. (i) Please also see the Warning at the top of this attestation form. (ii) Specific answers to each of the questions should be given by striking out Yes or No at the case may be.

NOTES:-

13.

Name of two responsible persons of your 1 locality of two references to whom you are known 2 I certify that the foregoing information is correct and complete to the best of my knowledge and belief. I am not aware of any circumstances which might impair my fitness for employment under Government. Signature of the Candidate Date Place IDENTITY CERTIFICATE Certificate to be signed by one of the following :(i) (i) (ii) (iii) (iv) (v) (vi) (vii) Gazetted Officers of Central or State Government. Members of Parliament or State legislature belonging to the constituency with the candidate or his parent/guardian is ordinarily resident. Sub Divisional Magistrate/Officers. Tahasildar of Naib/Deputy Tahasildars authorized to exercise magisterial powers. Principal/Headmaster of the recognized School/College. Block Development Officer. Postmaster. Panchayat Inspectors.

Certified that I have known Shri/Smt/Kumari. ... Son/daughter of Shri . For the last years.months and that to the best of my knowledge and belief the particular furnished by him/her are correct. TO BE FILLED BY THE OFFICER (i) (ii) name designation and full address of the appointing authority .... Post for which the candidate is being considered

35 Appendix B (Precis No 1504) (Refer Para 48) FORM OF INTIMATION (E-in-C No 42383/EI(D)(2) of 15 Jan 54) Without prejudice to the right of the Govt of India to terminate your service without notice and with immediate effect or with effect from any date earlier or later than the probable date mentioned below you are hereby informed that your service are terminated hereby and probable date from which your discharge will operate would be (state the date here).

Please take notice of the above.

36 Precis No 1505 Management School SCALES OF PAY Introduction 1. Government have laid down different scales of pay for various classes and cadres of establishments to compensate them for their services. 2. This precis deals with the scales of pay and allowances for different cadres of establishment employed in the MES.

Scale of Pay 3. Whenever there is a revision or change in scales of pay attached to post the existing incumbents are allowed an option to either elect the revised scales of pay or retain the existing scales of pay. This option when once exercised is final. NOTE :The spirit of rules is to protect an officer the pay of which post is re-organised from personal loss and either to let him continue on his old scale or to bring him on the new scale with such personal allowances as may be necessary to make up his emoluments whether fixed or progressive, to those which he formerly enjoyed. (Govt of India, Fin Dept No 4464P dated 17 Jul 1967) Civilian Officers and Subordinates 4. Scales of pay prescribed at present for the civilians in Defence Services based on recommendations of the Fifth Pay Commission have been notified in SRO 18-E dated 9 October 97 in respect of Group A, B officer and C & D employees. [MOD No11(6/97/D(Civ-I) dt 9 October 97] 5. The above rules are known as the Civilians in Defence Services (Revised Pay) Rules 1997 and are deemed to have come into force on the first day of January, 1996.

Trade Test 6. Trade tests for various trades are laid down in Defence Service Regulations (Qualifications Regulations for Soldiers), 1958 as amplified by E-in-C from time to time. One months advance notice is required for test. Result are published in PTOs. Trade posts not mentioned on Defence Services Regulations (Qualifications Regulations for soldiers), 1958 and any clarification required are referred to E-in-C. Trade tests are not required of non industrial personnel except for MT driver as per syllabus for recruitment & promotion. NOTE :(1) Trade Tests, where prescribed by E-in-C are required to be passed for (a) Appointments and promotions, (b) Crossing of EB and (c) Permanent appointment. 2) Trade Test for purposes for (c) above is not required if the individual has passed the trade test for (a) of Note 1 above. (3) Three chances are allowed for trade test in direct line of promotion after which the trade test may be taken on alternate occasions.

37 (4) Syllabus is prescribed by the E-in-C. (5) Trade test should be held twice a year. (6) Select list of trade test will be valid for one year extendable by one more year & tradesmen who do not get promoted within this period will be liable for re-test. (Standing Orders by E-in-C, paras 36-41) (E- in- Cs Br Army HQ No.40751/E1C dt 21 April 81) Civilian MT Driver 7. Civilian MT Drivers are NOT treated as workmen. (G of I/ M of D No. 16(39) 51/2270/D (Civ) of Mar 52) Efficiency Bar Crossing of 8. In order to have effective application of the efficiency bar, the cases of employees eligible for crossing EB are to be considered by DPC on the basis of records of performance available upto the date of consideration. The DPC is concurred by the Appointment Authority. Increments involving EB after being screened by the DPC are sanctioned by the Ministry of Defence in the case of Group A officers, E-in-C in the case of Group B officers and by the various Appointing Authorities in the case of group C and D employees .EB discontinued from 1-1-96 based on RPR-97. 9. Where the case of a Govt servant has not been considered for crossing the efficiency bar due to pendency of a disciplinary/vigilance case against him, he may be allowed to cross the efficiency bar from the due date retrospectively, if he is completely exonerated unless the competent authority decides otherwise, If not completely exonerated, his case for crossing the efficiency bar cannot be considered with retrospective effect from the due date. (G of I, Min of Def Memo No 25(34)/61/D(Appts) dt 30 Nov 67) Fixation of Pay on Promotion to Higher Appointments/Transfer from Other Depts. Promotion 10. On promotion to a higher post, the pay of the employees should first be increased by one increment in the lower scale and then fixed in the higher scale at the stage next above the pay so arrived at (Art.156-A, CSR). When pay in the lower post is drawn at the maximum of the scale, a notional increment equivalent to the amount of last increment in the lower scale is given and the pay is the fixed, in the higher scale at the stage next above the notional pay so increased under the provisions of Art 156 A CSR. FR 22 (I) (a) (1) (Govt of India, Min of Def Memo No 2(14)74/D(Civ-I) dt 20 may 1974) Industrial and work charged employees on their appointments, promotion etc or transfer from one posts to another should be regulated under the relevant orders applicable to Non-Industrial employees. These orders take effect from 29 Dec 62. (G of I,M of D No 2(27)61/419/D(Civil) dt 24 Jan63) NOTE :In case of individuals governed by the CSR where there are two cadres on identical time scales of pay officiating service rendered on either of these is allowed to count towards increment in the other. This also applies where the persons are discharged on

38 account of retrenchment and re-employed and are subsequently allowed continuity of service condoning the break, if any, between the date of discharge and re-entertainment. (G of I,M of D No 2(49/51/1183/D(Civ-I) 18 Dec 51 and E-in-C No 23265/III/EIC(I) of 28/29Dec 51) 11. Individual Transferred from other Departments to MES (under SAO 22/S/2002) (a) If the individual is transferred to the same post or a post carrying identical scale of pay he is allowed the same rate of pay and date of next increment also remains unchanged.

(b) If the post to which he is transferred carries a lower scale of pay he is allowed the benefit of completed years of service rendered in the higher scale for fixing the initial pay in the lower post. (c) If he is transferred to post carrying a higher scale of pay, this is treated as promotion and the pay is fixed under normal rules at the stage next above the pay admissible in the previous post. Leave Salary 12. Govt servant who proceeds on earned leave is entitled to leave salary equal to the pay drawn immediately before proceeding on earned leave. (CPRO 16/77) The advance in lieu of leave salary admissible to a Govt Servant Proceeding on leave of not less than 30 days shall include allowances as well, subject to deduction on account of Income Tax, Provident Fund, House Rent, Recovery of Advance etc (CPRO) 27/77). Time bar 13. (a) Arrears of pay and Allowances Claims not preferred to audit within 12 months from the date they actually fall due are treated as time bared and are not accepted by audit unless sanction by the competent authority is accorded. In the case of claims having retrospective effect, the time bar aspect to compute 12 months is reckoned from the date of Govt orders under which the claim arose. Sanction for removal of time-bar can be accorded by Chief Engineer when the period of the claim does not exceed 6 years. Claims which are over 6 years can be sanctioned only by the Government of India. (G of I, M of D No 17(4)/59/2322/D(Civ) dt 17 Mar 60) (b) Increments In the case of normal increments the time-bar aspect is to be reckoned from the date sanction of the competent authority issued allowing the individual to cross the efficiency bar.

(G of I, M of D OM No 83558/AG/Org 4 (d) 7755/D(Civ-I) dt 31 Aug 61) Drawal of Leave Salary when Proceeding Abroad on Leave

39 14. Conditions governing the drawal of leave salary or to remit leave salary from India through ordinary banking channels are contained in AI 1/53.

Over Payments 15. Overpayment of money to the public servant is regarded as debt owed to the public and all possible action is taken to recover it. Overpayments are NOT waived as a matter of course and full justification is needed for waiving by the CFA concerned . (G of I, M of D No 13(1252/3286/D(Civ) of 23 Apr 52 and E-in-C No 39540/ E1C(I) of 16/17 May 52) General 16. Cases requiring decision of AHQ or interpretation of existing orders of pay and allowance are submitted through the CDA concerned. (AO 377/58 and E-in-C No 3274/G.EID(2) of 4 Dec 52) 17. Representation from individual civilian employees, against the decision of the audit authorities, involving pay and allowances are routed through departmental channels. (AHQ No 51912/AG/Org-4(b) of 7 Jul 54) Protection of pay and allowances of Civilian Govt Servants who are reservists in the Army, Navy and Air Force (excluding Officer) when called upon for Periodical Training. 18. (a) The entire period of training including transit period to and from will count as duty in the Civil Post for leave, increments and pension.

(b) Draw full rate of civilian rates of pay and allowances during transit period, but no TA as they would travel on Railway warrant and draw TA/DA as admissible. (c) If the pay and allowances admissible as a reservist, excluding concessions in kind such as free rations etc., is less than the pay/allowances in the Civil Post, then the difference will be paid. The expenditure thus incurred will be debited to the Budget Head to which the individuals civil pay is normally debitable. (G of I , M of D No F5(41)-57-8406-(Estt 1) dt 30-8-55) Children Education Allowance 19. All permanent, temporary employees and Civilian Officers are eligible for children education allowances, under CCS (Educational Assistance) Orders,1988 subject to fulfillment of conditions. 20. The allowances is admissible only in those cases where a Govt. Servant is compelled to send his child or children to a school away from his duty station owing to absence of school of the requisite standard in that station. If teaching in a school is conducted in a language different from the language of the Govt.Servant, the school shall be held to be a school not of the requisite standard. The allowances will be admissible at the following rates :-

21.

40 (a) Primary, Secondary and Higher Secondary Classes (Class I to XII) Rs .100/- PM per child

22. 23.

Rule16 Assistance shall be available up to 3 children up to 31 Dec 87 and shall be restricted to two children born thereafter. Rule 8 Temporary employees are eligible only if they have more than one years service, They are eligible to draw CEA from the month following that in which they complete one years service. The concession is admissible for legitimate children wholly dependent on the Govt Servant. When the Govt Servant and his/her wife/husband are both in service, it will be admissible to one of them only. Rule 5(1) In case of death, retirement, resignation, discharge the concession is admissible till the end of academic year but not when Govt servant is discharged/removed/dismissed as a disciplinary measure. Rule 6(2)&(3)

24. 25. 26.

Tution Fees 27. All Government servant who have put in not less than one years service are eligible for re-imbursement of tuition fees in respect of their legitimate children including step children and adopted children wholly dependent on them. 28. 29. 30. The concession is admissible only if the child is enrolled in a school recognized by the local State Govt/Central Govt. The concession is not admissible for a child for more than two academic year in the same class. Tuition fees charged by recognized aided/unaided School in State where education is not free, will be re-imbursable to the extent of rates prescribed by Govt of the area for corresponding, classes in Govt School. For children in recognized Schools in States where education is free and no rates have been prescribed for being charge in Govt School, reimbursement will not exceed the following ceilings :(a) (b) (c) per child (d) Class I to X Class XI and XII Rs 40 per month per child Rs 50 per month per child Rs 100 per month

31.

Class I to XII in respect of physically

handicapped and mentally retarded children Class IX to XII and offering Science Subject Science fees upto a limit of Rs. 10/- per month in addition to Tution Fees

41 32. 33. 34. 35. 36. The concession is not admissible in the case of children for whom Children Education Allowance is claimed. In the cases of Central School the rates laid down by the Govt from time to time are admissible. Tution fees payable and paid in advance upto a period of six months are admissible for re-inbursement. Where Govt servants wife or husband is also in service, the concession is admissible to one of them only. In the case of death, retirement, discharge, the concession is admissible till the end of the academic year but not when removed/dismissed as disciplinary measure. Re-imbursement is admissible upto the stage which makes the child eligible for entry into the three year degree course.

37.

Hostel Subsidy 38. A subsidy at the rate of Rs.300.00 for I to XII Classes per month per child when a Govt. servant obliged to keep his children in a hostel of residential school away from the station at which he is posted. Rule22 39. Hostel subsidy shall not be admissible to children for whom CEA is drawn Rule24 40. Central Civil Services (Education Assistance) Orders 1988 are published in Appx7 to CSR Vol III.

42 Precis No 1506 Management School DISCIPLINE Introduction 1. There is an important need for officers/subordinates dealing with the disciplinary cases of MES personnel to be thorough and up-to date with the basic procedure laid down in the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and supplementary instruction issued by the Government from time to time. Control 2. For the purpose of control in peace, the civilians in the Army are governed by the rules The Central Civil Services (Classification, Control and Appeal Rules 1965. When on Active service, they are governed by the Army Act 1950 when so notified. The Army Act and rules are published in SAO 12/50 and Gazette of India Extra-Ordinary part II, Section 3(ii) No 296 of 24 Nov 65 respectively. 3. Some important orders and instructions are contained in Defence Services Regulations, Indian Officials Secret Act 1923 and the Central Civil Services (Conduct) Rules 1964.

Penalties 4. Penalties which may for good and sufficient reasons be imposed upon a Government servant departmentally are as under :Minor penalties (a) Censure. (b) With-holding of promotion. (d) Recovery from pay in part of full of pecuniary loss caused to Government by negligence or breach of orders. (d) With holding of increments of pay. (e) Reduction to a lower stage in the time scale of pay for a period not exceeding three years without cumulative effect and not adversely affecting his pension. If in a case it is proposed after considering the representation if any submitted by a Govt servant to withhold increments of pay for period exceeding 3 years or to with-hold increments of pay with cumulative effect for any period or if the penalty of with-holding of increments is likely to affect adversely the amount of pension payable to the Govt servant, an enquiry shall invariably be held in the manner laid down in Sub-rule 3 of 23 Rule 14 ibid. (G of I, M of HA No 7/3/67(Ests(A) dated 19/16/68) 4. Major Penalties (e) Reduction to a lower stage in time-scale of pay for a specified period with further instructions regarding increments during and after expiry of such period, (f) Reduction to a lower time-scale of pay, grade, posts or service which shall ordinarily be a bar to promotion with or without further instructions regarding restoration of seniority, pay etc. (g) Compulsory retirement. (h) Removal from service which will not be a disqualification for future employment under Government.

43 (j) Dismissal from service which will ordinarily be a disqualification for future employment. ( Rule II of CCS (CC&A) Rules 1965.) Measures to reduce incidence of disciplinary case 5. Newly recruited officers/subordinates if given the proper guidance and training in job can be channeled in the right direction so that they perform their job satisfactorily and as per the rules laid down. Any minor slip-ups/errors should be corrected by proper advice, admonition and verbal warnings. If superior officer do this part of their duty, state of discipline will improve. Besides, every officers/subordinate should be assigned clear cut duties in writing so that he is fully aware of his division of duties/responsibility is made to function effectively. Thus the task to pin-point responsibility for lapses, if any becomes easy and this itself leaves little room for inefficiency or avoidance of responsibility which often leads to irregularities inviting disciplinary action.

6.

Constitutional and legal Aspects 7. Civilians in Defence Services are Government servants and as such are entitled to claim the safeguards provided in the constitution for Government employees. In so far as discipline is concerned, they are governed by the CCS (CC&A) Rules-1965. These rules are made by the President of India in exercise of the powers conferred on him by Article 309 of the Constitution. Art 309 of the constitution deals with recruitment and conditions of service of personnel serving in the Union of India. Under Art 310 of the Constitution all Government servants hold office during the Pleasure of the President. This means that a Government servant cannot resort to legal action if his conditions of service are change by the President. Art 311 of the Constitution lays down that a member of the Civil Service shall not be dismissed, removed or reduced in rank except by the appointing authority and that too after having been given a reasonable opportunity to defend his case against the proposed action. The CCS (CC&A) Rules 1965 are promulgated by the Ministry of Home Affairs and are applicable to all civilians serving in various ministries of the Central Government. Civilians while on Active Service are subject to the Army Act in terms of Section (3)(ii) of that Act. The areas which are to be deemed as active service will in the meaning of the Army Act are notified by Central Government in Extra ordinary Gazette Notification.

8.

9.

10.

Prima Facia Case 11. Before formal disciplinary proceedings are initiated against a Government servant, Prima facia case should be established. This means that there is ground for proceedings. An alleged offence

44 committed by a Government servant comes to notice of the Head of Office mainly by one or other of the following :(a) (b) (c) (d) (e) (f) 12. Observation by Chief Technical Examiner. Audit Objections. Report made by special Police Estt/Civil Police/Military Police. Findings of Staff or Departmental Inquiries. Department Technical Boards. Investigation reports on complaints.

As soon as any irregularity comes to notice, a preliminary inquiry should be held. This could be either by a single officer or a board of officers. If there has already been a staff court of inquiry or SPE enquiry, further enquiry is not necessary. The enquiry will show the magnitude of the irregularity, the person/persons who are capable and the extent of their involvement. Orders of competent administrative authorities on the proceedings will also indicate the nature of action warranted against the persons involved. It is necessary to ensure that the investigation either departmental or by staff court of inquiry is finalized within a reasonable time. Definite time schedule as under has been laid down vide E-in-Cs Branch letter No 31490/E3A(Losses) dated 05 Jan 76. Army Order No 29/75 also refers. (a) (b) (c) Report of Loss Preliminary investigation Court of inquiry Disciplinary action Within 24 hours Within one week to be completed within one to months to be completed within 09

13.

three (d) months 14.

After the Court of Inquiry proceedings are finalized the disciplinary aspect of the case should be examined and disciplinary action should be initiated. In all cases, where group A officers are involved, the case has to be referred to E-in-Cs Branch and for group B Officers to CE Command. For this purpose the zonal CEs should submit statement of case (which should be self contained) with specific recommendations of zonal CEs. The statement of case should be signed by zonal CE/Addl. CE. Service particulars of officers involved in the case should also be submitted in the prescribed from. The statement of case should bring out the blame approportioned to the officer/subordinates involved and should also recommend the nature of action. So far as subordinate personal are concerned, the case may be remitted to the concerned disciplinary authority for initiation of disciplinary proceedings.

15.

Various stages of Departmental Proceedings : 16. The first stage is to consider whether it is necessary to suspend the employee. Recourse to suspension is to be taken only in serious offence involving moral turpitude, corruption, embezzlement,

45 misappropriation of Government money and so on. The guiding factors being :(a) (b) (c) Whether the continuance in office of the Government servant will prejudice investigation, trial or inquiry. Whether the continuance in office of the Government servant is likely to subvert seriously discipline in the office in which he is working. Whether prima facie case exists justifying criminal or departmental proceedings which are likely to lead to his conviction and or dismissal, removal or compulsory retirement.

17.

An individual against whom criminal proceedings have been initiated in a Court of Law MUST BE suspended. Auth :- Rule 10 of CCS(CC&A) Rules 1965 and AGs Branch letter No 93972/Org-4(Civ)(a) dated 06 Dec 74. E-in-Cs letter No 61162/PC/E1D dated 20/12/74. A Government servant is to be deemed to have been placed under suspension by an order of the Appointing Authority. (a) With effect from the date of his detention if he is detained in custody for a period exceeding 48 hours. (b)In case of conviction on a criminal charge and sentenced to terms of imprisonment exceeding 48 hours. (c) When a penalty of dismissal, removal, or compulsory retirement of an office under suspension is set aside on appeal and the case remitted for further inquiry, the officer will continue to remain under suspension. The same applies also in the cases where the penalty is set aside by a Court of Law and fresh enquiry is initiated by the disciplinary authority.

18.

19.

The Appointing Authority or the disciplinary authority may suspend a Government servant, When an order of suspension is made by an authority lower than the Appointing Authority; such authority should forthwith report to the appointing authority the circumstances in which the order was made. Orders of suspension should not be passed with retrospective effect. Specimen forms of suspension order are prescribed and it should be ensured that orders of suspension are issued in the correct prescribed from and must be signed by the disciplinary authority. An officer under suspension is subject to all other conditions of service applicable generally to Government servant and can not leave the station without prior permission. The Headquarters of a Government servant under suspension will be his last place of duty. However, if the individual requests for a change of HQ, the competent authority may approve such change if it is satisfied that such a course will not put the Government to any extra expenditure like grant of TA/DA etc or other complications. An order of suspension made or deemed to have been made at any time may be modified or revoked by the authority which made or is deemed to have made that order.

20.

21.

22.

46

Appx D, (Rule 10 ) 23. Second stage is to issue memorandum of charges. The Memorandum of charges is required to be signed by the disciplinary authority. The Annexure I to IV attached to the charge memo need not be signed. (Auth :- M of HA No 234/18/65-A VD/II) dt 14/3/66). Where the Government servant who has been served with charge sheet does not understand English language arrangements may be made to explain to him contents of the charge sheet and to accept his explanation in the language with which he is most familiar. (Auth :- Decision taken by Min of Home Affairs on their file No 7/15/58Estt(A). The charge memo should be served on the accused by hand or if necessary, through Registered A/D Post. This should be sent to his last known local and permanent address. His dated acknowledgement in token of having received the same should be obtained and kept on record. If the whereabouts of the accused person are not known, ex-party decision becomes necessary. In such cases, the disciplinary authority should publish a notice to the delinquent official in prominent local news-papers which should state that the charge sheet was returned undelivered by the postal authorities though sent to his permanent address. Publication of notice in newspaper is not necessary when it is known that the accused person has left the country and is residing in some foreign country. Attempts should be made to serve the charge sheet by Registered Post on the local address, permanent address and by publishing it on notice board of the office concerned. If the charge sheet is received back undelivered, a copy of the same and notice of enquiry should be affixed on some conspicuous part of the house where the delinquent official was known to have last resided. After this action is completed, separate enquiry may be held. Subrule (20) to Rule 14 and Govt. of Indias order No. (6) below it. (Auth :- Government of India, Min of Defence letter No 19(3)/67/2595/S/D(Lab) dated 28/12/74. CE SC RO Pt II No 68 of 10/2/75. The accused person is required to give his defence statement within ten days of the receipt of charge memo by him. If he fails to submit the defence statement within the stipulated time, an oral enquiry should be ordered. Some times the accused person asks for copies of certain documents mentioned in the charge sheet to prepare his defence statement. He should be informed that the present rules do not lay down provision of copies of such letters at that stage. The accused person should be advised to limit his defence statement to admitting or denying the charges. For this purpose, inspection or verification of the documents copies of which he has asked for is not necessary. (Auth : Govt of India, Min of Defence, u.o No 5(2)/75/1841/S/D(Lab) dt 18/12/75.CESC RO Pt II No 33/74)

24.

25.

26.

27.

28.

47 29. This enquiry is intended to give Government servant a chance to meet the charges and prove his innocence. It is of utmost importance that a proper oral enquiry is held. Suspended officer is also considered by the DPC for promotion but the findings are kept in sealed cover until after the case against the officer is decided. No leave is admissible while under suspension. An individual under suspension is also not transferred i.e. question of transfer of a Govt servant under suspension does not arise. (Auth : E-in-Cs letter No 78646/326/76/EID dated 3 Apr 79. CE SC RO Pt II No 119/77) Every effort should be made to serve the charge sheet or file a criminal proceedings against the Govt servant within six months from the date of suspension. Cases where this cannot be done should be reported to higher authority. An individual under suspension should not be asked to report to the office daily and sign the attendance register. He should be only asked not to leave the station without prior permission. Subsistence allowance admissible should be paid without delay. (Authy : M of D No 5(b)/76/6443/D(Lab) dated 20 Nov 76). E-in-Cs No 61162/EID(Vol XII) dt 16 Apr 77. If subsistence allowance is not paid and on that account if the accused person does not report for oral enquiry, then ex-party decision in that case cannot be taken as it amounts to not affording adequate opportunity to defend oneself. Guide lines to consider revocation of suspension are contained in M of D ID No. F/5/10/Vig/70 dated 22/29 Mar 79. These are that if the criminal proceedings launched in the court are not finalized within two years, the case for revocation can be considered by the disciplinary authority. The suspended Govt servant cannot however claim it as a matter of right that his suspension must be revoked because of two years of period of trial. Auth : E-in-Cs letter No 78646/351/77/EID dt 9.4.81. The rate of subsistence allowance to be paid to the Govt servant under suspension can be increased or reduced after the initial period of three months. See CSR Article 19. Articles of Charge The charges should be drawn up on the prescribed form, should be separately numbered and should give the date and nature of the offence alleged to have been committed by the accused person. The charges should be specific and not vague. (Appx. E and Appx.F) Statement of imputation of misconduct or misbehavior All relevant facts in details should be indicate in respect of each charge framed copies of documents and prosecution witnesses by which the charges are to be sustained, should be enclosed to the charge memo.

30.

31.

32.

33.

34.

35.

36.

37.

38.

48 39. Third Stage-oral enquiry. Holding of oral inquiry is mandatory in all major penalty cases. Even in cases where action is initiated only for minor penalty, if it is proposed to withhold the increment with cumulative effect or for a period of two to three years which may have effect on the terminal benefits of the accused, it is necessary to hold an oral enquiry before the penalty is awarded. The disciplinary Authority should issue an order appointing Inquiry Officer on the prescribed form copy of which should be given to the accused. (Appx. G) NOTE : 1. The inquiry Officer can be either a Commissioned Officer Gazetted Officer JCO/NCO or a civilian subordinate. The only thing to be seen is that the official appointed should be sufficiently senior to the accused person. 2. If a Govt servant has any grievances regarding bias of the inquiry officer, he should represent about is at the initial stage of inquiry (i.e soon after the appointment of IO). He cannot raise this question of bias after the enquiry has reached at an advanced stage. (E-in-Cs No 61162/EID (VI-_XI) dt 3.11.76).

40.

As soon as an application is received from the accused person against the IO, the oral inquiry proceedings should be stayed and the application alongwith relevant material should be forwarded to the Reviewing Authority for passing appropriate orders thereon. (Auth : E-in-Cs No 61162/EID (Vol-XI) dt 9.7.76). 41. The Disciplinary Authority will also issue an order appointing a Presenting Officer in the prescribed form, with copy to the IO and the accused. (Appx.H) NOTES : 1. Officer who is conversant with the case may be appointed. He may either be gaztted or Non Gazetted officer. 2. An officer who made the preliminary inquiry into the case should not be appointed as Presenting Officer. 3. Military Officer, JCO/NCO cannot be appointed as Presenting Officer. Auth : AHQ AGs Br No 93792/CCS(CC&A)/Org4 (CIV) (a) dt 17.8.79 and 93792/Org4(Civ)(a) dt 16.9.72 as amended by even No dt 10.9.74. 42. 43. The accused person should appear in person before the Inquiry Officer at the date and time specified by the IO. The accused person can take the assistance of any other Govt servant (including a retired Govt servant) to Present the case on his behalf. He may engage a lawyer only if the Presenting Officer is Legal Practitioner and Permission to engage a lawyer has been given by the Disciplinary Authority.

49 NOTE : The accused person cannot insist on the particular individual to be his defence assistant. He should submit a panel of three names in order of preference to the IO. IO will arrange for the presence of the Defence Asstt by writing to his office chosen on the date of enquiry. Auth : AHQ AGs Br No 93972/PC-593/Org-4(Civ)(a) dt 5.7.75 (E-in-Cs No 61162/EIDVol XI) dt 18.5.76. 44. The disciplinary authority should forward to the inquiry officer the following documents to enable the latter to hold the enquiry. 1. 2. 3. 4. 45. A copy of charge memo (complete in all respects) together with acknowledgement if received from the accused. Defence statement submitted by the accused if received. A copy of appointment of Presenting Officer. A copy of statement of witnesses, if any, referred to in the charge memo.

On receipt of above documents and within 10 days, IO should hold Preliminary inquiry. The date, time and venue of such enquiry should be intimated to the accused and presenting officer. Form prescribed for this should be used. In this enquiry the IO should inform the accused that he can take the assistance of a Defence Asst (If the accused has not already nominated his asst). The IO should also ask the accused whether he has received the charge memo and whether he accept the charge/charges. In case he accepts the charges, the IO should obtain his confirmation in writing and submit his report to the effect that the accused has accepted the charges. If the accused person fails to attend the first hearing or pleads not guilty, the inquiry officer will ask the presenting officer to produce the evidence by which he proposes to prove the articles of charge and will adjourn the case to a date not later than 30 days. While adjourning the case the IO should issue an order that the Govt servant may inspect within 5 days for access to any relevant documents not mentioned in charge memo in case he desires to see such documents. All relevant documents must be shown to the accused person and his defence assistant. The following should not be shown even if demanded:1. 2. 3. 4. 5. Reports of a Departmental Officer appointed to Preliminary inquiry. SPEs reports. File dealing with disciplinary case against the accused. Advice of CVC. Character roll of the officer. hold a

46.

47.

48.

If court of inquiry is indicated in charge memo, then a copy of proceedings has to be made available to the accused. However, the recommendations of the Board and recommendations of staff authorities should not be shown. The Inquiry Officer should summon witnesses. The notices addressed to the witnesses will be signed by the inquiry officer. Those addressed to witness who are Govt servants will be sent to their officer with

49.

50 request to relieve the individuals and direct them to attend the inquiry. Non compliance with the request of IO by Govt servant amounts to conduct unbecoming of Govt servant. 50. (Appx. J) Presenting Officer will be first asked to present the case on behalf of Disciplinary Authority. The documentary evidence cited in Annexure III to charge memo will than be produced by the Officers holding such documents or by any other officer detailed for this purpose. Prosecution witnesses will then be explained. Those named in Annexure IV to charge Memo should only be examined. The Presenting Officer should ask questions to elicit information. Leading questions should not be allowed by inquiry officer. The witness will then be cross examined by the accused or by his Defence Assistant. Terms explained : Examination-in-Chief means the first examination of the witness by the party to which he belongs i.e. when a prosecution witness is examined by Presenting Officer that examination is called Examinationin-Chief. Similarly when the witness produced by the accused is first examined by the accused or by his defence assistant the examination is called Examination-in-Chief. Cross-Examination Examination of the witness by the opposite party. Re-ExaminationSubsequent to cross examination. Leading question Any question suggesting the desired answer is a leading question. After cross examination of witness by or on behalf of the accused, the Presenting Officer can re-examine and the witness on any points on which he was cross-examined not on any new matters. If he is to be examined on new points, permission of enquiry officer would be necessary and if such permission is granted, the witness can again be cross-examined.

51.

52.

53.

54. After examination, cross examination and re-examination of witness the enquiry officer may ask question to the witness as he may think fit. If such question are asked, the accused can again cross-examine the witness on the points covered in the question asked by inquiry officer. 55. The deposition of each witness will be taken down on a separate sheet of paper at the head of which will appear the name of witness and whether he is PW (Prosecution Witness) or DW (Defence Witness). The deposition will generally be recorded as narrations put on certain points it may be necessary to record the question and answers in verbatim. As evidence of each witness is completed, the inquiry officer will read the depositions as recorded to the witness in the presence of the accused. The inquiry officer will record and sign the following certificate at the end of deposition of each witness.

56.

51 Read over to the witness in the presence of the accused and admitted/objection of witness recorded. 57. The inquiry officer and the witness will sign every page of his deposition. The accused person will also sign at the end of each deposition. After the closure of the case by Presenting Officer, Inquiry Officer will ask the accused person to state his defence. If he submits defence in writing, he will be asked to sign each page of his defence. If he submits his defence orally, Inquiry officer will record it and get it signed by him. The accused person or his defence assistant may then examine their witnesses who can be cross examined by Presenting Offices. At the end of the case, inquiry officer will examine the accused generally to enable him to explain any circumstances appearing against him. On the completion of evidence of both sides, inquiry officer should proceed to hear the arguments. Inquiry Officer can permit the presenting officer to submit his written brief with copy to the accused. On receipt of copy of the brief submitted by the Presenting Officer, the accused may submit his brief within two days. Inquiry Officer will maintain a daily order sheet to record in brief the business translated on each day of the hearing. In particular the following points should find mention in the order sheet :(a) The additional documents and the witnesses asked for by the accused in his defence.. (b) The additional documents and defence witnesses. (c) Reasons for disallowing certain documents and witnesses. 62. The inquiry officer after considering the oral and documentary evidence, should draw inferences as a prudent person would do. He should then record his conclusion on each charge whether it is proved or not. He should particularly ensure that he relies on facts which have come into evidence and which the accused person had opportunity to refuse. The report of inquiry officer should contain. (a) Reference to the order of his appointments as inquiry officer (b) Articles of charge in brief, indicating those which are admitted and which required discussion. (c) for each charge inquired into : (i) the case in support of the charge (ii) the case of defence (iii) assessment of evidence (iv) the findings of Inquiry officer. The inquiry officers report should be accompanied by :1. 2. a folder containing copy of charge memo and defence statement submitted by the accused. service particulars of the individual in prescribed form.

58.

59.

60.

61.

63.

64.

52 3. 4. 5. 6. 7. 65. a list of exhibits together with exhibits presented during the inquiry. list of witness examined together with their depositions in the order they were taken during the enquiry a folder containing daily order sheet. a folder containing written statements of accused and briefs. Correspondence file.

If the Inquiry Officer concludes that an allegation other than that described in the original charge memo is proved he may record his findings on such a charge as long as the accused person has admitted the facts or had an opportunity of refuting them. Inquiry Officer should submit sufficient number of copies of his report to disciplinary authority (i.e 1 copy for Disciplinary Authority and one for each accused person). On receipt of the report from the inquiry officer, the disciplinary authority will supply copy of inquiry report to the accused person and direct him to give his version on the inquiry report within 15 days of the receipt of the report. After considering the inquiry report and the version of the accused person on the inquiry report, the disciplinary authority may award the penalty if competent to do so or remit the case to the higher disciplinary authority. The action is to be taken if charges are said to have been proved by the inquiry officer. If the inquiry officers report is not acceptable to the disciplinary authority, he may record his reason for not agreeing with the inquiry officers report and then award penalty. The order imposing penalty must be a speaking order. Once the disciplinary authority passes his order on a disciplinary case it becomes functus officio and cannot thereafter make any modification to the penalty awarded. Appellate authorities are shown in Annexure (ii) to this Appendix. Appeal must be submitted by Govt Servant himself. Appeal made by wife or other relatives is not to be considered. (Authy : E-in-Cs letter No 73655/652/79/EID dt 26 June 80. ) CE SC Pune No 130801/2/EID dt 10 Jul 80). Appellate Authority on consideration of the appeal can either set aside the penalty, or confirm the penalty OR, enhance the penalty OR reduce the penalty OR remit the case to the authority which had earlier imposed the penalty with such direction as it may deem fit. This means that only one of the various alternatives are to be used and not two or more . When the case is remitted for further inquiry the original penalty stands until modified after receipt of report of de-novo inquiry. (Authy : M of D No 5(i)/77/285/S/D(Lab) dt 15 Feb 77. (CE SC RO 77/77). Appellate authority having considered the appeal and passed orders in its appellate jurisdiction becomes Functus Officio and cannot review its own orders. (Authy : M of D ID No 5(2) /73/2629/S/Lab) dt 25 Dec 74.

66.

67.

68. 69.

70. 71.

72.

73.

53

Action to be taken in cases where Govt Servants are convicted on a Criminal Charge 74. As soon as a report about the conviction of a Govt Servant is received, the following action should be taken: (a) If the Govt Servant is not already under suspension the appropriate disciplinary authority should issue an order of suspension. (b)Expeditiously obtain a copy of the judgment convicting the accused either from SPE authorities or Govt counsel or Civil Court concerned. (c) On receipt of copy of judgement, the competent disciplinary authority should consider the course of action to be taken against the Govt servant. (d)If the disciplinary authority comes to the conclusion that the offence for which the Govt servant has been convicted was such as to render his retention in public service prima-facie undesirable, it should arrive at a provisional conclusion to impose upon him under Rule 19(i) of the CCS (CC&A) Rule 1965, the penalty of dismissal or removal or compulsory retirement from service as considered appropriate with reference to the gravity of the offence without holding any inquiry. (e) Before the proposed penalty is awarded, the individual concerned should be served with a notice intimating that further action will be taken and providing copy of Inquiry Report to him. Representation submitted by the individual should be considered by the disciplinary authority and appropriate orders then passed. (Authy : E-in-Cs letter No 61162/EID (Vol XIII)dt 27 Aug 79. CE SC Pune No 130801/2/EID dt 6.9.79 and 130801/2/EID) In this connection it is pertinent to note that the action as indicated in para above should be taken even if the individual has gone in appeal to the higher court against his conviction by the lower Court. It is not necessary to wait for the result of the appeal submitted by the individual. (Auth : Min of Def OM No 19(3)/67/326/S/D(Lab) dt 16 Feb 76. E-in-Cs No 61162/EID (Vol XI) dt 6.3.78) Some times it so happens that the Court convicts a Govt servant for some criminal offence but releases the Govt servant under the Probation of offenders Act. E-in-Cs Branch have clarified that the release under the said Act does not water down the gravity of the offence as the misconduct (for which he was convicted) show lack of integrity on the part of the delinquent Govt Servant. Hence further action as Provided in Rule 19(i) of CCS (CC&A) Rules will have to be taken for major penalty Action as per para 74 above should be taken even if the Govt Servant is released under the Probation of offenders Act. (Authy : E-in-Cs No 78646/328/76/EID dt 18.8.78 & 05 Mar 79). There appears to be general impression that every Govt Servant who is convicted should be dismissed or removed from service. It is not so. Such cases are to be dealt with under Rule 19(i) of CCS (CC&A) Rules. The words Any penalty occurring in Rule 19(I) makes it quite clear that discretion lies with the disciplinary authority to impose any of the penalties specified in Rule 11 on the ground of conduct which has led

75.

76.

77.

54 to the individuals conviction on a criminal charge. authority is free to impose any penalty. Legal & Judicial Opinions in Disciplinary cases 78. Inquiry officer appointed in a disciplinary case can be summoned in a Court if the accused goes to a Court against the penalty awarded to him. (Authy : E-in-Cs No 61162/PC-38/E1D dt 07 Jan 78) When prosecution is to be launched against a Govt. Servant by CBI of SPE, sanction of Appointing Authority Should be invariable issued on the prescribed form. This should be signed personally by the authority competent to remove the Govt servant from service (Authy : E-in-Cs No 61162/E1D VOL XI dt 20 May 75) No disciplinary proceedings should be started subsequent to the initiation of the Court proceedings. However if departmental proceedings have already been started, the same should be progressed. Such proceedings should be stayed only if a Court of competent jurisdiction issues an injunction or clear order staying the same. (Authy : M of D uo No F1/5/Vig/72 dt. 04 Jan 73). The disciplinary

79.

80

Consultation with CVC 81. If a disciplinary case is initiated against a Group C or D employees on the advice of CVC, the case should be referred to CVC for 2 nd stage advice after oral inquiry is completed. If CVC had recommended action for award of minor penalty only and if such a minor penalty is being awarded, then it is not necessary to seek 2nd stage advice of CVC. However if it is proposed to close the case without awarding any penalty or only to warn the individual, then concurrence of CVC would be necessary. Disciplinary cases having vigilance angle only are requited to be referred to CVC for advice. Vigilance Angle has been clarified as case where Govt Servants are involved in bribery, corruption, forgery, cheating, criminal breach of trust, falsification of records, defalcation/misappropriation of public money, possession of assets disproportionate to the known sources of income, other malpractices of misdemeanor disclosing lack of integrity or malafide motives and cases where a Govt Servant has acted or refrained from acting for an improper or corrupt purpose, Cases involving purely administrative or technical lapses such as negligence, lack of supervision or operational or technical lapses and irregularities where no element of corruption or improper motive is alleged. Suspected are not to be treated as having Vigilance Angle. (Authy : E-in-Cs No. 61162/E1 D (Vol XI) dt.11 Feb81,CESC Pune No.130801/2/E1 D dt. 7.3.81.) Suites is laid down in Army Dec 69. This letter clearly suit cases on the local an Area or equivalent

82.

Defence of Civil Suits 83. Procedure to be followed in Defence of Civil HQ, AGs Branch letter No 188899/PSI dt 26 enjoins the responsibility to deal with representative of the Arm/Service in

55 Headquarters. This means that defence of civil suits pertaining to MES has to be arranged by CWE concerned. CWE can deal directly with Ein-Cs Branch so far as correspondence relating to Civil Suits is concerned. 84. For the purpose of dealing with suit notices or in connection with regular defence of Civil Suits, the CWEs representative has to maintain a close liaison with the Govt Pleader. It has therefore been the practice to entrust this responsibility on the CWE functioning in the Station where the Court case is to be defended. In such cases, the CWE to whom the case actually pertains, should forward all relevant information documents of the case. All Court Cases must be dealt with promptly at all stages. Any lapse noticed is viewed seriously by higher authorities. Disciplinary action can be initiated against those who are found responsible for any lapse in dealing with court Cases. (Authy : E-in-Cs letter No 38849/80 CPC/MISC/E2 (WPC) dt 28 Apr 76). Writ petitions filed by Govt Servant in High Courts against imposition of major penalty. If the disciplinary action was taken on the basis of CBI report, the Central Vigilance commissions should be informed of the writ Petition and their advice obtained for filing affidavit-in-opposition. Advice tendered by CVC should not be cited in any proceedings or a copy of it should not be given to the accused person. (Authy : M of D UO No 1/10/Vig/73 dt 10 Sep 73).

85.

86.

Disciplinary action against absentees 87. Procedure to be followed is explained in E-in-Cs Branch letter No 67375/E1C (1), 28 Oct 74. Briefly it is explained below: (a) On the 3rd day of absence of the individual write to him to explain reasons for absence and to produce MC in case he is sick. (b) If he produces MC and if the MC produced is not considered to be satisfactory, arrange for the 2 nd medical opinion. (i.e direct the individual to report to Civil Surgeon or Govt Civil Hospital for medical examination). (c) If there is no response from the individual, initiate appropriate disciplinary action for :(i) Absence without leave. (ii) Disobedience of orders in not reporting to Medical officer for second medical opinion. This action should not be delayed and every effort made to issue Charge Memo within one month from the date of unauthorized absence. ABSENCE OF INDIVIDUAL SHOULD NOT BE REGULARISED until the disciplinary case is finalized. No charge sheet should be issued for Absence if the period of absence is already regularised as leave of any kind. (Authy: E-in-Cs letter No 61/16/EID dt 3 May 74 and 78655/608/78/EID dt 26 Oct 79).

56 Issue of Show Cause Notice before award of Major penalty. 88. The provisions contained in Rule 15(4) of CCS (CC&A) Rule 1965(under which it was mandatory to issue a Show Cause Notice before awarding major penalty) have since been deleted. There is no necessity now to issue a Show Cause Notice (except where action is taken under Rule 19 of the said Rule) and major penalty can be awarded after obtaining version of the accused person on the inquiry report and after considering the inquiry report and the version of the accused person on the inquiry report. (Authy : Min of HA Note No 11012/2/77/Estt-A dt 18.8.78 CE SC RO Pt II No 220/78.)

Imposition of two penalties 89. While normally there will be no need to impose two penalties at a time, the penalty of recovery from his pay of whole part of any pecuniary loss caused by him to the Govt could be imposed along with any other penalty. (Authy: Para 22 of Chapter XII of Vigilance Manual Vol I. E-in-Cs No 78650/22/66/EID dt 08 Feb 67 refers) Standard Forms 90. Standard forms prescribed by Govt for uses in disciplinary proceedings are listed at Appendix A, 'B', 'C' and D. It will be ensured that these forms with suitable modifications are used where ever necessary.

PROCEDURE FOR CONDUCTING INQUIRIES 91. The following abbreviations have been used in this chapter for the sake of convenience:CO PO DA DW S 1. - Charged Officer - Presenting Officer - Disciplinary Authority - Defence Witness - Document of State IO DOS SW D - Inquiry Officer - Daily Order Sheet - State Witness - Document of Defendant

Documentation. (1) For the purpose of departmental enquiries the word documentation can be taken to mean handling, disposal or creation of documents at different stages of the inquiry. The first document that comes into the hand of an Inquiry Officer in connection with a departmental enquiry is his own appointment order as an IO. He should first check that this order has been issued in the proper form and signed by the competent authority. Any legal flaw in this document should be pointed out to the disciplinary authority for rectification under intimation to all concerned. (2) Certain documents are required to be sent by the disciplinary authority to the IO along with the appointment order as prescribed in Rule 14 (6) of CCS (CCA) Rules. If the documents are not received, they should be called for. Only copies of the specified documents are expected to be supplied to the IO. However, evidence proving

57 delivery of the charge sheet to the Charged Officer is to be made available in original to the IO. (3) The IO should then send a notice to the CO for appearing before him in person on the day and time fixed by him within 10 to 20 working days from the date of receipt by him of the charge sheet. The CO is also required to give particulars of his Defence Assistant and also that of the latters controlling authority, if he wishes to nominate a Defence Assitant in service to present his case. 2. Bringing the documents on record. (1) The documents appended to the charge-sheet are to be made available by the DA to the PO who will be the custodian thereof till the inquiry proceedings are over and report is submitted to the DA. The documents may be taken on the day of preliminary hearing itself or in course of regular hearings, as may be found convenient. Once the listed documents are brought on record, they are to be assigned exhibit numbers in a continuous series such as S-1, S-2 and so on. Similarly, documents brought on behalf of the defendant are allotted serial numbers carrying numbers as D-1, D-2 and so on. Prosecution documents may be marked in red ink and the defence documents in any other ink for purpose of easy distinction. In case several documents are listed under one item the documents may be marked as S-1 (i), S-1 (ii), S-1 (iii), etc., Similar procedure may be adopted in the case of defence documents also. The marking of the documents should be on the top right corner at a visible place and bear the dated initials of the IO. (2) The undisputed documents may be taken on record straightaway. Documents which are not admitted as genuine or authentic by the CO have to be introduced through witnesses who can prove the authenticity and genuineness of the documents. (3) Once the documents are brought on record and are marked in the above manner by the IO they should not be passed on to the PO for custody. 3. Inspection of documents before hearings.(1) There are two types of documents to which the CO has a right of access for defending himself. The first category comprises of the documents relied upon by the DA to prove the charges, viz., those listed with the charge-sheet. The second category includes the documents which may be relied upon by the CO for preparing his defence. The CO while furnishing a list of documents in official custody the perusal of which is required for purposes of his defence, should indicate the relevancy of each from the defence point of view. These Defence Documents are commonly known as Additional Documents. While the CO has a complete and unconditional right of access to the first category of documents, right of access to the second category of documents which may be in the custody of Government is limited by two conditions. Firstly, the IO may turn down the request for the production of those documents which are considered as not relevant to the defence of the CO. Secondly, the controlling authority, namely, the Head of the department, may refuse to produce the requisitioned documents on ground of prejudice to the public interest or security of the State. In either case, however, before the commencement of regular hearing the CO will be given an opportunity to inspect the listed documents permitted additional documents. Inspection may be carried out in the presence of the IO himself, or the PO or any other officer deputed for the purpose. (2) At the time fixed for inspection of documents the CO will be given facilities to see them and to take copies if possible or to take extracts. It should, however, be ensured that the documents are not tampered within the course of the inspection.

58 (3) Before close of the case on behalf of the DA, the PO may make a request under Rule 14 (15) for producing new documentary evidence not included in the original list supplied to the CO. Such requests are granted by the IO only when there is inherent lacuna or defect in the evidence which had been produced originally. New evidence is not to be permitted to fill up any gap in the evidence. The IO before taking a decision, should hear the viewpoints of both the sides, on the admissibility of the new evidence. However, when production of fresh documentary evidence on behalf of the DA is permitted, the document proposed to be so introduced should also be offered for inspection, before it is brought on record with minimum three clear days intervening between adjournment granted on account of proposal to introduce fresh evidence and resumption of proceedings later on. 4. Daily Order Sheet. (1) Daily Order Sheet is the record maintained by the IO of all the business transacted by him on day-to-day basis of the conduct of the inquiry proceedings. The gist of requests and representations made by either party and orders passed thereon by the IO are to be incorporated in the DOS. The following points in particular should find a mention in the DOS:(a) (b) (c) (d) Additional documents and the witnesses asked for by the CO in his defence. Additional documents and defence witnesses permitted. Reasons for disallowing the remaining documents and witnesses. Whether the additional documents permitted as relevant were made available for inspection and were inspected by the CO. (e) If the authority having custody of any such document does not consent to its production, the fact of such refusal. (2) The DOS which is drawn on day-to-day basis is to be dated and signed by the IO, the PO, the CO and the Defence Assistant. It would be rather desirable to furnish copies of the DOS both to the PO and the CO. (3) If the CO or the PO or the Defence Assistant refuses to sign the DOS, the fact of such refusal may be mentioned in the DOS itself. 5. Interlocutory Orders. (1)Interlocutory order means a decree given in the course of a legal action. In the context of a departmental inquiry it means an order passed by the IO during the actual conduct of the inquiry on the various points or objections raised by the presenting and the defending sides. (2) There are may be several occasions at different stages of the inquiry calling for on the spot decisions and orders by the IO. For example, demand of a CO for supply of Xerox or typed copies of listed documents, requests for production of certain defence documents and defence witnesses, requests for postponement of hearings on one ground or the other and such demands which call for decision and order by the IO. Before deciding such issues he may hear the viewpoints of both the parties but the issues are to be decided by him in his own discretion. He may observe the principles of natural justice and provide adequate opportunity to both the parties without allowing anyone to adopt dilatory tactics. (3) The power of an IO to pass interlocutory orders is absolute and there is no appeal against such orders. It is, therefore, imperative that the power is exercised judiciously on the basis of valid reasons to be recorded in the DOS. Departmental proceedings being quasi-judicial in nature, re-cording of reasons in support of decisions is obligatory as it ensures that the decision reached was not a result of caprice, whim or

59 fancy or is taken on the ground of some expediency. The recorded reason should reveal a rational nexus between the facts considered and the conclusion reached. (4) No exhaustive list of interlocutory orders can be drawn up. Each situation may require independent and through consideration by the IO. Certain guidelines are already available for deciding requests for copies of documents, requisition for additional documents and defence witnesses, copies of statements of listed witnesses and of persons though examined in preliminary enquiry but not listed in Annexure-IV to the charge-sheet, copies of preliminary enquiry report, etc. Those instructions should be kept in view while passing any such order. Requisitions for reports of preliminary investigations, files of disciplinary proceedings, advice of various authorities, confidential rolls, etc., should not be accepted. However, in every case where it is decided to refuse access to any official document, the reason for the refusal should be cogent and substantial and should invariably be recorded in writing. 6. Recording of Evidence. (1)Recording of evidence includes proving the validity of listed documents through witnesses and recording their oral statements, if any. Examination of a witness is done in three parts, viz., examination-in-chief, cross-examination and re-examination. There are definite guiding principles regulating all the three parts. Admitted documents and facts can be gone into straightaway. Earlier written statements, if any given by a witness, may be read out to him and he may be specifically questioned whether he admits the same or not. If he does so, the statement may be marked as an Exhibit and the CO asked to proceed with the cross-examination. The PO should produce the disputed documents through witnesses. (2) The deposition of every witness should start on a separate sheet. It is required to be signed by the IO and the deponent. Copies of the statements recorded during the course of proceedings should be supplied to the PO and the CO soon after their recording. Witnesses produced on behalf of the DA are known as State Witnesses and those produced on behalf of the Defendant are known as Defence Witnesses. They are accordingly identified as SW-1, SW-2, etc., and dW-1, DW-2, etc. 7. Inquiry Report. After conclusion of the Inquiry, the IO has to prepare a Report as laid down in Rule 14 (23) (i) of the CCS (CCA) Rules and forward the same to the DA together with the records of inquiry consisting of the documents prescribed in Rule 14 (23) (ii). There is no prescribed format for writing the report. The Inquiry Report is to be divided into the following parts:(i) (ii) (iii) (iv) (v) (vi) (vii) Introductory. Defence assistance availed of by the CO and his participation in the inquiry. The charges and substance of imputation of misconduct. Case of the DA. Case of the CO. Analysing and assessment of evidence. Findings and decision against each charge

The report is to be based only on evidence brought on record. The evidence has to be weighed and evaluated very carefully, intelligently, dispassionately and impartially. The IO has to draw his inferences and record his reasoned conclusions. The assessment of evidence and arguments on each charge should be done under separate headings. 3. The IO should then forward the Inquiry Report to the DA.

Instructions for Inquiry Officers (Assimilate the provisions of Rule 14 and the Instructions there under as also Sections 7 and 8 of the Digest in the first instance.)

60

Scope of Rule 14 Inquiry and Role of Inquiry Officer 92. The procedure prescribed in Rule 14 of the CCS (CCA) Rules is applicable only in cases in which the charges are so serious as to call for one of the major punishments. The procedure is mainly designed to ensure compliance with a salutary principle of justice and public policy which has also been incorporated in Article 311 of the Constitution of India, viz., that no man should be condemned or punished without a reasonable opportunity to defend himself. The prescribed procedure, therefore, requires that the accused officer should be told in the form of written charges exactly what he is alleged to have done and on which evidence, oral or documentary, the allegations are based, that he should have an opportunity to inspect the documentary evidence, to test the oral evidence of cross-examination and to furnish such evidence as he may wish to adduce in his own defence. Any thing less than this would amount to a denial of the reasonable opportunity which is guaranteed by Article 311. There is, however, nothing in these minimum requirements which must necessarily lead to unduly protracted proceedings or to a failure to secure just punishment to the guilty. The officer conducting a departmental enquiry has to hold the balance even between the interest of the State and the avoidance of injustice to the accused. He is free to take a responsible, reasonable and prudent view of the facts and circumstances of the case and is not bound by the rigid limitations regarding the admissibility of evidence and the degree of proof applicable to prosecution before Criminal Courts. Provided the Inquiry Officer gives the necessary time and effort, confines his attention to the main points at issue and firmly resists any attempt by the accused officer to introduce irrelevancies or to adopt deliberate dilatory tactics, there is no reason why satisfactory expedition in disposal should not be achieved without departing from the prescribed procedure. (G.I..,M.H.A., O.M. No 39/40/52-Estt., dated the 4th October, 1952.) The Inquiry Officer is not the prosecutor. It is not his duty to somehow prove the charge. It is not for him to assume that the delinquent officer is guilty and try to bring out admissions from the delinquent officer so that the charge against him may be proved. Such an approach would apparently indicate bias on the part of the Inquiry Officer and so must be avoided. When the Inquiry Officer forgets his role and instead of putting questions with a view to elucidating answers for a proper understanding of the facts before him and begins a searching cross-examination, the object of which is apparently evident, he ceases to be an Inquiry Officer any more and his action is liable to be attacked successfully by the officer who is prejudiced by the consequent action. It has been noticed time and again by Courts that when the officer holding the enquiry takes a role different from that of a person who is to adjudicate on the dispute impartially and without bias, he becomes disqualified and it could no longer be said that the result of the enquiry is fair. (S. Krishnan Nair v. Divisional Superintendent, Southern Railway, 1973 SLJ 46: (1973) 2 SLR 353.) Functions You are a delegate of the Disciplinary Authority; but you are not subject to his orders/instructions or those of the superior authority in the administrative hierarchy. Your functions are threefold, viz., to document, to analyze and to recommend whether the charges are proved or not. DOs and DONTs

61 1. At the very outset your job is a thankless one. Normally, it is not one of your legitimate duties too. Anyhow, the job has been assigned to you. Take it as a rare opportunity in your official career for dispensing justice. Be clear in your mind about the scope and your function as an Inquiry Officer. You have been appointed to enquire into the truth of the charge against the charged officer. You have been assigned a quasi-judicial function and for this purpose you cease to be a Government servant. Be unbiased, fair, just and judicious. Be interested in justice and fair play. For being unbiased, you should obviously have no personal interest in the case. See that both sides get just and reasonable opportunity to place their viewpoints. Be not interested either in the charged officer being proved guilty or being exonerated. Ensure that there is no undue delay in the commencement and conduct of enquiry. Draw up a positive programme in consultation with the parties. Once a regular hearing is started, see that the case is heard on day-to-day basis. What is required is fair and reasonable opportunity and not an unfair and unreasonable opportunity to obstruct and hinder. Do not allow the parties to dominate the proceedings by seeking adjournments. Do not allow lengthening of the agony of the charged officer. He should not also be allowed to waste public money and time by delaying the proceedings. Adjournments have to be minimum necessary; justice to be effective has to be quick. There should normally be no adjournments except for illness supported by medical certificate or for unavoidable and adequate reasons. Be alert to check either party from indulging in every trick to delay or hinder proceedings and put a spoke in the wheel of justice. Be serene and even handed during hearings. Do not indulge in loose talks or give any indication about your view at any stage. Do not consult others behind the back of the charged officer. Do not look into the report of investigation or any unspecified record. Bear in mind that a departmental inquiry is different from a criminal case and that the technical rules of evidence are not applicable to domestic enquiries. However, since the provisions of this Act are based on the principles of Natural Justice, they have to be observed, but not as meticulously as they are followed in Courts. Do not entertain any request from the charged officer for supply of copies of documents. He may be permitted to take extracts.

2.

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

14. 15. 16. 17. 18. 19.

20.

62 21. Ensure that previous statements of listed witnesses are made available to the charged officer well in time for cross- examination, i.e., at least three clear days before the examination of the witnesses. Do not entertain any request from the charged officer for copies of statements of witnesses interrogated during the investigation but who are not listed as witnesses in support of the charge. Do not hold enquiry ex parte if the charged officer under suspension is unable to attend due to non receipt of subsistence allowance. Do not refuse permission to charged officer to participate in the middle of an enquiry being held ex parte. Do not normally interfere with the discretion of the cross examiner in putting questions to the witness. However, do not allow questions which are irrelevant or are malicious or are likely to cause annoyance to the witness during examination. Protect the witness from any unfair treatment during examination. Do not allow leading questions in main examination. They may be permitted in cross-examination. However, do not permit the questions in such a way as to put the very words in the mouth of the witness which he echoes back. Ensure that the witness understands the question put to him before he answers and see that the answers given in vernacular is properly translated in English and recorded. Recall a witness for re-examination only if it is absolutely necessary in the interest of justice. Watch the demeanour of the witness while depositing and make a note of it. Use your powers judiciously to put such questions to a witness as to bring out the truth so that you have a fair and clear understanding of the whole case. Do not allow production of new evidence to fill up a gap in the evidence, but only where there is an inherent lacuna or defect in the evidence originally produced. Be careful in the exercise of this discretion. Your power to pass orders on objections/points arising during the course of the enquiry is absolute as there is no right of appeal against it. It, is, therefore, imperative that you are judicious in your decisions. If during the course of enquiry, the charged officer comes forward to plead guilty, you have discretion to accept the plea and record your findings or to continue the case to its conclusion. Though the rule provides hearing of both sides at the end, it would be preferable to call on them to give written briefs, so that you do not leave out to discuss/analyze any point brought out by them. You will only be doing justice to both the sides by such an act. Your finding must be based only on evidence adduced during the enquiry, Reliance should be placed only on the facts which have come into evidence and which the charged officer had opportunity to refute, examine or rebut.

22.

23. 24. 25.

26. 27.

28.

29. 30. 31. 32.

33.

34.

35.

36.

63 37. No material from personal knowledge bearing on the facts of the case or extraneous matter which has not appeared either in the articles of charge or in the statement of imputations or in the evidence adduced at the enquiry and against which the charged officer had no opportunity to defend himself should be imported into the case. While studying the case and canvassing the evidence, be judicious and show poise and balance. Do not be satirical or vicious. Do not indulge in unnecessary hair-splitting argument about the letter of the rule or instruction but confine your finding to the essence of the misconduct attributed to the charged officer and whether the charge of misconduct is made out against him. Draw inferences as a rational and prudent person would do considering the oral and documentary evidence, noting who said it, when and in what circumstances, whether what was said or done was consistent with the normal probability of human behaviour. Do not summarize the versions of the two sides and select one. Base your conclusion on a report which looks reasonable. Clearly indicate in the report the relation between the imputations, evidence and conclusions. The conclusion should be logical and should not appear as if you had already made up your mind and that you are making a one sided presentation of facts to support it. In partly heard inquiries, you may proceed from the stage left by your predecessor. Do not fail to bear in mind the principles of Natural Justice and Reasonable Opportunity and burden of proof vis--vis departmental proceedings. After signing the report, you become functus officio an cannot make any change in your report or to offer comments, clarifications, etc., thereon. Last but not the least, do not overstep your functions. Just enough to probe into the relevant issue and not more. It is not in your domain to condemn the charged officer or to suggest a deterrent punishment.

38. 39.

40.

41. 42. 43.

44. 45. 46. 47.

93. INSTRUCTIONS FOR PRESENTING OFFICERS 1. Your function is to show why charges should be deemed to be established, if not beyond reasonable doubt at least on the basis of preponderance of probability, by leading oral and documentary evidence (direct and circumstantial) and by drawing logical inferences therefrom. You should present your case in an understandable and orderly manner with precision, clarity and logic. The impression created in the mind of the Inquiry Officer is important. You should aim at gaining his confidence and sympathy and to avoid putting questions unsavoury to him. Policy of bold assertion of rights and at the same time politeness in manners, should be diligently followed. You should be in a position to assist the Inquiry Officer to plan the stages of regular hearing purposefully.

2.

3.

64 4. Be knowledgeable about the rules and procedures. You should be able to introduce rules and procedures essential to prove the event/transaction and the concerned duties of the charged officer. Ensure that the following documents are received along with your appointment order:(i) articles of charge; (ii) statement of imputations of misconduct or misbehaviour; (iii) a copy of the memorandum addressed to the charged officer; (iv) written statement of defence or a clear statement that the charged officer has not replies within the specified time; (v) list of witnesses by whom the articles of charge are proposed to be sustained and their statements during the investigation; (vi) list of documents by which the articles or charge are to be proved; (vii) proof of receipt of documents mentioned in (i) to (iii), (v) and (vi) above by the charged officer; and (viii) order appointing the Inquiry Officer and the Presenting Officer. Collect from the concerned departmental officer all the statements of witnesses taken and the statements seized during the investigation, if not received already. Get in touch with the officer who investigated the matter, discuss the case in detail with him, suggest further investigation, if necessary, and note down irreparable lacunae in investigation. If additional evidence is necessary, get it through him. Study your case fully and take the proceedings seriously. Study all the documents and try to reconstruct in your mind each step in the event/transaction involved. In each step you should scrutinize the part played by the charged officer and others. See which of the oral and documentary evidence (direct or circumstantial) is necessary and adequate to present the case. Study each element of the event/transaction, all the elements of the conduct expected of the charged officer and each element of misconduct attributed to him. Your study of the case should be through and purposeful. Great care is needed in the exercise. Correlate each item of oral or documentary evidence and decide what is likely to prove or fails to prove. It should be possible to anticipate what the charged officer is likely to admit; then, omit the evidence intended to prove admitted facts or which is superfluous. If a document is admitted, it can be produced by a person in possession of it. On the other hand, if the contents of any documents are not admitted, the person who prepared it or maintained it must be offered as a witness so that the charged officer can cross-examine him. At the preliminary hearing be prepared to supply copies of statements of witnesses and other documents, if not so done earlier. If a reference is made to the preliminary report in the articles of charge and statement of imputations, it has to be made available to the charged officer. Do not try to get adjournments. Trying to get an adjournment on unconvincing grounds tends to amount to obstruction and hindrance of quasi-judicial process. Be present on all the hearings. The case may be lost by default.

5.

6. 7.

8.

9.

10. 11. 12. 13.

14.

15.

65

16.

Be in a position to collect necessary evidence and witnesses for presentation at the regular hearing with greater precision. Keep all your witnesses present for hearing from day-to-day. Before departmental witnesses are examined at the enquiry, it would be desirable to meet them in advance and refresh their memory by referring to their statements recorded at the time of investigation. This will help you and the witnesses to recollect the facts of the case clearly and have a good grip over them while tendering evidence at the enquiry. Do not ask leading questions while examining your witnesses. Do not ask questions in a mechanical or routine manner, on self-explanatory documents or put questions to the witnesses making them repeat an accepted or adequately proved fact. You should anticipate the possible defence of the charged officer and be ready to cross-examine the defence witnesses, duly acquainting your-self with their antecedents. You should try your best to disprove the facts deposed by defence witnesses or raise doubts about their credibility. If any of your witnesses is not co-operation or changes his earlier stand you have a right to request the Inquiry Officer to permit you to cross-examine that witness. As you have studied the case fully and taken the proceedings seriously you should be in a position to argue it out at the completion of the hearing. Do not ask for time for giving a brief. Remember the points which are generally raised by the defence, viz., mala fides, natural justice and burden of proof. Equip yourself fully how to meet them. A public servant apart from following the rules, regulations and directions, is expected to maintain a certain standard of good conduct in his official as well as private life. Every civil servant should maintain a standard of integrity, honestly and conduct. When he fails to maintain them he commits misconduct exposing himself for action under the rules. He would often take shelter by pleading absence of mala fides or malice. Discussion on this point at Paragraphs 9.8 to 9.10 of the Digest may be gone through. A public servant has to act in good faith. If there is a doubt, it is his duty to explain how in spite of his due care and attention, something has gone wrong. His conduct should have been reasonable, fair and just. If he had discretionary powers, the use of such discretion should be judged on what a prudent person would have done in the circumstances. Though natural justice has not been defined in any rules, its concept is fairly crystallized through judicial pronouncements and covers three important principles:(i) right to be heard; (ii) no person can be a judge in his own cause; and (iii) justice should not only be done, but should be seen to be done. Where there are no specific provisions in the rules, either party has a right to fair hearing, unbiased judgment and clear speaking order.

17.

18. 19.

20.

21. 22. 23.

24. 25.

26.

27.

66

28.

As regards standard of proof, it has been held that the technicalities of Criminal Law cannot be invoked in disciplinary proceedings and the strict mode of proof prescribed by the Evidence Act may not be applied with equal vigour. It is not a criminal case and the standard of proof required is that of preponderance of probability and not proof beyond reasonable doubt. It should, however, be ensured that mere suspicion should never be allowed to take the place of proof. As the enquiry proceeds, take down notes so that you do not leave out points to be covered during cross-examination/re-examination. This will also help you in preparing the brief at the end. Though the rule provides for the hearing of both the sides at the end, lest any salient points should be left out to be covered in oral argument or left inadvertently to be noted by the Inquiry Officer for consideration, it would always be preferable you seek permission to present written brief. The written brief should be crisp and not verbose. Even at the first reading of your brief, the Inquiring Officer should be impressed with your case and about the hollowness of the defence. As you are to file your brief first giving a copy of the same to the other side and you do not have an opportunity to answer the arguments contained in the brief of the defence, please ensure that you not only properly canvass the evidence appearing against the Government servant, but also try to meet the possible line of defence and arguments of the other side, anticipating them from the proceedings so far. Throughout the conduct of inquiry you should conduct yourself in such a manner that the accused officer will have no reason to feel that you have any undue influence over the inquiring authority. After all, you have done your job and that too well.

29.

30.

31.

32.

33.

INSTRUCTIONS FOR THE DEFENCE ASSISTANT 94. 1. The facility of having an assistant to defend one in trouble, provided in the rules, is really a boon. This forms part of the reasonable opportunity enshrined in the Constitution (Article 311) to a Civil servant. If not properly used, this itself may land the Government servant in more troubles than relieving him from them. The charged officer himself in some cases may have sufficient experience in the intricacies of the disciplinary rules, procedure, evidence, etc. But once he is himself in the dock, he is seldom fit for the job. Better he opts to have an assistant. A person with an open mind and thorough with the departmental rules, regulations and with a fair knowledge of examination of witnesses is criminal trials would be an ideal assistant. Previous experience as a Defence Assistant would be an added advantage. The task as a Defence Assistant is not a rosy one. It is distinct from that of a Presenting Officer. While the Presenting Officer does not lose anything if he does not succeed in his case, the Defence Assistant will be feeling bad if he fails to extricate the Government servant from his involvement. Once you undertake the job as Defence Assistant, your responsibility is great. Your work requires considerable diligence and planning. Having given acceptance to serve as Defence Assistant, do not wait for the hearing for knowing the facts of the case. Get all the papers available with the

2.

3.

4.

67 delinquent without any loss of time. Study them and in consultation with the delinquent act quickly in applying for additional documents required. Equip completely with all the records relating to the case. 5. From a study of the copy of the articles of charge and the statement of imputations of misconduct and misbehaviour already served on the Government servant, you will be in a position to know in advance about the plan of the Presenting Officer. As and when the chief examination is on, note down the points for clarification at the cross examination. Frame the questions for cross examination sufficiently in advance. Have a mock hearing by yourself trying to answer the questions set for cross- examination. Do not put too many questions to the Presenting Officers witness. As a shrewd witness may effectively answer them al against your client, better not to put unnecessary questions and to give room for adverse inference against your client who is already in trouble. Para 94 It is better you put suggestive questions so that your possible line of defence is somewhat laid even during the examination of witnesses of the Presenting Officer. Do not wait till the examination of Defence witnesses for building your defence. A reply in your clients favour to the question put in the crossexamination to a departmental witness, has a unique advantage. Any amount of statements from the mouth of the Defence witnesses may not be any help unless they are believed. While they may be brushed aside by one stroke as being interested the same kind of treatment cannot be meted out to statements made by departmental witnesses examined during cross-examination. Do not obstruct or hinder the proceedings. It will create a bad impression in the mind of the Inquiring Officer any may often prejudice your clients case. The impression created in the mind of the Inquiry Officer is important. You should aim at gaining his confidence and sympathy and to avoid putting questions unsavoury to him. Policy of bold assertion of rights and at the same time politeness in manners, should be diligently followed. Extend the fullest cooperation to the Inquiring Officer. You will be gaining a lot for your client. Do not clash with the Presenting Officer, except on technical flaws or on points which may prejudice the interests of your client. Do not raise frivolous objections. At the same time do not fail to achieve valid points, which will go a long way in easing the position against your client. During the presentation of the departments case, your handling of the case should be such that the other side finds it difficult to build the case against your client. Do not allow the noose to be put around your clients neck. Your attempt and attention should always be to loosen the knot against your client and to prove that the department has not proved the case to the hilt or even beyond reasonable doubt. See that during the cross examination of departmental witnesses enough doubts are created in their statement, so that your can claim the full benefit therefore. It should be possible for you to argue that even if the preponderance of evidence is against your client, he had acted bona fide, without any deliberate intent.

6. 7.

8.

9.

10. 11. 12.

13. 14.

68 15. It is generally said that an accused is convicted or acquitted not because he has or has not committed the offence he is charged with, but because of his inability or ability to engage an able lawyer. Your ability is at TEST.

69 Appendix A Precis No. 1506 (Refer para 90) CONFIDENTIAL

STANDARD FORM OF MEMORANDUM OF CHARGE FOR IMPOSING MINOR PENALTIES (RULE 16 OF CCS (CC&A) RULES 1965

No.

MEMORANDUM 1. No Shri .. Designation ..(office in A statement of

which working). Is hereby informed that it is proposed to take action against him under Rule 16 of CCS(CC&A) Rules 1965. be taken as mentioned above, is enclosed. 2. No . Shri . Is hereby given an opportunity to make imputations of mis-conduct or mis-behavior on which action is proposed to

such representation as he may wish to make against the proposal. 3. If No Shri .. fails to submit his representation within 10

days of the receipt of this Memorandum it will be presumed that he has no representation to make and orders will be liable to be passed against No Shri ex-party. 4. The receipt of this Memorandum should be acknowledged by NO ..

Shri .

70

Appendix B Precis No. 1506 (Refer to para 90) CONFIDENTIAL STANDARD FORM OF CHARGE SHEET FOR MAJOR PENALTIES. (RULE 14 OF THE CCS (CC&A) RULE 1965) TELEPHONE : No. MEMORANDUM 1. The Undersigned proposes to hold an inquiry against No .. under rule 14 of the Central Civil Services (Classification, Control and Appeal) Rule 1965. The substance of the imputations of misconduct or misbehavior in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure I). A statement of the imputations of mis-conduct or mis-behavior in support of each articles of charge is enclosed (Annexure II). A list of documents by which and a list of witnesses by whom the articles of charges are proposed to sustained are also enclosed (Annexure III and IV). 2. No .. is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should therefore, specifically admit or deny each article of charge. 4. No .. is further informed that if he does not submit his written statement of defence on or before the date specified in para 2 above, or does not appear in person before the inquiring authority or other wise fails or refuses to comply with the provision of Rule 14 of the CCS (CC&A) Rules 1965 of the orders/directions issued in pursuance of the said rules, the inquiring authority may hold the inquiry against him exparte. 5. Attention of No ..Shri is invited to Rule 20 of the Central Civil Services (Conduct) Rules 1964 under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings it will be presumed that No .. Shri . Is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of the Central Civil Services (Conduct) Rules 1964. 6. To Shri.. The receipt of this Memorandum may be acknowledged.

71 Appendix C Precis No 1506 Refer Para 90 CONFIDENTIAL STANDARD FORM OF ORDER RELATING TO APPOINTMENT OF INQUIRY OFFICER ( RULE 14(2) OF CCS(CCA) RULES,1965) TELEPHONE Office of No. ORDER

1. WHEREAS an inquiry under rule 14 of the Central Civil Service (Classification, Control and Appeal) Rules 1965 is being held against No.(Name and designation of Govt. servant facing enquiry.) 2. AND WHEREAS the undersigned considers that an Inquiry Officer should be appointed to inquire into the charges framed against the said Shri . 3. NOW, therefore, the undersigned in exercise of the powers conferred by sub rule (2) of the said rule, hereby appoints Shri.as Inquiry officer to inquire into the charges framed against the said No Shri. To Shri(Name and designation of Govt servant) Copy to: Shri (Name and designation of the Inquiry Officer) (Please note that in accordance with sub-rule (8) of rule 14 of CCS (CC&A) Rules 1965 you may take the assistance of another Govt Servant to defend your case in the inquiry if so desired. For this purpose a panel of three names in order of preference with their willingness to act at Defence Assistant, may be given to the Inquiry officer to facilitate progress/finalisation of the inquiry. However, please note that you will not take the assistance of any Govt Servant who has two pending disciplinary cases on hand in which he has to give assistance. Oral inquiry proceedings may please be submitted to this office in quadruplicate. This inquiry report should cover the details as per sub paras(i) to (xiv) on pages 6 and 7 of the Notes on the procedure to be followed in the case of disciplinary proceedings instituted against civilian personnel. Relevant documents viz charge memo and defence statement together with a copy of DOs and DONTs as per the attached list are enclosed, which may please be returned alongwith the inquiry report.

72 The delinquent Officer should be asked if he desires assistance of another Govt servant to defend the case. Answer to this question should be rendered in the proceedings. The delinquent official should also be given opportunity for cross examining witnesses, if any, and this fact recorded in the proceedings.) Encls : CONFIDENTIAL

73 Appendix D Precis No 1506 (Refer para 90) CONFIDENTIAL TELEPHONE : ORDER 1. and WHREAS an inquiry under rule 14 of the Central Civil Services Appeal) Rules 1965 is being held against

(Classification, Control .. 2. AND WHEREAS against the Shri NOW, therefore, the undersigned in exercise of the power conferred by (5) (c) of the said rule hereby appoints . has been appointed as an Inquiry officer to inquire into the charges framed said . 3. sub-rule

As presenting Officer in the above case.

CONFIDENTIAL

Appx A 1 Standard form of order of suspension (Rule 10 (1), CCS (CCA) Rules) (Read carefully Instruction (12) in Chapter 3 before commencing to use this Form 1 No. Govt of India Ministry of. Dated.)

(Place of issue

74 ORDER Whereas a disciplinary proceeding against Shri.. (name and designation of the Government servant) is contemplated/pending. Whereas a case against Shri. (name and designation of the Government servant) in respect of a criminal offence is under investigation/inquiry/trail.

Now, therefore, the President/the undersigned (the Appointing Authority or an authority to which it is subordinate or any other authority empowered by the President in that behalf), in exercise of the powers conferred by sub-rule (1) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, hereby places the said Shriunder suspension with immediate effect. It is further ordered that during the period that this order shall remain in force the headquarters of Shri.(name and designation of Government servant) should be .(name of the place) and the said Shri.shall not leave the headquarters without obtaining the previous permission of the undersigned.
1

(By order and in the name of the President) Signature2 Name and Designation of the suspending authority Where the order is expressed to be made in the name of President. The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate the orders on behalf of the President or the other competent officer passing the order 1. Copy of Shri(name and designation of the suspended officer). Orders regarding subsistence allowance admissible to him during the period of his suspension will issue separately. 2. Copy to Shri.(name and designation of the appointing authority) for information. 3. Copy to Shri(name and designation of the lending authority) for information. 4. The circumstances in which the order of suspension was made are as follows:(Here give details of the case and reasons for suspension). NOTE: Paragraphs 2 to 4 should not be inserted in the copy of the order of suspension sent to the officer to be suspended. (G.I., M.H.A., O.M. No 234/18/65-AVD (II), dated 5the March, 1966. ) Appx B 2 Standard form of certificate to be furnished by the Suspended official under FR 53 (2) I,(name of Government servant) having been placed under suspension by order No, dated, while holding the post of ..do hereby certify that I have not been employed in any business, profession or vocation for profit/remuneration/salary. Signature Name of Government servant Address 1. 2.

75

(G.I., M.H.A., O.M. No 234/18/65-AVD (II), dated 5the March, 1966. )

Appx C 3 Order placing an officer under suspension when he is detained in custody (Rule 10 (2) of CCS (CCA) Rules, 1965) No. Government of India Ministry of. Dated..) ORDER WHEREAS a case against Shri (name and designation of the Government servant) in respect of a criminal offence is under investigation. AND WHEREAS the said Shriwas detained for a period exceeding forty-eight hourse. in custody on

(Place of issue.

NOW, THEREFORE, the said Shri. Is deemed to have been suspended with effect from the date of detention, i.e., the .in terms of sub-rule (2) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and shall remain under suspension until further orders. (Signature).. (Designation of the suspending authority..

76 Appx D 4 Standard form of order for holding departmental enquiry on appeal being decided in favour of the Government servant No. Govt of India Ministry of.. Dated.. ORDER WHEREAS Shri (here enter name and designation of the Government servant) was dismissed/removed/compulsorily retired from service with effect from (here enter the date of dismissal/removal or compulsory retirement) on the ground of conduct which led to his conviction on a criminal charge; OR WHEREAS the penalty of (name of the penalty imposed) was imposed on Shri (here enter the name and designation of the Government servant) on the ground of conduct which led to his conviction on a criminal charge; AND WHEREAS the said conviction has been set aside by a competent Court of Law and the said Shri (here enter name and designation of the Government servant) has been acquitted of the said charge; AND WHEREAS in consequence of such acquittal the President/undersigned has decided that the said order of dismissal/removal/compulsory retirement/imposing the penalty of (here enter the name of the penalty) should be set aside; AND WHEREAS the President/undersigned on a consideration of the circumstances of the case has also decided that a further inquiry should be held under the provisions of CCS (CCA) Rules, 1965, against the said Shri (here enter the name and designation of the Government servant) on the allegations which led to his dismissal/removal/compulsory retirement from service/the imposing of the penalty of (here enter the name of penalty imposed). NOW, THEREFORE, the President/undersigned hereby (i) (ii) set aside the said order of dismissal/removal/compulsory retirement from service/imposing the penalty of (here enter the name of the penalty imposed). directs that a further enquiry should be held under the provisions of the CCS (CCA) Rules, 1965, against Shri.(here enter the name of the Government servant) on the allegations which led to his dismissal/removal/compulsory retirement from service the imposing of the penalty of (here enter the name of the penalty imposed). directs that the said Shri.. (here enter the name of the Government servant) shall, under sub-rule (4) of Rule 10 of the CCS (CCA) Rules, 1965, be deemed to have been placed under suspension with effect from (here enter the date of the dismissal or removal or compulsory retirement from service), and shall continue to remain under suspension until further orders. Disciplinary Authority

(iii)

Station: Date

77 Appx E 5 Standard form of order for revocation of suspension order (Rule 10 (5) (c), CCS (CCA) Rules ) No. Government of India Ministry of. Dated..) ORDER Whereas an order placing Shri..(name and designation of the Government servant) under suspension was made/was deemed to have been made by .. on Now, therefore, the President/the undersigned (the authority which made or is deemed to have made the order of suspension or any authority to which that authority is subordinate) in exercise of the powers conferred by Clause (c) of sub-rule (5) of Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, hereby revokes the said order of suspension with immediate effect. (By order and in the name of the President) Signature2 Name and designation of the authority making this order 1. 2. For cases involving dismissal/removal/compulsory retirement only (See Para. 3(c) of Instruction (8) below Rule 19.) To be signed by an officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President, if the order is expressed to be made in the name of the President. SWAMYS CCS (CCA) RULES 1. 2. 3. 4. 5. Copy to Shri..(name and designation of the suspended officer). Copy to Shri(name and designation of the appointing authority) for information. Copy to Shri.(name and designation of the lending authority making the order of suspension). Copy to Shri (name and designation of the authority making the order of suspension). The reasons for revoking the order of suspension are as follows:NOTE 1. Endorsement as in Para. 2 should be made where the order of revocation of suspension is made by an authority lower than the Appointing Authority. NOTE 2. Endorsement as in para 3 should be made where the order of suspension has been made against a Borrowed Officer.

(Place of issue.

78 NOTE 3 Endorsement as in para 4 should be made where the order of revocation of suspension is made by an authority other than the authority which made or is deemed to have made, the order of suspension. NOTE 4 Para 5 should be inserted only if an endorsement as in Paras 2,3, or 4 is made. NOTE 5 Paras 2 to 5 should not be inserted in the copy sent to the suspended officer. (G.I., M.H>A., O.M. No 234/18/65-AVD, dated the 13th January, 1966.)

Appx F 6 Standard form of charge-sheet for major penalties (Rule 14 of CCS (CCA) Rules ) No. Government of India Ministry of Dated MEMORANDUM The President/undersigned proposes to hold an inquiry against Shri. Under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965. The substance of the imputations of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of articles of charge (Annexure-I). A statement of the imputations of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which, and a list of witnesses by whom, the articles of charge are proposed to be sustained are also enclosed (Annexures III and IV). 2. Shri. Is directed to submit within 10 days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge. 4. Shri is further informed that if he does not submit his written statement of defence on or before the date specified in Para 2 above, or does not appear in person before the inquiring authority or otherwise fails or refuses to comply with the provisions of Rule 14 of the CCS (CCA) Rules, 1965, or the orders/directions issued in pursuance of the said rule, the inquiring authority may hold the inquiry against him ex parte. 5. Attention of Shri. Is invited to Rule 20 of the Central Civil Services (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interest in respect of matters pertaining to his service under the Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings it will be presumed that Shri..is aware of such a representation and shall it has been made at his instance and action will be taken against him for violation of Rule 20 of the CCS (Conduct) Rules, 1964. 6. The receipt of the Memorandum may be acknowledged.
1

(By order and in the name of the President)

79 2 Name and designation of Competent Authority To Shri.

3

ANNEXURE-I

Statement of articles of charge framed against Shri (name and designation of the Government servant). 1. Where the President is the disciplinary authority.

2. The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President or the disciplinary authority, as the case may be. 3. Ministry of Law have advised that these annexures need not be signed by the disciplinary authority. (G.I., M.H.A., O.M. No 234/18/65, AVD (II) dated the 5th March, 1966.) Article I That the said Shri.. while functioning as during the period.. Article II That during the aforesaid period and while functioning in the aforesaid office, the said Shri . Article III That during the aforesaid period and while functioning in the aforesaid office, the said Shri ..
1

ANNEXURE II

Statement of imputation of misconduct or misbehaviour in support of the articles of charge framed against Shri (name and designation of the Government servant). Article I Article II Article III
1

ANNEXURE III

List of documents by which the articles of charge framed against Shri .. (name and designation of Government servant) are proposed to be sustained.

80
1

ANNEXURE IV

List of witness by whom the articles of charge framed against Shri (name and designation of the Government servant) are proposed to be sustained. Appx G 7 Standard form of order relating to appointment of Board of Inquiry (Rule 14 (2) of CCS (CCA) Rules, 1965) No Government of India Ministry of .. Dated

(Place of issue

1. Ministry of Law have advised that these annexures need not be signed by the disciplinary authority. (G.I., M.H.A, O.M. No 234/18/65, AVD (II), dated the 5th March, 1966.) ORDER WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri .. (name and designation of the Government servant). AND WHEREAS the President/the undersigned considers that the Inquiry should be appointed to inquired into the charges framed against the said Shri NOW, THEREFORE, the President/the undersigned conferred by sub rule (2) of the said rule, hereby appears. A Board of Inquiry consisting of: 1. 2. 3. (Here enter name and designation of Member of the Board of Inquiry)
1

be considers that the powers

(By order and in the name of the President) Signature Designation of the Competent authority

Copy to (name and designation of the Government servant). Copy to (name and designation of the Member of the Board of Inquiry).
2

Copy to (name and designation of the lending authority) for information.

81

Appx H 8 Standard form of order relating to appointment of Inquiring Authority (Rule 14 (2) of CCS (CCA) Rules, 1965.) No Government of India Ministry of.. Dated..

(Place of issue

WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri (name and designation of the Government servant). AND WHEREAS the President/the undersigned considers that an Inquiring Authority should be appointed to inquire into the charges framed against the said Shri . 1. In case where the order is expressed to be made in the name of the President.

2. To be used wherever applicable. Not to be inserted in the copy sent to the Government servant. NOW, THEREFORE, the President/the undersigned, in exercise of the powers conferred by sub rule (2) of the said rule, hereby appoints Shri (name and designation of the Inquiring Officer) as the Inquiring Authority to inquire into the charges framed against the said Shri.
1

(By order and in the name of the President) Signature Designation of the Competent Authority

Copy to:1. 2. 3. Name and designation of the Government servant. Name and designation of Inquiring Authority. Name and designation of the lending authority, where necessary,for information.2

82 Appx J 10 Standard form of the order relating to the appointment of Presenting Officer (Rule 14 (5) (c) I No. Government of India Ministry of. Dated..) ORDER WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against Shri. (name and designation of the accused officer). AND WHEREAS the 2President/undersigned considers that a Presenting Officer should be appointed to present on behalf of the 2President/undersigned the case in support of the articles of charge. NOW, THEREFORE, the 2President/undersigned in exercise of the powers conferred by sub rule (5) (c) of Rule 14 of the said rules, hereby appoints Shri (name and designation of Presenting Officer) as the Presenting Officer.
3

(Place of issue..

(By order and in the name of the President) Disciplinary Authority/2Authority competent to authenticate order in the name of President Copy to:1. 2. 3. 1. 2. 3. 4. The Presenting Officer. The Accused Officer The Inquiry Officer. In cases where the order is expressed to be made in the name of the President. Delete where not applicable. In cases where the order is expressed to be in the name of the President. Copy for information and necessary action to the CBI with reference to their letter No, dated.. Disciplinary Authority/2 Authority competent to authenticate order in the name of President

83 Appx K 11 Standard form of memorandum of charge for minor penalties (Rule 16 of CCS (CCA) Rules, 1965.) No Government of India Ministry/Officer of.. Dated MEMORANDUM Shri.(Designation). (Office in which working) ..is hereby informed that it is proposed to take action against him under Rule 16 of CCS (CCA) Rules, 1965. A statement of the imputations of misconduct or misbehaviour on which action is proposed to be taken as mentioned above is enclosed. 2. Shri.. is hereby given an opportunity to make such representation as he may wish to make against the proposal. 3. If Shri. Fails to submit his representation within 10 days of the receipt of this Memorandum, it will be presumed that he has no representation to make and orders will be liable to be passed against Shri ex parte. 4. The receipt of this Memorandum should be acknowledged by Shri . (By order and in the name of the President) 4 Signature Name and designation of Competent Authority To Shri. 1. 2. 3. 4. To be used where applicable. Not to be inserted in the copy sent to the accused officer. Delete where not applicable. Where the President is the disciplinary authority. The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President or the disciplinary authority, as the case may be.
3

84 Appx L 12 Standard form for initiation of minor penalty proceedings (in cases where disciplinary authority decides to hold the inquiry) (Rule 16 of CCS (CCA) Rules, 1965). No Government of India Department/Office Dated. MEMORANDUM In continuation of Memorandum No dated.issued under Rule 16 of the CCS (CCA) Rules, 1965, the President/undersigned is of the opinion that it is necessary to hold an enquiry against Shri.. under Rule 16 (I) (b) of the CCS (CCA) Rules, 1965. The sub stance of the imputation of misconduct or misbehaviour in respect of which the inquiry is proposed to be held is set out in the enclosed statement of article of charge (Annexure-I). A statement of the imputation of misconduct or misbehaviour in support of each article of charge is enclosed (Annexure-II). A list of documents by which and a list of witnesses by whom the articles of charge are proposed to be sustained are also enclosed (Annexure-III and IV). 2. Shri. Is directed to submit within ten days of the receipt of this Memorandum a written statement of his defence and also to state whether he desires to be heard in person. 3. He is informed that an inquiry will be held only in respect of those articles of charge as are not admitted. He should, therefore, specifically admit or deny each article of charge. 4. Shri. Is further informed that if he does not submit his written statement of defence on or before the date specified in Para 2 above, or does not appear in person before the Inquiring Authorities or otherwise fails or refuses to comply with the provisions of Rules 14 and 16 of the CCS (CCA) Rules, 1965 or the orders/directions issued in pursuance of the said Rule, the Inquiring Authority may hold the inquiry against him ex parte. 5. Attention of Shri. Is invited to Rule 20 of the CCS (Conduct) Rules, 1964, under which no Government servant shall bring or attempt to bring any political or outside influence to bear upon any superior authority to further his interests in respect of matters pertaining to his service under Government. If any representation is received on his behalf from another person in respect of any matter dealt with in these proceedings, it will be presumed that Shri is aware of such a representation and that it has been made at his instance and action will be taken against him for violation of Rule 20 of CCS (Conduct) Rules, 1964. 6. The receipt of this Memorandum may be acknowledged. 1 (By order and in the name of the President) 2 Signature Name and designation of Competent Authority Shri. .. (Note Annexures I to IV is in item 6.)

To

85 Appx. M 13 Standard form of order for taking disciplinary action in Common Proceedings (Rule 18 of CCS (CCA), 1965) No. Government of India Ministry of . Dated ORDER WHEREAS the Government servants specified below are jointly concerned in a disciplinary case. Shri.. Shri. Shri NOW, THEREFORE, in exercise of the powers, conferred by sub rules (1) and (2) of Rule 18, Central Civil Services (CCA) Rules, 1965, the President/the undersigned hereby directs:(i) that disciplinary action against all the said Government servants shall be taken in a common proceedings. (ii) that..(name and designation of the authority) shall function as the Disciplinary Authority for the purpose of the Where the President is the disciplinary authority. The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President or the disciplinary authority, as the case may be. The authority competent to impose the penalty of dismissal from service on all such Government servants or if they are different, the highest of such authorities with the consent of others, See Rule 18 (1). See Rule 18 (2) (i)
3

1. 2. 3. 4.

Common proceeding and shall be competent to impose the following penalties, namely:1 (Here specify the penalties)
2

(iii) that the procedure prescribed in Rules 3 14, 15 and 16 shall be followed in the said proceedings. 4 (By order and in the name of the President) Signature5 Name and designation of the Competent Authority Copy to:1. 2. 3. Shri. (Name and Designation) Shri. (Name and Designation) Shri. (Name and Designation)

86 Appx N 14 Standard form of order for appointment of Inquiring Authority in Common Proceedings (Rules 18 of CCS (CCA) Rules, 1965) No. Government of India Ministry of. Dated.. ORDER WHEREAS in inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against the officers specified below:Shri Shri Shri Shri Shri 1. 2. 3. 4. 5. See Rule 18 (2) (ii). See Rule 18 (2) (iii). Score out the portion not applicable. Where the order is expressed to be made in the name of the President. The officer in the appropriate Ministry/Department authorized under Article 77 (2) of the Constitution to authenticate orders on behalf of the President, or other competent authority under Rule 18 (1). WHEREAS common proceedings have been ordered against the said officers. AND WHEREAS the President/the undersigned considers that the Inquiring Authority should be appointed to inquire into the charges framed against the said Officers. NOW, THEREFORE, the President/the undersigned in exercise of the powers conferred by the sub rule (2) of the said rule hereby appoints Shri. (name and designation of the Inquiry Officer) as the Inquiring Authority to inquire into the charges framed against the said officers.
1

By order and in the name of the President/ Disciplinary Authority/Authority competent to authenticate order in the name of the President2 Copy to:1. 2. 3. 2 4. The accused officers. Presenting Officer Inquiring Authority with the relevant documents. The Central Vigilance Commission. Disciplinary Authority/Authority competent to authenticate order in the name of the President2

87 Appx O 15 Standard form of order for appointment of Presenting Officer in Common Proceedings (Rule 18 of CCS (CCA) Rules, 1965) No. Government of India Ministry of.. Department of Dated the ORDER WHEREAS an inquiry under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, is being held against the officers specified below:Shri. Shri. 1. 2. Delete where not applicable. To be used where applicable. Not to be inserted in the copy sent to the accused officer. Shri.. Shri. WHEREAS common proceedings have been ordered against the officers. AND WHEREAS the President/undersigned considers it necessary to appoint a Presenting Officer to present the case in support of the articles of charge against the said officers before the Inquiring Authority. NOW, THEREFORE, the President/undersigned in exercise of the powers conferred by sub rule (5) (c) of the said rule, hereby appoints Shri (name and designation of the Presenting Officer) as Presenting Officer to present the case in support of the articles of charge against the said Officers before the Inquiring Authority.
1

By order and in the name of the President Disciplinary Authority 1 Authority competent to authenticate order in the name of the President Copy to:1. 2 2. 2 3. 4. 5. The Accused Officers. Central Bureau of Investigation Central Vigilance Commission. Inquiring Authority Presenting Officer.
1

Disciplinary Authority Authority competent to authenticate order in the name of the President

88

Appx P 16 Standard form of show cause notice for imposing penalty to be issued on the Government servant on his conviction (Rule 19 of CCS (CCA) Rules, 1965) No. Government of India Ministry of.. Dated.. WHEREAS Shri (here enter name and designation of the Government servant) has been convicted on a criminal charge under section (here enter the section or sections under which the Government servant was convicted) 1. 2. Delete where not applicable. To be used where applicable. Not to be inserted in the copy sent to the accused officer.

of (here enter the name of the statute concerned) and has been awarded a sentence of (here enter the sentence awarded by the Court). AND WHEREAS the undersigned proposes to award an appropriate penalty under Rule 19 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, taking into account the gravity of the criminal charges; AND WHEREAS before coming to a decision about the quantum of penalty Shri (here enter name of the convicted official) was given an opportunity to personal hearing to explain the circumstances why penal action should not be taken against him in pursuance of the provisions of Rule 19 ibid; AND WHEREAS on a careful consideration of the inquiry report 1 (copy enclosed), the President/undersigned has provisionally come to the conclusion that Shri (here enter the name of the official) is not a fit person to be retained in service/the gravity of the charge is such as to warrant the imposition of a major/minor penalty and accordingly proposes to impose on him the penalty of (here enter the proposed penalty); NOW, THEREFORE, Shri (here enter the name of the official) is hereby given an opportunity of making representation on the penalty proposed above. Any representation which he may wish to make against the penalty proposed will be considered by the undersigned. Such a representation, if any, should be made in writing and submitted so as to reach the undersigned not later than fifteen days from the date of receipt of this memorandum by Shri (here enter name of the government servant). The receipt of this Memorandum should be acknowledged. (Name and designation of the Competent Authority) NOTE: In the above form, portions not required should be struck out according to the circumstances of each case.

89 Appx Q 17 Form of order for imposing penalty on the Government servant on his conviction No. Government of India Ministry of Dated. ORDER WHEREAS Shri (here enter name and designation of the Government servant) has been convicted on a criminal charge under section (here enter the section or sections under which the Government servant was convicted) of (here enter the name of the statute concerned). 1. See Instructions below Rule 19.

AND WHEREAS it is considered that the conduct of the said Shri (here enter the name and designation of the Government servant) which has led to his conviction is such as to render his further retention in the public service undesirable/ the gravity of the charge is such as to warrant the imposition of a major/minor penalty; AND WHEREAS Shri (here enter name of the official) was given an opportunity of personal hearing and offer his written explanation; AND WHEREAS the said Shri (here enter name of the official) has given a written explanation which has been duly considered by the President/undersigned; NOW, THEREFORE, in exercise of the powers conferred by Rule 19 (i) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and in consultation with the Union Public Service Commission, the President/undersigned hereby dismisses/removes the said Shri (here enter the name and designation of the Government servant) from service or directs that the said Shri (here enter the name and designation of the Government servant) shall be compulsorily retired from service with effect from (here enter date of dismissal/removal/compulsory retirement)/imposes the penalty of (here enter the penalty). Station Date: Disciplinary Authority

NOTE: In the above form, portions not required should be struck out according to the circumstances of each case.

90 Appx R 18 Standard form of order for setting aside order of punishment on appeal being decided in favour of the Government servant No. Government of India Ministry of.. Dated.. ORDER WHEREAS Shri (here enter the name and designation of the Government servant) was dismissed/removal/compulsorily retired from service with effect from (here enter the date of dismissal/compulsory retirement) on the ground of conduct which led to his conviction on a criminal charge; OR WHEREAS the penalty of (here enter the name of the penalty) was imposed on Shri (here enter the name and designation of the Government servant) on the ground of conduct which led to his conviction on a criminal charge; AND WHEREAS the said conviction has been set aside by a competent Court of Law and the said Shri (here enter the name and designation of the Government servant) has been acquitted of the said charge; NOW, THEREFORE, the President/undersigned hereby sets aside the order of dismissal/removal/compulsory retirement from service/imposing the penalty of (name of the penalty imposed). Station: Date: Disciplinary Authority

91 Appx S 19 Form for summoning public servant/private individual as witness No. Government of India Ministry of Dated)

(Place of issue. To Sir,

I am the Inquiring Authority in the proceedings against Shri. Your evidence is considered material. I request you to appear before me on.at .. (time and place). You are/are not likely to required to stay at the place for more than a day. Yours faithfully, (Inquiring Officer) Copy to. With the request to permit the official mentioned above to attend the enquiry on these dates. (Inquiring Officer)
1

Appx T 20 Form of certificate by Inquiry Officer for witness This is to certify that Shri (name, designation, officer, etc) appeared before me as a witness on at (place)in the departmental inquiry against Shri (name, designation, etc) and was discharged on.at (time). 1. Endorsement necessary only in the case of summons to Public servants and not to individuals. Nothing has been paid to him on account of his traveling and other expenses. Place: Date: (Signature) (Disciplinary Authority/Board of Inquiry)

Copy forwarded for information to.. Secretary to the Government of. Department.

92 Appx U 21 Form of Certificate by Inquiry Officer to the Presenting Officer/Defence Account This is to certify that Shri (name, designation, office, etc), attended the proceedings in the departmental inquiry against Shri (name, designation etc) to present the case in support of the charges/to assist the said Shri (name).in presenting his case on.at (place) . Nothing has been paid to him on account of his traveling and other expenses. Place: Date: (Signature) Disciplinary Authority/ Board of Inquiry Inquiry Officer

Copy forwarded for information to the Ministry of/Department of.

93 Appendix E (Precis No. 1506) (Refers Para 19) CENTRAL CIVIL SERVICES (CLASSIFICATION CONTROL AND APPEAL) RULE 1965 Authorities empowered by the President to impose penalties specified in sub rule (i) to (ix) of Rule 11 CCS(CC&A) Rules 1965. Ser No (1) 1. Description of Service/Post (2) All Group C Posts including office Supdt Gde 1 and Asstt. Authority competent to impose penalties and the penalties it may impose Authority (3) (a) CE Command (b) Comdt CME (c) Comdt Engr Gp and Centres (d) Officer i/c Records Engr Gp and Centre (e) CE Zone (f) CE Project/ACE(P) (g) CWE/Cmdr HQ Wks Engr (h) OC ESD (Lt Col) (j) Col Adm (CME) (k) OC Unit (Lt Col) (a) CWE/Comdr HQ Works Engr (b) OC ESD (Lt Col) (c) Col Adm (CME) (d) OC Unit (Lt Col) (e) GE/OC Works Section (Maj/EE) Panalties (4) All All All Engineer-in-Chief CE Command (g) CE Zone/CE(P) (h) CE Command (j) Comdt CME (k) CE Command (a) Ce Zone/CE(P) (b) CE Command (c) Comdt CME (d) CE Command (e) CWE/Comdr Works Engr. (a) CWE/Comdr Works Engr for minor penalties mentioned at (i) to (iv) Appellate Authority (5)

(i) to (iv) All (i) to (iv) All

2.

3.

Group C Posts maximum of whose pay in time scale does not exceed Rs 2300/- p.m. in the Schedule to CDS (Revised pay) Rule 86, except office Supdts. (Gde 2 and 1 Group C Post maximum of (a) GE/OC Works Section (Maj/EE) whose pay in the time scale does not exceed Rs 1540/- p.m. in the

94 Schedule the CDS (Revised pay) Rules 1986 (b) CE Zone/CE(P) for major penalties i.e.

Ser No (1)

Description of Service/Post

Authority

competent

to

impose Penalties

Appellate Authority

penalties and the penalties it may (2) impose Authority (3) (4) (5)

Group D Posts 1. All Group D Posts under E-in-C (a) CE Command (b) Comdt CME (c) Cmdt Engr GP and Centre All (d) Officer i/c Records Engr Gp and Centre All (e) CE Zone (f) CE Project/ACE(P) All (g) CWE/Comdr HQ Works Engrs All (h) OC ESD (Lt Col) All (j) Col Adm (CME) All (k) OC Unit (Lt Col) All (l) GE/OC Works Sec (Maj/EE) All

Engineer-in-Chief CE Command (g) CE Zone/CE Project. (h) CE Command (j) Comdt CME (k) CE Command Major penalties i.e., penalties mentioned at (v) to (ix) Ce Zone/CE Project Minor penalties i.e., penalties mentioned at (i) to (iv) CWE/Comdr Works Engr CE Command

All (m) OC ESD (Maj)

95

(G of I, Min of Def Order No 5(14)/79/D (Lab) dt 16 Aug 1979 and 4/4/88 D (Lab), dated 20 June 88.

96 Precis No 1507 Management school LEAVE: CIVILIANS Introduction 1. 2. Each organization allows certain amount of leave to its establishment. Leave is granted for recreation, on private affairs and on medical grounds. This prcis deals with the conditions under which leave is granted, various kinds of leave admissible to different classes of establishments, calculation and accumulation of leave and leave salary. Leave cannot be claimed as a matter of right. When exigencies of public service so require, leave of any kind may be refused or revoked by the Competent authority, but it shall not be open to that authority to alter the kind of leave due and applied for except at the written request of the Govt. servant. (CCS (Leave) Rules, 72, Rule

3.

Effect of Dismissal, Removal or Resignation on Leave at Credit 4. Any claim to leave to the credit of Govt. servant, who is dismissed, or removed or who resigns from Govt. service, ceases from the date of such removal, dismissal or resignation except that :(a) Where the services of a Govt. servant not in permanent employment, is terminated by notice or by payment of pay and allowances in lieu of notice or otherwise in accordance with the terms and conditions of his appointment he may be granted earned leave to his credit, subject to a maximum of 300 days, even though such leave extends beyond the date he ceases to be in service. If he himself resigns, he may be granted leave to the extent of half the credit. Where a Govt. servant is required to resign his post to take up a new post under the Govt. for which he sends an application through proper channel, such resignation will not result in lapse of leave. On re-instatement on appeal or revision, the Govt. servant is entitled to count for leave his service prior to dismissal or removal. A Govt. servant who is retired on compensation or invalid pension or gratuity, who is re-employed and allowed to count his past service for pension, shall be entitled to count his former service for leave. (CCS(Leave) Rules-Rule 9, read with Rule 39)

(b)

(c) (d)

Leave Beyond Date of Compulsory Retirement 5. Leave is not granted beyond the date the officer is due to retire from service compulsorily. Provided that the authority empowered to grant leave may allow a Govt. servant who has been denied in whole or in part on account of exigencies of service the earned leave which was due to him pending retirement, the whole or portion of the earned leave even though it extends to a date beyond the date of retirement. For the purpose of this rule an officer may be deemed to have been denied leave only, if in sufficient time before the date on which he must compulsorily retired or the date on which his duties finally cease, he has either formally applied for leave as preparatory to retirement and has been refused it on the ground of exigencies of public service or has ascertained in writing from the sanctioning authority that such leave if applied for would not be granted on the aforesaid ground. Recall from leave preparatory to retirement is treated as a constructive refusal of leave.

97 Example of Calendar Months 6. The following examples show how a period stated in calendar month is calculated :(a) A Period of Six Calendar Months Beginning on the (i) 28 Feb (ii) 31 Mar or Apr (iii) 29 Aug (iv) 30 Aug or 1 Sep Ends on the 27 Aug 30 Sep 28 Feb Last day of Feb

(b)

A Period of Three Calendar Months Beginning on the Ends on the (i) 29 Nov 28 Feb (ii) 30 Nov or 1 Dec Last day of Feb

Commencement and End of Leave 7. (a) Unless specially or otherwise ordered leave begins within 35 days of the date of sanction. (CSR 840).

Prefixing and suffixing holidays to leave other than leave on medical certificate, shall be allowed automatically except in cases where for administrative reasons permission for prefixing/suffixing holidays to leave is specifically withheld. In the case of leave on medical certificate, if the day on which an employee is certified medically fit for rejoining duty happens to be a holiday, he shall be automatically allowed to suffix such holiday(s) to his medical leaves. Such day shall not be counted as leave. (CPRRO 27/77) RH can be prefixed or suffixed to regular leave or casual leave. Rule 22 CCS(L) Rules 1972 & (CPRO 27/77) Return from Medical Leave 8. Medical certificate of fitness is necessary when an officer returns from leave on medical grounds. (Rule 24, CCS (L) Rules 1972)

(b)

Medical Leave and Medical Certificate 9. The medical authorities are precluded from recommending grant of leave in cases in which there is no reasonable prospect of an individual becoming fit to return to duty. Doubtful cases may be referred back to the medical authorities. Possession of medical certificate does NOT in itself confer on an individual any right to leave. Leave on medical certificate to non-gazetted Govt. servants may be granted on the basis of medical certificate even by an Authorised Medical Attendant or Registered Medical Practitioner. The certificate should define clearly in nature and probable duration of illness. (1) Certificate given by a Registred Ayurvedic, Unani or Homeopathic Medical practitioner or a Registered Dentist (for dental ailments) or by an Honorary Medical Officer is acceptable if it is accepted for same purpose by the State Govt. for it own employees. (2) The competent authority has the discretion to secure, a second medical opinion by requesting a Govt. Medical Officer not below the rank of a Civil Surgeon or Staff Surgeon, to have the applicant medically examined. (Rule 19, CCS (L) Rules, 1972)

10. 11.

NOTES ;

98 Second Medical Opinion : Non Gazetted Staff 12. Whenever a second medical opinion is required in connection with the grant of leave to a civilian non gazetted government servant he is NOT compelled against his will to report for medical examination to the Staff Surgeon instead of the Civil Surgeon as provided in Art 834 (b) CSR. (E-in-C 30975/EIC (1) of 21 Mar 53).

Leave on Medical Certificate : Gazetted Officers 13. A Gazetted Government servant can be granted leave on medical certificate for a period exceeding two months on the basis of a certificate from an Authorised Medical Attendant as in the case of non-gazetted government servant. In other words the existing procedure of setting up a Medical Board and appearance of Gazetted Government servant before such Board for the purpose of grant of leave on medical certificate exceeding two months shall be dispensed with. Where, however, the authority competent to grant leave is not satisfied about the genuineness of a particular case, it shall be open to such authority to secure a second medical opinion by requesting a Government Medical Officer not below the rank of Civil Surgeon or Staff Surgeon to have the applicant medically examined on the earliest. (CPRO 27/77)

Return from Leave 14. A Government Servant on leave shall not return to duty before the expiry of leave granted to him unless he is permitted to do so by the leave sanctioning authority. (Rule 24 (1), CCS (Leave) R ule, 1972) Recall from Leave 15. In case a Government Servant is recalled to duty before the expiry of his leave, such recall to duty shall be treated as compulsory in all cases. (CPRO 27/77) Combination of Leave 16. All kind of leave, except casual leave, can be combined with each other. Compensatory of which is given to employees for working on any holiday/Sunday etc may be treated as a holiday for purposes of combination of holidays with leave. (Rule 22, CCS (Leave) Rule, 1972). Kind of leave Admissible to Different Classes of Establishments 17. (a) Personnel appointed on or after 28 Sep. 31 Governed by CCS (Leave) Rule,1972. (b) Industrial employees Governed by new Rules in AI 195/54. 18. Kinds of leave admissible, scale at which earned and accumulated and leave salaries are indicated in Appendix A and Appendix B.

Casual Leave 19. Casual leave is not recognized and is not subject to any rule. An officer on casual leave is treated as on duty. Casual leave is admissible as under :(a) Personnel other than industrial employees 8 days in a calendar year normally NOTmore than 5 days at a time. NOT carried over to next calendar year. Upto a maximum of 12 days in a calendar year. Not carried over to next calendar year.

(b)

Industrial employees

99 20. Casual leave for 2 calendar years may be combined provided the maximum amount does NOT exceed 8 days and leave for each calendar year is adjusted against the account of the respective year. Casual leave can be sanctioned for half day. (G of I, M of D No 972/1/D-Appts of 23 Apr 52 as amended).

Absence After Expiry of Leave 21. Unless the leave is extended by Competent Authority, the Government servant is entitled to no leave salary for period of such absence and that period will be debited against his leave account as though it were half pay leave, to the extent such leave is due, the period in excess of such leave being treated as extraordinary leave. (Rule 25, CCS (Leave) Rules, 1972) Model Leave Terms 22. Model Leave terms for officers of non-Asiatic domicile engaged on contract overseas for employment in the Defence services in India are contained in AI 235/52. Leave to Muslim Industrial Employees for Jumma Prayer 23. Muslim industrial employees are allowed leave without pay for one hour on Friday for offering their Jumma prayers. Wages are, however, deducted for the actual period of absence from work. If the time allowed is preceded or succeeded by the lunch interval the period of absence from work in respect of which wages are to be deducted is not included in the interval. (M of D, OM No 27(19)/53/216/I/D(Appts) of 10 May 54 and E-in-C No 30573/EID(2) of 19 May 54 as amended) Special Casual Leave 24. Special Casual Leave is granted based on orders issued by Government on the happening of certain contingencies like Cyclones, Floods, Communal riots, Breach of Communication when employees are prevented from attending office in the affected areas. 25. 26. Special Casual Leave may be combined with ordinary casual leave or regular leave but not with both at one time. Special Casual Leave is admissible in respect of the following cases as per general orders issued from time to time :(a) Govt. servants who are invitees, members, official delegates or to read papers, to attend meetings organized by Scientific To extent of attendance at the meeting and for journeys to and from the

Associations like Indian Science Congress place of meeting. Association, National Institute of Science, Institute of Engineers, Indian Academy of Sciences and similar bodies. (M of D, Memo No 27537/BDS/EIC/11787/D(Civ-II) dt 11-11-71) (b) Ex-Servicemen who have to appear before - 15 days including Resurvey Boards for re-assessment transit time of their disability. both ways. (M of D, Memo No 11(57)/65/D(Civ-II) dated 10 Oct 66) Disabled Ex-servicemen who go to hospital for replacement of their artificial limbs. 15 , days in a calendar year including transit time both ways.

(c)

(G of I,M of Def Memo No. 11(5) 72/3399/D(Civ.-II) dated 11April 72,as amended) (d) Members, delegates of members, managing committee members and office bearers of Co-operative Societies (formed exclusively with civilians paid from Defence 10 days in a. calendar year

100 Services Estimates) for journeys to attend meetings, Special meetings, contact courts/civil authorities/ Registrar for work of Societies, etc. (G of I, M of D Memo No 11(1)/14/10661/D(Civ-II) dated 14 Aug 64 and Memo No 11/3/66/8752/D(Civ-II) dated 8 Sep 72) (e) For taking part in sporting events tournaments and matches of national importance, where participation is in a representative capacity and not in his personal capacity. 30 days. Period in excess to be granted as regular leave of the kind due. (G of I, Min Home Affairs Memo No 46/7/50-Estt dt 6 Apr 54) Period spent in the Camp, or attending a course of instruction. (G of I, Min Home Affairs Memo No 25/12/51-Estt dt 1 Aug 51) 30 days in a calendar year. (Period in excess may be treated as regular leave) 20 days in a year. -

(f)

Civilians permitted to join Territorial Army

(g)

Participating in mountaineering expeditions having approval of the Indian Mountaineering Foundation. (Where one individual participates in Ser No (e) above also, overall limit will be 30 days).

(h) .

(i) Office bearers of recongnised Service Associations/ Unions of Central Govt. Employees for participating in activities of the Associations/Unions.

(ii)

Outstation delegates/members of executive Committee to attend meetings . .

10 days in a year. 05 days in a

(iii)

Local delegates/members of executive committee to attend meetings. year. -

(j) Staff side members of the Departmental Council. Note : The same applies for National Council meetings also.

One days Special Casual Leave for each meeting of Departmental Council. In addition, 2 days duty period on the days preceding the day of each meeting for consultations. On the day of insertion.

(k) (l)

For IUCD insertion Sterilisation Operation cases

101 (i) Female Govt. servant who undergoes non Special Casual puerperal tubectomy operation. Leave. 14 days

(ii) Male Govt. servant whose wife undergoes non puerperal tubectomy operation.

07 days Special Casual Leave. 07 days Special Casual Leave.

(iii)

Male Govt. servant who undergoes Vasectomy operation. .

A Government servant developing post-sterilisation complications may be allowed Special Casual Leave to cover the period for which he/she is hospitalized for a post operation complication on production of certificate from Authorised Medical Attendant. (CPRO 57/78) NOTE : (1) E-in-C is the Head of Department in respect of Civilians in the MES for the purpose of Special Casual Leave. The powers can be delegated to the subordinate officers serving under him. (2) Where the authority to sanction Special Casual Leave has not been specified as Head of the Department, Special Casual Leave may be sanctioned by the authority competent to sanction earned leave. (Authority : Ministry of Defence letter No 27(13/64C(Civ-II) dated 1 Apr 67 as amended vide corrigenda dated 25 Sep 72 and 30 Jun 75).

102 Appendix A (Prcis No. 1507) (Refer Para 18) KIND OF LEAVE ADMISSIBLE UNDER CCS (LEAVE) RULES,1972 Kind of Leave (a) Earned leave Admissibility Maximum allowed (b) (c ) 15 days for each calendar 300 days half year. 180 days at a time vide rule 26(3) accumulation Leave Salary (d) Equal to pay drawn immediately before proceeding on leave plus allowances Advance of leave salary is admissible to Govt. servant while proceeding on earned leave of not less than 30 days. Remarks (e) 1. To be credited to leave account at commencement of each calendar half year, i.e., on 1st Jan and 1st July. 2. The credit of earned leave will be reduced by one-tenth of the period of extraordinary leave availed during the previous half year and also the period treated as dies non subject to a minimum of 15 days. 3. Govt servant granted terminal/refused leave under provisions of Rule 39 of CCs (leave) Rules, 1972, shall be paid in lump sum the amount equal to leave salary and allowances, if any, admissible, for the entire period of such leave, as one-time settlement. 4. In case of death of a Govt servant, cash equivalent of leave salary with appropriate dearness allowance for earned leave at credit subject to maximum of 240 days is admissible to the family of the deceased. 5. Cash equivalent for earned leave at credit of a Govt servant at time of retirement on superannuation equal to leave salary and dearness allowance admissible on that leave salary, limited to maximum of 240 days, is admissible in lump sum as a one time settlement. 6. For the half calendar year during which the Govt servant retires, earned leave credited will be at the rate of 2 days per month upto the month of retirement.

103 Half Pay Leave 10 days for each calendar No restriction half year Half the amount of leave salary admissible for earned leave with allowances based on the admissible leave salary This can be availed of either on private affairs or on MC.

Commuted leave

Half the amount of half- No restriction Twice the amount admissible pay leave due on medical under half pay leave certificate Leave not Due Granted in advance of 360 days in the entire Same as for half pay leave (Permanent earning service employees)

1. Commuted leave may be granted at the request of the Govt servant even when earned leave is due to him on production of MC. 1. admissible to pt employees. 2. Shall be debited against half pay leave earned subsequently. 3. Not admissible in case of leave pending retirement. 4. Recoverable in the case of retirement or resignation except when due to ill-health incapacitating the Govt servant for further service. 5. No leave salary will be recovered in the event of the death of Govt servant. 6. Limited to maximum of 360 days out of which not more than 90 days at a time 180 days in all may be otherwise than on medical certificate. Condition 1. Govt servant should have put in a minimum of one years service. 2. The post from which he proceeds on leave is likely to last till his return to duty. 3. the request for grant is supported by an MC as envisaged in Sub Rule (2) of Rule 32 of CCS (Leave )Rules, 1972. 1. EOL may be granted when other leave is admissible, but the Govt servant applies for it in writing.

Leave Not Due Granted in advance of 360 days in the entire Same as for half pay leave (Temporary earning service employees suffering from TB, Leprosy, Cancer or Mental illness) Extraordinary leave No limit to frequency Pt and Ty Without pay Total continuous absence from duty NOT to exceed 5 years. Temporary Employees Limits for availment at a time are :-

104 (a) Upto 3 months without MC (b) Upto 6 months with MC for common ailments, and (c ) Upto 18 months on medical certificate for Cancer, Mental illness, Pulmonary tuberculosis or Pleurisy of tubercular origin, Tuberculosis of any part of body and Leprosy. Period as certified by (a) For first 120 days equal to AMA but in no case leave salary as for earned exceeding 24 months, for leave. any disability (b) Remaining period, as for half pay leave, provided that the Govt servant may at his option, be allowed leave salary as in (a) for a period not exceeding an other 120 days, and, in that event , the period of such leave shall be debited to his half pay leave account. No limit to frequency The provisions as for Special Disability Leave for intentional injury apply subject to further conditions as given in col (e)

Special Disability Leave for injury intentionally inflicted, in or in consequence of the due performance of his official duties or in consequence of his official position. Special Disability Leave for accidental injury, incurred in or in consequence of due performance of his official

1. The disability should have manifested itself within 3 months of the occurrence to which it is attributed. 2. May be combined with leave of any other kind. 3. Counts as duty for pension. 4. shall not be debited against leave account, except where the individual opts as stated in (b) under Col (d). 5. In case of a person to whom workmens compensation Act or Employees state Insurance Act applies, the amount of leave salary shell be reduced by the amount of compensation/benefit payable under the said Act for the corresponding period.

As per Rule 45 of CCs(leave) Rules, 1972, the grant of leave shall be subject to the further conditions that :(i) The disability, if due to disease, must be certified by an AMA to be directly due to the performance of the particular duty. (ii) If disability was contracted during service otherwise than with a military force, it must be exceptional in character, and (iii) The period of absence may be covered in part by leave under this rule and in part by any other kind of leave, and the period on leave

105 duties or in consequence of his official position, or by illness incurred in performance of any particular duty, which increases his liability to illness or injury beyond the ordinary risk attaching to his Civil Post. Maternity leave 135 days from the date of to female Govt. its commencement. servants (including an apprentice) _ Full pay salary equal to that admissible for earned leave shall not exceed 120 days.

1. Maternity leave may also be granted in case of miscarriage, including abortion to be supported by MC which should not exceeds 6 weeks. 2. In case of a person to whom , the Employees State Insurance Act, 1948, applies, leave salary shall be reduced by the amount of benefit payable under the said Act for corresponding period. 3. May be combined with leave of any other kind. 4. May be allowed leave of any kind, including commuted leave, if she so desires, in continuation of maternity leave upto a maximum of 60 days without production of MC. 1. Admissible to 9 Group D Govt servants, and such Gp C employees whose duties involve handling of dangerous machinery, explosive materials, poisonous drugs, or performance of due to risks incurred in the course to their official duties. 2. May be combined with any other kind of leave provided total, period, after such combination, does not exceed 28 months. 3. In case of a person to whom Workmens Compensation Act or the

Paternity Leave Hospital Leave

15 days _ Full pay For the period as Total period not to exceed Equal to that admissible considered necessary on 28 months during earned leave or half production of medical pay leave. certificate form AMA

106 Employees State Insurance Act applies, leave salary payable shall be reduced by the amount of compensation/benefit payable under the said Act for the corresponding period. 1. May be combined with leave of any other kind but in no case the combined absence (other than with EOL) will exceed 28 months. 2. Granted for Special Course of Study or Specialist Training etc., having close connection with the sphere of his duty. 3. Study leave is not ordinarily granted to be individual who has less than 5 years service or is due to retire within 3 years of his expected return to duty. 4. Any amount received by the Govt servant a scholarship, stipend. Remuneration, will by adjusted against study allowance. 5. competent authority has to certify that the course of study/training shall be of definite advantage from point of view of public interest and it is forstudies in subjects other that academic or literary subjects. Absence treated as duty. 1. Can be combind with special CL/ 2. Cannot be combined with juoining time. 3. Sundays and holidays following during the period of CL are not counted as part of CL. 4. Sunday/Public holidays/Restricted holidays/Weekly offs can be prefixed/suffixed to casual leave. 5. Casual leave can be taken while on tour but no daily allowance will be admissible for the period. 6. Casual leave can be taken for half day also. 7. Essentially intended for short periods. It should not normally be granted for more than 5 days at any one time. 8. LTC can be availed during casual leave. 9. Offcial joining during the middle of a year may avail casual leave proportionately or the full period at the discretion of the comptentent authority.

Study Leave

Ordinary 12 months at 24 months during entire any one time service (including study leave granted under any other rule)

Equal to pay (without allowances other than Dearness allowance) which he drew while on duty immediately before proceeding on study leave, in addition to study allowance for study leave out of India. No study allowance is payable for courses of study in India. -

Casual leave

8 days in a calendar year Full pay for those entitled to 17 holidays. 10 days for those not entitled to 17 holidays.

107

Appendix B (Precis No. 1507) (Refer Para 18) KIND OF LEAVE ADMISSIBLE TO CIVILIAN INDUSTRIAL EMPLOYEES PAID FROM THE DEFENCE ESTIMATES UNDER THE CIVILIAN IN DEFENCE SERVICES (INDUSTRIAL PERSONNEL) LEAVE RULES, 1954 TO HAVE EFFECT FROM 1 JULY 1954 Kind of Leave Full Pay ** Admissibility Amount in a Calendar year 01/7/54 to 1/1/81 to 31/12/80 19/7/98 Nil Nil Upto 31/12/80 7 days 17 days 30 days 1/1/81 to 11/9/2000 10 days 17 days 60 days 15 days 22 days 12/9/2000 onwards 20 days 27 days 120 days No limit May be granted without production of M.C. Full pay. Owing to prevalence of plague. On account of retirement or abolition of post before attaining the age of super-annotation, or resignations due to ill health, where notice of termination of service is required leave is regulated to cover the period of notice. Maximum Accumulation 120 days Remarks Encashable on retirement upto a maximum of 60 days

Length of Service

(a) Less than one year (b) Over one year but less than 3 years (c ) Over 3 years but less than 10 years (d) Over 10 years but less than 20 yrs (e) More than 20 yrs of service Half Pay Inoculation Terminal

10 days for each calendar half year 2 days on any occasion. (a) Full Pay Leave. (b) Half amount of full pay leave if resigned due to reasons other than ill health or compelling circumstances.

108 Maternity 135 days from commencement This details/remarks as given is Appx A against Maternity leave apply to Industrial personnel also. Full Pay

Paternity Extraordinary Hospital

On account Of injuries received in the course of his duty provided that in the case of a person to whom the Workmens compensation Act applies the grant of leave shall be subject to the amount of any compensation payable under section ( )of the said Act Casual 8 days in a calendar year 8 days in a calendar year. Full pay. ** NOTE: 1. No deduction on account of EOL availed by an individual covered by CDS (IE) leave rules is permissible. 2. Excess grant of FPL, if any, during 1980 may please be adjusted in subsequent years wide MOD No 11(10)73/Vol.II/6682/D(Civ-II) dated 31 Dec 1984. Authority: M of D OM No F.II (10)/73/D(Civ-II) dated 10 Feb 81. FPL (Termed as Annual Leave with wages) : 30 days for completed year of service irrespective of the length of service wef 20 Jul 98. Authority: DO PT No 12012/1/97-Estt(Leave) dated 20 Jul 1998.

15 days Please see Appendix A The provisions equally apply to Industrial categories. No restriction Granted as considered necessary by the competent Authority. CSR 291 and G of I, M of DNo 11/ (6)/67/5255/D(Civ.II) dated 15-5-67)

109 Precis No. 1508 Management School RECORD OF SERVICE CIVILIANS Introduction 1. Various records of service are kept by employers for their employees whether Government or private servants. Similarly records of service are maintained for civilians gazetted or non gazetted under the provisions of CSR Articles 815-817 and MES Regulations paragraph 92. In these records, besides various particulars of the officers concerned, casualties relating to their pay and allowances, promotions and other relevant events are also recorded. 2. This prcis deals with the objects, maintenance, preparation and custody of records of services.

Object 3. The object of maintaining, records is to record every step in official life of Government servant. 4. Step means appointment, promotion, demotion, leave, transfer, appreciation, punishment, retirement and other relevant events. 5. Head of Office means the head of the office concerned or any other gazetted officer authorized by the former to act on his behalf. 6. Service Books for Group A and B officers are maintained by the Central Record Offices, E-in-C Branch, New Delhi. Service Books in respect of Group C and D & industrial employees are centralized with the concerned command CE.

Service Documents 7. Service documents/personal records of civilians are to be maintained according to the latest instructions issued by the Cabinet Secretaiat (department of Personnel, and AR) OM No. 28034/35/76-Estt (A) dated 19 Jan 1977 and Army HQ AGs Branch, New Delhi letter No. 75148/Org 4 (Civ) (a) date 16 Oct 1979, as under :(a) Service Book (Folder I.) (b) Folder II. (c) Folder III. Service Book (Folder I) 8. A new form of Service Book MSO (T) 27 Revised ) has been devised and Controller of Printing of Stationery has been instructed by the Ministry of Finance to supply the Service book in the revised form to various Govt organizations. The new service Book form is to be used for new entrants. For the existing Govt servants the new Service Book may be used when the existing stock is exhausted.

9.

The New Service Book is divided into four parts as under :Opening Page 1-I Bio-data (Sample at Appendix A). Entries in this part are to be made at the time of appointment of the Govt servant and attested. An attested photograph is to be pasted on the top right hand corner. The photograph should be renewed after 10 years of service. Entries on this page are attested every 5 years. Page 2 II Certificates and Attestation ( See Appendix B). Page 3 III (a) Previous Qualifying service to be posted when no Service Book is Available for past service which had to be admitted on the basis, say, of collateral evidence. The purpose for which the past service has been accepted as qualifying should be specified, e.g., leave, pay, pension, etc. Page 4 III (b) Foreign Service. Subsequent pages IV History and verification of service.

10 Instruction for filling up are given on the inside cover pagers of the Service Book. Note :- When one book is used up, subsequent ones should be opened as Parts II, III, and so on of Folder I of Service Book.

110 Folder II 11. This is a folder containing the more important of the personal documents relating to the Govt servant to be kept secure as Folder II of the Service Book, in safe custody of the Head of Office. Illustrative list of the document that should be kept as folder II of the service Book is given in Appendix C. Notes :- (i) Service Book is to be retained for 25 years on retirement of the Govt. servant. (ii) Service Book of Govt. servants who die while in service and Family Pension Papers are to be retained for 25 years from the date of death of the Govt. servant. Folder III 12. Documents such as nomination papers, leave account etc. having direct bearing on the official career of the Govt servant, likely to be required for future reference and meriting retention for a long period should be placed in Folder III and is maintained by concerned unit. Date of Birth 13. Checking of date of birth is done as follows :(a) In the case of literate staff from some documentary evidence, e.g., Matriculation/School Leaving Certificates, etc. (b) In the case of illiterate-staff, from some documentary evidence, if available, e.g., horoscope or an extract from the Municipal Birth Register, which is recorded by a responsible gazetted Officer and witnessed by another employee. If no such proof is available the procedure indicated in Note 1 below is followed. Notes : (1) (a) When the year and the month of birth are known but not the exact date the 16 th of that month is treated as the date of birth. (b) When only age is given, the person concerned is assumed to have completed the stated age on the date of attestation. (c) When the person concerned is unable to state his age or where the age stated by him is obviously incorrect, it is assessed by the medical officer and the age so assessed is entered in the records in the manner prescribed in (a) above. No alteration in the date of birth recorded in accorded with the above rules is permissible except where prima facie evidence is produced that the date already recorded is incorrect. Where alternations become necessary due to a clerical error it shall be open to the Head of the Service in the case of gazetted officers and Head of the office in the case of non gazetted employees to cause the date of birth to be altered. All other cases are referred to the Ministry of Defence for gazetted officers and E-in-C in the case of non gazetted officers. All applications for changes are made within reasonable time of the commencement of the service. No application is entertained about the time of superannuation. Where it is proved that the date of birth has been falsely stated to obtain an advantage otherwise inadmissible, the officer concerned is liable for disciplinary action in addition to effecting necessary alternation of the date of birth in his service records. Procedure for recording date of birth is given in AI 200/55 as amended vide AIs 141/56, 125/67, 290/60 and 194/68.

(2)

(3)

(4)

Recording of Entries 14. (a) Every step in an officers official life is recorded with regularity. (b) Entries are properly worded and neatly written. Erasing or overwriting is not permissible. Wrong entries are crossed neatly and fresh entries are made. Corrections are attested. (c) Leave account is kept up-to-date. (d) All entries are supported by relevant authorities i.e. Part II Orders or other authenticated documents. (e) Personal certificates of character are not normally entered unless the Local Government so directs. (f) Periods of suspensions from employment and other interruptions in service are noted by an entry across the page, in red ink. (g) All entries are signed by the officers concerned in appropriate columns. (h) Appendix D and Appendix E indicate the form for leave accounts of non-industrial and industrial personnel.

111 Verification of Service 15. Verification of service is taken up at a fixed time in the year say in April by the head of the office from audited and paid pay bills or other authenticated documents, published in Part II Orders and recorded in the Service Book as under :(Service verified upto . Date from the record which verified). 16. 17. 18. Blank. Verification of service is also recorded when an officer is transferred out. It is the duty of every officer to see that his service book/roll is kept up in accordance with the rules. For this purpose all entries are signed by the officer concerned. On this occasion the officer can examine his record of service to ensure correctness. (CSR Article 819)

112 Appendix A (Precis No 1508) (Refers to para 9) 1. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. Name in full (in block letters) Shri/Shrimati/Kumari Fathers name (in block letters) Husbands name (in block letters) Nationality (if not a citizen of India, (Number and date of eligibility certificate) Whether a member of Scheduled Caste/Tribe Date of birth by Christian Era and wherever possible also in Saka Era (both in words and figures) Educational qualifications (a) at the time of first appointment (b) subsequently acquired. Professional and technical qualifications not covered by 7 Exact height by measurement (without shoes) Personal mark of identification Permanent Home address Signature or left hand thumb impression of the Government servant (with date) Signature and designation of attesting officer (with date) *To be attested by the Head of Office before passing. NOTE : Photographs should be renewed after 10 years of service of Government servant. Photograph BIO-DATA

113 Appendix B (Precis No 1508) (refers para 9) 2. S.No 1. Subject Medical examination CERTIFICATE AND ATTESTATION Certificate The employee was medically examined by on and found fit. The medical certificate has been kept in safe custody vide S. No . of folder II of the service book. Sig. & Design. of the certifying officer

2.

Character antecedent

3. 4.

5.

6. 7.

8.

9. 10.

and His/Her character and antecedent have been verified and the verification report kept in safe custody vide S.No of folder II of the service book. Allegiance to the He/She has taken the oath of Constitution allegiance/affirmation to the Constitution vide S.No of folder II of service book. Oath of secrecy He/She has read the Official Secrets Act and Central Services(Conduct) Rules and has also taken the oath of secrecy vide S.No .. of folder II of service book. Marital status He/She has furnished declaration regarding his/her not having contracted bigamous marriage. Relevant declaration has been filed as S.No of folder II of the service book. Declaration of He/She has furnished the declaration of home home town town which has bee accepted and filed at S.No . Of folder II of the service book. Verification of The correctness of the entries against S.Nos 5-8 entries in Par I of Part I Bio Data has been verified from original certificate considered as valid documentary evidence for the respective purposes. Assessed copies of share certificates have been filed at S.Nos of folder II of the service book. *(a) G.P.F. No. No. has filed nomination for G.P.F. and * (b) Nomination the following release notices which have been for G.P.F. forwarded to the Accounts Officer on dates shown against them, have been filed in folder II of the service book. 1. 2. 3. Family particulars He/She has furnished details of the family members which have been filed at S.No .. of folder II of the service book. D.C.R. gratuity and He/She has filed nomination of D.C.R. gratuity family pension and family pension and the following related notices which have been filed in folder II of the service book, vide S.No. shown against them. 1. 2. 3.

*When G.P.F. Number allotted to an official changes, the changed number will be entered here, alongwith the authority for the change.

114 Appendix C (Precis No 1508) (refers para 11) MES No Name .. Designation. LIST OF DOCUMENTS TO BE PLACED IN FOLDER II OF THE SERVICE BOOK 1. 1A 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. Relaxation of age, Educational qualifications, attested copies of Certificate A of age and Educational Qualifications Attested copies of certificate of age and Educational Qualification Report regarding verification of character and antecedents Medical certificate of fitness (under Art 49 CSR) . Declaration regarding marital status .. Oath/affirmation of allegiance to the Constitution of India as laid down in CPRO 88/64 Oath of secrecy Declaration and acceptance of Home Town .. Remark Authenticated Attested copy Original Original Original Original Original

Signed/Attested copy Nomination for G.P. Fund . Signed/Attested copy Nomination for family pension and death-cum-retirement gratuity Signed/Attested copy Details of Family . Signed/Attested copy Exercise of options in service matter Signed/Attested copy Condonation of break in service .. Authenticated/ Attested copy Order regarding change of date of birth -doCollateral evidence in respect of past service .. Change of name An extract from the Employment Exchange letter sponsoring the candidature of the individual A declaration to the effect that the individual has not contracted bigamous/ plural marriage . A declaration to the effect of having or having not served earlier in the Army. In the former case, details regarding pension received for combatant service, If any and the discharge certificate from Army Nomination in the prescribed form in respect of Central Govt Employees Group Insurance Scheme ... Nomination in the described form in respect of compulsory deposit scheme Medical Certificate for field service liability . Statement of movable/immovable property .. HRA/CCA Certificate Original Original An extract/ Attested copy Original Original

19. 20. 21. 22. 23.

Original Original Original Original Original

115

24. 25. 26. 27. 28. 29. 30.

Character Certificate . Declaration of date of birth Re-attestation form .. QPC form .. Declaration regarding Caste/Religion Approved pay fixation Performa .. CGHS Index Card

Original Original Original Original Original Original Original

From

Name of Government Servant ... Date of commencement of continuous service.. Date of permanent employment.. `EARNED LEAVE HALF PAY LEAVE Particulars Length Credit of Leave of service of leave in the Service calendar half year Leave Taken

NOTES To 2 3 4 5 6 7 F r To o m 8 9 10 No of days 11 16 17 19 From No of days From T o No of completed years Leave earned (in days) Leave at credit (Col. 15+32) Against the carning on half-pay T o No of days of other kinds of leave (H.P.L) commuted leave. Leave not due & E OL (Col 19+22+22C+30+33) availed of during the previous calendar halfyear In Col.5)E.L. to be deducted (1/11 th of the period Total E.L. at credit in days Col. 4+11-6 (Col-7-10)Balance of E.L. on return from leave E.L. credited at the beginning of half-year months sof service in calendar half -yearCompleted months of service in the Form 2 ( See rule 15) FORM OF LEAVE ACCOUNT

Appendix D (Precis No . 1508) (Refers Para 14) M.S.O (T-II) A 116

1 2

1 1 3 4

1 5

1 8

117 1. The Earned leave due should be expressed in days.

2. When a Government servant is appointed during the course of a particular calendar half year, E.L. should be credited @ 2 days for each completed month and the fraction of a day will be rounded to the nearest days. 3. The old leave account in respect of existing Government servants has to be closed and the balance as on 31-12-1975 will have to be carried forward to the new account in col II. While doing so the balance at credit on 31-12-1975 may be rounded off the nearest day.

118 Appendix D (Precis No. 1508) (Refer Para 14) M.S.O (T-II) Date of Birth Date of retirement/resignation
(ON PRIVATE AFFAIRS AND ON MEDICAL CERTIFICATE INCLUDING COMMUTED LEAVE AND LEAVE NOT DUE)

taken Commuted leave converted into half-pay leave (twice of col.22 and 22C) Total of half-pay leave taken (Col. 19+23+30) 31 Commuted leave without medical Certificate for studies certified to be in public interest (limited to 180 days half-pay leave converted into 90 days commuted leave in entire service From To No of days Balance of half pay leave on return from leave (col.016-31) 32 33

Commuted leave on Medical Certificate on Full pay

Leave not due limited to 360 days in entire service

From

To

N o of da ys

20

21

22

22-A

22-B

22-C

23

24

25

26

27

28

29

30

4. 5.

The entries in Col 6 should be in complete days. Fraction of a day will be rounded to the nearest day. Period of Extra ordinary leave should be noted in red ink.

26+29)Total leave half-pay leave taken (Col.

Fro m

To No of da ys

On Medical certificate

Otherwise than On Medical Certificate limited to 180 days Fro To Nos m of day s

119 6. The entries in Col. 12 and 13 should indicate only the beginning and end of competed years of service at the time, the half pay leave commences. Where a Government servant completes another year of service while on half pay leave the extra credit should be shown in Col. 12 to 16 by making suitable additional entries and this should be taken into account while emplanting Col. 32.

120 Appendix E (Precis No. 1508) (Refer Para 14) FORM OF LEAVE ACCOUNT INDUSTRIAL PERSONNEL Est.. T/NoTrade.Name..Date of engagement Date of birth Commencement of continuous Service.. Date of compulsory retirement .. Leave on full pay Medical Certificate Perio d of servic e for which leave due 1 Leave under Department rules Bal Leave B.F Credit . ed Leave under Factories Act Period T o No. Leave of Credit days ed worke d 7 8 B. F. Leave taken Tota Fro l m Leav e 10 11 To Bal. No. Under of departme day nt rules s 13 14 Bal. Under Factories Act Calenda r year Leave at credit No. of days Leave on full pay on

Leave taken Fro m T o No. Balance of day s 20 21

Tota Fro l m Leav e 4 5

12

15

16

17

18

19

duePeriod of service for which leave Leave earned days B.F.Leave Total From To

Leave on half pay on Medical Certificate

22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 No. of days 38 39 40 41 42 43 From To No. of days Initial of Head of Section Name Leave taken No. of days From To No. of days Half pay leave converted in to commuted leave (twice of Col 31) Commuted leave From To Balance Total leave taken during service Whether on M.C. or Private affairs Leave taken

121 Extra ordinary leave without pay on M.C. or private affairs Other Leave

123 Precis No 1509 Management School GENERAL PROVIDENT FUND Introduction 1. Government have introduced General Provident Fund for the benefit of their employees to assist them at the time of retirement as also to enable them to meet certain compulsory obligations during the tenure of their service. 2. This prcis deals with the eligibility of the civilians to join the fund conditions/rates of subscriptions and withdrawals from the fund.

General Provident Fund 3. This fund is maintained in Indian currency in rupees, fractions or a rupee are not normally allowed and figures are rounded off to the nearest rupee, 50 Paise counting as the next higher rupees. Eligibility 4. All Govt. servants, after a continuous service of one year and all permanent Govt. servant shall subscribe to the fund. (Rule 4) NOTE :(1) Apprentices and probationers are treated as temporary Govt. servant for the purpose of the rule (2) Temporary Govt. servants appointed against regular vacancies and likely to continue for more than a year may subscribe to the Provident Fund any time before completion of one years service. (3) When a Govt servant completes one year of service during middle of a month the subscription may start from the subsequent month. (4) Provident Fund Account Number allotted to the Govt servant should be entered in the right hand top of page 1 of his Service Book by means of a rubber stamp. Discontinuance 5. If a subscriber, is militarized he will discontinue subscription but he may either withdraw the amount at his credit or leave it in the Fund. The amount so left in the Fund shall bear interest for not more than one year from the date of militarisation. Condition and Rates of Subscription. 6. Conditions A subscriber subscribes monthly to the Fund except :(a) during a period of suspension, but should he like on re-instatement he is allowed to pay in one sum or in installments upto the maximum amount of arrears of subscription, payable for that period. (b) at his option during leave period which either does not carry any leave salary or carries leave salary equal to half pay or half average pay. (c) on discontinuance as mentioned in para 5 above. Rates of Subscription Subscriber shall fix the amount subject to not less than 6% and not more than his total emoluments (to be expressed in whole rupees). (Rule 8) Change in rates of subscription The amount of the subscription may be reduced once at any time during the course of the year and enhance twice during the year, provided that the amount of subscription shall not fall below the prescribed minimum. Rule 8(4)

7.

8.

124 Interest 9. Rate of interest is notified annually by the Govt and is credited with effect from the last day in each year. Interest shall not be credited to the account of a subscriber if he informs the Accounts Officer that he does not wish to receive it, but, if he subsequently asks for interest, it shall be credited with effect from the first day of the year in which he asks for it. (Rule 11) Incentive Bonus 10. A subscriber who has not withdrawn any amount from his provident Fund account during the preceding 5 years commencing from 01-04-73 will be entitled for a bonus at the rate of 1% on the entire balance at his credit on the last day of the year. (Rule 11A) Advance from the Fund 11. Except for special reasons an advance does not exceed 3 months pay of the individual or half the amount at his credit in the fund whichever is less. Dearness pay is treated as part of the pay where admissible. 12. Advance may be sanctioned by the appropriate authority for one or more of the following purposes :(a) To pay expenses in connection with the illness, confinement or a disability, including where necessary, the travelling expenses of the subscriber or any person actually dependent on him. (b) To meet the cost of higher education, including where necessary, the travelling expenses of the subscriber or any person actually dependent on him in the following cases, namely. (i) (ii) for education outside India for an academic, technical, professional or vocational course beyond the High School stage, provided that the course of study is for not less than three years. for any medical, engineering or other technical or specialized course in India beyond the High School stage, provided that the course of study is for not less than three years.

(c)

To pay obligatory expenses on a scale appropriate to the status which by customary usage the subscriber has to incur in connection with betrothal or marriages, funerals or other ceremonies. To meet the cost of legal proceedings instituted by or against the subscriber, any member of his family or any person actually dependent upon him, the advances in this case being available in addition to any advance admissible for the same purpose from any other Govt source. To meet the cost of the subscribers defence where he engages a local practitioner to defend himself in an enquiry in respect of any alleged official misconduct on his part. To meet the cost of plot or construction of a house or flat for his residence or to make any payment towards the allotment of plot or flat by the Delhi Development Authority or a stage Housing Board or a House Building Co-operative Society. NOTE 1. :- Special reasons for sanction of advance in excess of the normal limit at para 10 above or before the repayment of the last instalment of any previous advance, should be recorded in writing. NOTE 2. :- The term Special reasons does not mean that advance can be sanctioned for object other than those specified in the rules Special reasons are to be given for sanctioning an advance in excess of the normal limit of 3 months pay or half the amount standing to credit, or for sanctioning an advance before repayment of the last instalment of the previous advance. NOTE 3. :- An Advance may also be granted for meeting expenses for the first annual Shradh Ceremony of a person who prior to his/her death was member of subscribers family, or was dependent upon him or was one of his close relatives. (G of I Min of Fin No F 22 (13/EV(B) 64 dated 23 Jan 65) (Rule 12)

(d)

(e) (f)

125 13. When an advance is sanctioned before repayment of last instalment of any previous advance is completed, the balance of previous advance shall be added to the advance so sanctioned and the instalments for recovery shall be fixed with reference to the consolidated amount. (Rule 12)

Withdrawals from the Fund 14. (A) Withdrawal is permitted at any time after completion of 20 years of service of a subscriber, or within 10 years before the date of his retirement on superannuation , whichever is earlier, from the amount standing to his credit, for one or more of the following purposes by the authorities competent to sanction an advance for special reasons :(a) Meeting the cost of higher education including where necessary, the traveling expenses of the subscriber or any child of the subscriber in the following cases, namely :(i) for education outside India for academic, technical, professional or vocational course beyond High School stage; and (ii) for any medical, engineering or other technical or specialized course in India beyond the High School stage. (b) Meeting the expenditure in connection with the betrothal/marriage of the subscriber or his sons or daughters and any other female relation actually dependent on him. (c) Meeting the expenses, in connection with the illness, including where necessary, the travelling expenses of the subscriber or any person actually dependent on him. (d) Meeting the cost of Consumer durables such as TV,VCR/ VCP, Washing Machines , cooking range ,Geysers ,Computers ,etc. 14. (B) Withdrawal is permitted for one or more of the following purposes after completion of 10 years of service or within 10 years before the date of retirement on superannuation :(a) Building or acquiring a suitable house or ready built flat including the cost of site. (b) Repaying an outstanding amount on account of loan expressly taken for building or acquiring a suitable house or ready built flat. (c) Purchasing a house- site for building a house or repaying any outstanding amount of loan taken for the purpose. (d) Reconstructing or making additions/alterations of a house or flat already owned or acquired. (e) Renovating, additions/alterations or upkeep of an ancestral house or of a house built with assistance of loan from Govt. at a place other than the place of his duty. (f) Constructing a house on a site purchased under clause (c). (C) Within Twelve months before the date of subscribers retirement on superannuation from the amount standing to his credit in the fund without linking to any purpose. NOTES : (1) Only one withdrawal is allowed for the same purpose. But marriage or education of different children or further alterations/additions to a house or flat covered by a fresh plan, or illness on different occasions are not treated as the same purpose. (2) The advances from Fund can be converted into final withdrawals. (Rule 16 A) (3) A withdrawal from Fund once during service is permissible for extensive repairs or overhauling of his motor car over 5 years in use to the extent of Rs10000/- or 1/3rd of the credit in respect of an officer, and has completed 28 years of service or has less than 3 years to attain the age of superannuation. (G of I Min of Fin Memo No 10(9) Per/79 dated 9 Jun 80) (Rule 15) The sum withdrawn for one or more of the purpose in para 13 shall not ordinarily exceed half the accumulation at the credit of the individual or 6 months pay whichever is less. The sanctioning authority may however sanction in excess of this limit upto of the balance at his credit. The individual shall satisfy the sanctioning authority, after withdrawal of the money, within a reasonable period as may be specified by that authority that the money has been utilized for the purpose for which it was withdrawn. Rule 16 (1)

14.

15.

126

16.

A house building advance under the scheme of Ministry of Works, Housing and Supply and a final withdrawal from GP Fund may be granted independently of each other provided that the total amount drawn from all sources (including an advance from any other Govt. source) shall not exceed Rs. 1,25,000/- or 75 times the monthly pay, whichever is less.

17.

A withdrawal permissible as and when called upon to pay an instalment for a site/house/flat purchased or constructed through the Delhi Development or a State Housing Board or a House Building Co-operative Society and such are treated payment for separate purpose. Recoveries 18. An advance is recovered in equal monthly instalments which will not be less than twenty unless the subscriber so elects and not more than twenty four. In special cases where the advance exceeds 3 months pay, the number of instalments may be fixed at more than 24 but in no case at more than 36. (Rule 13) 19. No interest is charged on the temporary advances granted under the Fund.

Lapse of Sanction 20. Sanction to an advance from a Provident Fund shall, unless it is specifically renewed, lapse on the expiry of a period of three months. NOTE :Sanctions accorded for non-refundable withdrawals in (instalments) shall remain valid upto a particular date to be specified by the sanctioning authority in the sanction order itself. Withdrawal for Purchase of Car 21. Officers who have completed 15 years of service are permitted to make final withdrawals from the Fund for Purchasing a motor car or repaying a Govt. loan already taken for the purpose provided (a) the officer is in receipt of pay of Rs.10,500/- or more, and (b) the amount is limited for to Rs. 50,000/- or 1/3rd of the amount at credit whichever is less. (G of I Min of Per, P.G. & Pensions No 20(8) P-PW/90-E dated 20 Aug 90). Attachments 22. The Provident Fund Act, 1925, provides that the balances in the Fund shall be free from any debits incurred or liability owed by the subscriber or the dependent before the death of the subscriber. NOTE :This protection does not extend to a person who becomes entitled to the Provident Fund money but is not a dependent, or to any debit or liability incurred by the dependent after the death of the subscriber. (G of I Min of Fin Memo No 37 (5)-EV/70 dated 15 Jan 1971). Payments Towards Insurance Polices 23. At the option of the subscriber, payment may be made towards life policies on the following conditions :(a) No amount is withdrawn in excess of the credit in the Fund. (b) Details of the proposed policy must be accepted by the CDA concerned as suitable. (c) Policy must be assigned to the President of the Union. (d) Once a policy is accepted its terms will not be altered nor it be exchanged for another policy without CDAs consent. (e) No payments are made towards educational endowments. NOTE :The above facility has been stopped with effect from 16 Jul 61 but it does not affect cases in which withdrawals were permitted prior to this date. The subscriber is responsible to keep the policy alive. Final Withdrawals of Fund Balance 24. Final withdrawal from the fund is only allowed in either of the following circumstances :(a) When a subscriber quits the service. (b) When a subscriber proceeds on leave preparatory to retirement. (c) On the death of subscriber, to nominees.

127 (d) 90% is allowed within 12 months before retirement.

Nominations and Payment of Fund Balances 25. A subscriber who has a family at the time of making nomination shall make such nomination only in favour of a member of his family. If the subscriber nominates more than one member the amount of share payable to each should be specified. 26. 27. When a subscriber has no family and some other person is nominated, it should be specified that the nomination will become invalid on the subscribers acquiring a family. On the death of a subscriber before the payment is made, if he leaves a family, and if no nomination has been made in favour of a member/members of the family, the amount becomes payable to members of the family in equal shares notwithstanding any nomination made in favour of a person or persons other than the member or members of his family. Payment of provident fund money to the extent of Rs. 10000/- on behalf of the minor (s) can be made to the natural guardian. In the absence of a natural guardian, if the minor and his property are in the custody of some person, such person is in law a de facto guardian. Such ground can exist only if he/she is shown by a sworn declaration to be de facto guardian and his/her bonafides have been ascertained. The person receiving payment on behalf of the minor (s) should execute a bond signed by two sureties agreeing to indemnify Govt. against any subsequent claim. A de facto guardian is to produce the affidavit in addition to the indemnity bond with suitable sureties. (Govt of India Min of Fin No E 25(2)-EV(B)/65 dated 14 May 65 & M of D ID No 19(1)/90D (Civ-2) dated 10 Sep 90). Where the natural guardian is a Hindu widow the payment of provident fund moneys on behalf of her minor children shall be made to her irrespective of the amount involved without the production of guardianship certificate or any indemnity bond unless there is anything concrete to show that the interests of the mother are adverse to those of the minor children. (G of I, Min of Fin No F 40(5) EV/67 dated 14 Feb 1968). The above also applied to a Hindu widower where he is the natural guardian. According to Hindu Minority and Guardianship Act, 1956, the natural guardian in the case of a Hindu boy or of an unmarried Hindu girl is the father and after him only the mother. (G of I, Min of Fin Memo No 35(3) EV/68 dated 17 Jan 1969). Deposit Linked Insurance Scheme 30. On the death of a subscriber, the person entitled to receive the a mount at credit of the subscriber shall be paid an additional amount equal to the average balance in the account during the last 3 years immediately preceding the death of such subscriber subject to the following conditions :(a) The balance at credit at any time during the 3 years preceding the month of death shall not have fallen below the following limit :(i) Rs25,000/- for subscriber holding a post the maximum of the scale of pay of which is Rs. 12,000/- or more. (ii) Rs.15,000/- where maximum of the scale of post held is Rs.9,000/- or more but less than Rs.11,999/(iii) Rs. 10,000/- where maximum of the scale of post held is Rs. 8,999/- or more but less than Rs.3500/(iv) Rs. 6000/- where maximum of the pay scale of post held is less than Rs.3500/The minimum qualifying balance may be determined in relation to the post which was held for the greater part of the three years before death of the subscriber. (b) his death. The additional amount payable will not exceed Rs. 60,000/(c ) The subscriber should have put in at least five years service at the time of

28.

29.

128 31. The scheme does not apply to persons appointed on Contract basis. NOTE :(1) (2) The balance shall also include the interest payable. Any sum payable under this Scheme is in the nature of insurance money and , therefore, the statutory protection given by Section 3, of the Provident Fund Act, 1925 (Act 19 of 1925) does not apply to sums payable under this Scheme.

Contributory Provident Fund 32. Contributory Provident fund Rules, 1962 apply to every non-pensionable servants of the Govt, under the control of the President. The industrial employees in the MES on becoming permanent are given the option to elect the pensioner benefits and come over to General provident Fund , in which case the subscriber own contribution with interest is transferred to general provident Fund and the Govt. contribution is repaid to the Govt., in which case his previous service is counted towards pension subject to relevant rules. Note :Retired officers from a civil or military department of the central Govt., may on re-employment in civil department be admitted to the fund. All those temporary industrial employees who where subscriber to IOFWP Fund including those who did not opt for pension after having been confirmed before 21 May 71 were permitted to exercise an option for contributory provident fund rules (India) 1962. Persons who joined service on or after 21 May 1971 are to be admitted compulsorily to the contributory PF Rules (India )1962. (G of I, Min of Def, Memo No. 19 (4)/65/D-Civ II dated 1 Apr 71 and even number dated 15 May 72 and MD OM No, 19 (8)/74/D-(Civ-II) dated 30 Oct 76) 33. The amount of subscription will not be less than 8 1/3 percent of his emoluments and not more than his emoluments. Government Contribution 34. Government Contribution will be such percentage of subscribers emoluments on duty during the year or period as may be prescribed by Govt. by general or special order. No contribution is payable for any period for which the Govt, servant does not, or permitted by rules not to , subscribe to the Fund. 35. Where the amount subscribed is less than minimum subscription through oversight or otherwise, contribution payable by Govt by general or Special Order.No contibution is payable for any period for which the Govt servant does not , or permitted by rules not to , subscribe to the fund. Government servant will not be eligible to receive Govt. contribution and interest thereon, if he is dismissed from service due to misconduct, insolvency or inefficiency. He is also not eligible if within 5 years of the commencement of his service, he resigns from service or ceases to be an employee under Govt. Otherwise than by reason of death, superannuation, being declared medically unfit, abolition of post, or reduction in establishment. Government dues may be recovered from the Govt. contribution and interest thereon for any liability incurred by the subscriber to Government. Note :(1) The period of 5 years is to be reckoned from commencement of subscribers continuous service under Govt. (2) Resignation from service to take up appointment in another department of Central Govt./ State Govt. a body corporate (owned or controlled by Govt.) or autonomous organization, without any break and with proper permission of the Central Govt. shall not be treated as resignation from Govt. service. 37. The relevant maximum amounts for the purpose of advance and withdrawal from the Fund are 3 months and six months pay respectively or half the amount of subscription and the interest thereon, whichever is less.

36.

129

38.

For all other matters e. g., the conditions, purposes, modes of recovery, limits of temporary advances, and withdrawals for special reasons, Deposit- Linked Insurance Scheme provision are similar to those give above under the General Provident fund.

Sanctioning Authority 39.(a) Advance for the grant of which special reasons are not required (Appendix A to GPF (DS) Rules, 1960). (b)Advances for special reasons and final withdrawals from GPF

Head of Office . CE/Zonal CE holding the rank of Colonel or their civilian equivalent and above

(G of 1, Min of Def, letter No, 76919/554/Org-4 (Civ) (d) /2739/D (Civ II ) dated 13 Apr 73 and Corrigendum No. B/88029/Q/MF-2/4450/D (Civ-II) dated 2 July 1979) 40. Authorities Competent to sanction advances for special reasons/final withdrawals from GP Fund will also be competent to sanction the same from IOFWP Fund. (Govt. of India, Min of Defence No. 76919/554/Org-4 (Civ) (d)/11096/D (Civ-II) dated 11 Dec 1973)

FINAL SETTLEMENT OF GPF ON SUPERANNUATION 41. Final settlement paper part I is required to be submitted one year before retirement of employee and part II three months before his/her superannuation. Subscription is to be discontinued three months before superannuation. (M of D Nos. 19(2)/85/D (Civ-II) dated 2 Dec 85)

130 Precis No 1510 Management School SALARY BILLS, INDUSTRIAL PERSONNEL BILLS AND MUSTER ROLLS METHOD OF PREPARATION AND PAYMENT Introduction 1. There are different method of preparation of pay bills of various establishments and payment of wages. The MES have laid down contain methods which are invariably followed throughout India by all MES establishments. 2. This prcis deals with the preparation of salary/pay bills of different classes of establishment in the MES and method of payment.

Establishment 3. In MES the establishment are classified as under :(a) Officer (i) Military. (ii) Civilians - Permanent and Temporary. Subordinates Permanent and Temporary.

(b)

Preparation of Salary/Pay Bills Officers 4. (a) Military No pay bills are prepared. The pay accounts of all army officer are maintained by the Controller of Defence Account (Officers) Poona. Monthly cheques are sent directy by the CDA to the bankers of the officers for credit to their account. Officer are supplied with pay slips showing how the amounts are arrived at. (b) Civilians One consolidated bill in duplicate is prepared (IAFA-35). They are requited to reach the CDA concerned by the 18th of each month or earlier if required by CDA. The CDA audits the bills and issue cheques (not payable before the last working day of the month) to the officers for crediting the amount in their personal accounts.

Subordinates (Permanent & Temporary) 5. Preparation One consolidated bill (IAFA-38) is prepared (in duplicate) for the entire staff permanent and temporary establishments category wise. This is required to reach the CDA concerned by 18th of the month to which it pertains, or earlier if requited by CDA. NOTES:(1) (2) (3) Arrears of pay are not claimed in the monthly pay bill; they are claimed in a supplementary bill. Normal periodical increments are claimed in the monthly bills duly supported by the sanctioned increment certificate. For new arrivals on transfer from other commands or areas, the Last Pay Certificates are enclosed to the pay bill to support the charge; failing this certificate from the subordinate as laid down in Rule 155 of the Financial Regulations, Part I is obtained and attached. Regular monthly deductions on account of provident fund, postal life insurance (PLI), income tax and repayment of advances are carefully watched and made. Where necessary respective schedules are enclosed to the pay bills. In cases where subordinates are living in government accommodation, recoveries on account of licence-fee, water, electric and other such charges are effected regularly. Normally, the UA of the Barrack Stores Officer concerned sends in the rent bill in time to allow the deductions being made , but if in any particular month, the rent bills are delayed, licence-fee for accommodation, which is not fluctuating,

(4)

(5)

131 is recovered provisionally, while water and electric charges are deducted when the exact amount is known. Separate cheques are asked for in respect of subordinates on courses at the CME so that the students are disbursed their pay by about 5th of the following month. Salaries of the establishment, absent on long leave are not included in the monthly establishment bill, unless it is certain that the amount will be disbursed at once. In the case of invalidment from service, salary of the subordinate is drawn upto and for the day preceding that of the Medical Boards Report. In case of death, the pay and allowances are admissible and are drawn for the day of death irrespective of the time of death.

(6) (7) (8) (9) 6

Payments (a) After auditing the pay bills the CDA issue cheques to the State Bank/Treasury concerned for credit to the Public Fund Account(to be opened for the purpose) of the MES officer responsible for disbursement of the bills, Transactions connected with such receipts/disbursements of the bill will be recorded in a separate cash book to be maintained by the MES office concerned on IAFA-125. Undisbursed salaries credited into the Treasury will not be paid out of cash assignments of MES offices. Fresh claims for such payments will be preferred on the CsDA for pre-audit and issue of cheque in accordance with the above sub-para. Payment in respect of miscellaneous claims of MES formations required to be preaudited by CsDA will be made by them direct by cheques and not paid out of the cash assignments held by MES Offices. (b) Monthly fixed pay and allowances of gazetted and non - gazetted civilian employees are disbursed on the last working day of the month except those for the month of March which are to be paid on the first working day of April. Note :- Working Day is deemed to be the day on which the office and the Bank are both open. (G of I, Min of Def, OM No 5(2) 77/D (Civ-I) dated 4 mar 77). (c) The CDA returns duplicate copy of the pay bill duly audited and this is treated as acquaintance roll on which payees signature are obtained at the time of disbursements. Amounts including Rs 500/- and above requires revenue stamp of Re.1/-. (d) Payment to staff on leave who have requested remittance by money orders are so made and the amounts of money order commission are deducted from them. (e) Unpaid amounts are either credited to imprest, subject to usual restrictions, or deposited into the treasury and are also entered in unpaid wage register. Later, when the individual resumes duty payments are claimed on supplementary pay bills from the CDA. When payments are made the unpaid wages register is also completed. (f) Pay and allowances claimed on behalf of a deceased person may after adjusting public claims if any, against him, be paid without the production of legal authorities, as under; (i) Upto Rs 10,000/- payment is made by the officer responsible for the payment after making adequate enquires as to the right and title of the claimant. (ii) If the amount exceeds Rs 10,000/- authority of the Min of Def is required. In case of doubt, payment is made only on production of succession certificate. (E-in-C No 77825/EIC(I) of 27-2-64) (g) Festival advances may be given to the industrial and non-industrial employees before important festivals subject to the following conditions :(i) The number of occasions on which such payment may be given is restricted to one for each community during the course of one calendar year. (ii) The festivals of these occasions may be selected by the local authorities in consultation with the Works Committees/Unions concerned. Members of one community employed in different installations located in the same station select the same. (G of I, M of D Nos 16(38) D/II/49/9937/D (Civ) of 15 Oct 51, 13 (57)52/9887/D (Civ) of 24 Aug 53 and CP (P) 6202/54/5825/D (Civ) of 27 May 55, and E-in-C No 45956/EIC of 2 Aug 55)

132 Casual Personnel 7. Casual (Industrial) Personnel on monthly rates of pay are paid on industrial personnel bill (IP Bill) (IAFW-2258) revised 1956, prepared (in duplicate) monthly on a date fixed by the GE for a period, prior to that date. 8. Casual Personnel paid on daily rates of pay are paid on Muster Roll (IAFW-2255), prepared (in original only) soon after the last date on which labour is employed. NOTE :(1) Normally separate muster rolls are used for different works, but if one is used for several works, the work on which each man is employed is distinguished by a different capital letter to facilitate allocation. (2) The employment of casual labour has now been considerably reduced. With effect from 1 Jul 49 these personnel are taken on only for the purpose and under the conditions laid down in E-in-C AHQ letter No 27595/E8 dated 30 Apr 49 (Appendix A). Specimen daily progress report and statement of stores for IP Bills and Muster Rolls are shown in Appendix B and Appendix C. Audit of IP Bills and Muster Rolls (a) UA attached to GEs office checks and passes IP Bills and Muster Rolls for payment from the cash assignment or imprest of the GE. (b) Technical check of Muster Rolls is carried out by the Surveyors Branch (if not already checked by them) after the payment has been made. Paid IP Bills and Muster Rolls are recorded in the office of the Unit Accountant. Payment of IP Bills and Muster Rolls (a) Normally, all payments are made by an officer or in the presence of an officer. But when this is not possible, the GE authorizes a subordinate in charge of a sub-division to make payments on his behalf. (b) All literate persons are required to sign but illiterate affix their thumb impressions in token of payment having been received by them. The thumb impressions are attested by the paying officers; revenue stamp is affixed where payments exceed Rs 20/Signature of Gp D employees who cannot sign in English or Hindi are also to be attested. Unpaid Wages All unpaid wages whether on IP bills or a muster Roll are entered in the unpaid wages register (IAFW-2259) kept by the Imprest/Assignment holder. Later on when the individuals turn up, the payment is made on a Hand receipt (IAFW-2260) and the columns of the register completed.

9.

10.

11.

Authenticity of Payment Authorities Issued by Defence Account Officer 12. Payment authorities issued by the officer of the Defence Accounts Departments authorizing payments from imprest / assignments or by inclusion in pay bills are not acted upon unless they bear the authenticating special seal (NOT rubber stamp) Payment Authority of the office of the issue. (AO 371/56)

133 Appendix A (Precis No 1510) (Refers para 8) MUSTER ROLL AND INDUSTRIAL PRESONNEL BILLS (Copy of E-in-Cs No 27595/E8 dated 30 Apr 1949) 1. 2. The following orders will take effect from 1 st Jul 1949. On 30 Jun 49, the former AFHQ letter No 7005/E2A dated 11/13 Feb 47 will be considered as cancelled. Casual Personnel will only be engaged for, and the use of Industrial Personnel Bills restricted to the following :(a) (b) Work charge personnel engaged on supervisory or clerical duties or employed as storekeeper, as laid down in para 89 MES Regulations. Industrial Personnel such as authorised permanent gangs employed on work of a permanent or semi-permanent nature e.g., maintenance of buildings, Roads and Installations etc.

All other directly employed labour engaged on a casual basis for emergency maintenance work will be paid on Muster Rolls. With the employment of permanent gangs and Term Contractors, the use of Muster Roll labour will be restricted to inescapably urgent work rendered necessary on account of operational, technical or medical reasons. 3. Complete Industrial personnel Bills and Muster Rolls will always be accompanied by :(a) Progress Reports giving details of the work done by the labour employed. The work done, if measurable, should be costed. (b) Statement of Stores issued (including those obtained from demolition) and used on that work. This statement also should be costed. Forms of Industrial Personnel Bills (IAFW-2258) and Muster Rolls (IAFW-2255) are being revised to provide for progress reports and statements of stores issued in accordance with the orders which follow pending the introduction of the revised forms, these report and statements will be written on separate sheets,. The revision of IAFW-2255 also includes spaces for recording thumb impressions of the labour paid. Details of Progress Reports 4. These will be complied as follows :(a) For personnel employed on IP Bills on the lines of the sample at Annexure A they will be prepared in duplicate one copy being sent to the GE with the completed IP Bills and the other filed by the Supdt Grade I concerned. For personnel employed on Muster Rolls a Daily Report and record of stores issued will be kept in duplicate. Each day by 1000 hrs the completed original report for the previous day will be detached and sent to the GE signed by Supdt Grade I and passed on to the Unit Accountant for attachment to the Muster Roll on completion. The duplicate copy will be filed by Supdt Grade I concerned.

(b)

The progress Report for the Labour employed under a Muster Roll be shown in sufficient detail. The S.A in GEs office shall carry out a percentage check of Muster Roll either before (if time permits) or after payments. It is essential that the recording of progress of works done by labour shall be a day to day record in the pocket book of works Munshi or Supdts Grade II and not a concerted effect at guess work at the completion of the Muster Roll.

134 5. Attention is directed to the various paras in Regulations for the MES relating to this subject, and in particular to the following :Paras 341 to 344 Summary

Employment of DEL is generally uneconomical and is restricted to the cases given; execution of service by DEL costing more than Rs. 2,000/for labour only requires the sanction of the CE etc. 571 to 573 Detailed rules for the compilation and closing of Muster Rolls etc. 550, 551, 571, 573 Detailed rules for the compilation and closing of IP Bills. NOTE : (Para cited as in MES Regs 1968).

6.

The following standing orders are hereby issued :(a) A Central Record of Muster Rolls sanctioned will be maintained by the U.A. (b) Before opening any Muster Roll,an endorsement will be made on the front page giving the description numbers and pay of the staff or labour authorized to be employed there under, and the job on which they will work. This authority will be signed by the GE, or an officer deputed by him for the purpose. Number of Staffs and labours actually engaged and their pay must not exceed such authorization. If during the progress of work the necessity of additional staff and labour becomes apparent, the officers who signed the original authority will similarly give his written approval before any extra staff or labour is employed. (c) When Muster Rolls include one or more inner sheets, the outer and inner sheets will be sewn together and pay numbered consecutively to prevent additional sheets being inserted later or any inner sheets being lost or destroyed. The inner sheets will be initialed by the officers sanctioning the employment of labour. Completed IP Bills will be endorsed at the time of completion with the following certificate :Certified that the personnel named on this Bill attended the work continuously for 8 hours for the period for which pay is claimed except for Sunday and gazetted holiday and authorized absence on account of leave or sickness. Signed Supdt. Grade I

(d)

Date

Date Countersigned .. GE/EE/AGE. (e) Muster Rolls will be periodically checked at site by GEs/EEs/AGEs/ Supdt, grade I and initialed at the time of check, at the following intervals at least :(i) (ii) When labour is mustered by Supdt Gde I/Gde II twice/weekly, and by the GE/EE/AGE once weekly or four times in a calendar month When a labour is mustered by Supdt Gde. II by a Supdt Gde. I by AGE once weekly, and by the GE/EE or an officers deputed by him once fortnightly or twice in a calendar month. At the discretion of the GE/EE these checks may be reduced by one-half in the case of labour employed at out stations or long roads outside cantonments.

(f)

GEs/EEs are held personally responsible that these orders are complied with and they should carry out occasional surprise checks at site.

NOTE :-In far away out stations where the checks stipulated above cannot be enforced, frequency of checks are laid down by CEs. (E-in-C No 27595/E8 of 13 Mar 56)

135

Appendix B (Precis No 1510) (refer Para 8) SPECIMEN PROGRESS REPORT AND STATEMENT OF STORES FOR IP BILLS NOTE :The rates of pay, number of employment and quantities of stores mentioned below are imaginary and are given by way of illustration and not as a guide. Dated ending Sub Division ..

Industrial Personnel Bill No .. .. For the period of . Division .

Progress Report 1. (a) Pune Military Hospital Project Detailed supervision of work on Contract No .. Including daily check of contractors labour, checking of MES stores etc. Works Munshi 1 for one month .. Rs. 750 pm Stores Clerk 1 for one month .. Rs. 750 pm Maintenance of water supply installations, Garmanager Cantt. (Add lines or buildings etc. if considered desirable). General Maintenance, including working pumps, emptying and cleaning service reservoirs, repairs to bursts and leaks in pipes and stand posts, opening and shutting main valves, patrolling, renewing valves, bibcocks, etc. All employed for one month Chargeman 1 .Rs. 750/- p.m. Pump attendants 2 .Rs. 750/- p.m. each Fitter 1st class 1 .Rs. 750/- p.m. nd Fitter 2 class 2 .Rs. 750/- p.m. each Valveman 1 .Rs. 750/- p.m. Mazdoor 8 .Rs. 750/- p.m. each Statement of Stores Issued 2. (a) Not applicable, issue accounted for on Project Construction Accounts, etc. (b) Indent No Date Stock a/c Stores in Hand Ledger No Page Description Qty Pumps and Plant :9327 2/7/49 II 32 Crude Oil 150 Gallons 9328 3/7/49 II 40 Grease 5 lbs. 9329 3/7/49 II 53 Lubricating Oil A 100 Gallons 9341 17/7/49 II 32 Crude Oil 100 Gallons External Maintenance :6241 3/7/49 6231 3/7/49 6243 5/7/49 62343 5/7/49 62348 8/7/49 62349 8/7/49 III III III III III III 12 15 30 38 53 47 Water tubing G.I.1 Water tubing G.I. Bib Cocks, brass x Bib Cocks brass Collars C.I. tees G.I. Sec. 1 80 rft. 20 rft. 10 Nos. 2 Nos. 2 Nos. 2 Nos. (b)

Supdt I (B &R/E & M) GE/EE/AEE Place Date ...

136

Appendix C (Precis No. 1510) (refer Para 8) SPECIMEN DAILY PROGRESS REPORT AND STATEMENT OF STORES FOR MUSTER ROLL (Gangs employed on petty maintenance jobs) NOTE :-The numbers of employees and qualities of stores mentioned below are imaginary and are given by way of illustration and not as a guide. Sub Division Kirkee East. Muster Roll for period 1-7-49 to 31-7-49. Date : 1-7-49. Labour present Work done X lines (Hutments) Nos. 4 & 6 1 1 1 1 8 Stores in Hand Ledger No. pages Stores used description Qty

Regular Gang :Carpenter 1st Class Carpenter 2nd Class Bricklayer Blacksmith Coolies Casual gang :(for earth work) Mate 1 Nos 2 and 3 cook Houses I refixing and partial renewal of 2. 6 P sheet iron chula hoods 45 Copper rivets 2 Doz Resecuring rechanging Doors Windows Tent Plinths and fire Fire Places Patch rep to bwk of 4 Nos at NE corner 6 I 3 I II II 22 25 50 60 65 40 Screws 1 1gr. Wire nails B. Bricks Cement cwt. lb.

Sand 4 cft. Plain MS sheet 8 Sq. ft.

Coolies

Earthwork :Filling up depressions and corrosions at NW end of parade ground embankment 800 cu. Ft. approx.. .. Supdt. I (B & R/E & M) GE/EE/AGE Date. Sub Division Kirkee East. Muster Roll No for period 1-7-49 to 31-7-49 Dated 2-7-49.

137

Precis No 1511 Management School REPORTS AND RETURNS Introduction 1. Reports and returns are rendered to keep the Government head of Departments/Formations and other authorities concerned informed of the latest position of the various establishments, installations and other events. This precis deals with the necessity for correct and punctual submission of reports/returns, their classification and method of compilation.

2.

Necessity for Correct and Punctual Submission 3. To fulfil the purpose set out in para 1, reports and returns are correctly compiled and submitted by due date. Incorrect compilation defeats the aim and leads to wrong decision while late submission leads to decision based out of date information. All officers/subordinates responsible for submission of reports/returns should therefore exercise constant vigilance over correct and timely submission of reports and returns.

Classification 4. Reports/Returns are classified into four classes :(a) (b) (c) (d) 5. 6. Regimental Staff Departmental Special

Regimental, Staff and Departmental Reports/Returns are extracted from the 3 lists issued separately vide AI 1581/46. They are normally published in Command Orders and amendments are notified annually or at such less intervals as necessary. To exercise proper control over correct and punctual submission, consolidated lists of reports/returns (shown in Appendices A and B) are maintained section wise. These lists are displayed in a prominent place in each section. The Office Supdt/UDC is made responsible for correct and punctual submission. The head of the office or the officer deputed by him exercises periodical check.

Compilation 7. All concerned invariably study and adhere to the printed instructions on the report/return itself or on the cover (if forms are bound in pads) or special instructions concerning the submission of a particular report/return. Point to be Borne in Mind 8. Following Points must be ensured :(a) (b) (c) (d) (e) Use of prescribed form. Accuracy in compiling. Legible writing. Punctual submission. Avoiding use of rubber stamp signatures.

Common Limits 9. (a) (b) Ignorance of orders. Oversight.

138 (c) (d) Wrong addressing. Alleged loss in post.

139

Appendix A Precis No (1511) (refer para 6) LIST OF REPORTS/RETURNS RECEIVED Section Office of Sr. No. Title of Report/Return Form No From whom due Date of reach To whom submitt ed Date to reach higher authority Authori ty for reports/ returns File No. Remarks

On occurrence

Weekly

Fortnightly

Monthly

Quarterly

Half Yearly

Yearly

Appendix B

Appendix 'B' (Precis No 1511) (refer para 6) LIST OF REPORTS/RETURNS RENDERED Section Office of Sr. No. Title of Report/Return Form No To whom Date due out Distributi on Authority File No. Remarks

140

submitted On occurrence

Weekly

Fortnightly

Monthly

Quarterly

Half Yearly

Yearly

141 Precis No. 1512 Management School TRAVELLING DAILY AND CONVEYANCE ALLOWANCES Introduction 1. An individual is allowed travelling, daily and conveyance allowance, on move on duty, in accordance with his grading, nature of move and duration of halt. 2. This precis deals with the classes of moves, grading of personnel, class of rail accommodation, number of allowances admissible for various classes of moves, carriage of personal effects, daily allowance for halts and conveyance allowance.

Definitions 3. Duty Duty means journey, performed in the interest of the public service and not at the request or for the personal convenience or in consequence of the misconduct of the individual. Competent authority may permit an individual transferred for misconduct to travel on duty. (TR 2). 4. Family Family includes individuals wife, or husband, parents, sisters, minor brothers, children legitimate and adopted (legally) (Including major sons, married / widowed daughters), step children and step mother residing with and wholly dependent upon the individual. (TR 2). NOTE :-The term wholly dependent used above denotes that the dependents income from all sources, including pension (inclusive of temporary increase in pension and pension equivalent to death-cum-retirement benefits) does not exceed Rs. 2500/- per month. Conveyance Allowance It is a fixed allowance granted monthly to a government servant whose duties necessitate extensive travelling within a radius of 8 KM from permanent station who habitually travel more than 8 KM daily on duty (TR 222,223). Conveyance The terms means conveyance at Public expense by Sea, Rail, Road or Air, unless otherwise stated. (TR 2)

5.

6.

Classes of Moves 7. Moves are of two types :(a) Temporary (b) Permanent and are defined in precis No 1523, Authorities competent to sanction moves and method of calculating, joining time are given in precis No 1523. CIVILIANS 9. Entitlements for travel by Rail Pay Range Shatabdi Express Rajdhani Express Rs. 16,400 and above Executive Class AC First Class Rs. 8,000 to 16,399 AC Chair Car AC 2-tier Rs. 6,500 to 7,999 -doAC 3-tier Rs. 4,100 to 6,499 Below Rs.4100 -do-doAC 3-tier -do-

Other Trains AC First Class AC 2-tier First Class/AC 3-tier/AC Chair Car First Class/AC 3-tier/AC Chair Car Sleeper Class

142

NOTES :(1) Personnel of all grades will be entitled to reimbursement of reservation charges for seat (for a day journey) and sleeper berth (for night journey) in addition to fares for the second class. (2) Civilians entitled to travel in first class and their families may travel in air conditioned chair car or Rajdhani Express. (TR 57). (3) Civilian officers paid from Defence Service Estimates in receipt of actual pay of Rs. 16,400/- p.m. and above are entitled to travel by Air within Indian limit at their discretion. However, Civilian officers drawing pay between Rs, 12,300/- and Rs. 16,400/- p.m. may also travel by Air ,if the distance involved is more than 500 Kms and the journey cannot be performed overnight by a direct train service/ direct sleeper coach service. (TR 62, 108 and Min of Fin OM No 19030/5/86-E-IV dt 19 Mar 87) and (Min of Fin (dept of Expenditure) OM No 19030/5/86 E IV 26 Nov 86). Daily Allowance 10. The term means an allowance for absence from HQ/permanent duty station which is intended to cover the ordinary daily charges incurred by the individual in consequence of such absence. (TR 2). Mileage Allowance 11. The term means an allowance calculated on the distance traveled which is given to meet the cost of particular journey. (TR 2). Admissibility of Daily Allowance 12. In addition to the facility of travel at Govt. expense for journey by rail/ sea/air, as the case may be, and road mileage for journey by road, a Govt. servant shall draw :(a) In the case of temporary duty move, one DA for each completed calendar day of absence reckoned from midnight to midnight for the entire absence from Headquarters starting with departure from and ending with arrival at HQ to cover both on the way expenses and expenses for halt at outstation. (TR 114). In the case of permanent duty move, one daily allowance for himself and such member of family for every completed day occupied in journey from residence reckoned from midnight to midnight, Children below 12 Years are allowed half the rates for adults (TR 59).

(b)

13.

For the period less than 24 hours on any Calendar day, the daily allowance is admissible as under (for journeys other than local journeys) :up to 6 hours Exceeding 6 hours but not exceeding 12 hours Exceeding 12 hours Nil 70 % of normal rates Full daily allowance

(Min of Def OM No B/89621/II Q MOV C /6886/D (Civ-II) dated 4 Sep 1978). 14. For the time spent in journeys, only ordinary rate of DA as given in Table A TR Rule 60, is admissible. (See para 15).

143 Rates of daily Allowance 15. The rates of Daily Allowance will be as follows :(a) When the Govt servant avails of Govt or public Sector Guest House at concessional rates or makes his own arrangements :1 Pay Range 2 A-1 Cities Ordy Rs. Rs.16,400 and above Rs.8,000 to Rs.16,399 Rs.6,500 to Rs.7,999 Rs.4100 to Rs.6,499 Below Rs.4100 260 230 200 170 105 3 4 5 Class A-Class Cities and B-1 Class Cities and Other Specially expensive Localities Localities expensive localities Hotel Ordy Hotel Ordy Hotel Ordy Hotel Rs. 650 505 380 245 125 Rs. 210 185 160 135 85 Rs. 525 405 305 195 100 Rs. 170 150 130 110 70 Rs. 425 330 250 160 85 Rs. 135 120 105 90 55 Rs. 335 225 200 130 65

(TR Rule 60 and G of I, Min of Fen, Deptt of Expenditure OM No 19030/5/86 E IV dated 19 mar 1987 and No 19030/5/86 E- IV date 24 Nov 86) 16. 17. For journeys performed by sharing / taking single seat in a taxi, scooter, entitlement will be the actual share limited to road mileage allowance as admissible. For journeys on bicycle/feet, the road mileage will be 60 paise per km. (TR 61, Note 1 and Min of Fin (Deptt of Exos ) OM No 19030/4/87 dated 29 Jul 87).

Journey on permanent Duty Civilians 18. For journeys on permanent duty a civilian is entitled to the following :(a) Conveyance (i) A composite transfer grant equal to one months basic pay (ii) By rail One fare of the entitled class as given in para 10 for self, one fare for each adult member of the family and half fare for each child when such fares are actually paid, or fares for the class of accommodation actually used whichever is less. For journeys by modes other than rail, the actual expenditure/road mileages/rail fare of the entitled class, whichever is the least. (iii) By Air Actual fares paid, if authorized. If not authorized, the actual fare paid or entitled by rail (if places are connected by rail), whichever is less. If places are connected by road only, then air fare actually paid or road mileage whichever is less.Between places connected by sea within Indian limits air fare actually paid or steamer fare of the entitled class, whichever is less.

(iv)By Road One mileage allowance for self plus one mileage if two members of family accompany the officer and one more mileage if more than two members accompany him at the rates as applicable. (v) Cost of transportation of personal effects from residence to residence. (vi) Cost of transportation of conveyance possessed by the employer.

144 (b) Daily allowance See para 13. (c) Rates of lumpsum transfer grant and packing allowance Packing allowance (Rs) 1500 1200 900 600 600 450

The rates admissible are as follows: Pay Range Lumpsum transfer Grant (Rs) Rs. 16,400 and above 4000 Rs. 8,000 and above but less than 3000 Rs. 16,400 Rs. 6,500 and above but less than 1500 Rs. 8,000 Rs. 4,100 and above but less than 1000 Rs. 6,500 Rs. 3,550 and above but less than 600 Rs. 4,100 Below Rs. 3,500 450 (d)

(i) transportation of personal effects between places connected by rail:- A Government servant carrying goods by road between places connected by rail can draw actual expenditure on transportation of personnel effects by road or the amount admissible on transportation by railway and an additional amount of not more than 25 percent there of, whichever is less. (ii) Transportation of goods between places not connected by rail :The allowance for carriage of personnel effects between places connected by road only will be at the following uniform rates, subject to existing conditions :-

Pay Range

A-1 , A and B-1 Other places Class Cities Rs. per Km Rs. Per Km Rs. 16,400 and above 30.00 18.00 Rs. 8,000 and above less than Rs. 30.00 18.00 16,400 Rs. 6,500 and above less than 15.00 9.00 Rs.8,000 Rs. 4,100 and above less than Rs. 7.60 4.60 6,500 Rs. 3,350 and above less than 7.60 4.60 Rs.4,100 Below Rs.3,350 6.00 4.00 (iii) In partial modification of SR 116 (A) I (II) (3), it was decided that Government servants on their transfer may be allowed the actual cost of transportation of their motor car by rail at railways risk, the other terms and conditions, for drawl of actual cost on transporting the motor car by rail shall remain unchanged. (Min of Fin, Deptt of Expenditure OM No 19018/2/87-E IV dt 18 Feb 88). When Both Husband and Wife are Central Govt servants 19. In such a case when both are transferred at the same time or within six months from on and the same old station to the same new duty station, TA is admissible to only one of them , The other will be treated as a member of his/her family not in Government employment. Necessary certificate prescribed in TR 82 to the effect that the other has not claimed already any transfer traveling allowance is to be rendered with the TA claim, (TR 82).

145

Additional fare by the entitled class to Government Servant on Transfer 20. An employee will be entitled to an additional fare by the entitled class for both onward and return journeys, in addition to the normal transfer. T.A. entitlement, if he has to leave his family behind because of non availability of Government residential accommodation at the new place. (Min of Fin (Deptt of Exps) OM No 19030/5/86 E-IV date 24 Nov 86). Families Moving Apart from Head of Family 21. When an entitled member of family moves, consequent on transfer from old duty station to a station other than the new duty station or from other than the old duty station to the new duty station, he is entitled to the actual fare paid limited to fare of the entitled class. (TR 85). Lien on Conveyance on Permanent Transfer 22. A family entitled to conveyance within Indian limits may proceed or follow the head of the family provided on journey is undertake within six months of all the date on which the head of the family moves. Such family will be regarded as accompanying him. The same is valid for transportation of personal effects and private conveyance also (TR Rule 16). NOTE :An individual who send his family in advance does so at his own risk. Claim for family conveyance will not be admitted finally in audit until the head of the family actually moves. This also applies for sending of personal effects. 23. In special cases, a competent authority may sanction an extension of time limit up to a maximum of one year. (TR Rule 16).

Temporary Duty Moves 24. Definition of Temporary Duty Except when other wise specifically stated , any move on duty which as per the expectation of the order authority is that the individual shall do duty in the station to which his move is ordered for a period of 180 days or less than 180 days, will be classified as temporary duty. NOTE :- Move of an individual in pursuance of a tour of inspection will remain classified temporary irrespective of the duration of the tour. Travel by Rajdhani Express 25. Officers entitled to travel by Air Conditioned first class are entitled to travel by AirConditioned First Class by Rajdhanin Express. Those who are entitled to travel by First Class in other trains are entitled to travel by Air conditioned Chair Car /AC 3Tier (TR 95).

Entitlement for Temporary Duty 26. A Civilian deputed on temporary duty is entitled to the following :(a) Road mileage from duty point to Railway Station / Bus Stand and Railway Station/ / Bus Stand to duty point at both the HQ and temporary duty station. (b) Fare for the entitled class by Rail/Air/Sea or fare for the class of accommodation actually used whichever is less. (See para 10, 17, 32, 33 and Note (4) below para 10) (c) Road mileage as in para 18 above for journeys by road limited to fare of the entitled class by between places connected by rail. (see paras 18-20 above).

146

NOTES :fare.

(1)

In case of an officer entitled to travel by AC first class under TR Rule 94.The road mileage will be limited to First Class Rail

(d) 27.

Road mileage is not admissible for local journeys performed at outstation. (TR 111) DA for journey period and halt at rates in TR Rule 60,as admissible.

(2)

The competent authority may permit road mileage for a journey performed by motor car between places connected by rail when satisfied that public interest was served by the road journey which would not have been served had the individual traveled by rail, such as, the saving of public time, or, inspection work en-route, etc.

Daily Allowance on Temporary Duty 28. One Daily allowance only is admissible in respect of halts on any day on which the individual is entitled to such allowances : (TR 114) 29. Where the second temporary duty begins on the same day on which a Govt servant returns from first temporary duty, each day is treated separately but DA calculated separately for such temporary duty on any calendar day shall not exceed one daily allowance (Half DA for local journeys ) (G of I, Min of Def, letter No B/89621/Q Mov C/3826/D (Mov) dated 3 Aug 1976 Daily allowance will not be drawn for any day on which an individual does not reach a point outside a radius of 8 Kms. From the duty point. On day(s) when an individual on temporary duty is provided with free board and lodging, he will draw only DA for that (those) day(s). If he is provided with free board he will draw DA for that (those) day(s). if he is provided with only free lodging, he will draw DA for that (those) day (s). NOTES :(1) An individual who stay at Circuit House /Inspection Bungalow / Rest House etc. without having accommodation but has to pay obligatory charges for services such as water, electricity, furniture scavenging etc, on account of stay, he will not be deemed to have obtained free accommodation. (2) Improvised accommodation provided free of charge in a tent or temporary structure of any sort in locality where regular accommodation is not available, will not be treated as free lodging (TR 114) (3) The principle of stay in a hotel/establishment charging scheduled tariff and rates of DA in a Table (8) under TR Rule 60 also apply in case of stay in railway retiring rooms. Limit for Grant of Daily Allowance for Days of Halt 32. Admissibility of daily allowance of continuous halts at places outside, Govt servants has during tour / Temp transfer / for attending a course where boarding and lodging are not provided are as follows :(a) (b) 33. 34. First 180 days Beyond 180 days Full daily allowance Nil

30. 31.

DA at half rates are admissible upto 180 days where temp duty is performed by Govt servant locally. In case where prolonged stay is envisaged at the duty station beyond 180 days, the appropriate course would be to issue the necessary transfer order.

147 Min of Fin (Deptt of Exps) OM No 19030/5/86-E-IV Dated 12 Dec 86) Local Journeys 35. Local journey is a journey performed on duty beyond 8 kms within the limits of the urban agglomeration/Municipality notified area, Cantonment, contiguous municipality / Corporation / City in which the headquarters of a Govt servant is located. 36. 37. Daily allowance, in case of local journey, is admissible at half the rates given in para 14 in addition to road mileage. TA for local journeys is admissible if temporary place of duty is beyond 8 kms, form the normal place of duty irrespective of whether journey is performed from residence or normal place of duty. (G of I, Min of Def OM No B/89621/II Q MOV C/6886/D(Civ-II) dated 04 Sep 78) Local journeys should be performed in the same way as the Govt servant performs his journey to duty point, viz bus local train, his own conveyance. When special means are considered necessary (i.e., taxi, scooter etc), prior permission of superior authority is required, if more than one person is deputed to the same point, they should share hire charges. The bus/rail fare or mileage allowance for actual distance or distance from duty point to duty point, whichever is less, will be admissible. Normal amendment to the TRs will be issued in due course. (G of I, Min of Def O.M. No B/89621/Q/II/ MOV C/3571/D (Civ-II) dated 01 Jul 1980)

38.

Actual Presence in Camp Required for Drawal of Daily Allowance 39. Whereas Daily Allowance is admissible on holidays occurring during temporary duty, it is not admissible on restricted holidays and casual leave availed of by the individual. However, if he takes half days casual leave permissible under the rules half DA is admissible. (TR 114(vii)). 40. DA is not admissible for any day whether Sunday or holidays unless the officer is actually and not merely constructively in camp. (TR 114(ix)).

Reimbursement of cancellation/Reservation Charges 41. Reimbursement of cancellation and reservation charges for journeys cancelled in public interest shall be made to the Govt servant directly by the department / office concerned (also for members of family). Reservation and Telegram Expenses 42. Reservation and Telegram expense charges levied by the Railways in connection with reservation accommodation in trains for onward and / or return journeys will be reimbursed to Govt servants. (G of I, M of Def OM No B/89621/II/Q/Mov C/6886/D(Civ-II) dated 04 Sep 1978). is involved, as per TR Rule 125. DA is not admissible Air Travel 44. An individual not entitled to air-travel under normal rules, may be authorized to travel by air by a competent authority when urgent and necessary in public interest. (TR 62(b). Note:- Competent Authority for the above purpose is Head of Branch at Army HQ (for persons serving at Army HQ) and GOC-in-C/Area Commander/Sub Area Commander for personnel serving within their jurisdiction.) 45. Air travel is not admissible for journeys to receive medical attendance / treatment irrespective of whether or not individuals are entitled to travel by air on official duty at their discretion. (TR 108)

148 46. Individuals may travel by air between Kolkata and Agartala instead of by the surface route (both on permanent and temporary duty. ( TR No 39, Note 3).

46 A. Certain grades and stations between which air travel may be performed by them on temporary duty are given in TR 39. 47. Travel by IInd A C, 2 Tier All government servants who are entitled to travel by I Class/A.C Chair Car, may at their discretion, travel on tour/transfer by II A.C, 2 Tier, where any of the direct trains connecting the two stations by the shortest route, has no provision for I Class or A. C. Chair Car. (Min of Fin., Dept of Expd OM No 19027/a/86-E-IV dated 13 Jan 1987)

General 48. When an individual adopts a mode and / or a class of conveyance other than to which he is entitled reimbursement will be limited to the actual fares paid by him or the cost that Government would have incurred had the person availed of the authorized mode and class of conveyance, whichever is less. (TR 35). 49. 50. 51. 52. Families are entitled as per the head of the family. (TR 13) Main Route means the most convenient route usually taken by the traveling public. (TR- 2) The Shortest route is that by which the traveler can most speedily reach his destination by the ordinary modes of traveling adopted by the general public. (TR 39) No TA is admissible to a member added to the family after the date of transfer of the individual (Note below TR 16 (ii) (b))

Advance of TA/DA 53. Advance of TA/DA is admissible and can be drawn before leaving the station on temporary duty/permanent transfer if it exceeds R. 50/- (TR 17) Permanent Traveling Allowance 54. a permanent traveling allowance may be granted by the Govt to an individual whose duties require him to travel extensively. Such an allowance is grated in lieu of all other forms of traveling allowance for journeys with the individual sphere of duties. (TR 221). 55. 56. The rate are as laid down from time to time. For conditions of grant and eligibility and Conveyance Allowances for MES Personnel, are laid down in TR Rules 222, 225 and 229.

Travel by Bus Clarification 57. Where more than public road transport is available such as ordinary bus, express bus, deluxe/super de-l,ux, air-conditioned bys, the entitlement will be as follows :(a) Between Places Connected by Rail A Govt servant traveling by road between places connected by rail may travel in any type of bus, in any class and draw the fare actually paid, limited to the rail fare of the entitled Class, (See also Para 34 (c). Note 1) Between Places not Connected by Rail (i) Persons who are entitled to travel by First Class on Rail By any type of bus including super-de-lux, de-lux, express but excluding aircondition bus. Officers entitled to travel by AC First Class on rail tour may, however, travel by Air-Conditioned bus, if available, on tour only.

(b)

149

Other personnel - By ordinary bus only. Where there are two classes on bus, individuals at (i) above may travel by higher class. But others are eligible to travel in lower class only. TA on Retirement to Civilian Govt Servants/Families of Deceased Government Servants. 58. A retired Government servant/family of deceased Govt. servant is eligible for reimbursement of all charges for self and all family members as admissible for move on permanent duty, such as fares of the entitled class, DA for journey, transfer grant, transportation of personal effects, mileage allowance from residence to Railway Station/Bus Stand at both ends. transportation of private conveyance. (G of I, Min of Def OM No B/89621/II/Q Mov C/8452/D (Civ-II) dated 9 Sep 1974, and OM No B/89621/II/Q Mov C/6886/D (Civ-II) dated 4 Sep 1978) The concession is admissible from the last duty station to the selected place where they are to settle down permanently even if it is other than their declared home-towns. (AI 76/77) The time limit for performance of journey to home town/selected place of residence for retired servant/family of deceased Govt. servant has been raised to one year (from the existing limit of 6 months) with effect from 01 February 1978) (G of I Min of Def. OM No B/89621/II/Q Mov C/6886/D (Civ-II) dated 4 Sep 1978)

(ii)

59.

60.

Travel concession to Government Servants During Leave (CCS(LTC) Rules,1988). 61. Central Civil services Rules ,1988(Leave Travel Concession)is admissible to Civilians of all grades including deputations, industrial and work-charged staff re-employed officers on completion of one year and officers employed on contract basis ( if period of contract is for more than one year) NOTE :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.

62.

The concession is not admissible to persons who are :(a) (b) Not in whole-time employment of Government Paid form contingencies.

Frequency of Entitlement 63. (a) To Home Town (i) The concession is admissible once in a block of two calendar years starting from the block of the consecutive years 1956 and 1957, subsequent blocks of 2 calendar years being 1958-59, 1960-1961 and so on. In case of industrial and work-charged staff, the concession took effect from the block years 19601961. The concession covers Govt, servants and their families and defined in TR Rule 2 (see Para 4 of this precis) (ii) A Government servant whose family is living away, can avail of the concession for himself alone once every year during each block for visiting home town. (iii) A Government servant and his family who are unable to avail of the concession during a particular block of two year may be permitted to avail of the concession before the end of the first of the next block, after which it is treated to have lapsed. (iv)When return journey falls in the succeeding calendar year, the concession should be counted against the year in which the outward journey commenced.

150 (b) To any Place in India (i) Once in a block of four calendar years commencing from the year 1974, Government servants are entitle to avail of leave travel concession for journeys to any place in India. If not utilised during any block of four years, it can be carried forward to the first year of the next block of four years. (ii) Individuals entitled to leave travel concession for journeys to their home town are eligible for the concession to travel to any place in India only once in a block of four years but it will be in lieu of and adjusted against, the leave travel concession to the tome town including the concession, if any, carried forward to which they may be entitled at the time of journey to any place in India is undertaken. Further such employees will be entitled to carry forward the concession to travel to any place in India only if they are entitled to a carried forward leave travel concession to home town for that year. Home Town means town, village or a place declared as such by the Government servant and accepted by the Controlling Officer. A Government servant is required to make a declaration for home town within six months from the date of entry into Govt. service. The Home Town once declared and accepted by the Controlling Officer shall be treated as final. In exceptional circumstance, Head of Department may authorize a change in such declaration provided that such a change shall not be made more than once during the service of a Govt servant. Where both husband and wife are in Central Government service, the couple should be treated as a single family unit.

64.

65.

Govt Servants and Family are Independent Units. 66. Govt servant and his family members may travel either independently or together as may be convenient. The members of the family may also travel together or separately in different groups at different times. The concession would be available for different groups during the currency of the block in respect of which the first group performed its journey. Carry forward of Leave Travel Concession is permitted, even if one group has availed of it during the block period itself by other groups who have not availed of the concession. 67. 68. Reservation charges for First Class and Sleeper/reservation charges for Second Class are reimbursable. The family members are entitled to the concession irrespective of the fact that the Govt servant may or may not proceed on leave (see also Para 66)

Weighted/Assumed Fares 69. For journeys actually performed by Super Fast Express Trains, the Special Supplementary/Charges lied by Railways are admissible. 70. A journey may be performed by Rajdhani Express but entitlement would be limited to what would have been reimbursable had he traveled by the entitled class in any other train.

One-way Journeys LTC 71. Leave travel concession will be admissible to members of a government servants family with reference to the facts existing at the time of forward and return journeys independently. The following types of cases are given by way of illustration :(a) Entitled to Reimbursement for Outward Journey only

151 (i) (ii) A dependent son/daughter getting employment or getting married after going to home town, or remaining there for prosecution of studies. The family after having performed the journey to home town, have no intention of completing the return journey from home town, provided the Govt servant foregoes the concession in writing.

(b)

Entitles to Reimbursement for Return Journey (i) A newly married wife coming from home town to headquarter or wife who has been living at home town and did not avail herself of the leave travel concession for outward journey. (ii) A husband of the female Govt servant who marries at the home town after coming thereon LTC for herself (iii) A dependent son/daughter returning with parents or coming alone from home town where he/she has been prosecuting studies or living with grant parents, etc. (iv) A child who was previously below 3/12 years but has crossed this age at time of return journey. (v) a child legally adopted by a Govt servant while staying in the home town.

Certain Clarifications Relating to LTC for visiting any Place in India. 72. Certain clarifications relating to leave travel concession for visiting any place in India re reproduced in Appendix A to this prcis. Auth : Min, of Home Affairs (DPAR) OM 31011/2/75-Est (A) dated 3 Feb 79).

152 Appendix A (Precis No 1512) (Refer para 72) LEAVE TRAVEL CONCESSION TO CENTRAL GOVERNMENT EMPLOYEES CLARIFICATIONS AND DECISIONS RELATING THERETO 1. Certain clarifications relating to LTC for visiting any place in India, given by the Ministry of Home Affairs (Department of Personnel and Administrative Reforms) Office Memorandum No 31011/2/75-Est(A) dated 03 Feb 79. Is the concession to visit any place in India an additional benefit to those who are already entitled to LTC to home town ? No. In the case of Govt servant who are already entitled to LTC to home town the concession to visit any place in India is in lieu of, and to tbe adjusted against the LTC to home town to which a Govt servant is eligible at the time of undertaking the journey to visit any place in India, including the concession carried forward, if any. As already stated under item (1) above, the LTC to visit any place in India, if availed of by a Govt servant who is entitled to LTC to home town will be adjusted against the LTC to home town available to him at the time of undertaking the journey. Therefore, if a Govt servant has already availed of the LTC to home -town in respect of, say the block of 1978-79, he cannot avail of the concession to visit any place in India till the end of 1979 because there is not LTC to home town admissible to him which can be adjusted against the LTC to visit any place in India,. He can avail of the concession to visit any place in India only when he becomes entitled to the next block year of LTC to home town Viz. 1980-81. The surface journey to the nearest port will be regulated under the normal LTC Rules and the sea passage will be regulated in accordance with the provisions of SR-40.

(1)

(2)

Can a Govt .servant who has already availed of LTC to visit home town in block of two years avail of the concession to visit any place in India within the same block of two years or should he wait for the next block of two years?

(3)

(4)

How will the claim of a Govt servant be regulated when he visits a place like Port Blair in Andaman and Nicobar Islands under the concession to visit any place in India? Whether a Govt servant should intimate to the Controlling Authority before the commencement of the journey, the place he or his family member(s) intends to visit and also actually visit that place under the LTC to visit any place in India.

(5)

Yes. Whenever a Govt servant proposes to avail of LTC to visit any place in India in a block of four years place either for himself and/or a member/members of family, he has to declare the intended place of visit as and when the concession is proposed to be availed of by the Govt. servant and/or members of his family. After the intended place of visit is declared, he and/or member/members of his family, as the case may be, must visit that place in order to be eligible for making the claim. While the Govt servant and/or member/members of family is/are free to go by any route to declared place of visit, the claim will be regulated with reference to the shortest direct route on a through ticket basis between the headquarters and the declared place of visit. Is the concession to visit any Yes, provided they complete one years continuous place in India admissible to service and the appropriate administrative authority Govt. servants employed on certifies at the time of Govt servant concerned avails of contract basis? the LTC to visit any place in India that he is likely to

153 continue to serve under the Central Govt. for a period of 4 years from the date of his joining the post under the Central Govt. The Block of 4 years will be reckoned from the actual date of joining the post under the Central Govt. If an officer of a State Govt. is entitled to LTC to visit home town in accordance with the provisions in this regard, he can utilise this concession either to visit his home-town or exchange it for the concession to visit any place in India. Subject to the condition that the administrative authority concerned should certify that he is likely to serve the Central Govt. for a period of 4 years. If the officer concerned is not entitled to LTC to home town being within the minimum distance provided in this regard, he can avail of the LTC on account of the home town to visit any place in India only if the appropriate administrative authority certifies that he is likely to serve the Central Govt. for a period of 4 years reckoned from the date of his joining the Central Govt. A re-employed officer can also avail of the concession to visit any place in India provided he completes one years continuous service after re-employment and the administrative authority certified that he is likely to serve for a period of four years from the date of his initial re-employment. In case of re-employment immediately after retirement without break, the period of re-employment service may be treated as continuous with the previous service for the purposes of LTC and the concession allowed for the re-employed period, provided the concession would have been admissible to the re-employed officer had he not retired. Thus, if an officer has availed of the concession to visit any place in India in respect of a block of four years before his retirement and he is re-employed without any break, he would not be given further concession till the expiry of the particular block of four years. As already stated, a Govt servant has to declare the place(s) of visit with reference to which he and/or a member/members of family will avail of the concession to visit any place in India. Once this is done, the claim will be regulated as between Headquarters and the place(s) indicated by Govt. servant by the shortest direct route. The actual claim will be limited to the amount that would be admissible if the officer had travelled between the Headquarters and the declared destination by the shortest direct route in the class of accommodation actually used by purchasing circular tour ticket or by the entitled class, whichever is less. Yes.

(6)

What is the position regarding admissibility of LTC to visit any place in India to State Govt servants on deputation to Central Govt?

(7)

What is the position regarding eligibility of re-employed officer to the concession to visit any place in India.

(8)

How will the claim of a Govt servant under the LTC to visit any place in India be regulated if he purchases a circular tour ticket?

(9)

Will the definition of the family applicable for the purpose of LTC to visit home town apply to the LTC to visit any place in India?

154 2. (1) The following decisions of the Government of India in regard to LTC are also brought to the notice of all concerned :Change of the declared place of visit after its being intimated to the controlling authority. The declared place of visit can be changed if a Govt. servant so desires with the approval of the Controlling authority, before the commencement of the journey. The declared place of visit cannot be changed after the commencement of the journey. Exceptions can, however, be made where it is established that the request for change in the place of visit could not be made before the commencement of the journey owing to circumstances beyond the control of the Govt servant concerned. This relaxation can be allowed by the administrative Ministry/Deptt or by the Head of Deptt in the case of other and the claim allowed. Travel to different While availing of LTC to visit any place in India, the Govt. places by the Govt servant and/or members of his family may visit the same place, servant and members of or different places of their choice. his family under the concession to visit any place in India. Regulations of LTC In this case, the claim will be regulated with reference to the claim when a Govt place indicated by the Govt servant as his place of visit. If the servant purchases a seat amount of claim calculated on the basis of the shortest direct in Yatra Special Trains, route between the Head quarters and the declared place of visit inclusive of the cost of by the lower class (if a lower class of accommodation has board etc. actually been used while traveling by Yatra Special) is less than the expenditure incurred by the Govt servant for purchasing a seat in the Yatra Special, the former amount alone would be admissible. Regulation of LTC In such cases the Central Govt servant should furnish a claim of the spouse of a certificate as under at the time of preferring his/her LTC Govt employee if claim :- Certified that my wife/husband for whom LTC is employed in office other claimed by me is employed in (name of the Public Sector, than a Central Govt Undertaking/Corporation/Autonomous body etc) which office where the LTC provides leave travel concession facilities but she/he has not facilities are available preferred and will not prefer any claim in this behalf to her/his employer. Where the spouse of the Govt servant is not so employed, the Govt servant concerned should give a certificate as under :Certified that my wife / husband for whom LTC is claimed by me is not employed in any Public Sector Undertaking/Corporation/Autonomous Body / financed wholly or partly by the Central Govt. or a local Body which provides LTC facilities to its employees and their families. The provisions of para 2 (2) above shall be applicable to journeys performed on or after issue of the Govt Office Memorandum referred at para 1 above availing of LTC admissible for the four year block 1978 1981 (but not the journeys performed by availing of LTC admissible for the block year 1974-77). This provision will also be applicable in cases where either the Govt servant himself or some members of the family of the Govt servant have already availed of LTC in respect of the block year 1978-81 but rest of the family members avail of it after the issue of the O.M. ibid. Change of Home Town - The home town once declared and accepted by the Controlling Officer shall be treated as final. In exceptional circumstances, the Head of the Department or if the Government servant himself is the Head of the Department, the

(2)

(3)

(4)

3.

4.

155 Administrative Ministry, may authorize a change in such declaration provided that such a change shall not be made more than once during the service of a Govt servant. 5. Declaration of place of visit under Leave Travel Concession to any place in India- When the concession to visit any place is India is proposed to be availed of by a Government servant or any member of the family of such Government servants, the intended place of visit shall be declared by the Government servant in advance to his controlling officer. The declared place of visit may be changed by the commencement of the journey except in exceptional circumstances where it is established that the request for change could not be made before the commencement of the journey owing to circumstances beyond the control of the Government servant. This relaxation may be made by the Head of Department, as the case may be. Admissibility of Leave Travel Concession (1) The leave travel concession shall be admissible to persons of the categories specified in clauses (i) and (iii) of sub rule (3) of rule 1 only if they have completed one years continuous service under the Central Government on the date of journey performed by him or his family, as the case may be, to avail of the concession. (2) 7. The leave travel concession shall be admissible during any period of leave, including casual leave and special casual leave.

6.

Types of leave travel concession (a) The leave travel concession to home-town shall be admissible irrespective of the distance between the headquarters of the Government servant and his home-town, once in a block of two calendar years, such as 1986-87, 1988-89 and so on; (b) The leave travel concession to any place in India shall be admissible irrespective of the distance of the place of visit from the headquarters of the Government servant once in a block of four calendar years, such as 1986-89, 1990-93 and so on provided that in the case of a Government servant to whom leave travel concession to home town is admissible, the leave travel concession to any place in India availed of by him shall be in lieu of, and adjusted against, the leave travel concession to home town available to him at the time of commencement of the journey; A Government servant whose family lives away from him at his home town may, in lieu of all concessions under this scheme, including the leave travel concession to visit any place in India once in a block of four years which would otherwise be admissible to him and members of his family, choose to avail of leave travel concession for self only to visit the home town every year.

(c)

Counting leave travel concession against particular blocks 8. A Government servant and members of his family availing of leave travel concession may travel in different groups at different times during a block of two or four years, as the case may be. The concession so availed of will be counted against the block of two years or four years within which the outward journey commenced, even if the return journey was performed after the expiry of the block of two years or four years. This will apply to availing of leave travel concession carried forward in terms of Rule 9. 9. Carry over of leave travel concession - A Government servant who is unable to avail of the leave travel concession within a particular block of two years or four years may avail of the same within the first year of the next block of two years or four years. If a Government servant is entitled to leave travel concession to home town, he can carry forward the leave travel concession to any place in India for block of four years only if he has carried forward the leave travel concession to home town in respect of the second

156 block of two years within the block of four years. Place to be visited by Government servant and members of his family under leave travel concession to any, place in India. 10. A Government servant and each member of his family may visit different places of their choice during a block of four years. It shall not be necessary for members of family of a Government servant to visit the same place as that visited by the Government servant himself at any time earlier during the same block. Entitlement (1) Journey by rail For travel by train under leave travel concession, entitlement to different classes of accommodation shall be as under :Pay Range (i) Rs. 16400/- and above (ii) Rs 8000/-and above (iii) Rs 4100/- and above (iv) Below Rs 4100/. . (2) Journey by road (a) The Governments assistance towards the cost of journeys between places not connected by rail will be admissible to the Government servant as under :(i) Where a public transport system with vehicles running between fixed points, at regular intervals and charging fixed rates exists, the assistance is the fare actually charged by such a system for the appropriate class of accommodation of transport system. Note :(a) Appropriate class means as follows :Officers entitled to travel by I class on rail Other officers By any type of bus including super deluxe, express etc, but excluding air-conditioned bus. By ordinary bus only. The claims for travel in express bus may be admitted if the journey actually performed by such bus on account of nonavailability of seats in ordinary bus. Shatabdi Exp. Executive class AC Chair Car -do,, Rajdhani Exp. AC Ist Class AC 2Tier AC 3Tier ,, Other trains AC Ist Class AC 2T First Class/ AC 3 Tier/ AC Chair Car Sleeper Class

11.

(b)

(ii)

Where a public transport system as aforesaid does not exist, the assistance will be regulated as in case of journeys undertaken on transfer. Not with standing anything contained in sub-rule (I) of clauses (i) and (ii) of sub-rule (2), where a Government servant travelling by road takes a seat or seats in bus, van or other vehicles operated by Tourism Development Corporations in the public Sector, State Transport Corporations and Transport services run by other Government or local bodies to visit any place in India, the reimbursement shall be either the actual hire charges or the amount reimbursable on the journey to the declared place of visit had the journey been undertaken by entitled class by rail by the shortest direct route, whichever is less. Re-imbursement shall not be

(iii)

157 admissible for journey by a private car (owned, borrowed or hired) or a bus, van or other vehicle owned by private operators) (3) By airPay range Rs. 18400/- and above -Air Economy (Y) class by National Carrier. The Government servant may travel by air between places not connected by rail, where an alternative means of travel is either not available or more expensive. In regard to places in territory of India connected by shipping services, the entitlement of aGovernment servant to travel by ship will be regulated as in case of journeys by ship undertaken on transfer. Travel between places not connected by any means of transport For travel between places not connected by any other means of Transport, a Government servant can avail of animal transport like pony, elephant , camel etc. In such cases, mileage allowance will be admissible at the same rate as for journeys on transfer.

(4)

(5)

Explanation For the purpose of this rule pay shall mean pay as defined in Fundamental Rule 9 (21) (a) (i). Reimbursement 2. Reimbursement under the leave travel concession scheme shall not cover incidental expenses and expenditure incurred on local journeys. Reimbursement for expenses of journey shall be allowed only on the basis of a point to point journey on a through ticket over the shortest direct route. Forfeiture of claim 3. A claim for reimbursement of expenditure incurred on journey under leave travel concession shall be submitted within three months after the completion of the return journey, if no advance had been drawn. Failure to do so will entail forfeiture of the claim and no relaxation shall be permissible in this regard. 4. Grant of advance and adjustment thereof :(i) Advance may be granted to Government servants to enable them to avail themselves of the concession. The amount of such advance in each case shall be limited to four-fifths of the estimated amount which Government would have to reimburse in respect of the case of the journey both ways. (ii) (iii) If the family travels separately from the Government servant, the advance may also be drawn separately to the extent admissible. The advance may be drawn both for the forward and return journeys at the time of commencement of the forward journey, provided the period of leave taken by the Government servant or the period of anticipated absence of the members of the family does not exceed three months or ninety days. If this limit is exceeded then the advance may be drawn for the outward journey only. If the limit of 3 months or ninety days is exceeded after the advance had already been drawn for both the journeys, one half of the advance should be refunded to the Government forthwith. The advance should be refunded in full if the outward journey is not commenced within 30 days of the grant of advance. However, in the cases where reservations can be made sixty days before the proposed date of the outward journey and advance is granted accordingly, the Government servant should produce the tickets within ten days of the drawl of advance, irrespective of the date of commencement of the journey.

(iv)

(v)

158

(vi)

Where an advance has been drawn by a Government servant, the claim for reimbursement of the expenditure incurred on the journey shall be submitted within one month of the completion of the return journey. On a Government servants failure to do so, he shall be required to refund the entire amount of advance forthwith in one lumpsum. No request for recovery of the advance in installments shall be entertained.

5.

Fraudulent claim of leave travel concession. (1) If a decision is taken by the Disciplinary Authority to initiate disciplinary proceedings against a Government servant on the charge preferring a fraudulent claim of leave travel concession, such Government servant shall not be allowed the leave travel concession till the finalisation of such disciplinary proceedings. (2) If the disciplinary proceedings result in imposition of any of the penalties specified in rule 11 of the Central Civil Services (Classification, Control and Appeal) Rule, 1965, the Government servant shall not be allowed the next two sets of the leave travel concession in addition to the sets already withheld during the pendency of the disciplinary proceedings. For reasons to be recorded in writing, the controlling authority can also disallow more than two sets of leave travel concession. If the Government servant is fully exonerated of the charge of fraudulent claim of leave travel concession, he shall be allowed to avail of the concession withheld earlier as additional set(s) in future block years but before the normal date of his superannuation. Explanation For the purpose of this rule, leave travel concession to home town and leave travel concession to any place in India as specified in clauses (a) and (b) of Rule 7 shall constitute two sets of the leave travel concession. (G of I, Min of Home Affairs, (Deptt of Pers & Training ) Notification No 31011/10/85-Estt (A) dated 3 May 1988)

(3)

159 Precis No 1513 Management School CIVIL SERVICE REGULATIONS Introduction 1. The CSRs are intended to define the Conditions under which salaries and leave and pension and other allowances, are earned by Service in the Civil Departments and in what manner they are calculated. The do not deal otherwise than indirectly and incidentally with matters relating to recruitment promoting official duties, discipline and the like. 2. 3. 4. (Art I of CSR) Important provisions of CSRs are reflected in Appendix A to this prcis. This prcis deal with the important rules with which the civilians subject to CSR are concerned. The following subjects in the CSR have been dealt with separately in the prcis shown against each; and are therefore NOT repeated here :Subject (a) (b) (c) (d) (e) (f) (g) (h) Age Limit for Appointment Scale of Pay Leave-Civilians Records of Service Beginning of Qualifying Service Pensions and Gratuities Civilians Joining Time Postings and Transfers 1504 1505 1507 1508 1515 1515 1523 1523 Precis No

Duty Allowance 5. Duty allowance means an allowance granted to an officer, in addition to pay or salary, in consideration of arduous nature of his duties or of increased work or responsibility or for the discharge of duties which do not properly belong to his office and for which there is no sanctioned appointment. (Art 23 (c)) Pay and Salary 6. (a) Pay means monthly substantive pay. It includes overseas allowance and technical allowance. (b) Salary means the sum of pay and acting allowance, It does not include local allowance, deputation (local) allowance, house rent, tentage or travelling/daily allowance. (c) Duty allowance and deputation (duty allowance) are treated as salary for the purpose of calculating leave allowance and are included in the terms emoluments for calculating pensions. (Art 38) Date of Reckoning Allowances 7. The salary of an officer begins when he takes charge of the appointment. If the charge is transferred in the afternoon, the transfer does not affect allowance until the next day. (Art 52) Charge of Duties 8. Unless for special recorded reasons (which must be of a public nature), the charge of an office must be made over at its Headquarters, both the relieving and the relieved officers being present.

160 (Art 53) Promotion During Leave 9. An officer on leave, other than privilege or earned leave when not combined with any other kind of leave, has no claim to substantive promotion during such leave. The promotion has effect only from the date on which the officer returns to duty or from a later date in accordance with the category of the appointment and the nature of the leave. (Art 60) Deputation in India 10. An officer is said to be on deputation when he is detached on special temporary duty for the performance of which there is no permanently or temporarily sanctioned appointment. (Art 77) 11. An allowance not exceeding 20 percent of salary already drawn or Rs 10/- a day, whichever is less, is granted to an officer deputed on special duty in consideration of increased amount of work or increased responsibility or a change of station if involved. (Art 81)

Officiating Service 12. An officiating service in any stage of time scale, whether continuous or not, counts towards increment in that stage. (Art 107) Counting of Time Spent on Leave Towards Increment 13. Time spent on leave with allowance counts towards increment. (Art 159) Charge Allowance 14. Charge allowance means an allowance granted to an officer appointed to be in charge of the current duties of an office in addition to his own duties when the charge entails a substantial increase of responsibility and some additional work. (Art 165) Dismissal 15. (a) Date of Cessation of Salary The salary of an officer who is dismissed, ceases absolutely form the date of his dismissal. No allowance is granted for any period occupied in the prosecution of appeals against the order of dismissal. (Art 192) Subsistence Allowance During Suspension 16. (a) An officer under suspension is entitled to no leave salary while he is absent from duty, unless the officer is fully exonerated and specific orders are made by the authority competent to order his reinstatement that the period of suspension shall be treated as a period spent on duty. (CSR Art 192 read with Art 193) (b) A subsistence allowance is granted at an amount equal to leave salary which the officer would have drawn if he had been or furlough on half average salary or leave on half pay and in addition dearness allowance, if admissible, on the basis of such leave salary. (c) Where the period of suspension exceeds six months, the authority which made or deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of first six months as follows :(i) The amount of subsistence allowance may be increased by an amount not exceeding fifty percent of the subsistence allowance, if the period has been prolonged for reasons not directly attributed to the Govt servant; (ii) The amount of subsistence allowance may be reduced by an amount not exceeding fifty percent of the subsistence allowance, if the period of suspension has prolonged due to reasons directly attributable to the Govt servant.

161 Note :- Subsequent review can be made by the competent authority to increase the amount of subsistence allowance once reduced, or to reduce the amount once increased on the basis of first review upto 50 percent of the subsistence allowance initially granted. (G of I, Min of Def Memo No 25182/ORG-4 (Civ)(D)/1961/D (Lab dt 26 May 1967) Any other compensatory allowance are admissible to the Govt servant on the basis of pay the Govt servant was in receipt of on the date of he is suspended or deemed to have been suspended. (Art 193 (I) (b)

(d)

(e) Subsistence allowance for an industrial employee is also calculated as above. (Gof I, Min of Def Memo No 25182/Org-4 (Civ-I)/4374/D (Lab) dt 10 Jun 1963) Salary on Honourable Acquittal 17. If an officers is fully exonerated of a charge he may be granted full salary which he was in receipt of before his suspension, and the period of his absence from duty may be treated as period spent on duty. (Art 193) Treatment of Period in Case of Death While Under Suspension 18. In case if a Govt servant under suspension dies before the disciplinary proceedings or court proceeding instituted against him are concluded, the period between the date of suspension and the date of death shall be treated as a period spent on duty for all purposes. Art 193 (5) b) 19. CCS (Pension) Rules, 1972 is printed as supptement in CSR incorporating relevant Articles.

162 Appendix A Precis No 1513 (Refers to para 2) -------------------------------------------------------------------------------------------------------------------Article Subject -------------------------------------------------------------------------------------------------------------------1-3 Extent of application 4 Right of interpreting Rules 6 Definition of Absentee 8 Definition Active Service 14 Age of retirement 15 Definition Audit Officer 16 Definition Average Salary 17 Definition Barrister 18 Definition Month 21 Definition Consolidated Pay 22 Definition Continuous Service and Continuous Action Service 23 Definition Deputation Allowance 24 Definition Extraordinary Leave 26 Definition First appointment; Procedure for change of name. Education qualification and age limits for recruitment to various services. Essential qualification for Gp A posts etc. 27 29 Definition Definition Foreign Service Grades and class Principles of Seniority Scheduled Caste Reservation Age Concessions Reservation for physically handicapped Rule for examination for LDC Definition Heads of Departments Definition Lien on appointment Definition Local Fund Definition Military Service Definition Ministerial Officer Definition Pay and salary Definition Pay on appointment Definition Pay of an officer Definition Pension Definition Progressive Appointment Definition Remuneration Definition Rule of Promotion Conditions of Age and Health for appointments Conditions for dispensing with Medical Certificates on appointments Upper age limit for appointments Date of reckoning Allowance Charge of office Definition Headquarters Leaving jurisdiction Promotion during leave Personal Pay, Local and Duty Allowance -

29A 31 33 35 36 38 39 40 41 43 44B 45 49 50 51 52 53 54 and 55 56 60 61 to 62

163 64 to 66 67 68 A 71 76 A 77 81 82 85 86 87 88 89 90 94 96 105 to 148 150 151 to 154 156 156A 157 158 159 160A 161 162 to 164 165 192 to 193 196 to 309 349 to 739 740.747 815 816 to 822 825 to 861 862 to 866 Advances and their Recovery Transfer on Duty Pay of officer undergoing training Additions to Salary Temporary Appointments Deputation in India Pay of Officer on special Duty Deputation Allowance Rules on Deputation Definition Acting Allowance Pro temporary appointments Charge Allowance to be in charge of current duties of Vacant appointment Provisional appointment Substantive pro temporary appointment Charge Allowance Maximum and Minimum Salaries Rules for calculation of Acting Allowance Regulation of Progressive Pay Accrual of increment Initial Pay on Substantive appointment CDS (Revised Pay) Rules 1973 Counting of Service on Transfer Option for date of new pay in case revision of Pay Time spent on leave Counters of service of time spent on training for grant of Salary of officer appointed to officiate in two or more appointments Salary of officer performing temporary additional duties which are outside the duties of his own appointment Charge of current duties Salary of officer under suspension General Conditions for Leave Rules on Pension Wound and other Extraordinary Provisions Record of Service Gazetted officers Record of Service Non-Gazetted offices Medical Certificate for grant of leave Payment of leave allowances

164 Precis No 1514 Management School LABOUR ACTS AND RULES PERTAINING TO WORKERS/EMPLOYED IN ANY FACTORY OR INDUSTRIAL ESTABLISHMENT UNDER THE MINISTRY OF DEFENCE Introduction 1. Labour laws are a species of social legislation regulating the various interests between the employees and the employers. The public are vitally interested in labour problems since production is inseparably linked with labour. A sympathetic approach to assure the labour their minimum needs, a fair wage, healthy surroundings and occupations, guarantee of tenure of service and safeguard for the future should be aimed. The present day labour, which is becoming enlightened day by day, demands immediate attention to their needs. Any apathy or indifference in meeting the just demands of labour leads to social disorder and Govt cannot afford to be a passive witness to it. A law abiding labour and a sympathetic appreciation of the needs of labour is what is needed. Labour Laws 2. Labour laws relate to diverse matters and have been arranged in following sections for convenience of study. SECTION I Laws Relating to Conditions of Service The Factories Act, 1948 SECTION II Laws Relating to Economic Welfare of the Workers (a) Minimum Wages Act, 1948 and (Central) Rules, 1950 (b) ;Payment of Wages Act, 1936 and (Procedure) Rules, 1937.

SECTION III Laws Relating to Social Insurance Workmens Compensation Act, 1923 and Rules, 1924 SECTION IV Laws Governing Association of Workers and Industrial Disputes (a) Trade Union Act, 1926 (Amendment)Act, 1947. (b) Industrial Disputes Act, 1947 and (Amendment) Act, 1956.

165 SECTION I FACTORIES ACT (1948) 1. Applicability The Factories Act applies to the MES installations coming within the purview of the Act. It came into force with effect from 1-4-1949. In emergency the Govt may exempt any Factory from the provisions of the Act. Object The object of the Act is to regulate labour in the Factories. Definitions/Interpretations (a) Factory means any premises including the precincts thereof :(i) Whereon ten or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on with the aid of power, or is ordinarily so carried on, or (ii) whereon twenty or more workers are working or were working on any day of the preceding twelve months, and in any part of which a manufacturing process is being carried on without the aid of power, or is ordinarily so carried on. (b) Manufacturing process means any process for :(i) making, altering, repairing, ornamenting, finishing, packing, oiling, washing, cleaning, breaking up, demolishing, or otherwise treating or adapting any article or substance, transport, delivery or disposal, or (ii) pumping oil, water or sewage, or (iii) generating, transforming or transmitting power ,or (iv) composing types for printing, printing by letter press, lithography, photogravure or other similar process or book-binding. (c) Worker means a person employed directly or through any agency, whether for wages or not, in any manufacturing process, or in cleaning any part of the machinery or premises used for a manufacturing process, or in other kind of work incidential to, or connected with the manufacturing process, or the subject of the manufacturing process. (e) Adult means a person who has completed his eighteenth year of age. (f) Adolescent means a person who has completed his fifteenth year of age but not completed his eighteenth year. (f) Calendar year means the period of twelve months beginning with the first day of January in any year. (g) Child means a person who has not completed his fifteenth year of age. (h) Day means a period of twenty-four hours beginning at midnight. (i) Week means a period of a seven days beginning at midnight of Saturday night or such other night as may be approved in writing for a particular area by the Chief Inspector of Factories. (j) Power means electrical energy, or any other form of energy which is mechanically transmitted and is not.generated by human or animal agency. (k) Occupier means the person who has ultimate control over the affairs of the factory, or the managing agent, if such affairs have been entrusted to him.

2. 3.

Responsibilities of Officers-in-Charge of Factories 4. Notification Before any premises are used as factory, written notice is sent to the Chief Inspector Concerned 15 days in advance containing :(a) Name, situation of the Factory and name and address of the occupier. (b) Nature of manufacturing process and nature and quantity of power to be used (c) Number of workers likely to be employed. (d) Name of the officer in-charge.

166 Health 5. Following are to be ensured :(a) Installations is kept neat and tidy. (b) Proper ventilation is provided and light is sufficient. (c) Sufficient supply of water fit for drinking is provided for workers at suitable places. (d) Sufficient latrines and urinals, separately for male and female workers, are provided and maintained in a sanitary condition at all times. (e) No room in any factory shall be over crowded to an extent injurious to the health of the workers employed therein. (f) Sufficient number of spittoons shall be provided inconvenient places and they shall be maintained in a clean and hygienic condition. Safety 6. (a) The following shall be securely fenced by safeguards of substantial construction which shall be kept in position while the parts of machinery they are fencing, are in motion or in use :(i) Every moving part of a prime mover and fly wheel connected to a prime mover. (ii) The head-race and tail-race of every water wheel and water turbine. (iii) any part of a stock-bar which projects beyond the head stock of a lathe. (Sec 21) Examination of any part/lubrication/adjusting any part of a machinery in motion shall be carried out by a specially training male worker wearing tight clothing(provided by the occupier). Such a worker shall not handle a belt at a moving pully unlessThe belt is more than 15 centimeters width, the pully is normally for the purose of drive and not merely a fly-wheel or balance wheel, the belt is either laced or flushed with the back, the belt, including the joining and pully rim are in good repair, there is a reasonable clearance between the pully and any fixed plant and structure, secure foot-hold and where necessary secure hand-hold are provided for the operator, any ladder used for such examination is securely fixed or firmly held by a second person, every set-screw belt and key on any revolving shaft, spindle wheel or pinion, and all spur worm etc which the worker would otherwise be liable to come into contact shall be securely fenced to prevent such contact. (Sec. 22) Where a machine is declared as dangerous, no young person shall be made to work unless :(i) he had been fully instructed as to the dangers arising in such employment. (ii) he has received adequate training in work at the machine. (iii) he is under adequate supervision of a person who has thorough knowledge and experience of the machine. (Sec 23) Suitable striking gear or other efficient mechanical appliance shall be provided, maintained and used to make driving belts to and from fast and loose pulleys. Driving belts when not is use shall not be allowed to rest or ride upon shafting in motion. When off -on device is provided to cut of power arrangements, locking arrangement for the device should be provided. No traversing part of a self-acting machine and no material carried thereon shall if the space over which any person is allowed to pass, be allowed to run on its outward and inward traverse within a distance of eighteen inches from any fixed structure which is not part of the machine. (Sec 25) Any machinery driven by power and installed in factory shall be so sunk, encased or effectively guarded as to prevent danger. Restrictions also exist on sale of machinery. Every hoist and lift shall be (i) of good mechanical construction, sound material and adequate strength and sufficiently protected and fitted with fates,

(b)

(c)

(d)

(e)

(f) (g)

167 (ii) Properly maintained and examined by a competent person at cast once in every six months. (iii) The maximum safe working load shall be plainly marked on every hoist and, lift and no load greater than that shall be carried, (iv) the case of every hoist or lift carrying persons shall be fitted with a gate on each side, (v) Every gate shall be fitted with interlocking or efficient device, (vi) Hoists and lifts carrying person shall have two ropes or chains, as stated in the Act, (vii) An efficient device to hold the case in the event or failure of ropes must be provided. Should be of good construction, sound material and adequate strength etc. (Sec 28) Maximum safe speed of every ground stone or abrasive wheel must be permanently affixed or placed near such machinery. (Sec 29) Effective measure shall be taken to ensure that safe working pressure of pressure plants is not exceeded. (Sec 31) Should be of sound construction and properly maintained. (Sec 32) Every fixed vessel, snup, tank, pit or opening in the ground or in a floor shall be securely covered of fenced. (Sec 33) No person shall be employed to carry, lift or move any load so heavy as to be likely to cause him injury. (Sec 34) Effective shields or suitable goggles shall be provided for protection of eyes for person employed on jobs which involve risk of eyes from particles or exposure to excessive light. (Sec 35) No person shall enter or be permitted to enter any chamber, tank, Vat, pipe or other confirmed space in which dangerous fumes are likely to be present unless a manhole of adequate size or other means of eyeless has been provided. All practical measure should be taken to exhaust such fumes a certificate by a competent person must be obtained; and worker should be provided with breathing apparatus and a belt securely attached to around the other end of which is held by a person standing outside the confined space. (Sec 36) If any manufacturing process produces dust, gas, fumes, or Vapour which is likely to explode on ignition, all practical measures must be taken to prevent such explosion. (Sec 37) Means of escape form fire should be provided. Fire exits should not be locked or fastened in such a way that they cannot be opened from inside etc. (Sec 38) The Factory Inspector may make orders for repairs of buildings and machinery, with reference to safety, of building. (Sec 40) The State Government may specify by notification, appointment of safety officers in every factory employing 1,000 or more workers or in other factories also.

(h) (i) (j) (k) (l) (m) (n)

(o)

(p) (q) (r) (s)

Welfare 7. Adequate welfare arrangements including first aid appliances are provided in accordance with the prescribed rules. A few examples are given below :(a) Washing facilities separately for male and female workers.

168 (b) (c) (d) Facilities for storing clothes not worn during working hours, Government may requite provision of canteens in s factory wherein more than 250 workers are ordinarily employed. In every factory wherein more than 150 workers are ordinarily employed, adequate and suitable shelters or rest rooms and a suitable lunch room, with provision of drinking water where workers can eat meals brought by them, shall be provided and maintained for the use of the workmen. In a factory wherein 500 or more workers are ordinarily employed the occupier shall employ in the factory such number of Welfare Officers as may be prescribed. Adequate first aid appliances in boxes or cupboards equipped with the prescribed contents at one per 150 workers, and an ambulance room of the prescribed size and equipment and medical attendants, where more than 500 workers are employed. In every factory where more than 50 women workers are ordinarily employed there shall be provided and maintained baby crches consisting of a suitable room or rooms for the use of the children under the age of six years of such women, in consultation with the Chief Inspector of Factories. The following equipment/staff. etc should be provided :(i) Furniture and equipment. (ii) Clothing, lines, towels, toys etc. (iii) Feeding and other maintenance expenses. (iv) Such rooms will be in charge of a women training in the care of children and infants. (v) Clothing for staff if and when attending the children. NOTE :- For details regarding financial limits etc. See CPRO 721 of 1953.

(e) (f)

(g)

Working Hours 8. Working hours are as under. Timings are fixed by the employer. (a) Adults Weekly 48 hours : daily 9 hours. (b) Children Daily 4 hours NOTES :(1) (2) (3) No period of work shall exceed 5 hours and no worker shall work for more than 5 hours before he has had an interval for rest. No woman is employed except between the hours of 6 a.m and 7 p.m No child is employed :(i) for more than 4 hours on any day (ii) during the night.

NOTE :-

Night shall mean a period of at least 12 consecutive hours which shall include the interval between 10 p.m and 6 a.m.

Weekly Holidays 9. No worker shall be required or allowed to work in a factory on the first day of the week unless he has or will have a holiday for a whole day on one of the three days immediately before or after the said day. Employment of young persons 10. No child who has not completed his 14th year shall be required or/allowed to work in factory. Overtime 11. Where a worker in a factory works for more than nine hours on any day or for more than forty-eight hours in any week, he shall in respect of overtime work be entitled to wages at the rate of twice his ordinary rate of wages.

169 Prior permission of the Chief Inspector of Factories of the area concerned is obtained (by telegram in emergency) to work overtime. Medical Certificate 12. Medical Certificate of fitness to work in factories whether involving dangerous occupations or not, is required to be produced by workers both adults and children, before they are allowed to work is factories. Registers of Workers 13. Register of workers are maintained with the requisite particulars as under :(a) Name of the worker (b) The nature of his work (c) The group, if any in which he is included. (d) Where his group works on shifts, the relay to which he is allotted. (e) Such other particulars as may be prescribed. Provided that, if the Inspector is of the opinion that any muster rolls I.P. Bill or register maintained as part of the routine of a factory gives in respect of any or all the workers in factory the particulars aforesaid he may, by order in writing, direct that such documents shall to the corresponding extent be maintained in place of and be treated as, the register of workers in that factory. Accidents 14. When an accident occurs which results in death, or which causes any bodily injury by reason of which the person is prevented from working for a period of forty-eight hours or more, report is made at once to the departmental superiors and the factory Inspector concerned.

170 SECTION II THE MINIMUM WAGES ACT 1948 Purpose 1. An act to provide for fixing minimum rates of wages on certain employments. Extent 2. This Act extends to the whole of India. Minimum Wages 3. The minimum rate of wages may consist of :(a) A basis rate of wages and a special allowance called cost of living allowance or dearness allowance (DA). (b) An all inclusive rate comprising basic rate, and cost of living allowance or DA. 4. 5. The employer shall pay to every employee engaged in scheduled employment under him wages at a rate not less than the minimum rate of wages fixed for that class of employee. Different minimum rates of wages have been fixed by Govt for :(a) Different scheduled employments. (b) Different classes of work in the same scheduled employment. (c) Adults and children. (d) Different localities.

In MES we have monthly rated employees and daily rated employees. Monthly rated personnel are paid the monthly rates fixed by Govt and daily rated personnel are paid daily rates of pay as fixed by Govt. NOTES : People employed continuously for a period exceeding one month are paid monthly rates of pay. Wages 6. This means all remuneration in terms of money payable to an employee in respect of this employment or for work done in such employment and includes house rent allowance but does not include. (a) The value of : (i) any house accommodation, supply of water, light medical attendance, or (ii) any other amenity or any service excluded by general or special order of the appropriate Govt. (b) Any contribution paid by the employer to any Pension fund or Provident fund or under any scheme of social insurance. (c) Any traveling allowance or the value of any traveling concession. (d) Any gratuity payable on discharge. Employee 7. Means any person who is employed for hire or reward to do any work, skilled or unskilled, manual or clerical, in a scheduled employment in respect of which minimum rates of wages have been fixed. Scheduled Employment 8. Means an employment on road construction or in building operations, stone crushing and stone breaking or any process or branch of work forming part of such employment. Publication of Wage Rates 9. Notices specifying the rates of wages payable to classes of employees and for all classes of work shall be displayed on the notice board.

171 Weekly Holidays 10. Unless otherwise permitted by the Central Govt no worker shall be required or allowed to work in a scheduled employment on the 1st day of the week (hereinafter referred to as the said day) except when he was or will have a holiday for the whole day on one of the five days immediately before or after the said day for which he shall receive payment equal to his average daily wages during the preceding week. Provided that the weekly holiday may be substituted by another day, provided further that no substitution shall be made which will result in any worker working for more than 10 days consequtively without a holiday for a whole day. 11. Where in accordance with the provision of the above rule any worker works on the said day and has had a holiday on one of the five days immediately preceding it, the said day shall, for the purpose of calculating his weekly hours of work, be included in the preceding week.

Explanation 12. For the purpose of this rule week shall mean a period of seven days beginning at midnight on Saturday night. Penalties 13. Any employer who pays to an employee less than the amount due to him under the provisions of this Act or infringes any order or rules in respect of normal working day, weekly holiday, shall be punishable with imprisonment of either description for a term which may extend to six months or with fine which may extend to five hundred rupees or with both. THE PAYMENT OF WAGES ACT 1936 Purpose 14. An act to regulate the payment of wages to certain classes of persons employed in industry. Extent, Commencement and Application 15. It extends to the whole of India 16. 17. 18. The Act came into force on 28th March 1937. It applies to the payment of wages to persons employed in any Factory (as defined in the Factories Act) and any class of persons employed in any industrial establishment. Nothing in this Act shall apply to wages payable in respect of a wage period which, over such wage period, average one thousand six hundred a month or more.

Responsibility 19. Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act. Fixation of Wage Period 20. Every person responsible for the payment of wages shall fix wage periods which in no case shall exceed one month. Time of Payment of Wages 21. The wages of every person employed upon or in a factory or industrial establishment upto or in which less than one thousand persons are employed, shall be paid before the expiry of the seventh day and in other cases it shall be paid before the expiry of the tenth day after the last day of the wage-period in respect of which the wages are payable.

172 22. Where the employment of any person is terminated by or on behalf of the employer the wages earned by him shall be paid before the expiry of the second working day form the day on which his employment is terminated.

Wages to be Paid in Current Coin or Currency Notes 23. 24. All wages shall be paid in current coin or currency notes or in both. The wages of an employed person shall be paid to him without any deductions of any kind except those authorized by or under this Act. Every payment made by the employed person to the employer or his agent shall for the purpose of this Act be deemed to be a deduction from wages. The deduction referred to above may be of the following kinds :(a) Fines. (b) Deductions for absence from duty. (c) Deductions for damage to or loss of goods expressly entrusted, to the employed person for custody or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect, or default. (d) Deductions for house accommodation supplied by the employer. (e) Deductions for recovery of advances or for adjustment of overpayment of wages. (f) Deductions of income-tax if payable by the employee. (g) Deduction required to be made by order of a court or other authority competent to make such order. (h) Deductions for subscriptions to and for repayment of advances from any provident fund to which the provident funds Act applies. (j) Deductions for payment to co-operative societies approved by the State Government. (k) Deductions made with the written authorization of the employee in furtherence of any savings scheme approved by the Govt or for the purchase of securities of Govt or labour welfare funds.

25.

Fines 26. No fine shall be imposed on any employee save in respect of such acts and commission on his part as the employer, with the previous approval of the prescribed authority, may have specified by notice duly exhibited in the prescribed manner on the premises in which the employment is carried on. No fine imposed on any employed person shall be recovered from him by installments or after expiry of sixty days from the day on which it was imposed. Every fine shall be deemed to have been imposed on the day of the act or omission in respect of which it was imposed. All fines and all realization thereof shall be recorded in a register to be kept by the employer as approved by the authority. The total amount of fine imposed on an employee during an wage period shall not exceed half-anna in the rupee of wages during that wage period . No fine shall be imposed on any employed person who is under the age of fifteen years. Explanation - When the persons employed in a Factory or industrial establishment are part only of a staff employer under the same management, all such realisations may be credited to a common fund maintained for the staff as a whole provided that the fund shall be applied only to such purposes as are approved by the prescribed authority Penalty for Offences under this Act 32. Whoever being responsible for the payment of wages to any employee contravences any of the above provisions shall be punishable with fine as prescribed in Section 20 of the Payment of Wages Act.

27. 28. 29. 30. 31.

173 SECTION III WORKMENS COMPENSATION ACT Applicability and object 1. (a) Workmens Compensation Act applies to all MES employees who come within the purview of the Act and are covered by the term workmen. This Act came into force with effect from 1st July1954. It extends to the whole of India. (b) the object of the Act is to allow compensation for accidents under the provisions of the Act. (MES Regs para 96 & MES SO para 390) Definitions 2. Workmen means any person (other than a person whose employment is of a casual nature and who is employed otherwise than for the purpose of the employers trade or business) who is employed on monthly wages NOT exceeding Rs 1000/- in any such capacity as is specified in Scheduled II of the Act. 3. The following are some of the definitions of workmen within the meaning of Section 2(1) (n) of the Act :(a) Those employed otherwise than in a clerical capacity or on a railway, in connection with the operation or maintenance of a lift, or a vehicle propelled by steam or other mechanical power or electricity. (b) Those employed otherwise than in a clerical capacity, in any premises where 10 or more persons have been employed in a manufacturing process. (c) Those employed in the manufacture or handling explosives. (d) Those employed for the purpose of loading and unloading. (e) Those employed in the construction, repair or demolition of :(i) any building which is designed to be or is or has been more than one storey in height above the ground or twelve feet or more from the ground level to the apex of the roof. (ii) any dam or embankment which is 12 feet or more in height from its lowest to its heightest point. (iii) any road, bridge or tunnel. (f) Those employed in setting up, repairing or taking down any overhead electric lines, cables or poles. (g) Those employed in any occupation involving any blasting operations. (h) Those employed in the making of any excavation the depth of which exceeds 12 feet from its highest to its lowest point. (j) Those employed otherwise than in a clerical capacity in the generating, transforming or supplying of electrical energy. (k) Those employed as drivers. 4. 5. Adult means a person who has completed his eighteenth year of age. Minor means a person who is under 18 years of age. (Sec 2 WCA ) Procedure in Case of Accident 6. If a personal injury is caused to a workmen by accident, following action is taken :(a) Workman is immediately removed to the nearest hospital after first aid where available. (b) Report is rendered by the OC Unit as laid down in MES SO para 106. Accidents of serious nature are intimated to E-in-C signal followed by a detailed report as per Appendix B to MES Standing Order, with copies to intermediate formations. Action to hold a Court of Inquiry should be taken promptly and medical report obtained. A copy of the report on the accident is sent to the Commissioner of the Workmens Compensation Act and Area HQ.

174 7. Employers liability for compensation If a personal injury is caused to a workman by accident arising out of and in the course of duty, the employer shall be liable to pay compensation in accordance with the provisions of the Workmens Compensation Act provided that the employer shall not be so liable. (a) In respect of any injury which does not result in the total or partial disablement of the workman for a period exceeding 3 days. If he is fit to resume his duty after 3 days, he gets his wages for these days. (b) In respect of any injury not resulting in death by an accident which is directly attributable to :(i) the workman having been at the time of the accident under the influence of drink or drugs, or (ii) the willful disobedience of the workman to an order expressly given, or to a rule expressly framed, for the purpose of securing the safety of workman, or (iii) the willful removal or disregard by the workman of any safety guard or other device which be knew to have been provided for the purpose of securing the safety of workman. (Sec 3 WCA) (c) The employer can succeed in his plea if he can prove that the injury was directly attributable to any one of the above factors. But if the workman dies on account compensation in spite of the above exceptions specified in sub para (b) above.

Method of Calculating Wages 8. Following are the methods of calculating wages of a workman :(a) Where the workman has been in continuous service for a period of NOT less than 12 months immediately preceding the accident, the monthly wages shall be of the total wages of the last twelve months. (b) Where the whole of the continuous service is less than a month, the monthly wages shall be deemed to be the average monthly amount which, during the 12 months immediately preceding the accident, was being earned by a workman employed on the same work or if there was no workman so employed, by a workman so employed on similar work in the same locality. (c) In other cases, the monthly wages shall be 30 times the wages, earned in respect of the last continuous period of service immediately preceding the accident divided by the number of days comprising such period. NOTES : (2) (1) Service shall be deemed to be continuous which has NOT been interrupted by an absence from work exceeding 14 days. (Sec 5 WCA) For purpose of section 2(1), (m) of WCA wages include house rent and compensatory allowance. (M of D, No 42874/E/C/11053/D (Lab II) of 30 Aug 55)

Amount of Compensation 9. The amount of Compensation payable shall be as follows :(a) Death cases : An amount equal to 40% of the monthly wage of the deceased workman multiplied by the relevant factor. (relevant factor is a fixed factor given in the Act in relation to the age of the workman). (b) Permanent total disablement : Total Disablement is the disablement which incapacitates the workman for all work which he was capable of performing at the time of death. Compensation payable is 50% of the monthly wages of the workman multiplied by the relevant factor or Rs 20,000, whichever more. (c) Permanent partial disablement : Partial Disablement has been defined in the Act as disablement which reduces the earning capacity of workman in any employment in which he was engaged at the time of accident. For injuries specified in Part II of Schedule I of the Act, Compensation payable is as in the

175 case of permanent total disablement. For injuries not specified in the Schedule I. Compensation payable is as the case of permanent total disablement as is proportionate to loss of earning capacity. (d) Temporary disablement : Compensation payable is a half monthly payment of the sum equivalent to 25% of monthly wages of the workman to be paid as per provisions of the Act. (Refer AppendixA) Review of Compensation 10. Any half-monthly payment may on review by the Commissioner, be continued, increased, decreased or ended or if the accident is found to have resulted in permanent disablement, be converted to the lump sum amount of compensation admissible under the Act less any amount already paid by the way of half-monthly payment. (Sec 6 WCA) Power to Sanction Claims 11. The following authorities are empowered to sanction payment of Compensation admissible under the Workmens Compensation Act to Civilian personnel of Defence Services :(a) Civilian personnel in Group D OsC units/ installations. (b) Civilian personnel in Group C OsC units/ installations of the rank of Lt Col and above. Where OC of a unit/installation is below the rank of Lt Col, the power will be exercised by the next superior departmental officer of the rank of Lt Col and above. The authorities mentioned above will also have the power to sanction half-monthly payments which may be due under Section 4(d) of the Workmens Compensation Act. All cases of compensation not covered under the Workmens Compensation Act will be referred to Administrative Authorities at Army HQ. (Authority ; AI 20/78) Payment of Compensation 12. The amount of compensation sanctioned under the Workmens Compensation Act is deposited with the Workmens Compensation Commissioner under Sec 8. A deposit so made must be in accordance with Workmens Compensation Rule 6 and be accompanied by a statement in Form A or Form AA, as the case may be (Specimen given in Appendix 'B' and Appendix 'C') 13. Normally payment is NOT made directly by the employer to the individuals. Where the payment involved is less than Rs 10/- the amount may be paid direct to the person, entitled thereto or deposited with the Commissioner.

Assignment Attachment/Charge against Compensation 14. No lump Sum or half-monthly payment shall in any way be capable of being assigned or charged or liable to attachment, or pass to any person other than the workman by operation of law, not shall any claim be set off against the same except that the Commissioner for Workmens Compensation may recover as in arrears of land revenue any amount payable by any person, whether under an agreement for the payment of compensation or otherwise. (Sec 9 and 31 WCA) 15. List of Commission under the Workmens Compensation Act is contained in CPRO 70/70.

176 Appendix A (Presic No 1514) 1. A workman who is temporarily disabled, whether totally or partially as a result of personal injuries caused by an accident arising out of and in the course of his employment, shall in given month (which means calendar month) be granted compensation of an amount equivalent to his leave allowance calculated under Article 291 CSR or the halfmonthly payment, payable under Section 4(1) D, of WC Act, calculated with reference to that month whichever is higher Injury (Hospital) leave allowance is not a compensation provided for under WCA and should not be deducted from the compensation payable under WCA. However, by virtue of the specific provisions of Art 291 CSR, it is legally permissible to deduct from leave allowance payable the amount of any compensation payable only under Sec 4(1) (d) of the Act. (CSR 291 and G of I decisions below) NOTES :(1) Where permanent partial disablement results from the injury specified in Schedule I of the Act reproduced below the workman is entitled to such percentage of compensation which would have been payable in the case of percentage total disablement. and In the case of an injury not specified in Schedule I of the Act, the workman is entitled to such percentage of the compensation which would have been payable in the case of permanent total disablement as is proportionate to the loss of earning capacity permanently caused by the injury.

(2)

2.

List of Injuries Deemed to Result in Permanent (Part I of Schedule I ) Total Disablement. Sl No. Description of Injury Percentage of loss of earning capacity 1. Loss of both hands or amputation at higher sites 100 2. Loss of a hand and a foot 100 3. Double amputation through leg or thigh, or amputation through leg or thigh 100 on one side and loss of other foot 4. Loss of sight to such an extent as to render the claimant unable to perform any 100 work for which eyesight is essential 5. Very severe facial disfigurement 100 6. Absolute deafness 100 (Part II of Schedule I)

List of Injuries deemed to Result in permanent Partial Disablement 7. 8. 9. 10. 11. 12. 13. 14. Amputation cases-upper limbs (either arm) Amputation through shoulder joint. Amputation below shoulder with stump less than 8 from tip of acromion Amputation from 8 from tip of acromion to less than 4 tip of decranon Loss of a hand or of the thumb and four fingers of one hand or amputation from 4 below tip of olecranon Loss of Thumb Loss of thumb and its metacarpal bone Loss of four fingers of one hand Loss of three fingers of one hand 90 80 70 60 30 40 50 30

177 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31 32. Loss of two fingers of one hand 20 Loss of terminal phalanx of thumb 20 Amputation cases-lower limbs Amputation of both feet resulting in end-bearing stumps 90 Amputation through both feet proximal to the metatarso-phalangeal joint 80 Loss of all toes of both feet through the metatarso-phalangeal joint 40 Loss of all toes of both feet proximal to the proximal inter-phalangeal joint 30 Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20 Amputation at hip 90 Amputation below hip with stump not exceeding 5 in length measured from tip of great trenchanter 80 Amputation below hip with stump exceeding 5 in length measured from tip of great trenchanter but not beyond middle thigh 70 Amputation below middle thigh to 3 below knee 60 Amputation below knee with stump exceeding 2 but not exceeding 5 50 Amputation below knee with stump exceeding 5 40 Amputation of one foot resulting in end-bearing 30 Amputation through one foot proximal to the metatarso-phalangeal joint 30 Loss of all toes of one foot through the metatarso-phalangeal joint 20 Other injuries Loss of one eye, without complications, the other being normal 40 Loss of vision of one eye, without complications of disfigurement of eye-ball the other being normal 30 Loss of A fingers of right or left hand Index Finger 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44 45. 46. 47. 48. 49. 50. 51. 52. 53. Whole Two phalanges One phalanx Guillotine amputation of tip without loss of bone Middle finger Whole Two phalanges One phalanx Guillotine amputation of tip without loss of bone Ring or Little Finger Whole Two phalanges One phalanx Guillotine amputation of tip without loss of bone B Toes of Right or Left Foot Great Toe Through metatarso-phalangeal joint Part, with some loss of bone Any Other Toe Through metatarso-phalangeal joint Part, with some loss of bone Two Toes of one foot, excluding Great Toe Through metatarso-phlangeal joint Part, with some loss of bone Three Toes of one foot, excluding Great Toe Through metatarso-phalangeal joint Part, with some loss of bone Four Toes of one foot, excluding Great Toe Through metatarso-phalangeal joint 14 11 9 5 12 9 7 4 14 6 5 2 14 1 3 1 5 2 6 3 9

178 54. Part, with some loss of bone (1) 3

NOTES :-

(2)

Where more injuries than one are caused by the same accident, the amount of ompensation payable shall be aggregated by not so in any case as to exceed the amount of compensation payable for permanent total disablement. Complete and permanent loss of the use of any limb or member shall be deemed to be the equivalent of the loss of that limb or member.

3.

Temporary Disablement Half Monthly Payment as Compensation Where temporary disablement, whether total or partial result a half-monthly payment is payable on the sixteenth day after the expiry of the waiting period of three days from the date of the disablement and there after half-monthly during the disablement or a period of five years whichever period is shorter.

179 Appendix B (Precis No 1514) (Para 12, Sec III Refers) STATEMENT TO ACCOMPANY DEPOSITS WITH WORKMENS COMPENSATION COMMISSIONER WORKMENS COMPENSATION RULE FORM A See Rule 6 (1) 1. Deposit of Compensation for fatal accident (Sec 8 (1) of the WC Art, 1923). Compensation amounting to Rs ________________ is hereby presented for deposit in respect of injuries resulting in the death of the workmen whose particulars are given below, which occurred on Occurred On Name .. Fathers Name .. (Husbands Name in case of married woman or widow) Caste Local Address Permanent Address His/Her monthly wages are estimated Rs He/She was over/under the age of 15 years at the time of his/her death 2. The said workman had prior to his/her death received the following payments, namely :Rs on ..Rs on .. Rs on ..Rs on .. Rs on ..Rs on .. Amounting in all Rs An advance of Rs . has been made on a/c of compensation to being his/her dependent I do not desire to be made a party to the proceedings for distribution of the aforesaid compensation. Date Signature

180 Appendix C (Precis No 1514) (Para 12 Sec III Refers) FORM AA See Rule 6(1) DEPOSIT OF COMPENSATION FOR NON-FATAL ACCIDENT TO A WOMAN OR PERSON UNDER LEGAL DISBILITY (Section 8(1) of the Workmens Compensation Act, 1923 1. Compensation amounting to Rs . is hereby presented for deposit in respect of injuries sustained by residing at. .. on 19 .resulting the loss of/temporary disablement. His/Her monthly wages are estimated at Rs. over/under the age of 15 years at the time of the accident. He/She was

2. The said injuries workman has, prior to the date of the deposit, received the following half-monthly payments, namely :Rs on ..Rs on .. Rs on ..Rs on .. Rs .on ..Rs on .. Rs .on ..Rs on ..

Date .19

Employer .

181 SECTION IV TRADE UNION ACT AND INDUSTRIAL DISPUTE ACT Introduction 1. This section deals with some of the important aspects of :(a) The Indian Trade Unions Act 1926 (as amended by the Indian Trade Unions (Amendment ) Act, 1947). (b) The Industrial Disputes Act, 1947, amendment Act, 1956 and Industrial Dispute Central Rules (1957). The Indian Trade Unions Act 1926 as amended by the Indian Trade Unions (Amendment) Act, 1947. 2. Extent.. The above Act extends to the whole of India. It came into force on 1-6-1927. Object 3. To regulate the registration and conduct of Trade Unions. Definitions 4. (a) (b) Employer means in relation to an industry carried on by or under the authority of any department of the Central Government, the authority prescribed on this behalf or where no authority is prescribed, the head of the department. Trade Union means any combination whether temporary or permanent formed primarily for the purpose of regulating the relation between workmen and employers or between workmen and workmen or for imposing restrictive conditions on the conduct of any trade or business, and includes any federation of two or more trade unions. Recognised Trade Union means a Trade Union recognized under this Act. Executive means the body, by whatever name called, to which the management of the affairs of a trade union is entrusted. Office Bearer in the case of a trade union, includes any member of the executive thereof, but does not include an auditor.

(c) (d) (e)

Registration of Trade Unions 5. A trade union making the necessary application to the Registrar of Trade Unions, will on compliance with certain stated conditions designed to ensure that the Union is a Bonafide trade union, be entitled to registration. The registrar on being satisfied that the Trade Union has complied with all the requirements of this Act, shall register the Union and issue a certificate of registration. Recognition 6. In the MES, Trade Unions are formed and recognition is accorded for its functioning with its area of activity being the area within the jurisdiction of a particular CWE (or ESD).Application for recognition together with the Rules of the Union Certificate of Registration and other requisite documents received from the Union are submitted by the Unit direct to HQ Command, with copy to intermediate formation Headquarters. HQ Command conducts all correspondence direct with the union concerned in respect of any queries relating to the application, amendment to Constitution of the Trade Union etc. The documents are then transmitted by HQ Command to Army HQ, AGs Branch, for processing further with the Ministry of Defence who decides the question of recognition. Conditions for Recognition 7. The following conditions are laid down for recognitions :(a) that all its ordinary members are workmen employed in the same industry or in industries closely allied to or connected with one another; (b) that it is representative of all the workmen employed by the employer in that industry or those industries;

182 (c) that its rules do not provide for the exclusion from membership of any class of workmen referred to in clause (b) above, (d) that its rules provide for the procedure for declaring a strike; (e) that is a Registered Trade Union and that it has complied with all the provisions of the Act; NOTE :(1) Ministry of Defence is the authority to recognise Trade Unions in the MES. (2) Trade Unions in MES are to be recognized at each CWEs leavel. Rights of Recognised Trade Unions 8. The executive of a recognized trade union shall be entitled to negotiate with employers in respect of matters connected with the employment or terms of employment or the conditions of labour of all or any of its member, and the employer shall receive and send replies to letters sent by the executive, and grant interviews to that body regarding such matters. The executive of a recognised trade union shall be entitled to display notice of the trade union in any premises where its members are employed and the employers shall afford the executive reasonable facilities for that purpose. 9. Withdrawal of Recognition Recognition of a trade union may be withdrawn on any of the following grounds :(a) that the trade union has ceased to be representative of the workmen referred to in Clause (b) para 7 above; (b) that a majority of the members take part in an irregular strike; (c) that the executive of trade union advise or actively support or instigate an irregular strike; (d) that the trade unions has failed to submit any return referred to in para 10 below or sent any return containing false statements. NOTE :Recognition once accorded is not withdrawn without sufficient cause and without first giving the Union an opportunity to represent.

Returns 10. These shall be sent annually to the Registrar, on or before such date as may be prescribed, a general statement audited in the prescribed manner of all receipts and expenditure of the union during the year ending 31 st December and of the assets and liabilities existing on the said 31 st December. With the above general statement a statement showing all changes of officers , made during the year to which the general statement refers together with a copyof the Rules of the trade union corrected up-to-date shall be sent to the Registrar. A copy of every alteration made in the rules of a trade union corrected up-to-date shall be sent to the Registrar within 15 days of the making of the alteration. Unfair Practices 11. The following practices are considered unfair which should be avoided by the employer :(a) to interfere with, restrain, or coerce his workmen in the exercise of their rights to organise, form or join or assist a Trade Union; (b) to interfere with the formation or administration of any trade union or to contribute any financial or other support to it; (c) to discharge, or otherwise, discriminate against any officer of a recongnised trade union because of his being such an officer; (d) to discharge, or otherwise discriminate against any workmen because he has made allegations or given evidence in an enquiry or proceeding retaining to an matter such as is referred to in para 8 above.

183 The refusal of an employer to permit his workmen to engage in trade union activities during their hours of work shall NOT be deemed to be an unfair practice on his part. The Industrial Disputes Act (Amendment Act, 1956 and Industrial Disputes (Central) Rules, 1957) Extent and application 12. This Act extends to the whole of India. This Act came into force on 1st day of April 1947. Certain categories of Defence Establishments / Installations have not been declared as Public Utilities Service and therefore the applicability of the above Acts/Rules is only optional and not obligatory. In public emergency these can be declared by Government to be Public utility Service by notification in the official gazette for such period as may be specified in the notification. The following categories of personnel have been agreed to be covered by the definition of Public Utility Service as given in the said Act :(a) (b) (c) (d) (e) (f) (g) (h) Fire fighting personnel. Chowkidars (employed on security duties or in lieu of DSC Platoons) Gatekeepers. Telephone Operators. Conservancy Sweepers. Sanitary Assistants. Sanitary Inspectors. Mates and Mazdoors actually employed on sanitation work. (Authority : AHQ No 70223/AG/ORG-4(Civ) (c) dated 9-4-58).

The two institutions for the prevention and settlement of industrial dispute in the Defence Establishments are :(a) (b) Works committees consisting of representatives of employees and workmen. Negotiating Machinery set up at various levels.

Object 13. To regulate the settlement of industrial disputes. Definition 14. (a) Industrial Dispute means any dispute nor difference between employers and employers or between employers and workmen or between workmen and which is connected with the employment or on-employment or the term of employment or with the conditions of labour, of any person. Strike means a cessation of work by a body of persons employed in any industry acting in combination, of concerted refusal under a common understanding, of any number of persons who are or have been so employed. Section 22 of the Industrial Disputes Act 47 states that no person employed in a Public Utility Service shall go on strike in breach of contract :(i) without giving to the employer notice of strike, as hereinafter provided, within six weeks before striking or (ii) within fourteen days of giving such notices; or (iii) before the expiry of the date of strike specified in any such notice as aforesaid; or (iv) during the pendency of any conciliation proceedings before a Conciliation Officer and seven days after the conclusion of such proceedings. Illegal Strike means a strike which by virtue of any law for the time being in force is illegal. Irregular Strike means an illegal strike or a strike declared by a Trade Union in

(b)

(c) (d)

184 contravention of its rules referred to in clause (d) para 7 i.e. rules provided for the procedure for declaring a strike. Workmen means any person (including an apprentice) employed in any industry to do any skilled or unskilled manual, supervisory, technical work if supervisory drawing wages not exceeding Rs. 500/- p.m. and not exercising functions mainly of a managerial or administrative nature.

(e)

Works Committee 15. In the case of any Industrial establishment in which one hundred or more workmen are employed or have been employed on any day on the preceding 12 months, a Works Committee consisting of representatives of employers and workmen engaged in the establishment shall be constituted. In MES Works Committees function at the GE level. Duties of Works Committee 16. It shall be the duty of the Works Committee to promote measures for securing and preserving amity and good relation between employers and workmen and, to that end to comment upon matters of their common interest or concern and endeavor to compromise any material difference of option in respect of such matters. Members 17. The number of members constituting the committee shall be fixed so as to afford representation to the various categories, groups and classes of workmen engaged in, and to the sections shops or departments of the establishment provided that the total number of members do not exceed twenty and also that the number of representatives of the workmen shall not be less than the numbers of representatives of the employer. Representatives of Employers 18. The representatives of the employers shall be nominated by the employer and shall as far as possible be officials in direct touch with the working of the establishment. Consultation with Trade Unions 19. Where any workmen of an establishment are members of a registered trade union, the election will be made in consultation with the union and in accordance with the prescribed rules. NOTE :Detailed instructions regarding the formation and conduct of works committees are laid down in AHQ letter No 20852/AG/Org (c) dated 5-9-1957.

Joint Consultative Machinery (JCM) Councils 20. JCM Councils have been established at various level for promoting harmonious relations and to secure greatest measure of co-operation between Govt and its employees in atters of common concern and further to increase efficiency of public servant combined with the welfare of the employees. The levels of JCM are :National level Ministry of Home Affairs Departmental level Ministry of Defence Third level Army HQ (AGs Branch) Fourth CWE/ESD in the MES. 21. The following subjects are normally covered :Council Subject covered (a) National Council Matters such as Pay, DA, remuneration etc, and matters pertaining to more than one department. (b) Departmental Council Matters affecting staff employed in that (M of D level) Department only. (c) Third level (AHQ level) Unsettled items from Fourth level Council,

185 general grievances regarding working conditions such as medical facilities, security of wage structure, trade testing, promotions, transfers etc. all matters relating to local conditions of work , welfare, improvement in efficiency of work.

(d)

Fourth level

IV Level JCM Council 22. In the lower formation of the MES we are concerned with the IV Level JCM Councils formed at a CWEs/ESD level. The following are some of the important points :(a) Strength of official side is upto 5 members. Where gazetted officers are not adequate, one or two non-gazetted members may be included. (b) Staff side. 8 members, to be serving employees of the establishment. (Distribution as per para 3 (i) (a) to (d) of Appendix D to CPRO 25/71). (c) Head of Establishment is the Chairman. The Chairman is not to be counted against the strength of official side members. (d) Tenure of Council is 3 years. Staff side members function for 3 years except when they cease to be member under certain circumstances (CPRO 25/71). (e) Points not falling within the purview of the Council are given in Para 2 (i) of Appendix D to CPRO 25/71 and should not be accepted for inclusion in the Agenda. (f) In minutes of the meetings, who is the Leader and Secretary of Staff side and against the staff side members also indicate the name(s) of the Union/Works Committee which they represent. (g) Draft Rules should be adopted and joint Indent signed in the inaugural meeting of the Council. (h) Each side has to appoint its own Secretary. The selection/election of the Secretary/Leader of the staff side in the Council meeting (as it sometimes is done) is not correct. (j) Date of the next meeting and date of submission of agenda points should, as far as possible, be fixed in the meeting itself. (k) Minutes of the meeting are to be confirmed in the subsequent meeting. (l) Minutes of the meeting are to be signed by the Secretaries of both the official and staff side. (G of I ,M of D No.7(1)/2000/D (JCM) dated 2 April 2002 AGs Br. No.17001/JCM/IV POLICY/MPH (Civ) (JCM) dated 19 Aug.2002 B/20957/JCM/POLICY/ EIC(2) dt.05 Sep.2002) CPRO 25/71 Strikes and Apprehended Strikes 23. The procedure for reporting threat of strike/strike labour situation during normal times and the action which on CC Unit/Establishment is required to take in the case of Stay-inStrike/Sit-down strike by civilian employees will be in brief as under :Threat of Strike/Strike Notice (a) Immediately on receipt of Strike notice or threat of strike, make suitable and adequate arrangements for running essential services and protect Government property. (b) Contact the Conciliation Officer (Central) to initiate conciliation proceedings where necessary. (c) Inform all concerned by telegram. (d) Follow up this telegram with a detailed report within 24 hours. (e) Send report every day till the strike notice is withdrawn.

186 Actual Strike (a) In the event of actual strike whether with or without notice, the Conciliation Officer (Central) concerned will be contacted immediately by telegram/telephone and requested to initiate conciliation proceedings. (b) Inform all concerned by telegram. (c) Follow up this telegram on the same day by a detailed report by an express letter. (d) Send report, every day by signal/telegram showing the developments till strike is called off. (E-in-Cs No. 27133 /Gen./EIC(2) dt. 19 Sep.91) Labour Situation Report 24. Even when labour situation appears to be peaceful, it is necessary for the Government, to keep watch on day today developments, particularly in respect of the more important Defence Installations. Weekly/ fortnightly/monthly labour situation report will therefore be submitted in accordance with instructions issued by AHQ from time to time. AGs Br. No.666851/Org.- 4(Civ)(C) dt. 11 July 73 Strike Ballot 25. In case of a recognized union deciding to take a strike ballot, the voting should be held under the personal supervision of the Labour Officer and where there is no labour officer, under the personal supervision of the administrative officer. At least 75% of the union members have to exercise their vote in a secret ballot and of the votes polled must be in favour of strike and then only the Union can give strike notice. In case of unrecognised unions these principles may not be followed. Regulation of Strike Period 26. The period of absence of individuals during the strike is treated as dies non and the period of service rendered after the strike is to be treated as in continuation of the period of service rendered before the period of strikes. But the period of strike will not be treated as period for pay increment, pension and permanency and other benefits i.e., it neither counts as service nor break in service. (Min. of /Def No 2(68)/10806/D (Lab) dated 12 Aug 1953). Sammelon held in units employing less than 15 Civ. Staff once a month as per AO 374/49. (1) M of D No. PC 19201/2/GS I(b) (v)/2719/ID/GS II dt.24 Oct.77. 75759/ AM /EIC (2) dt. 8.1.2001 Issue of passes for families and dependents of MES Employees .

187 Precis No 1515 Management School PENSION AND GRATUITIES CIVILIANS CENTRAL CIVIL SERVICES (PENSION) RULES, 1972 Introduction 1. On retirement/discharge an officer is allowed pension/gratuity as a reward for satisfactory service to the government and to assist him in old age. 2. This prcis deals with the conditions for the grant of pension/gratuity, kind of pension admissible to government servants and the rules applicable to them.

Definition of Pension/Gratuity 3. Pension is defined as a payment made to an individual on retirement/discharge in consideration of his past service. Except when the term pension is used in contra distinction to gratuity pension includes gratuity. (CSR 41) General Conditions 4. The date on which a Government servant retires or is retired or is allowed to resign or is discharged from service as also the date of death while in service are treated as the last working day. But in the case of Govt. servant who is compulsorily retired or retires voluntarily under Rule 48 of CCS (Pension) Rules, 1972, the date of retirement is treated as a non working day. (Rule 5, CCS(P) Rules, 1972) 5. The following condition govern the grant of pension :(a) That the service rendered is satisfactory. The competent authority may order a reduction in the amount of pension for unsatisfactory service. (Rule 6) (b) Future good conduct is an implied condition of every grant of pension and its continuance. The pension sanctioning authority may withhold or withdraw a pension or part thereof, if the pensioner is convicted of a serious crime or is found guilty of grave misconduct. (Rule 8(I)) (c) A Govt. servant shall not earn two pensions in the same service or post at the same time or by the same continuous service. (Rule 7) (d) The President reserves to himself the right to withhold or withdraw a pension or part thereof and to order recovery from a pension of the whole or part of any pecuniary loss caused to Govt. if the pensioner is found guilty of grave misconduct or negligence in any departmental or judicial proceedings. (Rule 9) NOTE :Departmental proceedings instituted while the Govt. servant was in service (including re-employed) shall be deemed to be proceedings under this rule and, after retirement be concluded in the same manner as if the Govt. servant had continued in service. When not instituted before retirement while in Service, sanction of the President is required. A central Service Class I (Group A) officer shall obtain the previous sanction of Government if he wishes to accept any commercial employment before the expiry of 2 years from the date of his retirement. In case of breach of any condition subject to which such permission may be granted, the Govt may order that the Govt servant shall not be entitled to the whole or part of such pension for such period as may be specified. (Rule 10). NOTE :(1) (2) Group A Officers are required to give an undertaking that they would not seek such employment within two years of retirement without prior permission. If permission is not refused within sixty days of the receipt of application, it may be deemed to have been granted.

(e)

188 (f) A pensioner who retired as a member of Central Class I service shall not accept any employment under any Govt outside India without previous permission of the Central Government, and no pension shall be payable, if he accepts such employment without proper permission, for the period of such employment or any longer period as the Govt may direct. (Rule 12) The service must be under the Govt and paid by the Government. (Rule 14). The service should be in a pensionable post.

(g) (h)

Eligibility 6. Pension is earned by an employee after ten years of qualifying service. An employee with less than 10 years qualifying service is entitled to service gratuity of an appropriate amount as set out in Rule 49(I) of the CCS (Pension) Rules, 1972. 7. Blank. 8. Blank.

Qualifying Service 9. Qualifying service commences from the date a Govt servant takes charges of the post to which he is first appointed in permanent, officiating or temporary capacity provided that :(a) In the case of Group D servant who held a lien on a permanent pensionable post prior to 17 April 1950, service rendered before the age of 16 years does not count for any purpose, and In the case of Govt servant not covered by clause (a) above, service rendered before the age of 18 years shall not count, except for compensation gratuity. (Rule 13).

(b)

10.

Service on Contract counts as qualifying service if followed without interruption by appointment to a pensionable post and if the Govt servant on contract opts to refund the Govt contribution in the Contributory Provident Fund with interest thereon including any other compensation paid to him, Rule (17). Pre-retirement civil service and military service before re-employment count subject to fulfillment of certain conditions regarding refund of gratuity including DCR gratuity and cease to draw pension as stipulated in Rule 18 and 19 of CCS (P) Rules 1972. Past service of a Govt servant dismissed, removed or compulsorily retired but re-instated on appeal or review, counts. The following entail forfeiture of past service :(a) Dismissal or removal of a Govt servant from service. (b) Resignation from service unless it is allowed to be withdrawn. NOTE :(c) Resignation submitted to take up another appointment, with proper permission, under the Govt where service qualifies, does not entail forfeiture of past service. Interruption in service, except in the following cases :(i) Authorised leave. (ii) Unauthorised absence in continuation of authorized leave. (iii) Suspension followed by re-installment. (iv) Transfer to non-qualifying post if ordered in public interest. (v) Joining time while on transfer one post to another.

11.

12. 13.

Condonation of Break/Interruptions in Service 14. The appointing authority may condone interruption in the service Govt servant provided that :-

189

(a) (b) (c) 15.

Interruptions were caused by reasons beyond the control of the Government servant. The total service excluding interruptions is not less than five years. The interruption, including two or more interruptions, does not exceed one year.

The period of interruption condoned under Para 14 above shall not count as qualifying service. (Rule 28).

Emoluments Counting Towards Pension 16. Emoluments means pay as defied in Rule 9(21) (a) (i) of the Fundamental Rules, in the Govt servant was receiving immediately before his retirement or on the date of death. 17. Average emoluments are determined with reference to the emoluments drawn by the Govt servant during the last 10 complete months of his service.

Retirement on Completion of 30 years Qualifying Service/ 55 Years Age. 18. A Govt servant has the right to retire after he has completed 30 years qualifying service or 55 years of age by giving 3 months, notice in writing to the appointing authority. This notice can be withdrawn only with the specific approval of the appointing authority provided the request for withdrawal is made within the intended date of his retirement. 19. Similarly the Government may require the Govt servant to retire in public interest after completion of 30 years of service or 55 years of age by giving him in writing 3 months notice or 3 months pay and allowances in lieu of such notice. NOTE :(1) (2) This does not apply to Group D employees who entered service on or before 23 July 1966. A Group A or B Govt, servant who entered service befor the age of 35 years can be retired after he has attained the age of 50 years. (Art 459 CSR, Rule 48 CCS ((Pension) Rules, 1972, FR 56 and GI, MHA (DPAR) Memo No 25013/14/77 Estt (A) dated 05 January 1978)

20.

In the case of such retirement the Govt, servant is entitled to retiring pension based on the number of years of qualifying service.

Retirement on Completion of Twenty Years Qualifying Service 21. Those who have put in not less than 20 years of qualifying service may retire voluntarily by giving in writing a notice of not less than 3 months. Such notice is required to be accepted by the appointing authority when the retirement becomes effective from the date of expiry of the said period. Weightage of upto 5 years will be added to the qualifying service provided that :(a) The total qualifying service including weithtage does not exceed 33 years, and (b) It does not exceed that qualifying service has the official retired voluntarily at the lowest age limit for voluntary retirement prescribed in clause (k) of FR 56. (See para 18 above) Rule 48 A, CCS (Pen) Rules Classes of Pension 22. (a) Superannuation Pension Granted to a Government servant who retires on attaining the age of compulsory retirement. (b) Retiring Pension Granted to a Government servant who :(i) retires, or is retired in advance of the age of compulsory retirement by giving the prescribed notice; and

190 (ii) (c) (d) to a Govt servant who, or being declared surplus, opts for voluntary retirement under Rules 29 of CCS (Pension) Rule 1972. Invalid Pension Granted to a Govt servant who is declared by the appropriate medical authority to be permanently incapacitated for further service. Compensation Pension - Granted to a Govt to a Govt servant who is selected for discharge owing to abolition of his permanent post. Compensation pension is admissible even if a lower post offered to him is not accepted by him. Notice of at least 3 months of pay and allowances in lieu for the period by which such notice falls short of 3 months will be given to the Government servant. Compensation pension is based on the service rendered by him Compulsory Retirement Pension A Govt servant compulsorily retired as a penalty may be granted by the competent authority pension or gratuity or both at a rate not less than two thirds and not more than the full compensation pension or gratuity or both admissible to him on the date of his compulsory retirement. The pension so granted shall not be less than the minimum of Rs. 1275/- prescribed in the rules. Compassionate Allowance A Govt. servant who is dismissed or removed from service forfeits his pension and gratuity and is not entitled to pensionary benefits. But in cases deserving special consideration, the authority competent to dismiss or remove him from service may sanction a compassionate allowance not exceeding two-thirds of pension or gratuity or both which would have been admissible to him had he retired on compensation pension. Compassionate allowance so sanctioned shall not be less than the minimum of Rs. 40/- prescribed in the rules. Extraordinary Pension An award in the form of monthly pension to a widow and allowance to children is admissible under the Central Civil Service (Extraordinary Pension) Rules, if the death of a Govt. servant is accepted due to Govt. service. A disability pension is admissible to a Govt. servant who is permanently in capacitated on account of injury or disease attributable to Govt. service. Family Pension Family pension is admissible when a government servant dies while in service or if he was in receipt of pension on the date of death as per family pension rules 1964 as amended from time to time.

(e)

(f)

(g)

(h)

Commutation 23. A Government servant governed by the Central Civil Services (Pension) Rules, 1972, is entitled to commute for a lumpsum payment any portion not exceeding 40 % of any pension which may be or has been granted to him provided that uncommuted residue of pension shall not be less than Rs. 250/- per annum. 24. A Government servant against whom departmental or judicial proceedings have been instituted or a pensioner against whom such proceedings have been instituted or contined shall not be permitted to commute any part of his pension during the pendency of such proceedings. (Civil Pension (Commutation) Rules) 25. A Govt servant who applies for commutation of pension within one year of the date of his retirement will not be subjected to medical examination for purposes of payment of commuted value. This does not apply to those retiring on invalid pension or those who apply for commutation of pension after one year of their retirement. (G of I, Min of Fin (Dept of Expdr) Memo No 15(5) EV (A)/76 dated 25 Feb 1978 and even number dated 01 Dec 1978)

191 Precis No 1516 Management School CLASSIFICATION AND HANDLING OF CLASSIFIED DOCUMENTS Introduction 1. Every government department and private concern has framed rules for the protection of its correspondence with a view to prevent access to persons not authorized to see them. Similarly the Defence Department has laid down rules for the protection of classified documents and safeguarding official information. 2. This prcis deals with the categories of classified documents, responsibilities for grading and methods of handling such documents. Documents Documents consist of any form of record information Classified Documents Any document that contains information which, in the interest of national security or for administrative reasons, is desirable or essential to safeguard and has accordingly been assigned one of the classifications mentioned in Para 4. Material or Matter Material refers to any article , substance or apparatus of part thereof Handling The preparation transmission and custody of documents. Accountable Any classified documents, matter or material, (normally Top Secret or Secret) the safe custody of which is to be certified periodically (usually annually). Order of Battle The Indentity, Strength and Command structure of our Armed Forces. Ammunition of War Any item used for war. The items also includes any other article, material or device whether actual or proposed, intended for such use.

Definition 3. (a) (b)

(c) (d) (e) (f) (g)

Security Gradings Categories (a) TOP SECRET (Signal abbreviation TOP SEC) (b) SECRET (No abbreviation). (c) CONFIDENTIAL - (Signal abbreviation CONFD). (d) RESTRICTED - (Signal abbreviation RESTD) (e) UNCLASSIFIED - (Signal abbreviation UNCLAS. Not to be specified except in case of signal messages). Definition and Examples (a) Top Secret This classification shall be applied to information and material the unauthorised disclosure of which could be expected to cause exceptionally serious damage to national Security or national interest. This category is reserved for the nations closed Secrets and is to be used with great reserve. (b) Secret. This classification shall be applied to information and materials the unauthorised disclosure of which could be expected to cause serious damage to the national security or national serious embarrassment to Govt in its functions, interests or cause. This classification should be used for highly important matters and is the highest classification normally used. (c) Confidential This classification shall be applied for information and material, the unauthorised disclosure of which could be expected to cause damage to the national security or

192 which would be prejudicial to the national interest or would embarrass the Government in its functioning. Restricted This classification shall be applied to information and materials which is essentially meant for official use only and should not be published or communicated to any one except for official purpose.

(d)

Responsibility for Grading Documents 6. The originator of a document is personally responsible for its correct security grading commensurate with the information contained therein 7. As per the latest policy of the Govt, Top Secret Documents/Correspondence can be only originated by an officer not below the rank of Col. The origination and custody of secret documents will be only by an officer of the rank not below Major. The policy regarding origination and custody of top Secret and secret documents is as follows:Top Secret Unit Sth HQ Bdge/Sub Area Origination Cdr Cdr/CAG Cdr Col GS/Col Adm Custody Cdr/Adm Comdt Cdr/OAS Cdr/BM

(a)

(b)

(d) (e)

Div/Area HQ Col GS/Col Adm Corps HQ Comd HQ Brig Brig/Col Arm HQ Brig ADG/Direcot Secret Unit/Stn HQs Col/Cdr CO/Cdr/Adm Comdt Bde/Sub Area Cdr/Col GS/Col Adm Cdr/Col GS/Col Adm Div/Area HQ GSO I GSO I Corps HQ Col GS/Col Adm Col GS/Col Adm/GSO-I Comd HQ ,, ,, Arm HQ DDS/Director/GSO I DDG/Director/GSO I/GSO2 (c ) Confidential and Restricted . Downgrading Downgrading is carried out only by agreement of issuing authority . This agreement is placed on records. Overgrading Documents should not be overgraded. In peace time the inclusion in TOP SECRET categories is relatively .

Access to and Extent/ of Circulation of Documents of Each Security Category and Method of Method of Marking. 8. Top Secret and Secret (a) Officers concerned are to ensure that access and distribution is reduced to the minimum. (b) Persons employed on this type of work are especially selected and as far as possible work in separate rooms. Typing is not sent to typing pool. (c) Person employed on Top secret work will be reverified immediately on assignment to Top secret work and thereafter at intervals not exceeding two years. Confidential and Restricted (a) Usually such documents require more extensive circulation than TOP SECRET and SECRET. Greatest care should be taken in their handling and circulation. (b) Restricted documents may be made available to all ranks who should see them for official purpose only.

9.

193 10. Marking (a) All documents containing classified matter have the security classification printed, stamped or typed in bold capital letters on the top and bottom centre of each page of the document. The security grading is underlined except when it is stamped. In case of documents in book form , the front and back covers are also marked on the outer side of the cover. (b) Where possible, Top Secret documents are printed or written on coloured paper so that they may be easily recognized. (c) File covers containing Top Secret documents are marked with a diagonal red cross, one inch width extending from corner to corner on both the front and back covers. (d) Appropriate security classifications is inserted in the signal message in the space provided for the purpose.

11.

Page Numbering All pages will be numbered consecutively. The total number of pages of Top Secret, Secret and confidential documents (except documents produced produced in the form of a book or manual which is bound permanently) will be indicated below the security classification at the top center of the first page of the document thus :(SECRET) (Six Pages) Accounting and checks of Classified Documents 12. (a) Where an originator desires that a documents should be accounted for periodically, the fact is stated prominently on the documents. (b) Physical check of all files is carried out quarterly to verify their existence. (c) A detailed check of the contents of all TOP SECRET files and accountable documents is carried out quarterly and SECRET files annually. (d) All checks are suitably recorded. (e) Units and formations will render necessary certificates to higher authorities in accordance with the provisions of para 53 of the pamphlet Classification and Handling of Classified Document, 1966. (f) Where an officer who has charge of any classified documents is about to vacate his appointment he hands over both the list and the documents to his successor, obtaining the necessary receipt .The reliving officer checks the details to ensure that there is no loss. If no relief is posted on account of abolition of appointment all such documents are returned to the issuing authority Transmission, Opening and Recording 13. Transmission (a) Top Secret and Secret Such documents are transmitted in 2 envelopes , ( inner cover to be new and marked with appropriate classification) through officially designated courier or registered acknowledgement due by post. If Top Secret, the inner cover is also marked to be opened by. (the holder of an appointment or name of the individual being stated ) Normally the holder of an appointment is mentioned and not an individual officer or official . (b) Confidential Confidential documents are transmitted in 2 envelopes (inner cover to be new and marked with classification ) by registered post or through courier if more important. ( c) Restricted Such documents are transmitted at the discretion of the sender. 14. Opening (a) Top Secret documents are opened only by the addressee or in his absence by officer officiating for him . (b) Secret and Confidential are opened either by the addressee or an official so authorized by him.

194 (c ) (d) Restricted documents may be opened by any designated clerk . When an inner cover is marked, To be opened personally by.. it should be opened only by the officer or official named or , when absent by the officer officiating for him.

15.

Recording Secret (a) The recording of all Top Secret Accountable and other Classified documents addressed by name or appointment will be carried out by an officer selected for the purpose. (b) The recording of other classified documents may be carried out by Head Clerk or selected clerks.

Internal Handling and Circulation 16. Handling The following instructions will be observed to minimize the chances of any leakage of classified information :(a) Within offices , TOP SECRET, SECRET and CONFIDENTIAL documents may be passed by the hand of an authorized officer. In case the officer is other than the one dealing with the case, the documents will be enclosed in a scaled cover. When enclosed in sealed envelope bearing an appropriate security classification and addressed personally to an authorized officer, these may be passed by the hand of a JCO, NCO Assistant or a Clerk also. However when such documents have to pass through a Registry, two envelopes will be used. (b) Peons and orderlies will not clear office trays of classified papers. All classified papers to be sent to an officer by his staff or vice versa will only be carried by the officer himself or one of the authorized subordinate officers or clerical staff. (c) As a rule, peons and orderlies will not carry classified papers from one office room or place of work to another with the following exceptions :(i) Classified documents other than RESTRICTED may be carried by them in double sealed covers duly registered in the despatch book from one room to another within the same block of offices. (ii) Classified documents mentioned in (i) above, may be carried by them from one block of offices to another in a locked steel box, one key of which is with an authorized sender and the other (duplicate) with the authorized recepient. Where it is not possible to use a locked box for any reason, such documents may be passed from one block to another by a person authorized as in (a) above. (iii) RESTRICTED documents may be carried in single closed covers both within offices in a block and from one block to another.

195 Precis No 1517 Management School FORMS, STATIONERY, LOCAL PRINTING, BINDING AND OFFICE EQUIPMENT Introduction 1. Every establishment has some sorts of forms, stationery and equipment for their use. Their supply and printing are arranged through various sources. Similarly, the Government has prescribed various types of forms, stationery and office equipment for use in various departments/formations. They have also laid down Rules for their supply, printing and binding. 2. This prcis deals with the various types of forms and the method of the printing, bindings and the procurement thereof and of stationery and office equipment.

Forms 3. Standard and special forms for general use by units are indicated in the publication Approved List of Standard Army Forms and Books. Army Books and Forms, India Army Forms (except some IAFO Series) and all civil forms (in s Series) are printed and stocked by the Manager, Govt of India Forms Stores, Calcutta, Indent are submitted in the normal manner on the Manager, Govt of India forms Store, Calcutta (in the case of units entitled to do so) and on the Command Stationery Depot concerned (in the case of units dependent on them) in accordance with the instructions laid down in Command Orders. (AI44/76) 4. MES is mainly concerned with W Series bur also uses accounts, civil forms in the s Series and other local forms when requited under various regulations and orders of the higher authorities concerned. Unauthorised additions and alterations in standard forms are not permissible. Rules and instructions printed on the standard forms have the force of authorized rules and instructions. (E-in-Cs Standing Orders for the MES, Para 115) Instructions regarding issue and use of Railway forms normally used for Defence Service Personnel are contained in AO 570/53.

5.

6.

Stationery 7. Detailed instructions regarding Printing and Stationery Rules for military offices and local purchase Stationery are given in AI 44/76. 8. All articles of stationery are to be obtained from the stationery depot concerned on as required basis, or from stationery office, Calcutta in the case of those dependent on it. (List of DDCs is circulated separately by DMR & F). There is no system of monetary allotment. The cost is debited to Army Printing and Stationery Head of Defence Services Estimates.

Local Purchase of Stationery 9. Local purchase upto authorized limits may be resorted to in cases where the Supplying Agency fails to comply with the indents in 3 months, and for items which have been deleted from the vocabulary of Stationery Stores, with suitable intimation to the supplying authority of the particulars of such purchases. 10. NAC is not necessary excect when local purchase falls beyond three months limits. 11. All local purchases are made on competitive basis at the lowest market rates. This requirement is dispensed within the case of purchase form CSD.

196 Financial Power of Local Purchase of Stationery 12. Expenditure on local purchase of stationery stores including printing and binding through private agencies

Chief Engineer Rs 4,000/- per transaction with maximum of Rs24,000/- in the year CWE/GE Rs 4,000/- per transaction limited to Rs 24,000/- during the year (SAO 21/S/76)

Powers of Local Printing of Army Forms 13. The power delegated for printing of standard and special Army Forms are as under :Chief Engineer OsC Unit/Head of Offices in respect Of civil establishments Standard Forms- Rs.500/-per transaction including Cost of paper when not available from normal sourse of supply. Rs.250/-per transaction including Cost of paper when not available from normal sourse of supply.

Special Forms 14. Important conditions to be complied with while resorting to local printing are :(a) NA Certificate should be obtained from the Manager, G of I Forms Stores, Calcutta or the Stationery Depot concerned. (b) OC Units should obtained approval of the next higher/superior-formation. This, however, is not necessary where the unit is commanded by Brigadier and above. (c) Security and accountable forms are not to be locally printed. (d) Printing should be to meet minimum essential requirement and on competitive basis (minimum three quotations). (e) Paper is to be supplied by Govt. (f) Copy of the sanction letter should be endorsed to DMR & F. (Min of Def No. F 6 (3)/71/PF & SII dated 8 May 73 provision extended upto 31 mar 1982 vide Min of Def No. F 6(8)/71/9814 PF & S-I dated 28 Dec 1980) Drawing Stationery 15. In addition to local purchase of stationery as per para 12 above the Heads of Offices have powers to incur expenditure upto Rs 125/- per transaction (Subject to Rs 15/- per individual using drawing office stationery per months) in respect of items not stocked by Stationary Depot,limited to Rs.500/- per annum. (AI 44/76) Rubber Stamps and Seals 16. Small quantities of rubber stamps and brass seals on competitive basis may be purchased upt Rs 10/- at a time and Rs 25/- in a year. For large quantities, orders may be placed by DDOs on rate contract/rubber stamps manufacturers on Forms SO 162-B (obtainable from Govt of India, Stationery Office, Calcutta). Bills are paid direct by DDOs. 17. Indents for seal are to be placed on Supdt P & T Forms and Seals, Aligarhr for direct supply, in ordinary letter form. The cost is adjusted by debit by Supdt P & T Forms against the CDA concerned. (AI 44/76)

Contingencies and Office Equipment 18. Stationery comprises of office requisites other than office machinery and appliances, furniture, forms, candles and drawing instruments. Items classified as contingent charges are given in MES Regs Para 114.

197 19. Furniture and equipment, fire fighting appliances and Scientific, drawing and delicate measuring instruments for office of E-in-C and Chief Engineers are classed as contingent charges. The furniture required for other MES offices is charged to the head as for army units, fire fighting appliance to Hd 4C (a) 16(ii) and office equipment and drawing/scientific measuring instruments to head 4 C(a) 16(ii). (MES Regs, Para 114) 20. Initial supply and subsequent repairs of all Scientific, drawing and delicate measuring instruments is the responsibility of the National Instruments Factory, Calcutta. Demands for such equipments will be made as required. (MES Regs, para 111) Bicycles 21. Scale of Bicycle for use of MES offices as follows :(a) CWE 3 (b) GE/(Indep) AGE2 (c) Sub Divisional Offices1 (d) Divisional Stock 1 22. Chief Engineer may sanction the number of bicycles required for his own office, for ESDs and also any additional number required by CWE, GE or Sub-Divisional Officer. In addition, GE/(Indep) AGE may sanction one bicycle for use in Inspection Bungalow. (MES Regs, Para 118)

23.

Typewriters and Duplicators 24. Supply is sanctioned by DMR & F. 25. The following scales are laid down of typewriter :PA/Steno 1 Typewriter Plus For every 3.5 clerks whose duties Involve typewriter (for fractions over 1.75 clerks count one typewriter) One Typewriter Repairs through authorized agents upto Rs 300/- per Standard Typewriter and Rs 150/per portable typewriter during the year may be sanctioned locally and beyond this limit sanction of army commander/equivalent is required. (M of D No. 7/(10/85/6229/PF & S IV dated 1 Oct 85). When repairs cannot be carried out through authorized agent they may be done through local reputed dealers/firms not more than twice in twelve months, the cost of such repairs being limited to Rs 75/- per typewriter in any period of 12 months. Repairs to duplicators may be carried out to the extent shown below per duplicator beyond which sanction of DMR & F is required. Electric duplicator Rs 500/- per annum. Hand operated self feed Rs 300/- per annum. Hand operated hand feed Rs 150/- per annum. History Card (IAFZ-3062) is to be maintained for each machine showing particulars if eacg machine with expenditure incurred on repairs. The History Card is to accompany the machine when it is transferred. The normal life of a Typewriter is 15 years. Guidelines for condemnation of Typewriter when they get beyond economical repairs are given in AI 1/78.

26.

27.

28.

29.

30.

198 Local Purchase of Stationery Debitable to Project Contingencies. 31. In addition to the normal powers of local purchase of stationery. MES authorities have been delegated financial powers as under for local purchase of stationery debitable to project contingencies for selected items of stationery (such as tracing paper, double F/cap paper (Ruled/unruled), carbon papers, stencils, ammonia printing paper, ammonia liquid , cartridge paper etc):(a) Chief Engineer Rs 10,000/- per annum. (b) DCE (when functioning independently) Rs 8,000/- per annum. (c) CsWe Rs 6,000/- per annum. (d) GEs Rs 3,000/- per annum. (e) AGEs (Indep) Rs 1,000/- Per Annum. (G of I Min of Def No 41981/E2 (WPC)/1776/PF & SI dated 29 Apr 76, provisions extended upto 30 Mar 1982 vide No 41981/E2 (WPC)/PC-IV/4577/PF & S-I dated 22 Aug 1979)

199 Precis No 1518 Management School COURT OF INQUIRY AND EVIDENCE Introduction 1. A Court of Inquiry, departmental or staff, is actually a fact finding board. The necessity of such court arises on the following cases :(a) Loses of stores, cash or documents and serious damages to Govt property or human lives. (b) Departmental and technical irregularities. (c) Complicated disciplinary cases. 2. This prcis deals with the classes of Court of Inquiry and the procedure followed in holding Court of Inquiry and the evidence needed therefore.

Classes of Court of Inquiries 3. There are two classes of Inquiries :(a) Departmental. (b) Staff. 4. 5. All preliminary investigations are made by the superior officer of the individual immediately in charge of the stores or other government property concerned. (a) A departmental inquiry is held in cases of losses/injuries NOT due to theft, fraud or neglect. Such cases are deal with through departmental channels. (b) A staff court of inquiry is held in respect of losses/injuries due to theft, fraud or neglect and in case of fatal accident. These cases are proceeded with through Staff Channels. A Court of Inquiry is invariable convened to investigate all losses, which under existing rules and regulations, require sanction of the Government of India to write off. Such court of inquiry are promptly covened and their findings submitted to government with suitable recommendations. In certain exceptional cases, the holding of a court of inquiry may yield no useful results. In such cases, specific concurrence of government is obtained to the waiving of the general rules requiring an inquiry. The latter type of cases are submitted very promptly, together with detailed reasons why it is felt that the inquiry may be dispensed with. (G of I, M of D No. F 16/50/D(Coord) of 6 Jun 52 and E-inC AHQ No 27561/152/E Coord of 18 Jun 52)

6.

Procedure 7. When a case requiring an inquiry comes to light, the immediate officer (e.g. GE) makes a report to his next superior authority (e.g. CWE). The latter, after examining the information available decides the necessity as otherwise of a C of I. If he (e.g., CWE) considers that a reference to his superior authority (eg. CE) is necessary, he does so. 8. If it is decided to hold a departmental Inquiry, the CWE issues a convening order setting down the terms of reference. Such an inquiry may be convened by the GE/OC, ESD also, without reference to the CWE. In the case of Staff Court of inquiry, the CWE refers the matter to his staff HQ who issue convening order setting down the terms of reference. GE/OC, ESD etc may also request the Staff at their level to convene a C of I..

9.

200 10. The assembling authority indicates the purpose for which the C of I is to be assembled, by concise full and specific instructions in the terms of reference, together with time, date and place of meeting.

Composition 11. A court of inquiry is composed of officers or officers and JCO or NCO and/or Subordinates. Normally the presiding officer is appointed by name and the members of the board are detailed by the convening authority. The members of a mixed civil and military board take precedence in accordance with the prescribed order in the Army List (see AO 399/54). 12. Stationery and forms are normally supplied by the unit which applies for an inquiry. IAFD- 931 is used for the purpose. Court includes all judges, magistrates, and all persons, except arbitrators, authorized to take evidence. Fact means and includes :(i)any things, state of things, or relation of things capable of being perceived by the senses and ; (ii)any mental condition of which any person is conscious. Burden of proof lies on the person who is bound to prove the existence of any fact. In a suit or proceeding it lies on that person who would fail if no evidence at all were given on either side. Proved A fact is said to be proved when, after considering the matters before the court either believes it to exist, or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to accept the supposition that it exists. Evidence means and includes :(i) all statements which the court permits or requires to be made before it by witnesses; in relation to matter of fact under inquiry; such statements are called oral evidence; and, (ii) all documents produced for the inspection of the court; such documents are called documentary evidence.

Evidence 13. (a) (b)

(c) (d)

(e)

14.

All evidence must be either oral or documentary. The witnesses are warned of correct statements. The evidence is taken down in a narrative form in, as nearly as possible, the words used; but in any case where a court considers it material, the question and answer shall be taken down verbatim. Order of production and the examination of witnesses is regulated by the law and practice for the time being in force and, in their absence, by the discretion of the court. The witnesses may be cross-examined and re-examined. A witness may refresh his memory be referring to any writing made by himself at the time of transaction concerning which he is questioned.

15.

16.

Witness 17. All persons, other than the individuals directly implicated in a case, are competent witnesses unless the court considers that they are prevented from understanding the questions put to them or from giving rational answers to those questions by reasons of :(a) Tender age. (b) Extreme old age. (c) Disease, whether of body or mind, or any other cause of the same kind, when the law disqualifies any witness to give evidence.

201 18. It is the duty of the court to put any question to the witness it thinks desirable to testify the correctness or truth of any evidence they have given :(Indian Evidence Act, 1872)

Production of Official Documents 19. (a) The law relating to the production of unpublished official records as evidence in court is contained in Sections 123, 124 and 162 of the Indian Evidence Act, 1872(Act I of 1872), which are reproduced below :123: No one shall be permitted to give any evidence derived from unpublished official records relating to any affairs of state, except with the permission of the officer at the head of the department concerned. Who shall have or without such permission as he thinks fit. 124: No public officer shall be compelled to disclose communications made to him in official confidence. When he considers that the public interest would suffer by the disclosure. 162: A witness summoned to produce a document shall, if it is in his possession or power, bring it to Court notwithstanding any objection which there may be to its production or to its admissibility. The validity of any such objection shall be decided on by the Court. The court, if it sees, fit, may inspect the documents, unless it refers to matters of State, or take other evidence to enable it to determine on its admissibility. (b) For the purpose of Section 123 above the expression officer at the head of the department may be held to mean :(i) Secretary, Additional Secretary or Joint Secretary :In the case of records held in the Ministry of Defence or in the InterService Organisations other than the Directorate General of Medical Services and the Directorate General, Ordnance Factories. (ii) PSOs, E-in-C and Military Secretary at Army Headquarters, GOs, C-in-C of Commands, Area and Divisional Commanders, Independent Sub Area/Independent Brigade Commanders in the case of records held in the Army.

(c)

A Government servant other than the Head of a Department who is summoned to produce an official document should first determine whether the document is in his custody and he is in a position to produce it. In this connection, it may be stated that all official records are normally in the custody of the Head of the Department and it is only under special circumstances that an official document can be said to be in the custody of an individual Government servant. If the document is not in the custody of the Government servant summoned, he should inform the court accordingly. If under any special circumstances, the document is in the custody of the Government servant summoned, he should next determine whether the document is an unpublished official record relating to affairs of State and privilege under Section 123 should be claimed in respect of it. If he is of the view that such privilege should be claimed or if he is doubtful of the position, he should refer the matters to the Head of the Department, who will issue necessary instruction and will also furnish the affidavit in the prescribed from in suitable cases. If the document is such that privilege under Section 123 could not be claimed but if the Govt servant considers that the document is a communication made to him in official confidence an that the public interest would suffer by its disclosure, he should claim privilege under Section 124 in the prescribed from. In case of doubt, he should seek the advice of the Head of the Department.

202 (d) The Government servant who is to attend a court as a witness with official documents should, where permission under Section 123 has been withheld, be given the affidavit duly signed by the Head of the Department in the prescribed from. He should produce it when he is called upto give his evidence, and should explain that he is not at liberty to produce the documents before the court, or to give any evidence derived from them. He should however, take with him the papers which he has been summoned to produce. the Government servant who is summoned to produce official documents in respect of which privilege under Section 124 has to be claimed, will make an affidavit in the prescribed form. When he is not attending the court himself to give evidence, he shall have it sent to the court along with the documents. The person through whole the documents are sent to court should submit the affidavit to the court when called upon to produce the documents. He should take with him the documents he had been called upon to produce but should not hand them over to the court unless the court direct him to do so. They should not be shown to the opposite party. The Head of the department should obtain from entering into correspondence with the presiding officer of the court concerned in regard to the grounds on which the documents have been called for. He should obey the court orders and should appear personally, or arrange for the appearance of another officer in the court concerned, with the documents, and act as indicated in paragraph (e) above, and produce the necessary affidavit if he claims privilege. The instructions apply equally to cases in which Government is a party to the suit. In such cases, much will depend on the legal advice as to the value of the documents but before they are produced in court, the consideration stated above must be borne in mind, and reference to higher authority made, when necessary (G of I, M of D No. F 322/55/983-M/D (Coord) of 23-1-57) 20. Any cases of doubt are referred to higher authorities. Legal advice is also obtained as to the value of the documents, if necessary.

(e)

Finding and Opinion 21. After recording statements of the individual implicated in a case and the witnesses, the court summarises its findings of the facts and finally records opinion/recommendation if required. Any suggestion needed for improvement of the existing system are also recorded in accordance with the terms of reference of the convening authority. It is essential that the court should not only sift the evidence of the case thoroughly themselves to arrive at a finding, and frame recommendations if called for, but should also set out the material obtained in evidence, including exhibits (e.g. plans, report, and such like papers) in such s manner and in such an order that the superior authority receiving the proceedings may be thoroughly and clearly acquainted with all the facts and be in position to come to a definite conclusion although he may have no previous knowledge of the case. The proceedings after signature by the members of the court are forwarded by the Presiding Officer to the convening authority.

203

Orders of the Competent Authority 22. The convening authority, if so competent to pass final orders, does so on the proceeding. If the case is beyond his financial powers, he forwards the proceedings with his remarks/recommendations, to the competent financial authority for final orders.

204 Precis No 1519 Management School OFFICE PROCEDURE Introduction 1. Every organisation lays down certain standing orders for dealing with the correspondence received by it. These orders lay down the manner and mode of handling the correspondence and responsibilities of each individual concerned with the correspondence. 2. Rules for the MES are laid down in the MES Standing Orders issued by the Engineer-inChief, Army Headquarters. These rules enunciate general principles. Minor changes to suit local requirements are made by the formation/office concerned. This prcis deals in general the office procedure of a Commander Works Engineer or Garrison Engineer for the guidance of the new offices/subordinates posted to the Military Engineer Services. NOTE ;This prcis must be read after studying Precis No. 1501,1502 and 1516 relating to organisation of the Army, MES and the DAD and handling of protected correspondence. The matter contained in these prcis has not been repeated.

3.

Incoming Fresh Receipts 4. Fresh receipts are received as under :(a) Local Dak is collected by responsible orderlies by hand from other offices or collected from various post boxes, if allotted. (b) Postal Dak is obtained through the agency of the postman, window delivery or post box. Responsibility for clearing from the latter two sources rests with the office concerned, which details responsible orderlies. (c) Registered or insured dak is obtained through the postman. In special cases it is collected by responsible officials detailed by the head of the office concerned Opening 5. Whenever possible, all fresh receipts are opened in the presence of an officer by the office Superintendent who marks the section, initials and date the letter. An officer may also be detailed for this purpose. Priority slips are attached where necessary. The letters are then passed on to Record section/Central Registry for registration. Registration 6. All incoming correspondence is marked with office stamp and entered on IAFZ-2225 which is prepared in duplicate section wise, separately for classified and unclassified correspondence. Its one copy will be recorded centrally and the other kept in the section. File numbers are marked against each receipt. The letters are then passed on to the Section incharge. IAFZ-2225 is signed by the Supdt or Clerk incharge of the section in token of having received the incoming correspondence. Disposal 7. The section clerks put up the letters on the appropriate files, mark and put up reference, write brief notes suggesting action (or even draft reply), where required, for approval of the officers or the supdt as necessary,. After approval, the draft is sent for typing. 8. When typed, it is checked by the clerk concerned and put up for signature of the Section Officer through the Supdt. After signature, it is ready for despatch.

Despatch 9. The section concerned retains the office copy and files it appropriately. Fair copies with enclosures are passed on to the Despatch Section/Central Registry.

205 10. The despatcher has 2 separate despatch book :(a) Local Desptach (IAFZ 2024). More than one book may be used, if required (b) Postage Account (IAFZ 2016). This also serves as an out-station despatch register Register of letters despatched through Civil Post Office ( Postage Account) is checked daily by the Office Supdt and signed. All classified documents, personnel records and other important documents are despatched under Registered cover and acknowledgement due as considered necessary. Where loss will be detrimental to the interests of the State or the individual concerned, the documents are despatched under Insured cover.

11.

Reminders 12 Where a reply is required to an outgoing letter, a note is kept by the Section concerned in the reminder book. When a reply is not received by the due date, a reminder is issued.

Correspondence for Unit Accountant 13 The receipt/despatch work of the Unit Accountant is the responsibility of the receipt/despatch section of the Engineer Office concerned.

Arrears Reports 14 Every Monday, the Supdt I/c Section prepares an arrears report showing the incoming receipts till a week back, which have not been disposed off. This report is prepared from the dak Schedule on which each item is crossed when it has been disposed of finally. Brief reasons for delay are stated and the probable date when disposal is expected indicated. The report is then passed on to the section officer for his orders. Interim Replies / Reports 15 When a reply/report cannot be sent by the due date, an interim reply. is sent, stating reasons for delay and the probable date of submission. File : Opening and Maintenance 16 Each section is allotted a series of file number. New files are opened with the approval of the section officer, according to Main Headings of subjects dealt with a various sections. 17 Normally a file consists of 2 parts :(a) Correspondence i.e., received and issued (b) Noting Sheets (IAFW 1789-A). Generally, the files are kept in the records section. These are sent to sections as required and returned when disposed of. It may be convenient for the section to keep a current file. When the files are in the section, they are maintained and kept secure. Every morning the duftry makes note of the files in various sections or with officiers and hand over the note to the Record Section/Central Registry. This enables the latter to locate a file easily if required during the day.

18

Destruction of Files 19 Old files and other records are inspected periodically by the Supdt i/e section and those not required listed and put up to the section officer for orders regarding destruction. There is a regular drive in this respect, (a point in annual inspection report of MES Officers). MES Standing Orders Appx A gives a list of documents and the periods after which they may be destroyed. If a file is not due for destruction, it is deposited in the Records Section/Central Registry.

206 General Certain Important Hints for Clerks 20 (a) Notes and Drafts (i) Noting, drafting should be brief and to the point. (ii) Addressee should be given full details to understand the view point. Previous references should be correctly quoted (b) (c) Priority Slips Priority, urgent or other priority slips should only be used where actually needed. Use of X, Y and Z as Page Nos All outgoing letters should bear the page numbers, The use of X, Y and Z as page Nos. should be avoided as far as possible. (d) Marking of References References should invariably be marked in all incoming and outgoing letters and files Nos. noted in the dak schedules (S-30) (e) Books of References (i) (ii) (f) Book of reference should always be kept upto date by inserting amendments as and when received. Note books may be kept for recording important orders and instructions and hand over on relief.

Reminders Every morning the reminder books should be consulted and be fore a reminder is issued,it should be verified from the Record Section/Central Registry that the reply has not been received.

(g)

Message Writing Messages are written in small letters. Form is self explanatory and should be filled in accordingly. Instructions are published in AOs from time to time

(h)

Clerks should work in co-operation as a team.

207 Precis No. 1520 Management School ROUTINE INSPECTION OF MES OFFICES Introduction 1. Inspection is carried out with three objects :(a) To ensure that offices are running efficiently in accordance with the rules and instructions. (b) To set the offices right where the rules and instructions are not observed properly. (c) To bring the offices upto date. 2. Inspections also bring out the difficulties experienced by the executive in complying with the government orders and instruction and are consequently a source of setting out easy methods for quick and efficient running of an office. This precis deals in general terms with the important points to be borne in mind while holding charge of the various MES offices and when inspecting the offices of the subordinate formations.

3.

Important Points 4. Detailed points worthy of notice when actually inspecting the MES offices are given in the undermentioned forms :(a) IAFW 1778A Annual inspection report of the offices of CWE. (b) IAFW 1778B Annual inspection report of the office of a GE/SDO. Some of the important points which should be borne in mind are given in the following paragraphs. 5. 6. Blank General (a) Security arrangements are adequate and all concerned know them; Indian Official Secrets Act is signed by all concerned (b) Deviations/discrepancies are brought to the notice of immediate superiors immediately. (c) All observations noted at the last inspection have been progressed and settled. (d) System of filing, dealing with a recording of correspondence (both secret and ordinary) and submission of reports/returns are efficient; unnecessary correspondence is avoided as much as possible. (e) Separate files exist for policy and other important rulings/instructions and they are easily accessible to all concerned. (f) Books of regulations periodicals are available and are kept up-to-date. (g) Adequate fire precautions exist; surprise practices are carried out and staff is kept conversant with their duties. (h) Executive staff get out to works sufficiently and visit unit commanders regularly for laison. 7. E 1 Section (a) Office accommodation is suitable (b) Authorised establishment is correctly employed and surpluses/deficiencies regularised. (c) Central registry has been maintained and is functioning properly. (d) Class IV servants are supplied with liveries to authorised scales.

208 (e) (f) (g) (h) (i) (j) (k) 8. Service records are maintained up-to-date. Muster Rolls are compiled correctly and supported with details of stores issued and work done. Pay and accounts of personnel are settled up-to-date. Securities are furnished by subordinate personnel entrusted with the custody of cash or stores in accordance with the rules. Welfare arrangements are suitable. Disciplinary cases (including Court of Inquiry) are progressed and not held up. Old records are destroyed regularly.

E2 Section (a) Authorised registers, such as the following, are maintained properly :(i) register for all works showing progress of each work from the stage of initiation of demand until it is administratively approved. (ii) register of approval to works, (iii) barrack damages register, (iv)requisition register, (v) roads register, (vi)road metal register, (vii) periodical services measurement books and periodical services register, (viii) cantonment gazetter, (ix)register of railways sidings and platforms, (x) demolition register. (b) There are no works in progress or completed without approval of the competent financial authority. (c) Registers of requisitions reconcile with construction accounts. (d) Completion reports (Part A and B) are sent in time. (e) List of sanctioned special repairs are maintained. (f) There is a definite policy and programme for renewals and periodical repairs. (g) Road renewal programme is maintained. (h) Roads graphs are properly kept. (i) Works diaries are maintained for each major project and they are up-todate. (j) Time and progress charts are maintained properly. (k) Proper precautions are taken in the preservation of stores. (l) Action is taken to clear unwanted buildings. (m) Photographic record of major important, Works is maintained.

9.

Barrack Service (a) Adequate arrangements exist for storage of furniture and suitable repair workshop is provided. (b) Articles of furniture are maintained in good condition. (c) Authorised numerical accounts of furniture are maintained. (d) Obsolete and unserviceable furniture is stacked separately and disposed of in accordance with orders. (e) Suitable model room exist and are maintained. (f) Annual stock verification and physical check of furniture are carried out systematically. (g) Quarterly inspection of furniture is unit lines and officers quarters is done regularly. (h) Station and unit distribution ledgers of furniture and kept up-to-date amd maintained in an approved manner. (i) Register of authorized furniture and furniture stock registers are properly maintained and kept up-do-date,

209 (j) (k) 10. A list of all rentable buildings is being maintained on authorised proforma. All outstanding recoveries on account of quartering charges are being vigorously pursued.

E3 Section (a) Adequate arrangements exist for storage of stores. (b) Articles of stores are maintained in good condition. (c) Authorised numerical accounts of stores are maintained. (d) Up-to-date tally cards are maintained for all articles of stores and they agree with the ledgers. NOTE :- Check some of the items at random. (e) (f) Proper receipts are obtained from contractors and others for stores issued immediately on issue. surpluses in stores for projects are reported to the authorities concerned after due consideration of their being utilised on other jobs. (g) Procedure for disposing of unserviceable stores is a practical affair which prevents the possibility of re-issue. Security arrangements are adequate against theft. preservation and stacking of different stores have been carried out in an approval manner.

(h) (i) 11.

E4 Section (a) Visual checks are made on overhead lines, pipes, pipe lines leading to gardens and supply lines to detect unauthorised connections. (b) Installed machinery, tools and plant, spares, first aid appliances, buildings including workshop are clean and tidy. (c) Satisfactory arrangements exist for repair of T and P. (d) Adequate safety precautions exist where machinery are in motion and staff is conversant with the artificial respiration process. (e) Authorised protective clothing, dark glasses, torches, rubber gloves are issued to E/M personnel concerned. (f) Fuel handling system is efficient; fuel and lubricants are checked daily and turnover is effected on the reserve. (g) Use of expendable stores, such as cotton waste, is enconomised. (h) Adequate transport arrangements exist for officers/subordinates; vehicles are kept in running order and no abuse is made. (j) Installations governed by the Factories Act and Boiler Regulations are reported, certificates obtained and the inspectors concerned are satisfied that the usual requirements have been observed. (k) Air conditioners/refrigerators are provide in hospitals/buildings where authorised. (l) Lighting conductors are tested periodically and test records checked and initialled. (m) No plant is lying idle for want of spare parts and regular inspections/tests in respect of plant and machinery (including refrigerators and air conditioners) are carried out where necessary. (n) Log sheets and plant running record books are kept up-to-date. E-5 Section (a) Authorised registers, such as the following are maintained up-to-date:(i) (ii) (iii) Register of appropriations. Register of securities. Unpaid wages register.

12.

210 (b) (c) (d) (e) (f) (g) (h) (j) 13. Accurate data is available for preparation of Schedule of Demands. There is proper co-ordination between the executive staff and the unit accountant. Construction account are maintained properly. Monthly expenditure returns are submitted punctually. Expenditure charts are maintained properly. The case is properly protected and suitable arrangements exist when transacting cash business with banks/treasuries. Cash book is maintained properly and checked regularly by the UA; payments are made by officers concerned or duly authorized subordinates. Audit observation on cash accounts are settled expeditiously.

E-6 Section (a) The following registers/documents are maintained up-to-date:(i) (ii) (iii) (iv) (b) (c) Register of plans. Record drawings, Cantonment and other station plans. Type plans.

System of keeping drawings is efficient. Register of permanent and temporary buildings etc. are maintained up-to-date and corrections notified to all concerned.

14.

E-8 Section (a) The following are maintained properly and up-to-date. (i) (ii) (iii) (iv) (v) (vi) (vii) (b) (c) (d) (e) Register of contractors, Register of contracts, Bill register, Record of contractors, Register of security deposits, Register of star prices and proportional rates, Work site order book.

Disputed claims of contractors are disposed of in accordance with the rules. Contractors bills are paid promptly subject to normal rules. No completed work is remaining unmeasured and unbilled for. Bills and muster rolls are properly checked by the surveyors staff in accordance with the rules.

15.

Unit Accountant Office (a) (b) (c) (d) (e) UA has no difficulty in having access to executive accounts for reconciliation purposes; his books and accounts are properly maintained and rendered on due dates. Register of sanction is maintained in complete and up-to-date condition. Register of specimen signature is up-to-date. Register of measurement books is properly maintained; the balance is correct and those issued to exist. Completed measurement books are returned to the UA.

211

Precis No 1521 Management School DUTIES OF SUBORDINATES Introduction 1 In any organised set up , which involves employment of more than one individual, the first pre-requisite to smooth functioning is to lay down specific duties for each individual. By laying down specific duties, the work is executed in time and delay is avoided. MES has similarly laid down specific duties for the various classes of establishment under their control. 2 This precis deals with the duties of some sof the members of Class III (Group C) service.

Superintendent B/R Grade I(Now JE B/R) 3 Duties of Supdt. B/R Grade I are as under :(a) In inspect Govt. Property and execute repairs where necessary. (b) to supervise works in progress. (c) to perform other technical duties in an administrative/executive office, E/M, B/S duties or those of a cashier when called upon to do so. (MES Regs, Para 53) Superintendent B/R Grade II(Now JE B/R) 4 A Supdt B/R Grade II is ordinarily as assistant to Supdt. B/R Grade I and performs such duties as may be assigned to him. He may be placed in charge of Independent Section under the Garrison Engineer. (MES Regs, Para 58) Superintendent E/M Grade I(Now JE B/R) 5 Supdt E/M Grade I is responsible for the efficiency of all installations and workshops in his charge. He may be called upon to perform other technical duties in an administrative/executive office, as also duties in connection with B/S and those of a cashier. (MES Regs, Para 54) Superintendent E/M Grade II(Now JE E/M) 6. Duties of Supdt, E/M Grade II normally correspond to those of a Supdt, B/R Grade I in so far as E/M works are concerned. (MES Regs, Para 58) Surveyor assistant Grade I(Now JE QS&C) 7 Surveyors Assistant Grade I is GEs office will :(a) Prepare tender documents (except specifications and drawings) for works service within the GEs powers for entering into contract. (b) Technically check all deviation orders, rates and contractors bills before payment and muster rolls after payment. (c) Carry out such other technical duties relating to contracts and bills as he may be directed to perform. (MES Regs, Para 56) Surveyor Assistant Grade II(Now JE QS&C) 8 Duties of Surveyor Assistant Grade II are as under :(a) Checking, squaring and abstracting dimensions. (b) Preparing of bills of quantities from abstracts. (c) Pricing and abstracting of bills of quantities.

212 (d) (e) (f) (g) Checking the measurement of small services as ordered by the officer under whom employed. Preparing estimates of costs of small services. Comparing the quantities with those in abstracts and checking the items and prices in bills. Performing such other technical duties relating to contracts and bills as he may be directed to perform. (MES Regs, Para 59)

Supervisor B/S Grade I 9. Supervisor B/S Grade I carries out all furniture, stores and revenue duties as directed by BSO including safe physical custody in good repair of furniture and other stores entrusted to him. He is responsible for accurate and up-to-date accounting of receipts and issue, preparation of occupation/vacation returns after physical check and completion of revenue records and other connected duties. He is responsible for the efficient and economical administration of furniture godowns and workshops to ensure that articles for repairs do not accumulate. MES Regs,Para55. Supervisor B/S Grade II 10 Supervisor B/S Grade II is ordinarily assistant to Grade I and carried out duties as ordered. Supervisor/Store Keeper I/C Stores 11 Supervisor/SK i/c stores is responsible for: (a) Receipt and issue of stores in accordance with the prescribed procedure. (b) Safe custody in good order and condition of all stores in his charge. (c) Correct maintenance of tally cards and stock registers. (d) Actual quantities of the stores on charge. (e) Observance of precautionary measures against fire and the maintenance of fire appliances under his charge in good order. (f) Informing his BSO/Supervisor of requirements of stores for replenishment of stock. (MES Regs para61) Meter Readers 12. Meter Reader is responsible for reading meters and preparing returns of recoveries. (Memo on Procedure, Org and Duties of BK/Stores Branch, Paras 72-76) Draughtsman 13. The duties of draughtsman in an engineer office include:(a) Tracing and copying plans. (b) Making plans for measurements including chain surveying and leveling. (c) Preparing designs from sketches and instructions. (d) Keeping record plans and skeleton record plans amended to date. (e) keeping registers of buildings amended to date. (f) Such other technical duties as he may be directed to perform. (MES Regs, Para 60) Office Superintendent 14. Office Supdt is responsible for administration, supervision of office work, training, guidance and general discipline of all employees in the office/section. (MES SO, Para 57) Clerk 15. A clerk is responsible for all clerical work ordered by the officer under whom he is employed including the maintenance of accounts. (MES Regs, Para 62)

213 Cashier 16. (a) (b)

Duties of a cahier are assigned to an Upper Division Clerkor LDC with 15 yrs of service. The duties of a clerk employed as a cashier so far as cash is concerned are confined to taking charge of it, recording receipts and payments in the cashbook and taking charge of important documents connected with this Work. He neither receives cash, nor makes payments, except under the written orders of the GE. Other clerical duties besides those of a cashier may also be assigned to him. (MES Regs, Para 63)

214

Precis No. 1522 Management School INCOME TAX Introduction 1. Income-tax is one of the sources of Revenue to the Central Govt. This is assessed and recovered from the assesses as per the rules and rates laid down in the Indian Financial Act passed by the parliament annually. This Act applies not only to Govt. servants but also to all business Men, Firms, Industries etc. managed either by individuals or corporate bodies. This precis deals with recovery of Income-tax from the Govt servants. Income 2. Income is classified under the following heads :(a) Salaries. (b) Income from House Property. (c ) Profits and Gains of business or profession. (d) Capital Gains and (e) Income from other sources. Tax deduction at source 3. Every employer should deduct income tax at source in monthly instalments on the salaries disbursed by him, final adjustment being made from the last salary payable before the end of March. For this purpose, the employer has to take into account only the income under Salaries excepting cases where additional income is permitted to be taken into account, like income from house property. Filing of Return 4. Every salaried employee has to file a return with the Income Tax Officer in the appropriate form including the income from other heads, if any and pay balance of tax, if any as self assessed tax. Where he has income from other sources and by adding them with salaries, his tax liability exceeds by 33 and 1/3% of tax liability on salaries alone, he should file an estimate of his total income and pay the difference in tax as advance tax in three equal instalments. This will apply only if the advance tax so payable exceeds Rs. 5,000/- for the year. Cases where salaried employee need not file a return 5. If a salaried employee satisfies the following conditions, he need not file a return regarding his income during the previous year :(a) His salary excluding pre-requisites, etc., did not exceed Rs. 50,000/- (Limit applies to the total salary income after allowing the standard deduction). (b) He was not at any time, a director, or beneficial owner of shares carrying 20 per cent or more of voting power in the employer company. (c) The aggregate of his income, if any, from sources like dividends, dividends on units, interest on securities, did not exceed the limit upto which such income is deductible under section 80-L. (d) Income tax has properly been deducted at source from his salary. Definition of Salary 6. Salary includes all kinds of pay, D.A., overtime allowance, bonus, leave salary, advance of pay compensatory allowance, value of rent free quarters, fees, honorarium, reimbursement of tuition fees, pension, subsistence allowance, interim relief, and house rent allowance to the extent not exempted under Sec. 10 (13-A). However salary does not include(a) T.A. granted on transfer. (b) Composite Hill Compensatory Allowance subject to maximum or Rs 150 p.m.

215 (c) Any special compensatory allowance in the nature of border area allowance or remote locality allowance or difficult area allowance or disturbed area allowance. (d) Tribal Area Allowance. (e) Special allowance granted to those working in any transport system to meet the personal expenditure. (f) Children Educational Allowance not exceedings Rs. 100 p.m. pet child up to maximum of two children. (g)Hostel subsidy not exceeding Rs. 300 p.m. per child up to a maximum of two children. Salary Income 7. Salary due, whether paid or not, advance salary and arrears of salary paid will be chargeable to income tax for that year. Advance salary and arrears of salary are taxable on receipt basis, but relief can be claimed on accrual basis, if it is advantageousto the employee. Salary received from any United Nations Organisation is not taxable. Income which are fully exempt from tax 8. Incomes listed below become fully exempt from tax in the case of Government servants Death/Retirement gratuity. Commuted value of pension. (including commutation on full pension on permanent absorption... in P.S. Undertaking) Cash equivalent of leave salary paid on quitting service. Leave travel concession. House Rent Allowance 9. If the employee is living in a rented house exemption is allowed to the extent of the least of the following :(a) the actual amount of H.R.A received; (b) rent paid in excess of 10% of the salary; (c) 50% of the salary if the residence is at Bombay, Calcutta, Delhi or Madras 40% of salary if the residence is situated ay any other place. If an employee lives in his own house , or in a house where he does not pay rent/pay rent not exceeding 10% of salary,no exemption available& the entire amount of HRA drawn by him is taxable. Rent-free Accommodation 10. If the employee is living in a rent-free accommodation (unfurnished) an amount equal to the licence fee which would have been paid by an official of similar status not entitled to rent-free accommodation should be added to the salary. If the accommodation is furnished, there will be a further addition equal to 10 per cent per annum of the original cost of furniture provided or actual hire charges payable, if such furniture is hired from a third part. Deductions 11. From the salary income, the following deductions are admissible:(a) Standard Deduction Uniformly at the rate of 33 and 1/3 % of the Salary income subject to a maximum of Rs. 30,000. Standard deduction is allowed to all salaried employees and pensioners, on income chargeable under the Head salaries. This concession is for the year as a whole and even if the employee has served under more than one employer. The deduction should be limited to Rs 30,000/-. (b) Profession Tax Actually paid

216 (c) (d) Incentive for Savings In accordance with budget proposals for the year 1990-91, a tax rebate of 20% of the savings subject to a maximum amount of savings Rs 50,000/- is envisaged. Deposits Under National Savings Scheme-Deduction is allowed for the entire amount deposited subject to a maximum of Rs. 30,000/- in a year under National Savings Scheme notified annuity scheme of L.I.C. In case, any withdrawal (together with the interest accrued thereon) is made, the whole of the amount withdrawn will be deemed to be income in the year in which such withdrawal is made. Interest on the deposits made under the National Savings Scheme will be taxable only in the year of withdrawal. The D.D.Os, may take this deduction into account while computing income tax on salaries.

Donation to certain funds and charitable institutions 12. Donations made to the following funds are eligible for deduction, if the aggregate amount of donations is not less than Rs 250 during the financial year :-(a) Prime Ministers National Relief Fund. (b) National Defence Fund. Jawaharlal Nehru Memorial Fund Primer Ministers National Relief Fund. Prime Ministers Draught Relief Fund. National childrens Fund Indira Gandhi Memorial Trust. (c) Approved institution or fund established in India for charitable purpose and fulfilling the prescribed conditions. Any sum paid as donation for the renovation or repair of any notified temple, mosque, gurdwara, church or other place of historic, archaeological or artistic importance or a place of public worship of reknown. Deduction allowed :(a) Entire amount donated. (b) fifty per cent of the amount donated. (c) Fifty per cent of the amount donated subject to maximum of ten per cent of gross total income. Deductions in respect of items in (a)& (b) above are to be allowed at source by the employer. Tax relief on other donations should be claimed from the I.T.O by filing returns. 13. Salient features on recovery of Income Tax FOR the financial year 1990-91 (i) Income tax exemption limit raised from Rs. 18,000/- to Rs 22,000/-) (ii) Income tax rate of 20% is to be levied upto Rs. 30,000/-( as against present Rs. 25.000/-). (iii) 8% surcharge of Income tax is to be levied on the taxable income exceeding Rs 75,000/- (as against the present limit of Rs 50,000/-). (iv) As against the present system of allowing of deduction U/s 80(C) of I.T. Act 61, a revised system of tax rebate on the gross amount of savings U/S 80 (c ) of LT . Act has been introduced. Under the revised scheme the deduction will be from the Income Tax payable and not from the Income as explained in illustrations. Under the new system 20% of the total savings such as contribution to provident Fund, LIC, NSC, AGI etc subject to a maximum of Rs. 10,000/- is to be allowed Income tax rebate on the computed amount of income tax leviable. The present slab system of allowing the saving U/S 80 (C) for determining the total taxable income has been done away with. (v) The limit available for saving incentives U/S 80CCA in NSS, Jeevan Dhara etc, hAs been raised from Rs. 30,000/- to Rs 40,000/The rate of Income Tax for the F.Y. is as under 1) Where the total income does NIL not exceed Rs. 22,000/-

217 20% of the amount by which the total income exceeds Rs 22,000/3) Rs 1600/- + 30% of the amount by which the total income exceeds Rs 30,000/4) Rs 7600/- + 40% of the amount by which the total income exceeds Rs 50,000/5) Rs 27,600/- + 50% of the amount by which the total amount exceed Rs 1,00,000/Surcharge @ 8% on Income Tax recoverable is to be levied in the case of every person having a total income (taxable income) exceeding Rs 75,000/ILLUSTRATION I Gross Income per Annum Standard deductions U/S 16 (i) @ 1/3rd Subject to a maximum of Rs 12,000/Taxable income Income Tax on Rs 30,000/(A) Saving U/S 80 C Rs 8,000/Rebate of income Tax @ 20% of saving Subject to a maximum of Rs 10,000/- as I.T. Rebate. Tax to be recovered (A) (B) = Rs 42,000/Rs 12,000/Rs. 30,000/Rs 1,600/(B) Rs 1,600/2) Where the total income exceeds Rs. 22,000/- but does not exceed Rs. 30,000/Where the total income exceeds Rs 30,000/- but does not exceed Rs 50,000/Where the total income exceeds Rs. 50,000/does not exceed Rs. 1,00,000/Where the total income exceeds Rs 1,00,000/-

Rs 1,600/- (-) Rs 1,600/NIL

ILLUSTRATION II Cross Income (A) Standard deductions U/S 16 (i) @ 1/3rd Subject to maximum of Rs 12,000/Savings U/S 80 CCA (NSS) (C) Taxable income A-(B+C) Income Tax on taxable income Rs 30,000/Saving U/S 80 C Rs 6,000/Rebate of I.T. @ 20% on savings subject to a Maximum rebate of Rs 10,000/- as Income Tax rebate Tax to be recovered E-F ILLUSTRATION III Gross Income Standard deduction U/S 16 (i) of I.T. Act Subject to a maximum of Rs 12,000 Taxable income Rs 70,000/Income tax on taxable income or Rs 70,000 Savings U/S 80 C Rebate of I.T. @ 20% on savings subject To maximum of Rs 10,000/- as I.T. Rebate Tax to be recovered (A) (B) Rs 82,000/Rs (A) (B) Rs Rs Rs 12,000/15,600/46,000/Rs 82,000/(B) Rs 12,000/Rs 40,000/(D) Rs 30,000/(E) Rs 1,600/(F) Rs 1,200/Rs 1,600/Rs 1,200/Rs 400/-

Rs 9,200/6,400/-

218 ILLUSTRATION IV (A) (C)

Gross Income Standard deduction U/S 16 (i) Saving U.S 80 CCA Taxable income (A) (B+C) L.T. on taxable income on Rs 47,000/Savings U/S 80 C Rebate of I.T. @ 20% on savings subject to a maximum of Rs 10,000/- as I.T. Rebate Tax to be recovered (D) (E)

Rs (B) Rs Rs (D) (E) Rs Rs Rs

82,000/Rs 12,000/12,000/47,000/Rs 6,700/Rs 23,000/Rs 4,600/6,700/4,600/- (-) 2,100/-

ILLUSTRATION V Cross Income R (A) Standard deductions U/S 16 (i) @ 1/3 rd subject to maximum of Rs 12,000/(B) Saving U/S 80 CCA (C) Taxable income A (B+C) (D) L.T. on taxable income of Rs 83,900/(E) Saving U/S 80 C Rebate of I.T on savings subject to a maximum of rebate of Rs 10,000/- as I.T rebate 7,000/Tax to be recovered E-F S.C @ 8% on I.T. 1. Rs Rs Rs Rs Rs 1,35,900/12,000/40,000/83,900/21,160/Rs 35,000/(F) Rs Rs Rs 14,160/1,133/-

2. Income from house property Under the Income Tax Act, employers is required to deduct at source the tax on salary only, after allowing the permissible deductions. It is for the employee to include income under other heads, if any, and submit his annual return to the Income Tax Officer, paying balance of tax. Where an employee has positive income under any other head of income also, he can furnish the prescribed particulars of such income and tax deducted at source thereon to his employer and the employer can compute the total tax liability and deducted appropriate tax from salary. However, such computation should not reduce the tax deductable from the salary had other income not been taken into account. While computing income from house property, the Act provides for deduction of interest payable on borrowed capital (for construction/acquisition of the house) in addition to other items. If the net income happens to be a loss, it can be sent off against the income from other heads, subject to certain conditions. In such a case, the tax payable will be less than what was deducted at source by the employer and the employee can get refund of the excess amount from the I.T. Department, alternatively, the employee can furnish to the I.T.O. the particulars of his income including the minus income (i.e. loss) from house property and the approximate amount of tax payable thereon. If the I.T.O. is convinced about the details, he can issue a certificate to the disbursing officer to deduct tax taking into account the loss under the head property

219 COMPUTATION OF INCOME FROM HOUSE PROPERTY Let Out 1. Gross Annual Value : Amount for which the property might reasonably be let out or annual municipal valuation or actual rent received whichever is the least Less : Corporation/Municipal Tax Actually paid by the owner in the year.. Net Annual Value (A-b) Allowance for newly constructed property: (construction completed after 3e1-3-1982available for five years only) Rs 3,600 or Net annual Value , whichever is less.. Net adjusted annual Value (C-D). Deduction u/s 24 For repairs *1/6th of E). Insurance Permia paid.. Interest paid/payable on borrowed capital: (a) relating to year of account (b) pertaining to the period upto date of construction/acquisition to the extent not allowed as deduction. Ground rent payable. Land revenue paid Collection charges limited to 6% of E Vacancy allowance (period for which house Was vacant) (proportion of E) Irrecoverable rent, if any, subject to the Condition that computation of income from House property is not a negative figure. 7. Net chargeable income (E-F) Note 1Self-Occupied

NIL A B C NIL

2. 3. 4.

D E

NIL

5. 6.

(limited to Rs 5,000)

F G G(Minus)

If G is minus figure, the loss can be set off against other income

Note 2 In respect of purchase/construction of residential house property construction of which is completed after 31-3-1987, deduction up to Rs. 10,000/- in a year is allowable in respect of payment of instalment of repayment of loan, along- with other savings : 3. 15. When salary is received in arrears

For the purpose of chargeability to tax, salary includes arrears of salary received in the year, irrespective of the years to which such arrears relate, if not taxed earlier on accrual basis. However, the recipient can claim relief which is computed in the following manner :a) Calculate the tax payable on the total income, including the arrears, in the year in which the same is received A

220 b) c) d) e) f) g) Calculate the tax payable on the total income, excluding the arrears, in the year in which the same is received B Difference between the tax at (a) and (b) i.e, A-B. C Compute the tax on the total income after excluding the arrears in the year to which the same relates D Compute the tax on the total income after including the arrears in the year to which the same relates E Difference between the tax at (d) and(e), i.e., E-D Excess of tax computed at (c) over tax computed at (f) i.e C-F,G

G is the amount of relief admissible under the Act. If G is minus figure, no relief is admissible. If the recipient of arrears of salary is an employee of the Government or any Public Sector Undertaking, he can furnish the prescribed particulars to his employer (Disbursing Officer) who will grant relief according to the provisions of Section 89(I). If the arrears relate to more than one year, they should be spread over the relevant years to which they pertain in the manner explained above and the amount of relief arrived at Rule 21 a and Section 89 (1)&192 (2-A).

221 Precis No 1523 Management School POSTING AND TRANSFERS OFFICERS AND SUBORDINATES Introduction 1. Moves of Officers and subordinates from one office to another are often necessary in the interest of the public service with a view to employ them to the best advantage of the service. Such moves adds to efficiency and are called Postings and transfers. 2. This precis deals with the types of moves, authorities competent to sanction moves and joining time.

Types of Moves 3. Moves are of 2 types :(a) Permanent (b) Temporary 4. Move on permanent nature of duty for a period exceeding 180 days is called transfer on permanent duty or permanent transfer. (b) Move on duty for a short period NOT exceeding 180 days is called temporary move or move on temporary duty. (c) Move on temporary duty, if it subsequently exceeds 180 days can be reclassified as move on permanent duty or permanent transfer. (d) Move or transfer on permanent duty is NOT reclassified after the move of the individual has actually commenced from the station where he was officially located when he received the transfer orders. (e) No move on tour of inspection is classified as permanent irrespective of its duration. (f) Moves on MES personnel to attend courses of instruction at the CME are TEMPORARY move even though the duration of any course may exceed 180 days. Policy regarding Transfers Subordinates 5. Salient points from the policy regarding transfers of Group C and D civilians employees laid down by the E-in-C are given below. Supplementary instructions are issued by CEs Commands. (a) Group D personnel should not normally be transferred from one station to another except in very special circumstances like adjustment of surpluses/deficiencies, promotions or exigencies of service. (b) Routine transfers of Class III personnel are to be avoided and postings restricted to contingencies like adjustment of surpluses/deficiencies, promotions, compassionate grounds/mutual basis and exigencies of Service or administrative requirement and to cater to turnover from tenure stations. (c) Postings on administrative ground are to be first approved by E-in-C . (d) Non-industrial personnel are command based. For adjustment of surpluses outside Command, the junior most should be posted out. (e) Industrial personnel are Area based and junior most will be posted out in case of adjustment of surpluses out of the Area. (f) For enblock moves of offices, the longest stayees in the station (excluding tenure expired in tenure stations) should move by making local adjustments. (g) Longest Stayee Volunteers having done 2 years in a station are to be given preference and longest stayees will move in absence of volunteers. When promotion is involved, it is the promotee who should move in absence of volunteers. (h) For determining the longest stay in a station, all MES units (including CEs Office located in that station) and adjacent localities are to be taken into consideration. Seniority will be decided by CE Grouping will be decided by CE Command. (a)

222 (j) (k) (l) (m) Adjustment of Surpluses Non industrial personnel within the Command and Industrial personnel within the Area longest stayee (or volunteers if available) Transfers should be avoided during middle of academic year. Sufficient warning should be given. Age Factor Persons having attained 55 years or over should not be transferred except at their request and to stations of their choice provided clear vacancies are available. Compassionate Posting Domestic grounds should be verified with civil authority and MC submitted if request is on medical grounds. Application are screened by a Board of Officers. Postings are to be against clear vacancies failing which against volunteers. Compassionate transfers are ordered at the expense of individuals only. Mutual transfers on grounds other than compassionate may also be considered. No TA is allowed. Female Government servants should not be posted to Field Service/Concessional area and non family station. (E-in-C 79040/EIC(!) dated 31 AUG 1994) Female employees posted out to accommodate tenure repatritees are eligible for posting back to the stations from where they are posted or to their choice stations after three years in such stations

(n) (o)

(p)

Policy Regarding Tenure Stations 6. Salient points are given below:(a) All civilian subordinates of basic categories except MT driver and Class IV persons are liable for tenure posting. (b) to be done once a year, viz Feb/March. (c) Criteria for Selection (i) Volunteers, preferably those who have done 2 years in a station. (ii) those who have not done tenure since joining MES in order to seniority provided he has completed 3 years in station. The same applies to those posted to MES under surplus/deficiency scheme. (iii) Every individual must do full tenure. If posted back (on compassionate grounds) before completion of tenure, he will be nominated again after expiry of 3 years. (iv) Nomination of those who have already done tenure will be strictly on basis of their last date of return from tenure stations. (v) Those who have completed 50 years of age should not be posted to tenure stations/should not be retained in tenure stations beyond 53 years of age. (vi) Those over 50 are not to be posted to snow-bound area or where the tenure is 2 years. (vii) Those posted from one command to another on compassionate grounds will not be nominated until completion of 3 years. (d) List of tenure stations and panels to nominate persons in absence of volunteers are drawn/maintained by CEs Command (e) Posting Back Individual will be allowed to opt for return to original station from where they were posted or to another choice station. Replacements will be volunteers, failing which senior- most on the panel. Personnel may opt for another tenure, if they so desire. (f) Comprehensive instruction based on the above guidelines are issued by CEs Command. (E-in-C No 79040/E1C dated 21 Sep 1974 and No 79040/EIC/(I) dated 22 Sep 1978)

223 Incidence of TA/DA and Lien on Conveyance 7 See Precis No 1512 Note :- Casual personnel are entitled, in addition to their wages during transit, the actual cost of transporting their luggage and a single fare by ordinary mode of conveyance admissible to regular personnel of the corresponding category (MES Regs para 94) Period of Handing/Taking Over 8. The normal period allowed is 7 days where physical check of stores is involved and 4 days in other cases. (AO 310/73) Authority competent to Sanction Moves 9. The moves/transfers within the MES are ordered by the various competent authorities as under :(a) Permanent Transfers Military Officers MS Civilian Officers E-in-C Subordinates Civilians Inter-Command E-in-C Within the command CE Command Within the Zone CE Zone Within the Area CWE Within the Division GE Militarised Cadre of MES (JCOs/NCOs etc)- Engineer Group and Centre concerned All postings of civilian subordinates to tenure CE Command Station and back to non-tenure stations are ordered by (b) Temporary Duty Moves E-in-C/CE Command /CE Zone/CWE/GE within their own jurisdiction. 10. All posting/transfers consequent on the adjustment of surpluses/deficiencies under SAO 22/5/2002 and on compassionate grounds to and from non-MES units are ordered by Army HQ, AGs Branch, New Delhi.

Dates of Striking Off and Taking on Strength 11. A civilian employee on transfer from one unit to another is to be struck off the strength of his previous unit from the date he is relieved of his duties in that unit and taken on the strength of the receiving unit from the date he actually joins the receiving unit. The intervening period will be considered as joining time under the normal rules. (G of I, Min of Def, Memo No 71355/Org-4 (Civ) (A)/3322/D (Civ-II) dated 9 Apr 1965 Joining Time 12. Civilians of Defence Services are governed by the CCS (Joining Time) Rules, 1979 issued vide Govt of India, Ministry of Defence, OM No. F10(1)/79/D (Civ-II) dated 8 May 1980 in supersession of all previous orders/instructions regarding joining time, Salient features of the Rules are given in Appendix A to this precis.

224 Appendix A Precis No. 1523 (Refer Para 12) JOINING TIME Eligibility 1. Joining time is granted to a Govt servant on transfer in public interest to enable him to join the new post in the same station. Joining time is not admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit period as on tour is allowed,as per CCS (Joining Time)Rules 1979 2. Rules do not apply to those :(a) Engaged on contract. (b) Not in whole-time employment of Government. (c) Paid out of contingencies.

Rule (1) Surplus staff transferred from one post to another under the Scheme Regulating Deployment of surplus staff are eligible for joining time. Rule 4(2) 4. Those discharged due to reduction of establishment from one Central Govt office are entitled to joining time, if orders of appointment to new post are received by them while working in the old post. If received after being discharged from old post, the period may be converted into joining time without pay by Head of Department provided :(a) The break does not exceed 30 days, and (b) The continuous service rendered by him on the date of discharge is not less than 3 years. Rule 4(3) 5. Employees appointed to posts under Central Govt on result of competitive examinations and/or interviews open to Govt servants, are entitled to joining time but temporary employees with less than 3 years of regular continuous service are not entitled to joining time pay. Rule 4(4) Commencement of Joining Time 6. Joining time commences from the date of handing over charge of old post if charge is made over in the forenoon, or the following date if the charge is made over in the afternoon. Rule 5(1) Calculation of Joining Time 7. Joining time will be calculated from old Headquarters in all cases including :(a) Where the charge is made over at a place other than old HQ. (b) Where the Headquarters is changed to the tour station itself (when on tour) (c) Where his temporary transfer is converted into permanent transfer. Rule 5(2) 8. Not more than one days joining time is allowed to join a new post within the same station or which does not involve a change of residence from one station to another. Rule 5(3) NOTE :Same station means the area falling within the jurisdiction of the municipality or corporation, including such suburban municipalties, notified areas or contonments as are contingous to the named municipality etc.) 3.

225 9. In cases involving transfer from one station to another and also involving change of residence, joining time is calculated with reference to distance between the old and new headquarters as under :Joining time admissible Joining time admissible when transfer necessarily involves continuous travel by road for more than 200 Kms.

Distance between the old HQ And new HQ

1000 kms or less More than 1000 kms More than 2000 kms.

10 days 12 days 12 days 15 days 15 days 15 days Except in case of travel by air for which the maximum will be 12 days.

NOTE :-

Distance means actual distance and not weighted mileage.

Change of Permanent Duty Station 10. If an employee in transit on transfer is directed to proceed to a place other than that indicated in the initial transfer orders,he is entitled to joining time already availed upto the date of receipt of revised orders plus fresh spell of full joining time from the date following calculated from the place of which he receives the revised orders. Rule 6(3) Extension of Joining Times 11. Joining time beyond the limits given in Para 9 above can be extended upto 30 days by the Head of Department and beyond 30 days by the Ministry of Defence. Rule 5(5) Combination with Leave/Vacations 12. Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave. Rule 6(2) Suffering of Holidays 13. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s). Rule 5(4) Unavailed Joining Time 14. When a Govt servant joins a new post without availing of full joining time, the number of days of joining time as admissible under Para 9 above, reduced by the number of days actually availed shall be credited to his leave account as earned leave. Rule 6(1) Joining Time Pay 15. A Govt servant on joining time is regarded as on duty during that period, and is entitled to Joining time pay equal to the pay he drew at the old station before handling over charge. He is also entitled to dearness allowance appropriate to joining time pay and compensatory allowances like CCA and HRA as applicable to old station but not to conveyance or permanent travelling allowance. Rule 7

226 Precis No 1524 Management School SECURITY FIRE PRECAUTIONS Introduction 1. Elaborate instructions on Fire Precaution and Fighting Measures are contained vide AO 190/79. Formations, units and installations must exercise utmost vigilance, evolve an efficient anti-fire system to meet their requirements and make all ranks fire-minded. Cleanliness and tidiness are the most important contributory factors in fire prevention. Watchfulness leads to early and timely shortcomings. Immediate action to remedy the defects noted helps to prevent actual outbreak of fire. Fire preparedness at all times is essential to combat a fire in its initial stage and thus minimise, if not prevent, loss of stores and equipments. The necessity of methodical training and frequent practices connot be therefore, overemphasized. Fire Services Inspection Organisation 2. QMG is responsible for fire services in respect of the Army. 3. A Fire Service Inspection Organisation functions at Army HQ and HQ Commands consisting of an Inspector Fire Service at the Army HQ (QMG Branch) and Asst Inspector Fire Services at Commands (Q Branch). The detailed duties and responsibilities are laid down in AO 190/79. The Inspector Fire Services and Asst Inspector Fire Services are required to carry out the units inspections as laid down in the Army Order and submit reports for further action. Formation Commander during annual administrative inspection will pay particular attention to the aspect of fire prevention and fire fighting in units/formations. Their inspection reports will cover the adequacy in general and the serviceability and operatibility of equipment in particular. QMGs Branch Q1(D) is responsible for fire service in respect of Army. The functions of the Staff is so far as fire prevention and fire fighting are concerned, are as under :(a) Advisory (b) Provision of fire fighting equipment. (c) Inspection of fire fighting arrangements. (d) Attendance at Court of Inquiries on major outbreaks of fire.

4.

Responsibility 5. The Station Commander :(a) Appoints a Standing Station Fire Committee consisting of 3 officers, preferably :(i) an engineer officer, (ii) an ASC officer (iii) an officer of field rank from a unit in the station. (b) Is responsible for co-ordination of fire prevention and fire fighting arrangements within the station. (c) is responsible for forwarding recommendations of the station fire committee to Staff HQ concerned. (d) Is responsible for formulating an inter-unit mutual aid Scheme on a station basis and holding practices at least once in 2 months. 6. The Station Fire Committee :(a) inspects periodically (NOT less than twice in a year) fire prevention and fire fighting arrangements in various installations in the station; (b) ensures that arrangement for training of personnel in fire fighting duties are adequately made by the installations concerned; (c) holds surprise fire practices in selected units in consultation with OsC units, and (d) submits to the Station Commander reports of their inspection and recommendations, if any, for the provision of equipment.

227

7.

The OC Installations :(a) is responsible for the efficiency of fire prevention and fire fighting arrangements; (b) details a qualified officer to carry out the duties of Fire Officer in addition to his nomal duties; (c) ensure that efficient liaison is maintained with neighboring installations and civil Fire Brigades with the object of providing mutual aid; (d) details a fire piquet of sufficient strength to handle fire fighting equipment and ensures that the fire piquet receives adequate practical training in the use of such equipment, and holds realistic fire practices regularly to ensure that the entire organisation works with clock wise precision. NOTE :CsWE/GEs when carrying out annual inspection normally arrange a practice drill with a view to ensure that the staff is adequate trained in fire duties. (E-in-C AHQ No/38868/E2A of 12-5-52) (e) (f) (g) Ensure that fire orders are drawn up properly (See paras 10 to 19 below) and known throughout the unit. Enforces security measures strictly, and. Brings to the notice of the Station Commander through the Station Fire Committee any inadequacy in the arrangements.

Scales of Fire Fighting Equipment 8. The scales of fire equipment and the procedure for issue are laid down in AI 61/55 and SAO 30/S of 1964. Appendix A shows the scales of fire fighting equipment for an engineers Stores Depot and MES establishments. Issue of minor equipment is authorized by HQ Commands and that of major equipment by the QMG. The scale of minor equipment can be increased upto 25% by the QMG. All other cases require sanction of the Government of India. 9. Fire fighting equipment is treated as station stores. It is NOT moved when a unit moves out of station. It is either returned to the Ordnance Depot concerned or handed over to the relieving unit/OC Station pending arrival of new unit, Staff authorities concerned are informed accordingly.

Fire Precautions 10. Fire precautions, details in unit standing orders, are strictly observed (See Appendix B as a guide). 11. Building are insured when either let to private individuals or used for purpose of Cinema Exhibitions. (MES Regs, Para 637) All should have a clear knowledge of the following :(a) Fire Fighting Equipment (i) Minor equipment Situation of Fire Points and the equipment available. (ii) Major equipment Details of equipment showing where they are siuated. (b) Water Supplies (i) Places where taps for refilling buckets are situated. (ii) Places where Hydrants are situated. (iii) Places where static tanks are situated. (show capacity of each tank) (iv) Availability of other supplies (Give details of supplies and position at which pumps can be installed)

12.

228 NOTE :- Provision of special fire mains requires the sanction of the Government of India. (MES Regs, Para 853) (c) Duties of Fire Piquet The fire piquet is mounted daily/weekly. The piquet carries out the duties laid down in Order for fire piquet (d) Fire Alarm Arrangement Points where the fire alarms, consisting of gongs and beaters, painted red, are situated. (e) Assistance Available Details of all outside assistance available, military and civil, showing locations and Telephone No. Outbreak of Fire Due to Spontaneous Combustion 13. Some of the important precautionary measures to be enforced in stacking stores of different types and arrangement by zonal areas to avoid spontaneous combustion are given in AO 365/54 as a guide. Action to be taken on Outbreak of Fire 14. By the Person Discovering the Fire Shout FIRE and keep on shouting FIRE until assistance arrives. At the same time attempt to put the fire out with available equipment. By Person Next Arriving at the Scene 15. Sound the alarm and help to put the fire out. Close all doors and windows to prevent outside air from getting into the building or room. NOTE :This does not prevent anyone from breaking open locked doors and windows of any closed building/rooms if it is considered essential to arrest the fire at its origin and fight the fire more effectively. By the Fire Piquet 16. Double to the scene of the fire with major equipment where held, and help to put out the fire. Other Personnel 17. Doble to scene of the fire & fall in. 18. The senior officer or NCO present takes charge of operations and decides whether to call outside assistance or not (AO 958/50) Immediately on outbreak of fire action is taken to inform the HQ of the next higher formation and the staff authorities in accordance with the instruction in AO 565/52 (Appendix C). Procedure regarding convening Court of Inquiry is also laid down therein..

19.

229

Appendix A Precis No 1524 (Refer para 8) SCALES OF FIRE FIGHTING EQUIPMENT FOR AN ENGINEER STORES DEPOT Minor Equipment (a) One Fire point per 2500 sq yds, superficial area, to consist of 3 buckets of water. (b) For every FIVE Fire Points, the following additional equipment will be located in a suitable place:(i) 2 Axes Hand (ii) 1 Axe Felling. (iii) 1 Axe Pick. (iv) 1 Shovel G.S., (v) 2 Hooks Fire, (vi) 4 Beaters, (vii) 1 Crow Bar, (viii) 1 Ladder 15 ft extending (or in lieu one bamboo ladder 15 ft) (c) In workshops or store sheds, ONE Fire Point per 200 sq yds of floor space to consist of :(i) 3 Buckets of water, (ii) 2 Buckets of sand. (d) Additional to (c) above, Paints Stores to have the following equipment per 50 tonnes of paints :(i) 5 Buckets of sand, (ii) Five 2 galls, Foam extinguishers. (e) Where NOT specifically stated otherwise, 2 gallons Soda Ash/Foam Extinguishers will be provided as follows :(i) One 2 gall, Soda Ash/Foam Extinguisher for 7,500 sq yds if superficial area. (ii) One 2 gall. Soda/Foam Extinguisher for 200 sq yds of floor space. 2. Major Equipment For every 2,50,000 sq yds superficial area :(a) 1 Trailer Fire Pump Large/Medium Complete with Appurtences. (b) 1 Ladder extending 30 (or in lieu one bamboo ladder 15 ft).

3. Scales of Fire Fighting equipment for MES Establishments is shown in AI 61/55 as amended.

230 Appendix B Precis No 1524 (Refer Para 10) GENERAL INSTRUCTIONS 1. The general precautions against outbreak of fire which are to be observed and which will from the basis of local fire orders are enumerated below. Local fire orders will be hung up in every guard and store room, issued down to the commander of every platoon and equivalent unit, and in I.A.. unit, communicated to all ranks at least once a quarter. PRECAUTIONS (i) (ii) Fires are not permitted in the vicinity of, nor, in any government building, except in authorized fire places, stoves of braziers. No fires or lights except those authorized for hospitals and guard-rooms, are allowed lights out and reveille.

(iii) All fires will be swept out before unoccupied rooms are closed for the night. The raking out of a fire on the hearthstone is to be avoided. Towards the time of lights out all fires will be allowed to die down. (iv) Those responsible for the closing of unoccupied rooms or buildings in which fires or lights have been used will ensure before closing them that there is not risk of an outbreak of fire occuring. (v) Smoking in a storeroom or any place where dry grass, straw or combustible materials is lying about, is forbidden.

(vi) Care will be exercised to avoid risk of fire when oil stoves or lamps are in use. (vii) If a chimney catches fire, the fuel will be raked out at once and precautions taken to stop a draught, (viii) Fireworks or bonfires in barracks of camps are prohibited. (ix) Empty packing cases or inflammable materials will not be stacked against the outer walls of buildings or enclosures. (x) No tent, screen or cooking place will be allowed within one hundred yards of thatched or wooden building and charcoal braziers when in use will be protected by wicker frames.

(xi) Roofs and walls of cook house will be kept clear of soot and chimneys swept by the MES once a month. (xii) Petrol, Kerosene, or other minerals oil or empty tins will never be stored in a building containing a mechanical vehicle. (xiii) Replenishment of fuel tanks of mechanical vehicles will only be made in the open air, and not less than ten yards from any shed or building, and at a safe distance from any naked lights. Petrol, tanks will remain closed and petrol taps turned off while the vehicle is in a building. (xiv) Smoking is prohibited within a garage or motor shed. (xv) The greatest care will be taken to prevent the leakage of petrol, kerosene, and other mineral oils and frequent examinations will be made to ensure that no leakage is taking place. (xvi) Petrol fires will be extinguished by the use of chemical fire extinguishers and/or by smokitering with sand or earth. On a fire breaking out attempt to extinguish it and the removal of all petrol in the immediate vicinity of the flames will be conducted simultaneously. If the fire is being fed from a leak in a petrol pipe or tank the supply of

231 petrol should , if possible be cut off, or the vehicle moved with the object of preventing the petrol from leak feeding the flames. Attempts should at the same time be made to beat out the flame near the leak with a coat or anything suitable so as to sever the flames form the leak. If a petrol fire has become too fierce one to be extinguished and if there is a supply of petrol which is either feeding the flames or liable to do so all doors and windows should be closed and every aperture which will admit air should be blocked with wet mud or rags. (xvii)Mechanical vehicle should be garaged with their brake off to enable their immediate removal. (xviii) If a mechanical vehicle catches fire, and it is not possible to move it away, all other vehicles in the vicinity should be drawn away from the burning vehicle. (xix) Chemical fire extinguishers will be inspected at least once a month and will be kept filled and ready for any emergency. (xx) Unauthorised persons will not interfere with electric, gas or water supply system in military buildings, nor will fuse wires be replaced except by authorized personnel. Inflammable Oil 2 In all stations where inflammable oils are to be kept or where the quantity is to be increased, a board with MES officers on it when practicable, will be assembled to decide upon the location of the store, the quantity of oils which may be kept therein and the regulations under which it may be issued. The board will be guided by the provisions of the petroleum acts in force and by the statutory rules and regulations issued by the G of I and will conform to them as far as circumstances allow. In framing these instructions the board will ensure that the oil is not stored where men can have access to it at night or where it is near magazines or stores house and that the hours of issue are only by day light so that utmost precautions are taken to avoid danger from fire. The O.C station will issue orders that lights are at no time to be taken into the oil stores, that a box of sand or dry earth is placed outside it for use in case of fire and that water for the extinguishing of the fire is not to be used. Fire Appliances 3. Fire engines will be kept near a quarter guard, the key of the building being hung up in the guard room. Engines will be kept clean and the hose properly dubbed. Each engine and hydrant will be tested monthly. The whole of the hose will be attached to the engine or stand pipe and tested and hydrant boxes examined and cleaned. Hand pumps will be kept in a prominent position besides the building with a group of fire buckets filled with water.

232 Precis No 1525 Management School COMPASSIONATE FUND OF THE GOVERNMENT OF INDIA Introduction 1. The Compassionate Fund of the Government of India is intended for relief of families of Govt servants, if they are left in indigent circumstances on account of the premature death of the person upon whom they depended for support. The assistance is restricted to those who have not received any other form of death benefits such as Contributory Provident Fund, gratuity or family pension. In special cases, awards may be considered also for families of Govt servant who die within six months of retirement or where the Govt servant has been totally/permanently disabled. 2. This prcis deals with the procedure regarding grant of relief from the fund, conditions and grants. Constitution 3. The fund is fed by an annual grant which is cumulative the unexpended balance being carried forward from year to year. It is administered by a Committee consisting of Cabinet Secretary, Home Secretary, Finance Secretary (Expenditure) and Labour Secretary. Eligibility 4. The Fund is intended for relief of families of Govt servants who die in service and who were paid from the Consolidated Fund of India. The deceased servant should have served in any Civil Department of Govt of India or under a Union Territory. It also caters for Railway employees and civilians paid from Defence Services Estimate but not to P and T Department. Conditions for Grant of Award 5. The following conditions regulate the grants :(a) Grants are restricted to cases of exceptional deserving character where the fimily is left in indigent circumstances. (b) The deceased officer must have been a meritorious public servant. (c) Death due to or accelerated by special devotion to duty establishes a claim for consideration. (d) Preference is given to dependents of deceased Government servants who have put in long years of service. (e) Other things being equal, preference is given to those who had been in the lower pay ranges. (f) Awards are not ordinarily made to families of retired Govt servants but cases in which death occurred within six months of service or where the Govt servant has been totally/permanently disabled can be considered.

233 Amount of Grant 6. (a) No family pension will be granted from the fund. (b) In exceptional cases suitable recurring grants may be sanctioned for a limited period as assistance towards special need such as expenditure on the education of minor children. (c) Limp sum grants in excess of Rs 1,000/- will not be made except in very exceptional circumstances. The total benefit payable in any individual case (lump sum and recurring) shall not normally exceed Rs 10,000/- or a years pay, whichever is less. Application 7. No application will be considered which is not submitted to the Ministry concerned within one year of the death of the Government servant unless delay is sufficiently explained. Procedure for Sanction 8. Application is to be strictly screened by the Head of Department/Administrative Ministry and only genuine cases are submitted to the Ministry of Finance, duly recommended. 9. After awards are made by the Compassionate Fund Committee, the Committees decision is conveyed by the ministry of Finance (Dept of Expenditure) to the concerned Ministry/Department. Based on this the Ministry/Department which sponsored the cases, issues an expenditure sanction for payment out of the Compassionate Fund of the Government of India addressed to the Pay and Accounts Officer of the Department concerned with copies to all concerned. 10. In the case of civilians of Defence Services, Ministry of Defence would issue the sanction directly to CDA(Pensions) Allahabad for necessary action. General 11. Payment arising from the Compassionate Fund are not covered under the Scheme for payment of Central Government Civil Pensioners through Public Sector Banks. (G of I, Min of Finance (Dept of Expd) OM No 18(10)EV (B)/77 dated 18 Aug 1977). 12. Full and correct information should be given while forwarding such applications to avoid back references from Ministry of Finance. Delays in submission after receipt of applications from the widow defeat the very purpose for which Compassionate Fund grants are intended viz, to provide immediate assistance to families left in indigent circumstances because of Government servants dying in harness. 13. The committee have laid down the time-limit of three months from the date of application in which period the Head of Department should scrutinize the application and, if satisfied, forward the same to the administrative Ministry concerned, who should forward the request to Dept of Expenditure without undue delay. (G of I , Min of Fin OM No 10(1)/80-EV dated 27 May 1980)

234 Precis No. 1526 Management School CASUALTY RETURNS AND PART II ORDERS Introduction 1. Casualty returns and PTOs (Part Two Orders) are medium of notification of events concerning various establishments officers and subordinates regarding postings, promotions, punishments and other casualties in the course of their official life. 2. This prcis deals with the measures to ensure acquaintance with orders, various forms used and method of preparation of casualty returns and PTOs. Measure to Ensure Acquaintance with orders 3. A file of current PTOs is kept with AOs/Office Supdts. Of each CE/CWE/GE office for perusal by offers and subordinates. 4. Officer/Subordinates on rejoining from leave/tour make themselves acquainted with all orders issued during their absence. Ignorance of published orders is not accepted as an excuse for their non-observance. Forms Used 5. (a) Casualty Returns (i) (ii) Army Officers Personnel when employed in OP/Fd area (b) PTOs (i) (ii) (ii) NOTES: (1) Civilian Officers all Cadres. JCOs/WOs/ORs/NCsE when employed in peace area. Civilian subordinates all grades in peace area. Samples of IAFF-3010 and PTO forms given in Appendices A and B. (2) For other forms e.g., IAFF-3008, Strength Return of Officers and IAFF-3009, Strength Return of Units, see Compilation of Reports and Returns (Personnel) July 51 issued by Army Statistical Organisation. (3) To ensure that the position of appointments shown in IAFF-3008 agrees with that reported on Casualty Returns (IAFF-3010) the following certificate is endorsed by OsC Formation/Units on casualty returns (IAFF3010), notifying appointments and/or grant of acting rank: Certified that the date and nature of appointments notified above, agree with that shown in Unit Officers Nominal Roll (IAFF-3008) of the formation/unit under my command for the corresponding month. IAFF-3010 IAFF-3011 JCOs/WOs/NCsE & Non-gazetted civilian -

235 (AO 25/54) (4) Officers, JCOs, ORs and NCsE posted or transferred from one unit to another are SOS (Struck-off-strength) of the dispatching unit with effect from the date of which they are relieved of their duties and TOS (Taken on strength) of the receiving unit from the same date. Promotions and retention/relinquishment of ranks are governed by normal rules. Method of Preparation 6. Casualty/Casualties of not more than one officer is/are reported on one and the same form. Instruction for compilations of casualties/returns are contained in the pamphlet referred to in para 5 Note (2) above.

7. (a) (b)

Orders of a Unit are divided into two parts: Part I Orders deal with general administration, training and matters not affecting an individuals pay and allowances, service or documents. Part II Orders are reporting incidents and casualties which affect the individuals pay, service or records, increments, promotions, reversions, punishments, postings/transfers, verifications of service, changes in pay or post, suspensions, deputation, leave, etc.

8. Each formation/unit publishes its own Part II Order in respect of personnel borne on its strength as well as those attached to it. They are issued once a week on every Monday or the subsequent working day if Monday is a holiday. AGE/Ind AGE forms the Unit in the MES. 9. Each Unit issues only one series of Part II Orders at a time, the series start with No 1 and run serially for a calendar year. Each issue of the Part II Order is consecutively numbered. The number and date of the last Part II Order quoted in the appropriate space to enable the recipients to check any missing Part II Orders. 10. Units Stationed in field area, if issuing their own Part II Orders, do not mention the name of station. They enter Field: only in the space meant for station. 11. Each page of the Orders is serially numbered on the top right hand corner, the last one being indicated by addition of words and last. If an issue consists of only one page it is numbered as First page and last. Each page also shows the number of pages of which the PTO comprises. 12. Each casualty in an issue is given a sub number commencing with No 1 for that issue. Sub numbers are not carried forward from one issue of Part II Orders to the subsequent one. 13. Part II Orders published every Monday (or the subsequent working day if Monday is a holiday) cover all casualties occurring upto Saturday proceeding the date of issue. For this purpose a casualty register is maintained in each office with the man responsible for preparation of Part II Orders, in which day to day casualties are entered. They are

236 checked up and verified from appropriate documents on which the casualties are based by the office Supdt or Incharge Section before being put up to the Officer-in-Charge. 14. Record Office for MES employees in each Command functions at the level of Command Chief Engineer and maintains the Service Books with relevant documents for all non-industrial employees and those industrial employees who have opted for pensionary benefits. For industrial employees who have not opted for pensionary benefits, the Service Books are maintained at the unit level. 15. To facilitate the maintenance of correct records and uniformity of procedure, each Record Office issues to its lower formations, through the medium of Administrative Instructions, specimen wordings of casualties guidelines on matters affecting records, Headings under which casualties are published, Division by parts catering to various categories whose casualties are to be published thereunder, Distribution etc. 16. Illustrative division of a Part II Order into various Parts, Categories and grades included in each part and distribution is given below: Part Part I (a) Casualties to be included Civilian Officers and Subordinates holding Class III (Group C) permanent Selection Grade Postsall casualties CE Command CWE, GE, CDA Distribution E-in-C

(b)

Class III (Group C) Selection Grade Persons (PT/Ty) the following casualties :(i) (ii) (iii) (iv) (v) Appointments/Termination of Service/Retrenchment Promotions/Reversions Postings / Transfers Punishments awarded Courses/Exams

NOTE :Copies of Part I only are required by E-in-C. This part should be segregated and closed with distribution address. Parts II, III and IV may be cyclostyled continuously to form one set and not mixed up with Part I. Part II (a) Selection Grade Personnel Class III (Group C) (Ty) Casualties other than those shown in Part I(b) CE Command CWE GE CDA (b) Non-industrial Non-selection Class III (Group C)

237 Part III Non-industrial Non-selection Class III and IV (Group C and D) Personnel CE Command CWE GE CDA/RAO/LAO Part IV Industrial Personnel A- Group C who have opted for Pension Scheme B Group C who have not opted for Pension Scheme C Group D who have opted for pension Scheme D Group D who have not opted for Pension Scheme 17. Under each PART, layout of the Headings under which the casualties are published may be as under :Strength Increase Strength Decrease Punishments Pay and Allowances Miscellaneous Pensions 18. Part II Orders are typewritten or cyclostyled. Corrections or alterations should not be made unless absolutely necessary and should be initialled by the officer signing the Part II Orders. 19. In the case of casualties relating to increments, promotions, reversions, punishments, transfers or other casualties having financial implications authority is quoted in brackets immediately below the casualty. 20. Part II Orders are signed by an officer authorized to do so. When a PTO affecting the officer who normally signs the PTO of the office concerned is to be issued, another officer of the office should sign that particular PTO. - CE Command CWE GE CDA RAO/LAO/UA

238 Appendix A (Precis No 1526) (Refer para 5) CASUALTY RETURN OF OFFICERS IAFF 3010 CONFIDENTIAL Statistical Unit Serial No .Name of Unit .. Serving in : Sub Area/Area/Formation . Present returns Serial No Date ..Sheet No Last returns Serial No . Date .. RANK Sub W/Su b Temp Actin g Person al No NAME (Surna me to be underli ned) Parent Arm Nature Of Casual ty Date of Casual ty Authy where availa ble Detail s of casual ty CDA( O) A/C No. For ORG 3/ CDA( O) use only

239

* Rank held by officer Prior to Casualty .. Distribution

Signature

Designation . Postal Address . ..

PART II ORDERS Appendix B (Precis No 1526) (Refer Para 5) Page No. UNIT (Pages) Station .. .. Last Pt II Orders Published No . Sub Numbers of Orders 1 Personal NAME Category and Grade 4 No

Date

Dated

Casualty Date w.e.f. 5 Particular 6

______________________________________________________________________________ ______________ Distribution :