Vous êtes sur la page 1sur 1396

Lt Gen Yash Malhotra College Of Military Engineering

Commandant Pune- 411031

FOREWORD

1. Military Engineer Service (MES) is an important organ of the Corps of


Engineers providing construction, maintenance and other engineering support to
the Armed forces. The important role played by this organisation has been
adequately demonstrated and fully appreciated over the years during peace as
well as during war.

2. Works précis is the only consolidated and comprehensive document which


gives ready reference to all the policy letters and instructions relating to Works
procedure and service matters of civilian officials working in this organisation.
Since the earlier version had become outdated due to major changes, a need was
felt to update the précis incorporating all the necessary changes and to
computerise the contents for ease of dissemination. The task has been effectively
accomplished by Mr HS Bharati, Sc 'D' (DRDS) and the précis is now available
on a CD ROM.

3. I sincerely hope that this new edition will serve the intended purpose for all
the officers and subordinate staff in works appointments.

(Yash Malhotra)
29 Sep 2003 Lt Gen
WORKS PRECIS: VOLUME -I
GENERAL ADMINISTRATION AND PERSONNAL
(E-1 SECTION)
INDEX
Ser. Precis TITLE Page No.
No. No.
1 1501 Organisation of the Army 1-2

2 1502 Organisation of the Military Engineer Services & Defence 3-13


Accounts Department

3 1503 Classes and Categories of Establishments & Sanctioning 14-22


Authorities
4 1504 Conditions of Service- Civilians of the Military Engineer Service 22-35

5 1505 Scale of Pay 36-43


6 1506 Discipline 44-104
7 1507 Leave - Civilians 105-117

8 1508 Record of Service - Civilians 118-128

9 1509 General Provident Fund 129-135


10 1510 Salary Bills, Industrial Personnel Bills & Muster Rolls Method of 136-142
Preparation & Payments
11 1511 Reports & Returns 143-145
12 1512 Travelling, Daily & Conveyance Allowances 146-163
13 1513 Civil Service Regulations 164-168
14 1514 Labour Act & Rules Pertaining to Workers Employed in any 169-191
Factory or industrial Establishment Under the Ministry of Defence
15 1515 Pensions & Gratuities – Civilians Central Civil Services (Pension) 192-195
Rules 1972
16 1516 Classification & Handling of Classified Documents 196-199
17 1517 Forms, Stationery, Local Printing, Binding & Office Equipment 200-203
18 1518 Court of Inquiry & Evidence 204-208
19 1519 Office Procedure 209-211
20 1520 Routine Inspection of MES Offices 212-215
21 1521 Duties of Subordinates 216-218

22 1522 Income Tax 219-225

23 1523 Posting & Transfer- Officers & Subordinates 226-230

24 1524 Security Fire Precautions 231-236

25 1525 Compassionate Fund of the Government of India 237-238

26 1526 Casualty Returns & Part-II Orders 239-245


WORK PRECIS: VOLUME-II
WORKS
(E- 2 SECTION)
INDEX

Sl No. Precis No. TITLE Page No.

Fundamental principles of Defence works


1 1581 procedure
1-7

Administrative control
2 1582 8-22
Administrative planning
3 1583 23-32
Scales of accommodation
4 1584 33-48
Costing reconnaissance ( recce - cum
5 1585 costing board )
49-55
Rough cost/indication cost & engineer
6 1586 appreciation
56-70
Siting board and approximate estimate
7 1587 71-78
Technical control
8 1588 79-85
Technical planning
9 1589 86-97
Maintenance and repairs
10 1590 98-126
Special repairs
11 1591 127-130

12 1592 Execution of wks : plg and site organisation 131-144

13 1593 Execution of works – supervision 145-157


Inspection of works
14 1594 158-190
Duties of garrison engineer
15 1595 191-191
Responsibilities of sub-divisional officer
16 1596 192-193
Finalisation of works projects
17 1597 194-199
Records of structures
18 1598 200-204
Works in aid of civil power
19 1600 205-206
Management of operational works
20 1601 207-235
Deposit and agency works
21 1602 238-244
Demolition of building
22 1603 245-250
Reappropriation of buildings
23 1604 251-253

24 Blank Pages
WORKS PRECIS: VOLUME-III
BARRACK STORE SERVICE
(E-3 SECTION)
Index
Sl No. Precis No. Title Page No.
1. 1632 Quartering Charges 1-46
Barrack Damages And Terminal
2. 1633 Compensation
47-50

3. 1634 Furniture 51-68

4. 1651 Stores Organisation 69-82

5. 1652 Provisioning Of Engineer Stores 83-135

6. 1653 Method Of Indenting 133-137

7. 1654 Procedure For Indenting On DGS&D 138-145

8. 1655 Stores Accounting And Control 146-155


Engineer Stores Depots-Working
9. 1656 Procedure-Headquarters Group
156-158
Engineer Stores Depots-Working
10. 1657 Procedure-Receipt Group
159-161
Engineer Stores Depots-Working
11. 1658 Procedure-Issue Group
162-163
Engineer Stores Depots-Working
12. 1659 Procedure-Stock Control
164-165

13. 1660 Stores Budget 166-176

14. 1661 Disposal Of Surplus Stores 177-194

15. 1662 Losses And Discrepancies 195-204

16. 1663 Packing Of Engineer Stores 205-217


Identification, Marking And Labeling Of
17. 1664 Engineer Stores
218-221
Stores Movements, Categories,
18. 1665 Classification And Procedure
222-229

19. 1666 Railway Tariff And Regulations 230-234

20. 1667 Stock Taking Of Stores And Plant 235-240


Principles Concerning Spare Utilization,
21. 1668 Stacking And Storage Of Engineer Stores
241-252
Principles concerning use of labour
22. 1669 equipment and handling of engineer stores
253-255

23. 1670 Planning And Layouts Of Depots 256-258

24. 1671 Planning And Forecast -Engineer Stores 259-261

25. 1672 Inspection, Checking And Measurements 262-269


Comparative Study Of Stores Procedure-
26. 1673 Ordinance/ Engineers
270-276
Deterioration Of Engineer Stores And Its
27. 1682 Causes
277-295
Prevention Of Corrosion Of Engineer
28. 1683 Stores
296-310

29. 1684 Termites 312-316

30. 1685 Seasoning Of Timber 317-330


Care And Preservation Of Rubber Stores,
31. 1686 Leather Goods, Anti Gas Stores, Paints, 331-337
Optical Instruments Etc. & Misc.
WORKS PRECIS: VOLUME-II
ELECTRICAL & MECHANICAL SERVICES
(E- 4 SECTION)
INDEX

Sl No. Precis No. TITLE Page No.

25 1605 Responsibilities of E/M section 258-262

26 1606 Establishment and Duties of E/M Staff 263-269

27 1607 Installations 270-274

28 1608 Tools and Plants 275-280

29 1609 Transport 281-290

30 1610 Workshops/Timber Factory 291-292

31 1611 E/M records, Reports and Returns 293-300

32 1612 Budget- E/M Section 301-306

33 1613 Miscellaneous E/M matters 307-321

34 - Blank pages 321-325


WORKS PRECIS: VOLUME-II
BUDGET AND EXPENDITURE
(E-5 SECTION)
INDEX

Sl No. Precis No. TITLE Page No.

35 1561 Budget and Finance 326-355

Cash Assignment, Imprest and Cash


36 1562 Books
356-357

37 1563 Construction Accounts 358-362

Forecast Estimates(FE) & Budget


38 1564 Estimates (BE)
363-404

39 1565 Revenue 405-414

40 1566 Cash Receipts 415-417

41 Blank Pages E-6

*42 1590 MAINTENANCE REPAIRS 430-458

*43 1591 SPECIAL REPAIRS 459-462

EXECUTION OF WORK, PLANNING


*44 1592 AND SITE ORGANISATION
463-476

EXECUTION OF WORKS –
*45 1593 SUPERVISION
477-488

*46 1594 INSPECTION OF WORK 498-530

*47 1595 DUTIES OF GARRISON ENGINEERS 531-531

RESPONSIBILITIES OF SUB
*48 1596 DIVISIONAL OFFICER 532-533

*49 1597 FINALISATION OF WORKS PROJECTS 534-539

RECORDS OF STRUCTURES
*50 1598 540-544

*51 1600 WORKS IN AID OF CIVIL POWER 545-546

MANAGEMENT OF OPERATIONAL
*52 1601 WORKS
547-577

*53 1602 DEPOSIT AND AGENCY WORKS 578-584

*54 1603 DEMOLITION OF BUILDINGS 585-590

REAPPROPRIATION OF BUILDINGS
*55 1604 591-593
WORKS PRECIS: VOLUME-II
DRAWING
(E- 6 SECTION)
INDEX

Sl No. Precis No. TITLE Page No.

42 2001 Responsibilities of E6 Section 418-419

Establishment and duties of E6 Section


43 2002 staff 420-422

Organisation and duties E6 Section at


44 2003 various formations. 423-426

Responsibilities of E6 Staff at various


45 2004 boards (Pre adm approval stage) 427-427

Cantonment planning
46 2005 428-434

Contract Drawings
47 2006 435-436

Maintains of Records, Drawings and


48 2007 Plans 437-439

Inspection of works by Architects


49 2008 440-441

Important policy letters and orders


50 2009 relating to E6 Section 442-443

Blank pages
51 443-452
WORKS PRECIS: VOLUME-IV
CONTRACT AND TECHNICAL CHECK
(E-8 SECTION)
INDEX
Sl No. Precis No. TITLE Page No.

1 1721 Introduction To Contract Procedure And 1-7


Duties Of Surveyor Cadre

2 1722 Legal Requirements ,Types Of Contract 8-23


And Pre-Contract Action

3 1723 Registration And Record Of Contractors, 24-34


Security ,Deposit And Bond ,Earnest Money
,Security Deposit, Etc

4 1724 Preparation And Issue Of Tender 35-42


Documents

5 1725 Specification And Special Conditions 43-47

6 1726 Receipt And Acceptance To Tender 48-61

7 1727 Tender For Work By Specialist Contractors 62-69

8 1728 General Conditions Applicable To Lump 70-74


Sum /Measurement Contracts(1)

9 1729 General Conditions Applicable To Lump 75-95


Sum /Measurement Contracts(2)

10 1730 General Conditions Applicable To Lump 96-109


Sum /Measurement Contracts(3)

11 1731 General Conditions Applicable To Lump 110-115


Sum /Measurement Contracts(4)

12 1732 General Conditions Applicable To Lump 116-133


Sum /Measurement Contracts(5)

13 1733 Delays In Payment Of Bills (Interim And 134-136


Final)

14 1734 Repair And Periodical Services And Minor 137-139


Works

15 1735 Contracts For Supply Of Stores And 140-142


Materials

16 1736 Tender & Contracts Of Handling And /Or 143-144


Conveyance Of Stores

17 1737 Directly Employed Labour 145-146

18 1737A Technical Examination Branch 147-155

19 1738 Reports Return Records 156-163

20 1739 Arbitration Procedure 164-179

21 Blank Pages 178-188


1

WORKS PRECIS

INTRODUCTION

1. Works précis is an important document for use by Engineer Officers working in


works appointments as reference book. The précis were being published in three
volumes as follows:-

(a) Vol. I – E1 Section.


(b) Vol. II – E2, E4, E5 & E8 Section.
(c) Vol. III – E3 Section.

2. They were last printed in year 1986 & subsequently reprinted in 1997 wherein an
Errata sheet was attached giving amendments till 1997 since 1986. 3000 copies were
printed for issue to the students attending various Works Procedure courses on payment
as a reference material.

3. Since 1997, a number of policy changes has come in to MES which are issued as
policy letters by E-in-C’s Branch & QMG’s Branch for respective subjects. Hence it was
felt necessary to incorporate all these policy changes before re-printing of the fresh
précis. Accordingly a Board of Officers was constituted for updating & computerizing
the précis to incorporate latest policy changes.

4. Thé boardd composition was as follows :-

(a) Col DG Kadu - Overall Coordination & Guidance.


HOD Mgmt

(b) Mr CPA Achari, AO - E1 Section.

(c) Mr NH Khan, SE & - E2 Section & E5 Section.


Mr Ravi Sinha, SE

(d) Mr K Bhavanarayana, - E3 Section.


SBSO

(e) Mr UH Sakhalkar, SE & - E4 Section.


Mr S K Tripathi, EE

(g) Mrs SS Kelkar, Arch - E6 Section

(f) Mr Sunil V Mane, SSW - E8 Section.

5. The various policy changes have been incorporated in the new précis.

6. It was observed by the board that the present set of précis do not have any
chapters dealing with E6 Section which is considered to be very important as the
section is involved right form the inception of any project till the building is taken on
charge by MES. Hence the E6 portion of the précis was prepared afresh incorporating
all the necessary details including various bye-laws and planning norms etc.

7. On the grouping of various sections in existing three volumes it was felt that
present grouping makes the précis bulky & E8 being a very important section
must be separated from present Vol. II. Hence the regrouping of the sections has
been done as follows:-

(a) Vol. I - E1 Section.


(b) Vol. II - E2, E4, E5 & E6 Sections.
(c) Vol. III - E3 Section.
(d) Vol. IV - E8 Section.

8. A word of caution to the users of these précis – these should only be used as
reference material and quoting of them as authority in any official matter should be
avoided.

9. We sincerely hope that this publication will prove to be a useful reference book
for every one who is working in Works appointments and Users as well.
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 Rank Engineer Adviser Rank

Chief of the Army Staff General Engineer-in-Chief Lieut-General.


(COAS)
GOC-in-C Command Lieut-General Chief Engineer Maj-General/
(Army Commander) Brig/Civilian CE

Area Commander/Ind Maj-General/ Commander Works Colonel


Sub Area Commander Brigadier Engineers Superintending
Engineer
Sub Area Commander/ Brigadier/ Col./ Garrison Engineer Major or Executive
Station Commander Lt. Col. Engineer

Station Commander/ Lieut-Colonel/ Sub-Divisional Captain/ Assistant


OC Unit Major/ Captain Officer Executive Engineer/
AE i.e. Sub-Division
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.
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 MES

(a) Works policy and procedure. (a) Specifications.

(b) Scales. (b) Costing.

(c) Establishment. (c) Preparation of Engineer appreciation


in consultation with the staff.
(d) Initiation of projects. (d) Preparation of plans for siting boards
and fixing dates.
(e) Acceptance in principle. (e) Preparation of costed schedule of
works.
(f) Terms of reference (scope of work). (f) Technical sanction of (e) above.

(g) Ordering reconnaissance. (g) Letting out of contracts.

(h) Obtaining Acceptance of Necessity. (h) Progressing work in execution and


maintaining necessary records.
(i) Ordering siting boards.

(j) Obtaining group priority.

(k) 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 Subject

E1 - General/Administration and Personal.


E2 - Works.
E3 - Bk Stores Services.
E4 - Electrical and Mechanical.
E5 - Budget and Expenditure.
E6 - Drawing.
E8 - Contract and technical check.

Engineer-in-Chief
5. Engineer-in-Chief is the head of the Corps of Engineer and the MES

6. 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. He exercises technical control on all works projects through Chief Engineers of Commands.

10. He is assisted in his duties by the following officers:-

(a) Major-General Engineer Staff.


(b) Director General of Works (DGW).
(c) Director General of Personnel (DG-Pers)
(d) Additional Director General of Personnel (ADG-Pers).
(e) Additional Director General of Engr Stores provisioning (ADG-ESP).

Chief Engineer Command


11. All Engineer activities in a Command are controlled by Chief Engineer.

12. His duties are as under:-

(a) The CE is the technical adviser to the Army Commander on all engineering matters.

(b) He is responsible for correct observance of :-

(i) Technical instructions including MES Regulations and Standing Orders.


(ii) Procedure laid down for the placing of contracts and payment of bills.

(iii) 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 Engineer’s Office is given at
Appendix C.
5

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. He is assisted in his duties by DCWE, DCWE E/M, SBSO, SW, Asst. Arch and AO Grade II.

Garrison Engineer
17. 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 SSO’s 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


22. 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.

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-in-
Chief. For administration technical control and discipline purposes, they are generally under the CEs.

Organisation of the Defence Accounts Department

Organisation
24. 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.

(b) as primary auditor, i.e. charged with the responsibility of applying certain preliminary
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 re-
organisation 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.

(b) Provision of Engineer Officers integral to the Staff of Naval & Air HQ & Naval /Air Force
Commands.

(c) Authorisation of Additional Chief Engineer (Navy/Air Force) on the establishment of the
Chief Engineer Southern Command.
7

Appendix ‘A’
(Precis No. 1502)
OUTLINE ORGANISATION OF THE MES
(Para 3)
Engineer-in-Chief (Lieut – General)

DG Pers Addl. DG Director General Addl Director Addl DG


Engrs Staff of Works General Engr (ESP
(Maj Gen) (Maj Gen) Personnel (Maj Gen)
(Maj Gen)

DDG Pers DDG Pers DDG E Coord Dir MIS


(Manpower) (Policy) (Discipline and (Civ)
Vigilence)-CE Civilian

Director Director Director SO1 Director


E1B E1R E1C CSCC 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 CE EC CE WC CE CC CE NC
Note :- (a) Org of a CE Command is shown in Appendix ‘B’
(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.
8

Appendix ‘B’
(Precis No 1502)

OUTLINE ORGANISATION OF CHIEF ENGINEER (COMMAND)


(Para 3)
Chief Engineer (Maj –Gen)

ACE (Pers) Addl CE (ES) Addl CE (WKS) CE Zones


(Brig/CE) (Brig) (Brig/ACE)

NOTES: - (a) These heads of sections have under them a number of SO1, SO 2 and 3, SW, Asst Arch and AOs
(b) 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 CE’s respectively. Their administrative control rests with CEs and CSWE concerned
(c) Org of a CWE is shown in Appendix ‘D’.
(d) For Org of an ESD and an Engineer Park, See notes (f) and (g) below.
(e) AO Gde 1 is responsible for general administration and discipline in the office.
(f) 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.
(g) 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.
(h) CESC has additional post of DW for Navy and Airforce works.
9

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

Chief Engineer (Brig/CE)

SSW
ACE (E8)
ACE (Plg) SA
(Wks) (E6)

SO1 (Wks & Budget) SO II SO1 (Plg) SO1 (Design) SO1 (E/M)
SO2 (Pers & Legal) (Lt Col/SE) (Resources) (Lt Col/SE (Lt Col/SE
(Lt Col/SE
(Lt Col / SE)
(Maj/EE/SBSO)
10

Appendix ‘D’
(Precis No 1502)

OUTLINE ORGANISATION OF CWE


(PARA 3)

Commander Works Engineer SE/Col if mil)

DCWE (B/R) DCWE/ACWE (E/M) Asst Arch SW/ASW


AO Gde II (major, EE if Civ) (Major/Capt, EE/AEE if Civ) SBSO (Civ, Major/Capt if mil)
(Civ, Major if mil)

GEs

NOTES: - (a) Under each CWE there are a number of GEs.


(b) Org of a GE is shown in Appendix ‘E’
(c) 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 B/R Sub Div Office Supdt E/M Sub Div JSW Accounts Drawing (E6)
Div I II AE i/c sub AEE/Capt SA Gde I and II Unit Accountant Chief D’Man
Supdt Gde I and E8 Clerk D’Man
AEE/Capt Div Supdt Gde II (for technical Tracer
Supdt Gde I Supdt Gde I Clerk matter only) Ferro Printer
Supdt Gde II Supdt Gde II (for technical
Clerk Clerk matter only)

Clerk BK Duties Furniture Stores


Supervisors supervisors Supervisors/
Gde I/II Gde I/II Storekeeper
Gde II
R/D General
E1 E2 E3 E4 E5
Clerks Daftary
Peons Chowkidar

NOTES: - (a) The number of Sub Division and their strength is fixed according to work load, importance and area of Division.
(b) 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 COMPTROLLER AND


(Defence) AUDITOR GENERAL

FAMF 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 CDA Air CDA CDA CDA PCDA JCDA


STEsattached Naval Accounts Force Factories (Officers) (OR) Pension (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 précis 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 Designation
(a) Engineer (i) Chief Engineer.
(ii) Addl Chief Engineer.
(iii) Superintending Engineer (SE)
(iv) Executive Engineer (EE)
(v) Assistant Executive Engineer (AEE)
(vi) Asst Engineer (AE).

(b) Surveyor of Works (i) Chief Surveyor of Works (CSW)


(ii) Superintending Surveyor of Works (SSW)
(iii) Surveyor of Works (SW)
(iv) Assistant Surveyor of Works (ASW)
(v) Junior Surveyor of Works (JSW)

(c) Architect (i) Chief Architect (C A)


(ii) Senior Architect (Senior Arch)
(iii) Architect (Arch)
(iv) Deputy Architect (Dy Arch)
(v) Assistant Architect (Asst Arch)
(vi) Technical Officer (T O)
(vii) Chief Draughtsman
15

(d) Barrack and (i) Principal Barrack Stores Officer(PBSO)


Stores (ii) Senior Barrack Stores Officer(SBSO)
(iii) Barrack Stores Officer (BSO)

(e) Administrative/ (i) Principal Administrative Officer(PAO)


Ministerial (ii) Senior Administrative Officer (SAO)
(iii) Administrative Officer Grade I (AO Gde I)
(iv) Administrative Officer Grade II (AO Gde II)

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) E/M - Superintendents Grade I and II (Now JEs E/M)

(c) B/S - Supervisors B/S Grade I and II (Super B/S I/II) Store
Keepers Grade I and II (SK Gde I/II)

(d) SW - Surveyors Assistants Grade I and II (SA Gde I/II)


(Now JEs QS & C)

(e) Architects - 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) Permanent
(b) 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)

Industrial and Non-industrial (Temporary Establishment)


13. (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 AG’s 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 Posts

(a) CE Command
(b) CE Zone
(c) CE Project
(d) Commandant CME
(e) Commandant Engineer Group and Centers - All Groups ‘C’ and ‘D’ Posts.
(f) Officer-in-Charge Records, Engineer
Group and Centers
(g) CWE/Commander HQ Works Engineers (i) Group ‘C’ posts, maximum of whose
(h) OC ESD (Lt Col) pay in the time scale does not exceed
(j) Col Adm, CME Rs. 9000/-pm in the Schedule to CDS
Revised Pay) Rules, 1997, except Office
Superintendents
(k) OC Unit (Lt Col) (ii) All Group ‘D’ posts.
(l) GE/OC Works Section (Major/EE) (iii) Group ‘C’ posts max of whose pay in
the time scale does not exceed
Rs.4000/-pm in the Schedule to CDS
(Revised Pay) Rule 1997.
(m) OC ESD (Major) (iv) All Group ‘D’ posts. (E-in-C Nos
(n) OC Unit/Coy(Major/EE) 27304/EID dt 07 Jun 74. 27304/BID
dt 17 Feb 82 and PC to HF
27304/EID dt 27-6-86.

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
18

‘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.

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

(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
Department’s 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) Administrative staff


(ii) Supervisory staff
(iii) Clerical staff.
(iv) Watch and Ward and Security staff.
(v) Conservancy staff.
(vi) Fire Fighting staff.
(vii) Messengerial staff.
(viii) Medical staff.
(ix) 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 Ministry’s letter No. 2 (23)/D-11 dated 19th 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.
(b) Barrack/Stores Establishment
Supervisor Barrack/Stores Grades I and II.
Storemen and Store checkers, Store keepers Grade I and II and Civilian Store
Keepers.
(c) Surveyors
Surveyor Assistants Grade I and II. (now JE QS & C)
(d) 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.
(f) Photographers, Projectionists, Cinema Grade I, II and III, Cinema projectionist,
Telephone Operators.
(g) Laboratory Establishment
Senior Research Assistants, Laboratory Demonstrators, Laboratory Assistants and
Laboratory Attendants.
(h) Library Establishment
Librarians and Assistant Librarians
(i) Fire Fighting Establishment
Assistant Fire Superintendents, Leading Fireman and Fireman.
(j) Searchers
Head Male Searchers, Male Searchers, Female Searchers.
(k) Instructors
Foremen Instructor Trades, Draughtsmen, Instructors Grade II, Civilian
Instructors, Foremen, Civilian Trades Instructors, Civilian School Masters and
Religious Teachers/Teachers/Padris
(l) M.T Supervisors, M.T. Drivers and Foremen and Fire Foremen/Supervisors.
(m) Supervisors, Labour(Supervisor), Barbers, Washermen, Cooks, Gardeners, Water-
Carriers, Khanasamas, Malis, Bhisties, Grass Cutters, Safaiwalas and Chainmen
with Land Surveyor.
(n) Daftries, Peons, Chowkidars, Khanasama, Chowkidars, Gate Keepers
(Senior/Junior Grades) Messengers and Despatch Riders.
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 précis 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)

NOTES :- (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
Chaudri’s Compilation, 11th Edition)
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’)

(d) 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) Medical certificate for appointments not exceeding 3 (three)


months is not necessary.

(2) 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).

(3) 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)

(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) Scheduled Castes and Scheduled Tribes - 5 years


(b) Ex-NCC personnel and whole time cadets - Period of service in NCC
. Instructor. plus 3 years
(c) Ex- GREF personnel - Period of GREF service plus 3 years.
(d) Retrenched Central Govt employees - Period of service under Govt of India
24

plus 3 years.
(e) Displaced goldsmiths - 5 years (in non-industrial posts);
upto 45years for posts in Industrial
establishments only
(f) Ex-TA personnel - Period of embodied Service plus 3
years.
(g) Repatriates from Burma and Ceylon who - Upto 45 years.
migrated to India on or after 1-1-63 and
1-11-64 respectively.
(h) Persons of Indian origin employed in Govt - No age restriction.
service in Kenya, Uganda and Tanzania who
migrated to India due to constitutional
changes.
(j) 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 - No age restriction,
department.
(ii) if they do not exist in their own - period of previous
department. - service plus 3 years.
(k) Educationally qualified Group D emplo- - Period of service rendered
yees, registered with employment exchange. Under Govt. of India
for appointment to Group ‘C’ posts

(l) Casual labourers for absorption in regular - Period spent as casual


establishment in Group ‘D posts 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.

NOTES : (1) “Retrenched Govt Servant” /Ex-GREF and NCC Personnel should
have served at least for six months continuously prior to
retrenchment/release.
(2) “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.

12. 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.

13. 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.

14. 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) SC - 15%
(b) ST - 7½%
(c) Ex-Servicemen - 10% in group ‘C’ posts
20% in group ‘D’ posts
(d) Physically handicapped persons - 3%
(Min of Personnel, Public Grievances) and
Pension (Department of Personnel and
Training) OM No.14014/6/94-Estt (D)
dt 09 Oct 1998.
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 ½ percent for scheduled tribes in the matter of promotions to grades or
services in which the element of direct recruitment does not exceed 66⅔ percent. A 100 -
point Roster is to be maintained for the purpose.

16. 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.

17. Rosters mentioned in paras 12 and 13 above, are to be inspected annually by Liaison
Officers nominated/appointed for the purpose.

18. 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-C’s Branch letter No 90241/SC&ST/POLICY/E1C(4) dt 18 Mar 88).

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. servant’s
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, Chaudri’s 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 years’s 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, Chaudri’s 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, AG’s 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 employees - One month’s notice.

NOTES :
(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.
(2) 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)

(b) Permanent employees – Three month’s notice or pay plus allowances for the
period of notice or for the period by which such notice falls short of 3 months.

NOTES: (1) The termination of service/retrenchment is to take effect in the order of


juniority, consequent on reduction in the number of posts available for
Govt servants not in permanent service.

(2) 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 in
permanent or quasi-permanent service.
(Rule 7, CCS(TS) Rules, 1965)

(c) Permanent employees – 3 months notice or pay and allowances for the period by
which such notice falls short of 3 months.

NOTES: 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) that other officers are not ripe enough to take over the job : or
(b) 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.

37. 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.

38. 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).

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)

42. No gratuity is admissible if Govt. servant resigns his post or is removed/dismissed from
service as a disciplinary measure.

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-C’s 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-C’s 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-C’s
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 AG’s 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. 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.

54. 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-C’s 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-C’s 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 DOPT’s OM No 14/2/90-
JCA 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
The furnishing of false information of suppression of any factual
passport size
information in the Attestation Form would be disqualification and is
(5cm X7 cm
likely to render the candidate unfit for employment
approx)- Copy of
under the Government
recent
photograph –
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. Name of the


Village, Thana and District or District Headquarters of the
House No. Lane/Street/Road & place mentioned in the
Town) preceding column.

5. Name Nationality (by Place of Occupation (If Present Postal Permanent


birth and/or by birth employed give address (if Home address
domicile) designation and dead give last
official address) address)

(i) Father (Name in full address if any)


(ii) Mother
(iii) Wife/Husband
(iv) Brothers
(v) 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 Place of birth Country in which Date to………..


birth and /or by studying /living Which studying
domicile with full address living in the
country
mentioned
previous col.

6. Nationality

7. (a) Date of birth - (a)


(b) Present age - (b)
(c) Age at Matriculation - (c)

8. (a) Place of birth, district and State - (a)


in which situated.
(b) District and State to which you belong - (b)
(c ) District and State to which your father - (c)
originally belong

9. (a) Your religion -


(b) 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 Date of entering Date of leaving Examination passed


With full address

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 Designation emolument Full Name and Reasons for


From To and nature of employment Address of employee 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 month’s
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.

13. (a) (i) Have you ever been arrested Yes/No


(ii) Have you ever been prosecuted Yes/No
(iii) Have you ever been kept under detention Yes/No
(iv) Have you ever been bound down Yes/No
(v) Have you ever been fined by a court of Law Yes/No
(vi) Have you ever been fined by a Court of Law for any offence Yes/No
(vii) Have you ever been debarred from any examination or rusticated Yes/No
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.

NOTES:- (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.

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) Gazetted Officers of Central or State Government.


(ii) Members of Parliament or State legislature belonging to the constituency with the
candidate or his parent/guardian is ordinarily resident.
(iii) Sub Divisional Magistrate/Officers.
(iv) Tahasildar of Naib/Deputy Tahasildars authorized to exercise magisterial powers.
(v) Principal/Headmaster of the recognized School/College.
(vi) Block Development Officer.
(vii) Postmaster.
(viii) 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) name designation and full address of ………………………………………………


the appointing authority ……………………………………………....

(ii) 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 month’s 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.
37

(3) Three chances are allowed for trade test in direct line
of promotion after which the trade test may be taken on
alternate occasions.
(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- C’s 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)
38

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 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
39

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


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 individual’s 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.
40

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.

21. The allowances will be admissible at the following rates :-

(a) Primary, Secondary and - Rs .100/- PM per child


Higher Secondary Classes
(Class I to XII)
Rule16
22. Assistance shall be available up to 3 children up to 31 Dec 87 and shall be
restricted to two children born thereafter.
Rule 8
23. Temporary employees are eligible only if they have more than one year’s
service, They are eligible to draw CEA from the month following that in
which they complete one year’s service.

24. The concession is admissible for legitimate children wholly dependent on


the Govt Servant.

25. 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)
26. 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)

Tution Fees
27. All Government servant who have put in not less than one year’s 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. The concession is admissible only if the child is enrolled in a school


recognized by the local State Govt/Central Govt.

29. The concession is not admissible for a child for more than two academic
year in the same class.

30. 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.

31. For children in recognized Schools in States where education is free and
no rates have been prescribed for being charge in Govt School, re-
imbursement will not exceed the following ceilings :-

(a) Class I to X - Rs 40 per month per child


41

(b) Class XI and XII - Rs 50 per month per child

(c) Class I to XII in respect of physically - Rs 100 per month per child
handicapped and mentally retarded children
(d) Class IX to XII and offering Science Subject - Science fees upto
a limit of
Rs. 10/- per month in
addition to Tution Fees

32. The concession is not admissible in the case of children for whom Children
Education Allowance is claimed.

33. In the cases of Central School the rates laid down by the Govt from time
to time are admissible.

34. Tution fees payable and paid in advance upto a period of six months are
admissible for re-inbursement.

35. Where Govt servant’s wife or husband is also in service, the concession is
admissible to one of them only.

36. 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.

37. Re-imbursement is admissible upto the stage which makes the child
eligible for entry into the three year degree course.

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.
43

(h) Removal from service – which will not be a disqualification for future
employment under Government.
(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.

6. 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.

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.

8. 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.

9. 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.

10. 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.

Prima Facia Case


44

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 committed by a
Government servant comes to notice of the Head of Office mainly by one
or other of the following :-

(a) Observation by Chief Technical Examiner.


(b) Audit Objections.
(c) Report made by special Police Estt/Civil Police/Military Police.
(d) Findings of Staff or Departmental Inquiries.
(e) Department Technical Boards.
(f) Investigation reports on complaints.

12. 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.

13. 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-C’s Branch letter No
31490/E3A(Losses) dated 05 Jan 76. Army Order No 29/75 also refers.

(a) Report of Loss - Within 24 hours


(b) Preliminary investigation - Within one week
(c) Court of inquiry - to be completed within one to three
months
(d) Disciplinary action - to be completed within 09 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-C’s 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.

15. So far as subordinate personal are concerned, the case may be remitted
to the concerned disciplinary authority for initiation of disciplinary
proceedings.

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
45

involving moral turpitude, corruption, embezzlement, misappropriation of


Government money and so on. The guiding factors being :-

(a) Whether the continuance in office of the Government servant will


prejudice investigation, trial or inquiry.
(b) Whether the continuance in office of the Government servant is
likely to subvert seriously discipline in the office in which he is
working.
(c) 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 AG’s Branch letter No
93972/Org-4(Civ)(a) dated 06 Dec 74. E-in-C’s letter No 61162/PC/E1D
dated 20/12/74.

18. 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.

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.

20. 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.

21. 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.
46

22. 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.
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).

24. 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 7/15/58-
Estt(A).

25. 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.

26. 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 India’s 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.

27. 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.

28. 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
47

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)

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.

30. 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.

31. 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-C’s letter No 78646/326/76/EID dated 3 Apr 79. CE SC RO Pt II
No 119/77)

32. 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.

33. 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.

34. 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-C’s 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.

35. 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-C’s letter No 78646/351/77/EID dt 9.4.81.

36. 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.

37. 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.
48

(Appx.
‘E’ and Appx.’F’)
38. 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.

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.

40. 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-C’s No 61162/EID (VI-_XI) dt 3.11.76).

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-C’s 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 AG’s 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. The accused person should appear in person before the Inquiry Officer at
the date and time specified by the IO.
49

43. 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.

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 AG’s Br No 93972/PC-593/Org-4(Civ)(a) dt 5.7.75 (E-in-C’s 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. A copy of charge memo (complete in all respects) together with


acknowledgement if received from the accused.
2. Defence statement submitted by the accused if received.
3. A copy of appointment of Presenting Officer.
4. A copy of statement of witnesses, if any, referred to in the charge
memo.

45. 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.

46. 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.

47. All relevant documents must be shown to the accused person and his
defence assistant. The following should not be shown even if demanded:-

1. Reports of a Departmental Officer appointed to hold a Preliminary


inquiry.
2. SPE’s reports.
3. File dealing with disciplinary case against the accused.
4. Advice of CVC.
5. Character roll of the officer.
50

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.

49. 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 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.

(Appx. ‘J’)
50. 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.

51. 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.

52. 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 “Examination- in-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-Examination” - Subsequent to cross examination.
“Leading question” - Any question suggesting the desired
answer is a leading question.

53. 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.

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
51

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.

56. 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.
“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.

58. 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.

59. 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.

60. 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.

61. 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.

63. 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
52

(iii) assessment of evidence


(iv) the findings of Inquiry officer.

64. The inquiry officer’s report should be accompanied by :-

1. a folder containing copy of charge memo and defence statement


submitted by the accused.
2. service particulars of the individual in prescribed form.
3. a list of exhibits together with exhibits presented during the
inquiry.
4. list of witness examined together with their depositions in the order
they were taken during the enquiry
5. a folder containing daily order sheet.
6. a folder containing written statements of accused and briefs.
7. Correspondence file.

65. 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.

66. 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).

67. 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 officer’s report is not
acceptable to the disciplinary authority, he may record his reason for not
agreeing with the inquiry officer’s report and then award penalty.

68. The order imposing penalty must be a speaking order.

69. 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.

70. Appellate authorities are shown in Annexure (ii) to this Appendix.

71. Appeal must be submitted by Govt Servant himself. Appeal made by


wife or other relatives is not to be considered.
(Authy : E-in-C’s letter No 73655/652/79/EID dt 26 June 80. )
CE SC Pune No 130801/2/EID dt 10 Jul 80).

72. 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
53

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).

73. 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.

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-C’s 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)

75. 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-C’s No 61162/EID (Vol XI) dt 6.3.78)

76. 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-C’s 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”.
54

(Authy : E-in-C’s No 78646/328/76/EID dt 18.8.78 & 05 Mar 79).

77. 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 to the
individual’s conviction on a criminal charge. The disciplinary 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-C’s No 61162/PC-38/E1D dt 07 Jan 78)

79. 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-C’s No 61162/E1D VOL XI dt 20 May 75)

80 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).

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 2nd 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.

82. 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
55

motive is alleged. Suspected are not to be treated as having Vigilance


Angle.
(Authy : E-in-C’s No. 61162/E1 D (Vol XI) dt.11 Feb81,CESC Pune
No.130801/2/E1 D dt. 7.3.81.)

Defence of Civil Suits


83. Procedure to be followed in Defence of Civil Suites is laid down in Army
HQ, AG’s Branch letter No 188899/PSI dt 26 Dec 69. This letter clearly
enjoins the responsibility to deal with suit cases on the local representative
of the Arm/Service in an Area or equivalent Headquarters. This means
that defence of civil suits pertaining to MES has to be arranged by CWE
concerned. CWE can deal directly with E-in-C’s 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 CWE’s 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.

85. 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-C’s letter No 38849/80 CPC/MISC/E2 (WPC) dt 28 Apr 76).

86. 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).

Disciplinary action against absentees

87. Procedure to be followed is explained in E-in-C’s 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 2nd 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.
56

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-C’s letter No 61/16/EID dt 3 May 74 and 78655/608/78/EID dt


26 Oct 79).

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-C’s 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 - Charged Officer IO - Inquiry Officer


PO - Presenting Officer DOS - Daily Order Sheet
DA - Disciplinary Authority SW - State Witness
DW - Defence Witness D - Document of Defendant
S - Document of State

1. 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.
57

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
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 latter’s 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
58

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.

(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) Additional documents and the witnesses asked for by the CO in his defence.
(b) Additional documents and defence witnesses permitted.
(c) Reasons for disallowing the remaining documents and witnesses.
(d) 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
59

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
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) Introductory.
(ii) Defence assistance availed of by the CO and his participation in the inquiry.
(iii) The charges and substance of imputation of misconduct.
(iv) Case of the DA.
(v) Case of the CO.
(vi) Analysing and assessment of evidence.
(vii) 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
60

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.)

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.)
61

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.

DO’s and DON’T’s

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.

2. 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.

3. Be unbiased, fair, just and judicious.

4. Be interested in justice and fair play.

5. For being unbiased, you should obviously have no personal interest in the case.

6. See that both sides get just and reasonable opportunity to place their viewpoints.

7. Be not interested either in the charged officer being proved guilty or being
exonerated.

8. Ensure that there is no undue delay in the commencement and conduct of enquiry.

9. 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.

10. What is required is fair and reasonable opportunity and not an unfair and
unreasonable opportunity to obstruct and hinder.

11. Do not allow the parties to dominate the proceedings by seeking adjournments.

12. 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.

13. 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.

14. 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.

15. Be serene and even handed during hearings.

16. Do not indulge in loose talks or give any indication about your view at any stage.

17. Do not consult others behind the back of the charged officer.
62

18. Do not look into the report of investigation or any unspecified record.

19. 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.

20. Do not entertain any request from the charged officer for supply of copies of
documents. He may be permitted to take extracts.

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.

22. 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.

23. Do not hold enquiry ex parte if the charged officer under suspension is unable to
attend due to non receipt of subsistence allowance.

24. Do not refuse permission to charged officer to participate in the middle of an


enquiry being held ex parte.

25. 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.

26. Protect the witness from any unfair treatment during examination.

27. 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.

28. 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.

29. Recall a witness for re-examination only if it is absolutely necessary in the interest
of justice.

30. Watch the demeanour of the witness while depositing and make a note of it.

31. 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.

32. 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.

33. 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.

34. 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.
63

35. 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.

36. 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.

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.

38. While studying the case and canvassing the evidence, be judicious and show poise
and balance. Do not be satirical or vicious.

39. 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.

40. 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.

41. Do not summarize the versions of the two sides and select one.

42. Base your conclusion on a report which looks reasonable. Clearly indicate in the
report the relation between the imputations, evidence and conclusions.

43. 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.

44. In partly heard inquiries, you may proceed from the stage left by your predecessor.

45. Do not fail to bear in mind the principles of Natural Justice and Reasonable
Opportunity and burden of proof vis-à-vis departmental proceedings.

46. After signing the report, you become functus officio an cannot make any change in
your report or to offer comments, clarifications, etc., thereon.

47. 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.

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.
64

2. 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.

3. You should be in a position to assist the Inquiry Officer to plan the stages of
regular hearing purposefully.

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.

5. 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.

6. Collect from the concerned departmental officer all the statements of witnesses
taken and the statements seized during the investigation, if not received already.

7. 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.

8. 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.
9. 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.

10. Your study of the case should be through and purposeful. Great care is needed in
the exercise.

11. Correlate each item of oral or documentary evidence and decide what is likely to
prove or fails to prove.

12. 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.

13. 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.
65

14. 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.

15. 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.

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.

17. 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.

18. Do not ask leading questions while examining your witnesses.

19. 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.

20. 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.

21. You should try your best to disprove the facts deposed by defence witnesses or
raise doubts about their credibility.

22. 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.

23. 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.

24. 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.

25. 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.

26. 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.
66

27. 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.

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.

29. 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.

30. 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.

31. 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.
32. 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.

33. After all, you have done your job and that too well.

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.

2. 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.
67

3. 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.

4. 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
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.

6. Frame the questions for cross examination sufficiently in advance. Have a mock
hearing by yourself trying to answer the questions set for cross- examination.

7. Do not put too many questions to the Presenting Officer’s 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
8. 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 client’s favour to the question put in the cross-
examination 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.

9. 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 client’s 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 co-
operation to the Inquiring Officer. You will be gaining a lot for your client.

10. Do not clash with the Presenting Officer, except on technical flaws or on points
which may prejudice the interests of your client.

11. 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.

12. During the presentation of the department’s 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 client’s 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.
68

13. 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.

14. 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.

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 which


working)……. Is hereby informed that it is proposed to take action against him
under Rule 16 of CCS(CC&A) Rules 1965. A statement of imputations of mis-
conduct or mis-behavior on which action is proposed to be taken as mentioned
above, is enclosed.

2. No …………. Shri ……………. Is hereby given an opportunity to make 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 mis-conduct 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. The receipt of this Memorandum may be acknowledged.

To
71

Shri……………………………..
72

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
DO’s and DON’T’s as per the attached list are
73

enclosed, which may please be returned alongwith the


inquiry report.
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
74

Appendix ‘D’
Precis No 1506
(Refer para 90)
CONFIDENTIAL
TELEPHONE :
ORDER

1. WHREAS an inquiry under rule 14 of the Central Civil Services


(Classification, Control
and Appeal) Rules 1965 is being held against
……………………………………………………
……………………………………………………………………………………………………..
2. AND WHEREAS …………………………………………………………………………
has been appointed as an Inquiry officer to inquire into the charges
framed against the said Shri
………………………………………………………………………………………….
3. NOW, therefore, the undersigned in exercise of the power conferred by
sub-rule (5) (c) of the said rule hereby appoints
……………….……………………………………… 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………….
75

(Place of issue……………………………… Dated……………….)

ORDER

Whereas a disciplinary proceeding against Whereas a case against


Shri……………………………….. (name Shri……………………………. (name and
and designation of the Government designation of the Government servant) in
servant) is contemplated/pending. 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
Shri………………………under 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

1. Where the order is expressed to be made in the name of President.


2. 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’

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
76

Name of Government servant


Address

(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………….
(Place of issue……………………. 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 Shri…………was detained in custody on


………………………… for a period exceeding forty-eight hourse.

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……………………..
77

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) set aside the said order of dismissal/removal/compulsory retirement from


service/imposing the penalty of (here enter the name of the penalty
imposed).
(ii) 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).
(iii) 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.

Station:
Date Disciplinary Authority
78

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………….
(Place of issue…………………………. 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. For cases involving dismissal/removal/compulsory retirement only (See Para. 3(c) of


Instruction (8) below Rule 19.)
2. 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.

SWAMY’S – CCS (CCA) RULES

1. Copy to Shri……………..(name and designation of the suspended officer).

2. Copy to Shri……………(name and designation of the appointing authority) for


information.

3. Copy to Shri…………….(name and designation of the lending authority making the


order of suspension).

4. Copy to Shri………… (name and designation of the authority making the order of
suspension).

5. 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”.
79

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)
80

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.
81

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 ………..
(Place of issue …………… Dated………………

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 be considers that the powers


conferred by sub rule (2) of the said rule, hereby appears.

A Board of Inquiry consisting of:

1.
2. (Here enter name and designation of Member of the
3. Board of Inquiry)
1
(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.
82

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……………………..
(Place of issue…………………… Dated…………………………..

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. Name and designation of the Government servant.


2. Name and designation of Inquiring Authority.
3. Name and designation of the lending authority, where necessary,for information.2
83

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……………………….
(Place of issue……………………….. 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
(By order and in the name of the President)
Disciplinary Authority/2Authority competent
to authenticate order in the name of President

Copy to:-

1. The Presenting Officer.


2. The Accused Officer
3. The Inquiry Officer.

1. In cases where the order is expressed to be made in the name of the President.
2. Delete where not applicable.
3. In cases where the order is expressed to be in the name of the President.
4. 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
84

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 ……………….


3
(By order and in the name of the President)
4
Signature
Name and designation of Competent Authority

To

Shri…………………………….

1. To be used where applicable. Not to be inserted in the copy sent to the accused
officer.
2. Delete where not applicable.
3. Where the President is the disciplinary authority.
4. 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.
85

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

To
Shri……………………………….
…………………………………..

(Note – Annexures –I to IV is in item 6.)


86

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…………………
3
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
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. 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).
4. See Rule 18 (2) (i)

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. Shri………………………. (Name and Designation)


2. Shri………………………. (Name and Designation)
3. Shri………………………. (Name and Designation)
87

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. See Rule 18 (2) (ii).


2. See Rule 18 (2) (iii).
3. Score out the portion not applicable.
4. Where the order is expressed to be made in the name of the President.
5. 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. The accused officers.


2. Presenting Officer
3. Inquiring Authority with the relevant documents.
2
4. The Central Vigilance Commission.
Disciplinary Authority/Authority competent to
authenticate order in the name of the President2
88

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. Delete where not applicable.


2. 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. The Accused Officers.


2
2. Central Bureau of Investigation
2
3. Central Vigilance Commission.
4. Inquiring Authority
5. Presenting Officer.

Disciplinary Authority
1
Authority competent to authenticate order in the
name of the President
89

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. Delete where not applicable.


2. 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 report1 (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.
90

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 Disciplinary Authority


Date:

NOTE: In the above form, portions not required should be struck out according to the
circumstances of each case.
91

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


92

Appx ‘S’
19

Form for summoning public servant/private individual as witness

No.
Government of India
Ministry of…………………
(Place of issue…………………………. Dated………………………)

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)
1
Copy to……………………. With the request to permit the official mentioned above to
attend the enquiry on these dates.

(Inquiring Officer)

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.
93

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………………….


94

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 Description of Service/Post Authority competent to impose Panalties Appellate Authority
No penalties and the penalties it may
impose Authority
(1) (2) (3) (4) (5)
1. All Group ‘C’ Posts including office (a) CE Command All
Supdt Gde 1 and Asstt. (b) Comdt CME
(c) Comdt Engr Gp and Centres All Engineer-in-Chief
(d) Officer i/c Records Engr Gp and
Centre
(e) CE Zone All CE Command
(f) CE Project/ACE(P) (g) CE Zone/CE(P)
(g) CWE/Cmdr HQ Wks Engr (h) CE Command
(h) OC ESD (Lt Col) (j) Comdt CME
(j) Col Adm (CME) (i) to (iv) (k) CE Command
(k) OC Unit (Lt Col)
2. Group ‘C’ Posts maximum of (a) CWE/Comdr HQ Works Engr (a) Ce Zone/CE(P)
whose pay in time scale does not (b) OC ESD (Lt Col) All (b) CE Command
exceed Rs 2300/- p.m. in the (c) Col Adm (CME) (c) Comdt CME
Schedule to CDS (Revised pay) (d) OC Unit (Lt Col) (d) CE Command
Rule 86, except office Supdts. (e) GE/OC Works Section (Maj/EE) (i) to (iv) (e) CWE/Comdr Works
(Gde 2 and 1 Engr.
3. Group ‘C’ Post maximum of whose (a) GE/OC Works Section (Maj/EE) All (a) CWE/Comdr Works
95

pay in the time scale does not Engr for minor penalties
exceed Rs 1540/- p.m. in the mentioned at (i) to (iv)
Schedule the CDS (Revised pay) (b) CE Zone/CE(P) for
Rules 1986 major penalties i.e.

Ser Description of Service/Post Authority competent to impose Penalties Appellate Authority


No penalties and the penalties it may
impose Authority
(1) (2) (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 Engineer-in-Chief
(d) Officer i/c Records Engr Gp and
Centre All CE Command
(e) CE Zone
(f) CE Project/ACE(P) (g) CE Zone/CE Project.
All (h) CE Command
(g) CWE/Comdr HQ Works Engrs All (j) Comdt CME
(h) OC ESD (Lt Col) All (k) CE Command
(j) Col Adm (CME) All Major penalties i.e.,
(k) OC Unit (Lt Col) All penalties mentioned at
(l) GE/OC Works Sec (Maj/EE) All (v) to (ix)
Ce Zone/CE Project
96

Minor penalties i.e.,


penalties mentioned at
All (i) to (iv)
(m) OC ESD (Maj) CWE/Comdr Works Engr
CE Command

(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.
97

Precis No 1507
Management school

LEAVE: CIVILIANS

Introduction

1. Each organization allows certain amount of leave to its establishment. Leave is granted
for recreation, on private affairs and on medical grounds.

2. This précis 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.

3. 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

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.

(b) 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.

(c) On re-instatement on appeal or revision, the Govt. servant is entitled to count for
leave his service prior to dismissal or removal.

(d) 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)

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.
98

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 Ends on the
(i) 28 Feb - 27 Aug
(ii) 31 Mar or Apr - 30 Sep
(iii) 29 Aug - 28 Feb
(iv) 30 Aug or 1 Sep - 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).

(b) 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)

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.

10. Possession of medical certificate does NOT in itself confer on an individual any right to
leave.

11. 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.

NOTES ; (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)
99

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 NOT more than 5
days at a time. NOT carried
over to next calendar year.

(b) Industrial employees - Upto a maximum of 12 days


in a calendar year. Not
carried over to next calendar
year.
100

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. Special Casual Leave may be combined with ordinary casual leave or regular leave but
not with both at one time.

26. 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, - To extent of attendance at


official delegates or to read papers, the meeting and for
to attend meetings organized by Scientific 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)

(c) Disabled Ex-servicemen who go to - 15 ,


hospital for replacement days in a calendar year
of their artificial limbs. including transit time
both ways.

(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 - 10 days in a.


calendar year
members and office bearers of Co-operative Societies
(formed exclusively with civilians paid from Defence
Services Estimates) for journeys to attend meetings,
101

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 - 30 days.
of national importance, where participation is in a Period in excess
representative capacity and not in his personal capacity. 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)

(f) Civilians permitted to join Territorial Army -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)

(g) Participating in mountaineering expeditions having approval - 30 days in a


of the Indian Mountaineering Foundation. (Where one calendar year.
individual participates in Ser No (e) above also, overall (Period in excess
limit will be 30 days). may be treated
as regular leave)

(h) (i) Office bearers of recongnised Service Associations/ - 20 days in a


Unions of Central Govt. Employees for participating year.
in activities of the Associations/Unions.
.

(ii) Outstation delegates/members of executive - 10 days in a


Committee to attend meetings . year.
.

(iii) Local delegates/members of executive committee - 05 days in a


to attend meetings. year.

(j) Staff side members of the Departmental Council. - One day’s


Special Casual
Note : The same applies for National Council meetings also. Leave for each
meeting of
Departmental
Council. In
addition, 2
days duty
period on the
days
preceding the
day of each
meeting for
consultations.

(k) For IUCD insertion - On the day of


insertion.

(l) Sterilisation Operation cases


102

(i) Female Govt. servant who undergoes non - - 14 days


Special Casual puerperal tubectomy operation.
Leave.

(ii) Male Govt. servant whose wife undergoes non - - 07 days


puerperal tubectomy operation. Special
Casual
Leave.

(iii) Male Govt. servant who undergoes Vasectomy - 07 days


operation. Special Casual
. Leave.

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).
103

Appendix ‘A’
(Précis No. 1507)
(Refer Para 18)
KIND OF LEAVE ADMISSIBLE UNDER CCS (LEAVE) RULES,1972

Kind of Leave Admissibility Maximum accumulation Leave Salary Remarks


allowed
(a) (b) (c ) (d) (e)
Earned leave 15 days for each calendar 300 days Equal to pay drawn 1. To be credited to leave account at commencement of each calendar
half year. immediately before half year, i.e., on 1st Jan and 1st July.
180 days at a time vide proceeding on leave plus
rule 26(3) allowances 2. The credit of earned leave will be reduced by one-tenth of the
Advance of leave salary is period of extraordinary leave availed during the previous half year and
admissible to Govt. servant also the period treated as “dies non” subject to a minimum of 15 days.
while proceeding on earned
leave of not less than 30 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 ½ days per month upto
the month of retirement.
104

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

Commuted leaveHalf the amount of half- No restriction Twice the amount admissible 1. Commuted leave may be granted at the request of the Govt servant
pay leave due on medical under half pay leave even when earned leave is due to him on production of MC.
certificate
Leave not Due Granted in advance of 360 days in the entire Same as for half pay leave 1. admissible to pt employees.
(Permanent earning service
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.
Leave Not Due Granted in advance of 360 days in the entire Same as for half pay leave Condition
(Temporary earning service
employees 1. Govt servant should have put in a minimum of one year’s service.
suffering from 2. The post from which he proceeds on leave is likely to last till his
TB, Leprosy, return to duty.
Cancer or Mental 3. the request for grant is supported by an MC as envisaged in Sub
illness) Rule (2) of Rule 32 of CCS (Leave )Rules, 1972.

Extraordinary No limit to frequency Pt and Ty Without pay 1. EOL may be granted when other leave is admissible, but the Govt
leave Total continuous absence servant applies for it in writing.
from duty NOT to exceed 5
years. Temporary
Employees Limits for
availment at a time are :-
105

(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.
Special Period as certified by - (a) For first 120 days equal to 1. The disability should have manifested itself within 3 months of the
Disability Leave AMA but in no case leave salary as for earned occurrence to which it is attributed.
for injury exceeding 24 months, for leave. 2. May be combined with leave of any other kind.
intentionally any disability (b) Remaining period, as for 3. Counts as duty for pension.
inflicted, in or in half pay leave, provided that 4. shall not be debited against leave account, except where the
consequence of the Govt servant may at his individual opts as stated in (b) under Col (d).
the due option, be allowed leave 5. In case of a person to whom workmen’s compensation Act or
performance of salary as in (a) for a period Employees state Insurance Act applies, the amount of leave salary
his official duties not exceeding an other 120 shell be reduced by the amount of compensation/benefit payable under
or in days, and, in that event , the the said Act for the corresponding period.
consequence of period of such leave shall be
his official debited to his half pay leave
position. account.
Special No limit to frequency - The provisions as for Special As per Rule 45 of CCs(leave) Rules, 1972, the grant of leave shall be
Disability Leave Disability Leave for subject to the further conditions that :-
for accidental intentional injury apply (i) The disability, if due to disease, must be certified by an AMA to
injury, incurred subject to further conditions be directly due to the performance of the particular duty.
in or in as’ given in col (e) (ii) If disability was contracted during service otherwise than with a
consequence of military force, it must be exceptional in character, and
due performance (iii) The period of absence may be covered in part by leave under this
of his official rule and in part by any other kind of leave, and the period on leave
106

duties or in salary equal to that admissible for earned leave shall not exceed 120
consequence of days.
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 _ Full pay 1. Maternity leave may also be granted in case of miscarriage,
to female Govt. its commencement. including abortion to be supported by MC which should not exceeds 6
servants weeks.
(including an 2. In case of a person to whom , the Employee’s State Insurance Act,
apprentice) 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.
Paternity Leave 15 days _ Full pay
Hospital Leave For the period as Total period not to exceed Equal to that admissible 1. Admissible to 9 Group ‘D’ Govt servants, and such Gp ‘C’
considered necessary on 28 months during earned leave or half employees whose duties involve handling of dangerous machinery,
production of medical pay leave. explosive materials, poisonous drugs, or performance of due to risks
certificate form AMA 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 Workmen’s Compensation Act or the
107

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.
Study Leave Ordinary 12 months at 24 months during entire Equal to pay (without 1. May be combined with leave of any other kind but in no case the
any one time service (including study allowances other than combined absence (other than with EOL) will exceed 28 months.
leave granted under any Dearness allowance) which he 2. Granted for Special Course of Study or Specialist Training etc.,
other rule) drew while on duty having close connection with the sphere of his duty.
immediately before 3. Study leave is not ordinarily granted to be individual who has less
proceeding on study leave, in than 5 years service or is due to retire within 3 years of his expected
addition to study allowance return to duty.
for study leave out of India. 4. Any amount received by the Govt servant a scholarship, stipend.
No study allowance is payable Remuneration, will by adjusted against study allowance.
for courses of study in India. 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 for…studies in subjects other that academic or literary subjects.
Casual leave 8 days in a calendar year Full pay - Absence treated as duty.
for those entitled to 17 1. Can be combind with special CL/
holidays. 10 days for 2. Cannot be combined with juoining time.
those not entitled to 17 3. Sundays and holidays following during the period of CL are not
holidays. 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.
108

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 Admissibility Maximum Accumulation Remarks


Full Pay ** Length of Service Amount in a Calendar year 120 days Encashable on retirement upto a maximum of
60 days
01/7/54 to 1/1/81 to
31/12/80 19/7/98
(a) Less than one year Nil Nil Upto 31/12/80
(b) Over one year but 7 days 17 days 30 days
less than 3 years 1/1/81 to
(c ) Over 3 years but 11/9/2000
less than 10 years 10 days 17 days 60 days
(d) Over 10 years but 15 days 22 days 12/9/2000
less than 20 yrs onwards
(e) More than 20 yrs 20 days 27 days 120 days
of service

Half Pay 10 days for each calendar half year No limit May be granted without production of M.C.
Inoculation 2 days on any occasion. Full pay. Owing to prevalence of plague.
Terminal (a) Full Pay Leave. On account of retirement or abolition of post
(b) Half amount of full pay leave if resigned due to before attaining the age of super-annotation,
reasons other than ill health or compelling circumstances. or resignations due to ill health, where notice
of termination of service is required leave is
regulated to cover the period of notice.
109

Maternity 135 days from commencement This details/remarks as given is


Appx ‘A’ against Maternity
leave apply to Industrial
personnel also.
Paternity 15 days Full Pay
Extraordinary Please see Appendix ‘A’ The provisions equally apply to
Industrial categories.
Hospital No restriction Granted as considered necessary by the On account Of injuries received in the course
competent Authority. CSR 291 and G of I, M of DNo of his duty provided that in the case of a
11/(6)/67/5255/D(Civ.II) dated 15-5-67) person to whom the Workmen’s
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.
110

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 précis 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 AG’s 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.
111

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.
(2) 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.
(3) 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.
(4) 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.

Recording of Entries
14. (a) Every step in an officer’s 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.
112

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. Blank.

17. Verification of service is also recorded when an officer is transferred out.

18. 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)
113

Appendix ‘A’
(Precis No 1508)
(Refers to para 9)

1. BIO-DATA

1. Name in full (in block letters)


Shri/Shrimati/Kumari

2. Father’s name (in block letters)

3. Husband’s name (in block letters) Photograph

4. Nationality (if not a citizen of India,


(Number and date of eligibility certificate)
5. Whether a member of Scheduled Caste/Tribe
6. Date of birth by Christian Era and wherever possible
also in Saka Era (both in words and figures)

7. Educational qualifications (a) at the time of first appointment


(b) subsequently acquired.

8. Professional and technical qualifications not covered by 7

9. Exact height by measurement (without shoes)


10. Personal mark of identification

11. Permanent Home address

12. Signature or left hand thumb impression of the Government servant (with date)

13. 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.


114

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

2. Character and His/Her character and antecedent have been


antecedent verified and the verification report kept in safe
custody vide S.No ………… of folder II of the
service book.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. *(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.
9. 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.
10. 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.
115

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

Remark
1. Relaxation of age, Educational qualifications, attested copies of Certificate ‘A’ Authenticated
of age and Educational Qualifications …………………………………………
1A Attested copies of certificate of age and Educational Qualification…………… Attested copy

2. Report regarding verification of character and antecedents …………………… Original

3. Medical certificate of fitness (under Art 49 CSR) ……………………………. Original

4. Declaration regarding marital status ………………………………………….. Original

5. Oath/affirmation of allegiance to the Constitution of India as laid down in Original


CPRO 88/64 ……………………………………………………………………

6. Oath of secrecy ………………………………………………………………… Original

7. Declaration and acceptance of Home Town ………………………………….. Signed/Attested


copy
8. Nomination for G.P. Fund ……………………………………………………. Signed/Attested
copy
9. Nomination for family pension and death-cum-retirement gratuity …………… Signed/Attested
copy
10. Details of Family ………………………………………………………………. Signed/Attested
copy
11. Exercise of options in service matter …………………………………………… Signed/Attested
copy
12. Condonation of break in service ……………………………………………….. Authenticated/
Attested copy
13. Order regarding change of date of birth ………………………………………… -do-

14. Collateral evidence in respect of past service ………………………………….. Original

15. Change of name ………………………………………………………………… Original

16. An extract from the Employment Exchange letter sponsoring the candidature An extract/
of the individual ………………………………………………………………… Attested copy
……………………………………………………………………………………
17. A declaration to the effect that the individual has not contracted bigamous/ Original
plural marriage ………………………………………………………………….

18. A declaration to the effect of having or having not served earlier in the Army. Original
In the former case, details regarding pension received for combatant service,
If any and the discharge certificate from Army …………………………………

19. Nomination in the prescribed form in respect of Central Govt Employees Group Original
Insurance Scheme ………………………………………………………………...

20. Nomination in the described form in respect of compulsory deposit scheme …… Original

21. Medical Certificate for field service liability ……………………………………. Original

22. Statement of movable/immovable property …………………………………….. Original

23. HRA/CCA Certificate …………………………………………………………… Original


116

24. Character Certificate ……………………………………………………………. Original

25. Declaration of date of birth ……………………………………………………… Original

26. Re-attestation form …………………………………………………………….. Original

27. QPC form ……………………………………………………………………….. Original

28. Declaration regarding Caste/Religion …………………………………………… Original

29. Approved pay fixation Performa ……………………………………………….. Original


30. CGHS Index Card ……………………………………………………………… Original
117

Appendix D Form 2
(Precis No . 1508) ( See rule 15)
(Refers Para 14) FORM OF LEAVE ACCOUNT
M.S.O (T-II) A

Name of Government Servant …………………………………………………….……………………..


Date of commencement of continuous service…………………………………………………………..
Date of permanent employment…………………………………………………………………………..
`EARNED LEAVE HALF PAY LEAVE
Particulars Length Credit of Leave

(Col 19+22+22C+30+33) availed of during


of service of leave
E.L. credited at the beginning of half-year

E.L. to be deducted (1/11 th of the period


No of days of other kinds of leave (H.P.L)
commuted leave. Leave not due & E OL

Total E.L. at credit in days Col. 4+11-6


in the Service

Balance of E.L. on return from leave


calendar
Completed months of service in the

half – year Leave


Taken
the previous calendar half-year

T Against the

Leave at credit (Col.


o carning on
calendar half -year

No of completed
Leave earned (in
F half-pay
r T
From To To
No of days

No of days
(Col-7-10)
o o
In Col.5)

15+32)
m

From

From
1 2 3 4 5 6 7 8 9 10 11 1 1 1 1 16 17 1 19
2 3 4 5 8

NOTES
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 ½ 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 Commuted leave converted into half-pay leave (twice


without medical
Certificate for studies
Commuted

Balance of half –pay leave on return from leave


certified to be in public

Total of half-pay leave taken (Col. 19+23+30)


leave on
interest (limited to 180 Leave not due limited to 360 days in
Medical
days half-pay leave entire service
Certificate on
converted into 90 days
Full pay
commuted leave in
entire service

Fro To No From To No of On Medical Otherwise than

Total leave half-pay leave


m of days certificate On Medical
da Certificate

taken (Col. 26+29)


of col.22 and 22C)

ys limited to 180
days
From To N Fro To Nos

(col.016-31)
o m of
of day
da s
ys
20 21 22 22-A 22-B 22-C 23 24 25 26 27 28 29 30 31 32 33

4. The entries in Col 6 should be in complete days. Fraction of a day will be rounded to the nearest
day.

5. Period of Extra ordinary leave should be noted in red ink.

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.
119
Appendix ‘E’
(Precis No. 1508)
(Refer Para 14)

FORM OF LEAVE ACCOUNT INDUSTRIAL PERSONNEL

Est……………….. T/No…………………Trade………………………….Name………………………………………………..Date of engagement……………………………


Date of birth……………………………
Commencement of continuous Service………………………………………………..
Date of compulsory retirement ……………………………………………..

Leave on full pay Leave on full pay on


Medical Certificate

Perio
Leave under
d of Leave under Factories Act Period Leave taken Leave taken
Department rules
servic Bal. Leave at
Bal. Under
e for Bal Leave Tota Fro T No. Leave B. Tota Fro To No. Under Calenda credit Fro T No.
Factories Balance
which B.F Credit l m o of Credit F. l m of departme r year No. of m o of
Act
leave . ed Leav days ed Leav day nt rules days day
due e worke e s s
d
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
Period of service

22
for which leave
due

23
Leave earned days

Leave

24
B.F.

25
Total
26
From
To

27
Leave on half pay on Medical Certificate

Leave taken

No. of
28

days
29

From
leave

30

To
Commuted

No. of
31

days
Half pay leave
converted in to
32

commuted leave
(twice of Col 31)
33

Balance
120

Total leave taken


34

during service

Whether on M.C.
35

or Private affairs
M.C. or private affairs

36
From
To

37
Extra ordinary leave without pay on

days

38
No. of

39
Section
Initial of

40
Head of Name

41

From
42

To
Leave taken

No. of
43
Other Leave

days
121

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 précis 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 year’s 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.

7. 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)

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)
122

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) 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.
(ii) 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.

(d) 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.
(e) 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.
(f) 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 subscriber’s 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)
123

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).

14. (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)
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 ¾ 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)
124

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 month’s 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 CDA’s 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.
125

(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. When a subscriber has no family and some other person is nominated, it should be specified
that the nomination will become invalid on the subscriber’s acquiring a family.

27. 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.

28. 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)/90-
D (Civ-2) dated 10 Sep 90).

29. 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) 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
his death.
126

31. The scheme does not apply to persons appointed on Contract basis.

NOTE :- (1) The balance shall also include the interest payable.
(2) 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 subscriber’s 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.

36. 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


subscriber’s 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.
127

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). Head of Office .
(b)Advances for special reasons and final withdrawals from GPF 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)
128

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 précis 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.

(b) Subordinates - Permanent and Temporary.

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) Arrears of pay are not claimed in the monthly pay bill; they are
claimed in a supplementary bill.
(2) Normal periodical increments are claimed in the monthly bills duly
supported by the sanctioned increment certificate.
(3) 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.
(4) 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.
(5) 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,
129

is recovered provisionally, while water and electric charges are


deducted when the exact amount is known.
(6) 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.
(7) 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.
(8) In the case of invalidment from service, salary of the subordinate is
drawn upto and for the day preceding that of the Medical Board’s
Report.
(9) 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 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 pre-
audited 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)
130

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’.

9. Audit of IP Bills and Muster Rolls


(a) UA attached to GE’s 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.

10. 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.

11. 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.

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)
131

Appendix ‘A’
(Precis No 1510)
(Refers para 8)
MUSTER ROLL AND INDUSTRIAL PRESONNEL BILLS

(Copy of E-in-C’s No 27595/E8 dated 30 Apr 1949)

1. The following orders will take effect from 1st Jul 1949. On 30 Jun 49, the former AFHQ
letter No 7005/E2A dated 11/13 Feb 47 will be considered as cancelled.

2. Casual Personnel will only be engaged for, and the use of Industrial Personnel Bills restricted
to the following :-

(a) Work charge personnel engaged on supervisory or clerical duties or employed as


storekeeper, as laid down in para 89 MES Regulations.
(b) 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.

(b) 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.

The progress Report for the Labour employed under a Muster Roll be shown in
sufficient detail.
The S.A in GE’s 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.
132

5. Attention is directed to the various paras in Regulations for the MES relating to this subject,
and in particular to the following :-

Paras Summary

341 to 344 - 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.

(d) 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.”

Date Signed Supdt. Grade I

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) 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

(ii) 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)
133

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.

Industrial Personnel Bill No ……………………….. Dated …………………………………..

For the period of …………………………………… ending ………………………………….

Division ……………………………………………. Sub Division …………………………..

Progress Report
1. (a) Pune Military Hospital Project
Detailed supervision of work on Contract No ………………………………………..
Including daily check of contractor’s labour, checking of MES stores etc.
Works Munshi - 1 for one month ………….. Rs. 750 pm
Stores Clerk - 1 for one month ………….. Rs. 750 pm

(b) 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.
Fitter 2nd 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 III 12 Water tubing G.I.1” 80 rft.
6231 3/7/49 III 15 Water tubing G.I. ½ “ 20 rft.
6243 5/7/49 III 30 Bib Cocks, brass x” 10 Nos.
62343 5/7/49 III 38 Bib Cocks brass ½ “ 2 Nos.
62348 8/7/49 III 53 Collars C.I. 2 Nos.
62349 8/7/49 III 47 tees G.I. Sec. 1” 2 Nos.

………………………………………… Supdt I (B &R/E & M) GE/EE/AEE

Place ………………………… Date ……………………………...


134

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 Stores in Stores used Qty


‘X’ lines Hand Ledger description
(Hutments) No. pages
Nos. 4 & 6
Regular Gang :-

Carpenter 1st Class 1 Resecuring rechanging 6 I 22 Screws 1 ½ “ 1gr.


Doors

Carpenter 2nd Class 1 Windows 3 I 25 Wire nails ½ lb.

Bricklayer 1 Tent Plinths and fire II 50 B. Bricks

Blacksmith 1 Fire Places II 60 Cement ½ cwt.

Coolies 8 Patch rep to bwk of 65 Sand 4 cft.


4 Nos at NE corner 40 Plain MS sheet 8 Sq. ft.

Casual gang :-
(for earth work)

Mate 1 Nos 2 and 3 cook 45 Copper rivets 2 Doz


Houses I refixing
and partial renewal of 2.

Coolies 6 P sheet iron chula hoods

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.
135

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.

2. This precis deals with the necessity for correct and punctual submission of reports/returns,
their classification and method of compilation.

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) Regimental
(b) Staff
(c) Departmental
(d) Special

5. 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.
6. 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) Use of prescribed form.


(b) Accuracy in compiling.
(c) Legible writing.
(d) Punctual submission.
(e) Avoiding use of rubber stamp signatures.

Common Limits

9. (a) Ignorance of orders.


(b) Oversight.
(c) Wrong addressing.
(d) Alleged loss in post.
136

Appendix ‘A’
Precis No (1511)
(refer para 6)

LIST OF REPORTS/RETURNS RECEIVED

Section ……………………… Office of ……………………………

Sr. Title of Form From Date of To Date to Authori File Remarks


No. Report/Return No whom reach whom reach ty for No.
due submitt higher reports/
ed authority returns

On
occurrence

Weekly

Fortnightly

Monthly

Quarterly

Half Yearly

Yearly
137

Appendix 'B'
(Precis No 1511)
(refer para 6)

LIST OF REPORTS/RETURNS RENDERED

Section ……………………… Office of ……………………………

Sr. Title of Form To Date Distributi Authority File No. Remarks


No. Report/Return No whom due out on
submitted

On
occurrence

Weekly

Fortnightly

Monthly

Quarterly

Half Yearly

Yearly
138

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 individual’s 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 dependent’s 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.

5. 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).

6. Conveyance
The terms means conveyance at Public expense by Sea, Rail, Road or Air, unless
otherwise stated. (TR 2)

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 Other Trains
Express
Rs. 16,400 and above Executive Class AC First Class AC First Class
Rs. 8,000 to 16,399 AC Chair Car AC 2-tier AC 2-tier
Rs. 6,500 to 7,999 -do- AC 3-tier First Class/AC 3-tier/AC
Chair Car
Rs. 4,100 to 6,499 -do- AC 3-tier First Class/AC 3-tier/AC
Chair Car
Below Rs.4100 -do- -do- Sleeper Class
139

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).

(b) 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).

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 - Nil
Exceeding 6 hours but not exceeding 12 hours - 70 % of normal rates
Exceeding 12 hours - 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).
140

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 2 3 4 5
Pay Range A-1 Class A-Class Cities and B-1 Class Cities and Other
Cities Specially expensive Localities Localities
expensive
localities
Ordy Hotel Ordy Hotel Ordy Hotel Ordy Hotel

Rs. Rs. Rs. Rs. Rs. Rs. Rs. Rs.

Rs.16,400 260 650 210 525 170 425 135 335


and above
Rs.8,000 to 230 505 185 405 150 330 120 225
Rs.16,399
Rs.6,500 to 200 380 160 305 130 250 105 200
Rs.7,999
Rs.4100 to 170 245 135 195 110 160 90 130
Rs.6,499
Below 105 125 85 100 70 85 55 65
Rs.4100

(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. 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.

17. 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.
141

(b) Daily allowance – See para 13.


(c) Rates of lumpsum transfer grant and packing allowance

The rates admissible are as follows: -


Pay Range Lumpsum transfer Packing allowance (Rs)
Grant (Rs)
Rs. 16,400 and above 4000 1500
Rs. 8,000 and above but less than 3000 1200
Rs. 16,400
Rs. 6,500 and above but less than 1500 900
Rs. 8,000
Rs. 4,100 and above but less than 1000 600
Rs. 6,500
Rs. 3,550 and above but less than 600 600
Rs. 4,100
Below Rs. 3,500 450 450

(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).
142

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 Air-
Conditioned 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).
143

NOTES :- (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 fare.

(2) Road mileage is not admissible for local journeys performed at


outstation. (TR 111)
(d) DA for journey period and halt at rates in TR Rule 60,as admissible.

27. 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

30. 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”.

31. On day(s) when an individual on temporary duty is provided with free board and lodging,
he will draw only ¼ DA for that (those) day(s). If he is provided with free board he will
draw ½ DA for that (those) day(s). if he is provided with only free lodging, he will draw
¾ 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) First 180 days - Full daily allowance


(b) Beyond 180 days - Nil

33. DA at half rates are admissible upto 180 days where temp duty is performed by Govt
servant locally.

34. 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.
Min of Fin (Deptt of Exps) OM No 19030/5/86-E-IV Dated 12 Dec 86)
144

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. Daily allowance, in case of local journey, is admissible at half the rates given in para 14
in addition to road mileage.

37. 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)

38. 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)

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 day’s 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)
145

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. Families are entitled as per the head of the family. (TR 13)

50. ‘Main Route’ means the most convenient route usually taken by the traveling public.
(TR- 2)

51. 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)

52. 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. The rate are as laid down from time to time.

56. 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, de-
luxe/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)
(b) 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 air-
condition bus. Officers entitled to travel by AC First Class on rail tour may,
however, travel by Air-Conditioned bus, if available, on tour only.
146

(ii) 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 re-
imbursement 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)

59. 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)

60. 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)

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) Not in whole-time employment of Government


(b) 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 1960-
1961. 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.
147

(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.

64. “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.

65. Where both husband and wife are in Central Government service, the couple should be
treated as a single family unit.

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. Reservation charges for First Class and Sleeper/reservation charges for Second Class are
reimbursable.

68. 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 servant’s 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


148

(i) A dependent son/daughter getting employment or getting married after


going to home town, or remaining there for prosecution of studies.
(ii) 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 précis.
Auth : Min, of Home Affairs (DPAR) OM 31011/2/75-Est (A) dated 3 Feb 79).
149

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.

(1) Is the concession to visit any No. In the case of Govt servant who are already
place in India an additional entitled to LTC to home town the concession to visit
benefit to those who are already any place in India is in lieu of, and to tbe adjusted
entitled to LTC to home town ? 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.
(2) Can a Govt .servant who has As already stated under item (1) above, the LTC to
already availed of LTC to visit visit any place in India, if availed of by a Govt servant
home town in block of two who is entitled to LTC to home town will be adjusted
years avail of the concession to against the LTC to home town available to him at the
visit any place in India within time of undertaking the journey. Therefore, if a Govt
the same block of two years or servant has already availed of the LTC to home -town
should he wait for the next in respect of, say the block of 1978-79, he cannot avail
block of two years? 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.
(3) How will the claim of a Govt The surface journey to the nearest port will be
servant be regulated when he regulated under the normal LTC Rules and the sea
visits a place like Port Blair in passage will be regulated in accordance with the
Andaman and Nicobar Islands provisions of SR-40.
under the concession to visit
any place in India?
(4) Whether a Govt servant should Yes. Whenever a Govt servant proposes to avail of
intimate to the Controlling LTC to visit any place in India in a block of four years
Authority before the
place either for himself and/or a member/members of
commencement of the journey, family, he has to declare the intended place of visit as
the place he or his family and when the concession is proposed to be availed of
member(s) intends to visit and by the Govt. servant and/or members of his family.
also actually visit that place After the intended place of visit is declared, he and/or
under the LTC to visit any place
member/members of his family, as the case may be,
in India. 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.
(5) Is the concession to visit any Yes, provided they complete one year’s 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
150

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.
(6) What is the position regarding If an officer of a State Govt. is entitled to LTC to visit
admissibility of LTC to visit home town in accordance with the provisions in this
any place in India to State Govt regard, he can utilise this concession either to visit his
servants on deputation to home-town or exchange it for the concession to visit
Central Govt? 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.
(7) What is the position regarding A re-employed officer can also avail of the concession
eligibility of re-employed to visit any place in India provided he completes one
officer to the concession to visit year’s continuous service after re-employment and the
any place in India. 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.
(8) How will the claim of a Govt As already stated, a Govt servant has to declare the
servant under the LTC to visit place(s) of visit with reference to which he and/or a
any place in India be regulated member/members of family will avail of the
if he purchases a circular tour concession to visit any place in India. Once this is
ticket? 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.
(9) Will the definition of the Yes.
‘family’ applicable for the
purpose of LTC to visit home
town apply to the LTC to visit
any place in India?
151

2. The following decisions of the Government of India in regard to LTC are also brought to
the notice of all concerned :-

(1) Change of the declared The declared place of visit can be changed if a Govt. servant
place of visit after its so desires with the approval of the Controlling authority,
being intimated to the before the commencement of the journey. The declared place
controlling authority. 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.
(2) 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.
(3) 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.
(4) 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 claim
Govt employee if :- ‘Certified that my wife/husband for whom LTC is claimed
employed in office other 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.’

3. 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.

4. 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
152

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.

6. 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 year’s 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) The leave travel concession shall be admissible during any period of leave,
including casual leave and special casual leave.

7. 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;

(c) 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.

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
153

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.

11. 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 Shatabdi Exp. Rajdhani Exp. Other trains


(i) Rs. 16400/- and above Executive class AC Ist Class AC Ist Class
(ii) Rs 8000/-and above AC Chair Car AC 2Tier AC 2T
(iii) Rs 4100/- and above -do- AC 3Tier First Class/ AC
3 Tier/ AC Chair Car
(iv) Below Rs 4100/- ,, ,, Sleeper Class
.
.
(2) Journey by road –
(a) The Government’s 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 :- Appropriate class means as follows :-

(a) Officers entitled to travel By any type of bus including super


by I class on rail deluxe, express etc, but excluding
air-conditioned bus.

(b) Other officers 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 non-
availability of seats in ordinary bus.

(ii) Where a public transport system as aforesaid does not exist, the
assistance will be regulated as in case of journeys undertaken on
transfer.

(iii) 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
154

admissible for journey by a private car (owned, borrowed or hired)


or a bus, van or other vehicle owned by private operators)

(3) By air-
Pay 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.

(4) 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.

(5) 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.

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) If the family travels separately from the Government servant, the advance may
also be drawn separately to the extent admissible.

(iii) 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.

(iv) 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.

(v) 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.
155

(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
servant’s 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.

(3) 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)
156

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.

(Art I of CSR)
2. Important provisions of CSRs are reflected in Appendix ‘A’ to this précis.

3. This précis deal with the important rules with which the civilians subject to CSR are
concerned.

4. The following subjects in the CSR have been dealt with separately in the précis shown
against each; and are therefore NOT repeated here :-

Subject Precis No

(a) Age Limit for Appointment - 1504


(b) Scale of Pay - 1505
(c) Leave-Civilians - 1507
(d) Records of Service - 1508
(e) Beginning of Qualifying Service - 1515
(f) Pensions and Gratuities Civilians - 1515
(g) Joining Time - 1523
(h) Postings and Transfers - 1523

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.
157

(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.
158

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)
(d) 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)
(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.
159

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 Definition - Foreign Service


29 Definition - Grades and class
Principles of Seniority
Scheduled Caste Reservation
Age Concessions
Reservation for physically handicapped
Rule for examination for LDC
29A Definition - Heads of Departments
31 Definition - Lien on appointment
33 Definition - Local Fund
35 Definition - Military Service
36 Definition - Ministerial Officer
38 Definition - Pay and salary
39 Definition - Pay on appointment
40 Definition - Pay of an officer
41 Definition - Pension
43 Definition - Progressive Appointment
44B Definition - Remuneration
45 Definition - Rule of Promotion
49 Conditions of Age and Health for appointments
50 Conditions for dispensing with Medical Certificates on
appointments
51 Upper age limit for appointments
52 Date of reckoning Allowance
53 Charge of office
54 and 55 Definition - Headquarters
56 Leaving jurisdiction
60 Promotion during leave
61 to 62 Personal Pay, Local and Duty Allowance
64 to 66 Advances and their Recovery
67 Transfer on Duty
160

68 A Pay of officer undergoing training


71 Additions to Salary
76 A Temporary Appointments
77 Deputation in India
81 Pay of Officer on special Duty
82 Deputation Allowance
85 Rules on Deputation
86 Definition - Acting Allowance
87 Pro – temporary appointments
88 Charge Allowance to be in charge of current duties of Vacant
appointment
89 Provisional appointment
90 Substantive pro – temporary appointment
94 Charge Allowance
96 Maximum and Minimum Salaries
105 to 148 Rules for calculation of Acting Allowance
150 Regulation of Progressive Pay
151 to 154 Accrual of increment
156 Initial Pay on Substantive appointment
156A CDS (Revised Pay) Rules 1973
157 Counting of Service on Transfer
158 Option for date of new pay in case revision of Pay
159 Time spent on leave
160A Counters of service of time spent on training for grant of
161 Salary of officer appointed to officiate in two or more
appointments
162 to 164 Salary of officer performing temporary additional duties which are
outside the duties of his own appointment
165 Charge of current duties
192 to 193 Salary of officer under suspension
196 to 309 General Conditions for Leave
349 to 739 Rules on Pension
740-747 Wound and other Extraordinary Provisions
815 Record of Service Gazetted officers
816 to 822 Record of Service Non-Gazetted offices
825 to 861 Medical Certificate for grant of leave
862 to 866 Payment of leave allowances
161

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


Workmen’s 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.
162

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.

2. Object
The object of the Act is to regulate labour in the Factories.

3. 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.

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.
163

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)
(b) 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 unless-
The 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)
(c) 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)
(d) 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.
(e) 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)
(f) 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.
(g) Every hoist and lift shall be
(i) of good mechanical construction, sound material and adequate strength
and sufficiently protected and fitted with fates,
164

(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.
(h) Should be of good construction, sound material and adequate strength etc.
(Sec 28)
(i) Maximum safe speed of every ground stone or abrasive wheel must be
permanently affixed or placed near such machinery.
(Sec 29)
(j) Effective measure shall be taken to ensure that safe working pressure of pressure
plants is not exceeded.
(Sec 31)
(k) Should be of sound construction and properly maintained.
(Sec 32)
(l) Every fixed vessel, snup, tank, pit or opening in the ground or in a floor shall be
securely covered of fenced.
(Sec 33)
(m) No person shall be employed to carry, lift or move any load so heavy as to be
likely to cause him injury. (Sec 34)

(n) 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)
(o) 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)
(p) 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)
(q) 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)
(r) The Factory Inspector may make orders for repairs of buildings and machinery,
with reference to safety, of building.
(Sec 40)
(s) 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.

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.
(b) Facilities for storing clothes not worn during working hours,
(c) Government may requite provision of canteens in s factory wherein more than
165

250 workers are ordinarily employed.


(d) 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.
(e) 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.
(f) 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.
(g) In every factory where more than 50 women workers are ordinarily employed
there shall be provided and maintained baby crèches 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.

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 ½ hours

NOTES :- (1) 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.
(2) No woman is employed except between the hours of 6 a.m and
7 p.m
(3) No child is employed :-
(i) for more than 4 ½ 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.
Prior permission of the Chief Inspector of Factories of the area concerned is obtained (by
telegram in emergency) to work overtime.
166

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.
167

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. 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.

5. 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.
168

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. The Act came into force on 28th March 1937.

17. 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.

18. 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.
169

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. All wages shall be paid in current coin or currency notes or in both.
24. 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.
25. 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.

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.
27. 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.
28. Every fine shall be deemed to have been imposed on the day of the act or omission in
respect of which it was imposed.
29. All fines and all realization thereof shall be recorded in a register to be kept by the
employer as approved by the authority.
30. 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 .
31. 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.
170

SECTION III
WORKMEN’S COMPENSATION ACT

Applicability and object


1. (a) Workmen’s 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 employer’s 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. ‘Adult’ means a person who has completed his eighteenth year of age.
5. ‘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
Workmen’s Compensation Act and Area HQ.
171

7. Employer’s 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 Workmen’s 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 ½ 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 : (1) Service shall be deemed to be continuous which has NOT


been interrupted by an absence from work exceeding 14 days.
(Sec 5 WCA)
(2) 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
172

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 Appendix‘A’)
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 Workmen’s 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 Workmen’s Compensation Act.
All cases of compensation not covered under the Workmen’s 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 Workmen’s Compensation Act is
deposited with the Workmen’s Compensation Commissioner under Sec 8. A deposit so
made must be in accordance with Workmen’s 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 Workmen’s 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 Workmen’s Compensation Act is contained in CPRO
70/70.
173

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 half-monthly 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
(2) 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. 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

Amputation cases-upper limbs (either arm)


7. Amputation through shoulder joint. 90
8. Amputation below shoulder with stump less than 8” from tip of acromion 80
9. Amputation from 8” from tip of acromion to less than 4 ½”
tip of decranon 70
10. Loss of a hand or of the thumb and four fingers of one hand
or amputation from 4 ½ “ below tip of olecranon 60
11. Loss of Thumb 30
12. Loss of thumb and its metacarpal bone 40
13. Loss of four fingers of one hand 50
174

14. Loss of three fingers of one hand 30


15. Loss of two fingers of one hand 20
16. Loss of terminal phalanx of thumb 20
Amputation cases-lower limbs
17. Amputation of both feet resulting in end-bearing stumps 90
18. Amputation through both feet proximal to the metatarso-phalangeal joint 80
19. Loss of all toes of both feet through the metatarso-phalangeal joint 40
20. Loss of all toes of both feet proximal to the
proximal inter-phalangeal joint 30
21. Loss of all toes of both feet distal to the proximal inter-phalangeal joint 20
22. Amputation at hip 90
23. Amputation below hip with stump not exceeding 5” in length measured from
tip of great trenchanter 80
24. Amputation below hip with stump exceeding 5” in length measured from tip
of great trenchanter but not beyond middle thigh 70
25. Amputation below middle thigh to 3 ½” below knee 60
26. Amputation below knee with stump exceeding 2 ½” but not exceeding 5” 50
27. Amputation below knee with stump exceeding 5” 40
28. Amputation of one foot resulting in end-bearing 30
29. Amputation through one foot proximal to the metatarso-phalangeal joint 30
30. Loss of all toes of one foot through the metatarso-phalangeal joint 20
Other injuries
31 Loss of one eye, without complications, the other being normal 40
32. 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. Whole 14
34. Two phalanges 11
35. One phalanx 9
36. Guillotine amputation of tip without loss of bone 5
Middle finger
37. Whole 12
38. Two phalanges 9
39. One phalanx 7
40. Guillotine amputation of tip without loss of bone 4
Ring or Little Finger
41. Whole 14
42. Two phalanges 6
43. One phalanx 5
44 Guillotine amputation of tip without loss of bone 2
B – Toes of Right or Left Foot
Great Toe
45. Through metatarso-phalangeal joint 14
46. Part, with some loss of bone 1
Any Other Toe
47. Through metatarso-phalangeal joint 3
48. Part, with some loss of bone 1
Two Toes of one foot, excluding Great Toe
49. Through metatarso-phlangeal joint 5
50. Part, with some loss of bone 2
Three Toes of one foot, excluding Great Toe
51. Through metatarso-phalangeal joint 6
52. Part, with some loss of bone 3
Four Toes of one foot, excluding Great Toe
175

53. Through metatarso-phalangeal joint 9


54. Part, with some loss of bone 3

NOTES :- (1) 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.
(2) 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.

Temporary Disablement Half Monthly Payment as Compensation


3. 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.
176

Appendix ‘B’
(Precis No 1514)
(Para 12, Sec III Refers)

STATEMENT TO ACCOMPANY DEPOSITS WITH WORKMEN’S COMPENSATION


COMMISSIONER

WORKMEN’S 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 ……………………………………………………………………………………..
Father’s Name ………………………………………………………………………..
(Husband’s 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……………………


177

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 Workmen’s 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……. He/She was over/under


the age of 15 years at the time of the accident.

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 ………………………….


178

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) “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.
(b) “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.
(c) “Recognised Trade Union” means a Trade Union recognized under this Act.
(d) “Executive” means the body, by whatever name called, to which the management
of the affairs of a trade union is entrusted.
(e) “Office Bearer” in the case of a trade union, includes any member of the
executive thereof, but does not include an auditor.

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, AG’s 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;
179

(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 CWE’s 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.
180

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) Fire fighting personnel.


(b) Chowkidars (employed on security duties or in lieu of DSC Platoons)
(c) Gatekeepers.
(d) Telephone Operators.
(e) Conservancy Sweepers.
(f) Sanitary Assistants.
(g) Sanitary Inspectors.
(h) 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) Works committees consisting of representatives of employees and workmen.


(b) 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.
(b) “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.
(c) “Illegal Strike” means a strike which by virtue of any law for the time being in
force is illegal.
(d) “Irregular Strike” means an illegal strike or a strike declared by a Trade Union in
181

contravention of its rules referred to in clause (d) para 7 i.e. rules provided for the
procedure for declaring a strike.
(e) “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.

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 (AG’s 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,
182

general grievances regarding working


conditions such as medical facilities, security
of wage structure, trade testing, promotions,
transfers etc.
(d) Fourth level - all matters relating to local conditions of
work , welfare, improvement in efficiency of
work.

IV Level JCM Council


22. In the lower formation of the MES we are concerned with the IV Level JCM Councils
formed at a CWE’s/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 AG’s
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-in-
Strike/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.
183

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-C’s 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.
AG’s 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 ¾ 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 .
184

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 précis 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.
(e) 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) Group ‘A’ Officers are required to give an undertaking that
they would not seek such employment within two years of
retirement without prior permission.
(2) If permission is not refused within sixty days of the receipt
of application, it may be deemed to have been granted.
185

(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)
(g) The service must be under the Govt and paid by the Government. (Rule 14).
(h) The service should be in a pensionable post.

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

(b) 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).

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).

11. 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.

12. Past service of a Govt servant dismissed, removed or compulsorily retired but re-instated
on appeal or review, counts.

13. 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 :- Resignation submitted to take up another appointment, with proper


permission, under the Govt where service qualifies, does not entail
forfeiture of past service.
(c) 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.

Condonation of Break/Interruptions in Service


14. The appointing authority may condone interruption in the service Govt servant provided
that :-
186

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

15. 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) This does not apply to Group ‘D’ employees who entered service
on or before 23 July 1966.
(2) 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 Year’s 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
187

(ii) to a Govt servant who, or being declared surplus, opts for voluntary
retirement under Rules –29 of CCS (Pension) Rule 1972.
(c) Invalid Pension – Granted to a Govt servant who is declared by the appropriate
medical authority to be permanently incapacitated for further service.
(d) 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
(e) 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.
(f) 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.
(g) 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.
(h) 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.

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)
188

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 précis deals with the categories of classified documents, responsibilities for grading
and methods of handling such documents.

Definition
3. (a) Documents
Documents consist of any form of record information
(b) 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.
(c) Material or Matter
‘Material’ refers to any article , substance or apparatus of part thereof
(d) Handling
The preparation transmission and custody of documents.
(e) Accountable
Any classified documents, matter or material, (normally Top Secret or Secret) the
safe custody of which is to be certified periodically (usually annually).
(f) Order of Battle
The Indentity, Strength and Command structure of our Armed Forces.
(g) 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.

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
189

which would be prejudicial to the national interest or would embarrass the


Government in its functioning.
(d) 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.

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:-

(a) Top Secret


Unit Origination Custody
Sth HQ Cdr Cdr/Adm Comdt
Bdge/Sub Area Cdr/CAG Cdr/OAS Cdr/BM
Cdr
Div/Area HQ Col GS/Col Adm Col GS/Col Adm
Corps HQ
Comd HQ Brig Brig/Col
Arm HQ Brig ADG/Direcot
(b) 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 .
(d) Downgrading
Downgrading is carried out only by agreement of issuing authority . This
agreement is placed on records.
(e) 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.

9. 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.
190

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.
191

(c ) Restricted documents may be opened by any designated clerk .


(d) 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.
192

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 précis 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.

5. 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-C’s Standing Orders for the MES,
Para 115)
6. Instructions regarding issue and use of Railway forms normally used for Defence Service
Personnel are contained in AO 570/53.

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.
193

Financial Power of Local Purchase of Stationery


12. Expenditure on local purchase of Chief Engineer Rs 4,000/- per
stationery stores including printing and transaction with maximum of
binding through private agencies 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 Rs.250/-per transaction including


Cost of paper when not available from Cost of paper when not available from
normal sourse of supply. 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.
194

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) AGE- 2
(c) Sub Divisional Offices- 1
(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.

23. In addition, GE/(Indep) AGE may sanction one bicycle for use in Inspection Bungalow.
(MES Regs, Para 118)

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
26. 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).
27. 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.

28. 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.

29. 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.

30. 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.
195

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)
196

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 précis 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. All preliminary investigations are made by the superior officer of the individual
immediately in charge of the stores or other government property concerned.

5. (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.

6. 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)

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.

9. 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..
197

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.

Evidence
13. (a) ‘Court’ includes all judges, magistrates, and all persons, except arbitrators,
authorized to take evidence.
(b) ‘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.
(c) ‘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.
(d) 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.
(e) ‘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.

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.

15. 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.

16. A witness may refresh his memory be referring to any writing made by himself at the
time of transaction concerning which he is questioned.

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.
198

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 Inter-
Service 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.
199

(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.
(e) 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.

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.
200

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.
201

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-in-
Chief, Army Headquarters. These rules enunciate general principles. Minor changes to
suit local requirements are made by the formation/office concerned.

3. This précis 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 précis 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 précis has not been repeated.

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.
202

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

11. 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.

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).

18 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.

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.
203

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) Priority Slips
Priority, urgent or other priority slips should only be used where actually needed.
(c) 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) Book of reference should always be kept upto date by inserting
amendments as and when received.
(ii) Note books may be kept for recording important orders and instructions
and hand over on relief.
(f) 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.
204

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.

3. 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.

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. Blank

General
6. (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.
205

(e) Service records are maintained up-to-date.


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

8. 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-to-
date.
(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,
206

(j) A list of all rentable buildings is being maintained on authorised proforma.


(k) All outstanding recoveries on account of quartering charges are being vigorously
pursued.

10. 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) Proper receipts are obtained from contractors and others for stores issued
immediately on issue.
(f) 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.
(h) Security arrangements are adequate against theft.
(i) preservation and stacking of different stores have been carried out in an approval
manner.

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 turn-
over 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.

12. E-5 Section

(a) Authorised registers, such as the following are maintained up-to-date:-

(i) Register of appropriations.


(ii) Register of securities.
(iii) Unpaid wages register.
207

(b) Accurate data is available for preparation of Schedule of Demands.


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

13. E-6 Section

(a) The following registers/documents are maintained up-to-date:-

(i) Register of plans.


(ii) Record drawings,
(iii) Cantonment and other station plans.
(iv) Type plans.

(b) System of keeping drawings is efficient.


(c) 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) Register of contractors,


(ii) Register of contracts,
(iii) Bill register,
(iv) Record of contractors,
(v) Register of security deposits,
(vi) Register of star prices and proportional rates,
(vii) Work site order book.

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

15. Unit Accountant Office

(a) 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.
(b) Register of sanction is maintained in complete and up-to-date condition.
(c) Register of specimen signature is up-to-date.
(d) Register of measurement books is properly maintained; the balance is correct and
those issued to exist.
(e) Completed measurement books are returned to the UA.
208

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 Surveyor’s Assistant Grade I is GE’s office will :-
(a) Prepare tender documents (except specifications and drawings) for works service
within the GE’s powers for entering into contract.
(b) Technically check all deviation orders, rates and contractor’s 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.
209

(d) Checking the measurement of small services as ordered by the officer under whom
employed.
(e) Preparing estimates of costs of small services.
(f) Comparing the quantities with those in abstracts and checking the items and prices
in bills.
(g) 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)
210

Cashier
16. (a) Duties of a cahier are assigned to an Upper Division Clerkor LDC with 15 yrs of
service.
(b) 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)


211

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.
212

(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
213

(c) 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.
(d) 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 Minister’s National Relief Fund.
(b) National Defence Fund.
Jawaharlal Nehru Memorial Fund
Primer Minister’s National Relief Fund.
Prime Minister’s Draught Relief Fund.
National children’s 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/-
214

2) Where the total income 20% of the amount by


exceeds Rs. 22,000/- but does which the total income
not exceed Rs. 30,000/- exceeds Rs 22,000/-
3) Where the total income Rs 1600/- + 30% of the
exceeds Rs 30,000/- but does amount by which the
not exceed Rs 50,000/- total income exceeds Rs 30,000/-
4) Where the total income Rs 7600/- + 40% of the
exceeds Rs. 50,000/- amount by which the
does not exceed Rs. 1,00,000/- total income exceeds Rs 50,000/-
5) Where the total income Rs 27,600/- + 50% of
exceeds Rs 1,00,000/- 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 Rs 42,000/-


Standard deductions U/S 16 (i) @ 1/3rd
Subject to a maximum of Rs 12,000/- Rs 12,000/-
Taxable income Rs. 30,000/-
Income Tax on Rs 30,000/- (A) Rs 1,600/-
Saving U/S 80 C Rs 8,000/-
Rebate of income Tax @ 20% of saving
Subject to a maximum of Rs 10,000/- as (B) Rs 1,600/-
I.T. Rebate.
Tax to be recovered (A) –(B) Rs 1,600/- (-)
Rs 1,600/-
= NIL

ILLUSTRATION – II

Cross Income (A) Rs 82,000/-


Standard deductions U/S 16 (i) @ 1/3rd
Subject to maximum of Rs 12,000/- (B) Rs 12,000/-
Savings U/S 80 CCA (NSS) (C) Rs 40,000/-
Taxable income A-(B+C) (D) Rs 30,000/-
Income Tax on taxable income Rs 30,000/- (E) Rs 1,600/-
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 (F) Rs 1,200/-
Tax to be recovered E-F Rs 1,600/-
Rs 1,200/-
Rs 400/-
ILLUSTRATION – III

Gross Income Rs 82,000/-


Standard deduction U/S 16 (i) of I.T.
Act Subject to a maximum of Rs 12,000 Rs 12,000/-
Taxable income Rs 70,000/-
Income tax on taxable income or Rs 70,000 (A) Rs 15,600/-
Savings U/S 80 C Rs 46,000/-
Rebate of I.T. @ 20% on savings subject
To maximum of Rs 10,000/- as I.T. Rebate (B) Rs 9,200/-
Tax to be recovered (A) – (B) = Rs 6,400/-
215

ILLUSTRATION – IV
Gross Income (A) Rs 82,000/-
Standard deduction U/S 16 (i) (B) Rs 12,000/-
Saving U.S 80 CCA (C) Rs 12,000/-
Taxable income (A) – (B+C) Rs 47,000/-
L.T. on taxable income on Rs 47,000/- (D) Rs 6,700/-
Savings U/S 80 C Rs 23,000/-
Rebate of I.T. @ 20% on savings subject to
a maximum of Rs 10,000/- as I.T. Rebate (E) Rs 4,600/-
Tax to be recovered (D) – (E) = Rs 6,700/-
Rs 4,600/- (-)
Rs 2,100/-

ILLUSTRATION – V

Cross Income R (A) Rs 1,35,900/-


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

2. Income from house property


1. 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