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Precis No 1501
Management School
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 :-
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.
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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
Precis No 1502
Management School
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
Engineer-in-Chief
5. Engineer-in-Chief is the head of the Corps of Engineer and the MES
(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.
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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.
(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.
(a) The CE is the technical adviser to the Army Commander on all engineering matters.
(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.
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
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.
Note : There are many other EPs under CE Command holding Command stock.
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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
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.
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Appendix ‘A’
(Precis No. 1502)
OUTLINE ORGANISATION OF THE MES
(Para 3)
Engineer-in-Chief (Lieut – General)
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.
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Appendix ‘B’
(Precis No 1502)
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.
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Appendix ‘C’
(Precis No 1502)
(Refer to Para 3)
OUTLINE ORGANISATION OF CHIEF ENGINEER ZONE
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)
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Appendix ‘D’
(Precis No 1502)
GEs
Appendix ‘E’
(Precis No 1502)
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)
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.
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Appendix ‘F’
(Precis No 1502)
DFA(W) CGDA
Audit Officer Defence Services
RAOs/LOAs
Uas (MES)
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Precis No 1503
Management School
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)
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).
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.
(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)
(a) Permanent
(b) Temporary
11. Permanent establishment consists of establishment employed for indefinite period. Scales
for such establishment are sanctioned by Government.
(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)
(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.
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
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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.
(e) Lien
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.
(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)
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Appendix ‘A’
(Precis No.1503)
(Refer Para 13 (a))
Appendix ‘B’
(Precis No. 1503
(Refer Para 13 (b))
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:
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)
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) 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).
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.
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 :
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
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)
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)
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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)
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
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
⅔ percent. A 100 -
services in which the element of direct recruitment does not exceed 66
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.
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, 11 th 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.
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.
(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)
(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.
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.
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)
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
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)
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.
(a) Information to be furnished with regard to sons and /or daughters in case they are
studying in a foreign country.
6. Nationality
10. Educational qualification showing place of education with years in Schools and College
since 15th year of age :-
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.
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.
(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.
IDENTITY CERTIFICATE
Certificate to be signed by one of the following :-
Appendix ‘B’
(Precis No 1504)
(Refer Para 48)
FORM OF INTIMATION
(E-in-C No 42383/EI(D)(2) of 15 Jan 54)
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)
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.
(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)
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)
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)
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.
(b) Increments
39
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)
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.
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.
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.
29. The concession is not admissible for a child for more than two academic
year in the same class.
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 :-
(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.
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.
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.
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.)
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.
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.
(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.
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 )
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).
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
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.
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.
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.
(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.
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.
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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.
44. The disciplinary authority should forward to the inquiry officer the following
documents to enable the latter to hold the enquiry.
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:-
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.
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.
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
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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.
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.
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.
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.
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.
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”.
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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.
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
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).
This action should not be delayed and every effort made to issue Charge
Memo within one month from the date of unauthorized absence.
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.)
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.
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.
91. The following abbreviations have been used in this chapter for the sake of
convenience:-
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.
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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) 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.
(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.
(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.
(Assimilate the provisions of Rule 14 and the Instructions there under as also
Sections 7 and 8 of the Digest in the first instance.)
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.
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.)
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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.
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.
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.
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.
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.
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.
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.
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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.
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.
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.
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.
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.
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.
Appendix ‘A’
Precis No. 1506
(Refer para 90)
CONFIDENTIAL
No.
MEMORANDUM
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
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
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.
Encls :
CONFIDENTIAL
74
Appendix ‘D’
Precis No 1506
(Refer para 90)
CONFIDENTIAL
TELEPHONE :
ORDER
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
ORDER
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
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’
Signature
76
Appx ‘C’
3
No.
Government of India
Ministry of………….
(Place of issue……………………. Dated……………..)
ORDER
(Signature)………..
(Designation of the suspending
authority……………………..
77
Appx ‘D’
4
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;
Station:
Date Disciplinary Authority
78
Appx ‘E’
5
No.
Government of India
Ministry of………….
(Place of issue…………………………. Dated……………..)
ORDER
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.
4. Copy to Shri………… (name and designation of the authority making the order of
suspension).
NOTE 2. – Endorsement as in para 3 should be made where the order of suspension has
been made against a “Borrowed Officer”.
79
NOTE 5 – Paras 2 to 5 should not be inserted in the copy sent to the suspended officer.
Appx ‘F’
6
No.
Government of India
Ministry of………………
Dated…………………
MEMORANDUM
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.
2
Name and designation of Competent Authority
To
Shri……………………………….
……………………………………
3
ANNEXURE-I
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
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
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
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
AND WHEREAS the President/the undersigned considers that the Inquiry should be
appointed to inquired into the charges framed against the said Shri……………………
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
Appx ‘H’
8
No
Government of India
Ministry of……………………..
(Place of issue…………………… Dated…………………………..
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.
Appx ‘J’
10
No.
Government of India
Ministry of……………………….
(Place of issue……………………….. Dated…………………………..)
ORDER
Copy to:-
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……………..
Appx ‘K’
11
No
Government of India
Ministry/Officer of……..
Dated……………………
MEMORANDUM
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.
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
No
Government of India
Department/Office………………
Dated………………….
MEMORANDUM
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.
To
Shri……………………………….
…………………………………..
Appx. ‘M’
13
No.
Government of India
Ministry of ……………….
Dated
ORDER
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:-
Appx ‘N’
14
No.
Government of India
Ministry of……………….
Dated………………..
ORDER
Shri………………………
Shri………………………
Shri………………………
Shri………………………
Shri………………………
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.
Copy to:-
Appx ‘O’
15
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……………………….
Shri…………………………..
Shri………………………….
Disciplinary Authority
1
Authority competent to authenticate order in the
name of the President
89
Appx ‘P’
16
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)
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).
NOTE: In the above form, portions not required should be struck out according to the
circumstances of each case.
90
Appx ‘Q’
17
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).
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).
NOTE: In the above form, portions not required should be struck out according to the
circumstances of each case.
91
Appx ‘R’
18
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;
Station:
Appx ‘S’
19
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
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)
Appx ‘U’
21
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
Appendix ‘E’
(Precis No. 1506)
(Refers Para 19)
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.
(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.
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.
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
6. The following examples show how a period stated in calendar month is calculated :-
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)
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.
(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
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).
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)
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 :-
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).
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 :-
(G of I,M of Def Memo No. 11(5) 72/3399/D(Civ.-II) dated 11April 72,as amended)
(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)
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
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
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
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
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
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.
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.
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
12. Signature or left hand thumb impression of the Government servant (with date)
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.
*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…………………………….
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
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
Appendix D Form 2
(Precis No . 1508) ( See rule 15)
(Refers Para 14) FORM OF LEAVE ACCOUNT
M.S.O (T-II) A
T Against the
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)
(ON PRIVATE AFFAIRS AND ON MEDICAL CERTIFICATE INCLUDING COMMUTED LEAVE AND
LEAVE NOT DUE)
taken
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.
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)
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
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
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.
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.
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)
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)
(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.
(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)
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.
(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).
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.
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).
(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.
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.
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.
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
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)
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
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) 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.
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
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’.
Appendix ‘A’
(Precis No 1510)
(Refers para 8)
MUSTER ROLL AND INDUSTRIAL PRESONNEL BILLS
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 :-
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.
(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
(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.”
(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)
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.
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
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.
Appendix ‘C’
(Precis No. 1510)
(refer Para 8)
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.
Casual gang :-
(for earth work)
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
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.
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
(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
Common Limits
Appendix ‘A’
Precis No (1511)
(refer para 6)
On
occurrence
Weekly
Fortnightly
Monthly
Quarterly
Half Yearly
Yearly
137
Appendix 'B'
(Precis No 1511)
(refer para 6)
On
occurrence
Weekly
Fortnightly
Monthly
Quarterly
Half Yearly
Yearly
138
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).
(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
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
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
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).
(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
(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).
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).
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.
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).
(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
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.
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.
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)
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)).
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.
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)
56. For conditions of grant and eligibility and Conveyance Allowances for MES Personnel,
are laid down in TR Rules 222, 225 and 229.
(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)
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.
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
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.
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.
(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.
Appendix ‘A’
(Precis No 1512)
(Refer para 72)
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
member/members of his family, as the case may be,
under the LTC to visit any place
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
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.
(2) The leave travel concession shall be admissible during any period of leave,
including casual leave and special casual leave.
(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.
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 :-
(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
(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.
(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.
(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.
(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
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
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)
(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
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.
Precis No 1514
Management School
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
SECTION II
SECTION III
SECTION IV
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.
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
(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
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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.
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.
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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.
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SECTION II
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.
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.
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.
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.
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.
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
SECTION III
WORKMEN’S COMPENSATION ACT
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
(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.
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)
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.
Appendix ‘A’
(Presic No 1514)
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.
(Part II of Schedule I)
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
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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.
Appendix ‘B’
(Precis No 1514)
(Para 12, Sec III Refers)
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 ………………………..
Appendix ‘C’
(Precis No 1514)
(Para 12 Sec III Refers)
FORM ‘AA’
2. The said injuries workman has, prior to the date of the deposit, received the following
half-monthly payments, namely :-
SECTION IV
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.
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.
(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.
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.
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 :-
The two institutions for the prevention and settlement of industrial dispute in the Defence
Establishments are :-
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.
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.
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.
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.
Precis No 1515
Management School
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 :- (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).
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.
(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).
17. Average emoluments are determined with reference to the emoluments drawn by the
Govt servant during the last 10 complete months of his service.
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.
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.
Precis No 1516
Management School
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
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:-
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.
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.
Precis No 1517
Management School
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.
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)
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)
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)
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.
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Precis No 1518
Management School
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.
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
suppo sition 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)
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.
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
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.
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.
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
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
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
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.
(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.
(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.
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.
(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)
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.
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.
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.
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.
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.
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
ILLUSTRATION – I
ILLUSTRATION – II
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
Where an employee has positive income under any other head of income also, he can
furnish the prescribed particulars of such income and tax deducted at source thereon to
his employer and the employer can compute the total tax liability and deducted
appropriate tax from salary. However, such computation should not reduce the tax
deductable from the salary had other income not been taken into account.
While computing income from house property, the Act provides for deduction of interest
payable on borrowed capital (for construction/acquisition of the house) in addition to
other items. If the net income happens to be a loss, it can be sent off against the income
from other heads, subject to certain conditions. In such a case, the tax payable will be
less than what was deducted at source by the employer and the employee can get refund
of the excess amount from the I.T. Department, alternatively, the employee can furnish to
the I.T.O. the particulars of his income including the minus income (i.e. loss) from house
property and the approximate amount of tax payable thereon. If the I.T.O. is convinced
about the details, he can issue a certificate to the disbursing officer to deduct tax taking
into account the loss under the head ‘property’
216
6. Deduction u/s 24
For repairs *1/6th of E)………………………………………….
Insurance Permia paid…………………………………………..
Interest paid/payable on borrowed capital:
(a) relating to year of account
(b) pertaining to the period upto date of
construction/acquisition to the extent not
allowed as deduction………………………………….
Ground rent payable…………………………………………….
Land revenue paid……………………………………………… (limited to Rs
5,000)
Collection charges limited to 6% of E…………………………
Vacancy allowance (period for which house
Was vacant) (proportion of E)…………………………………
Irrecoverable rent, if any, subject to the
Condition that computation of income from
House property is not a negative figure………………………. F
Note 1- If ‘G’ is minus figure, the loss can be set off against
other income
15. For the purpose of chargeability to tax, salary includes arrears of salary received in the
year, irrespective of the years to which such arrears relate, if not taxed earlier on accrual
basis. However, the recipient can claim relief which is computed in the following
manner :-
a) Calculate the tax payable on the total income, including the arrears, in the year in
which the same is received A
217
b) Calculate the tax payable on the total income, excluding the arrears, in the year in
which the same is received B
c) Difference between the tax at (a) and (b) i.e, A-B. C
d) Compute the tax on the total income after excluding the arrears in the year to
which the same relates D
e) Compute the tax on the total income after including the arrears in the year to
which the same relates E
f) Difference between the tax at (d) and(e), i.e., E-D
g) Excess of tax computed at (c) over tax computed at (f) i.e C-F,G
If the arrears relate to more than one year, they should be spread over the relevant years
to which they pertain in the manner explained above and the amount of relief arrived at Rule 21 a
and Section 89 (1)&192 (2-A).
218
Precis No 1523
Management School
Introduction
1. Moves of Officers and subordinates from one office to another are often necessary in the
interest of the public service with a view to employ them to the best advantage of the
service. Such moves adds to efficiency and are called ‘Postings and transfers’.
2. This precis deals with the types of moves, authorities competent to sanction moves and
joining time.
Types of Moves
3. Moves are of 2 types :-
(a) Permanent
(b) Temporary
4. (a) Move on permanent nature of duty for a period exceeding 180 days is called
transfer on permanent duty or permanent transfer.
(b) Move on duty for a short period NOT exceeding 180 days is called temporary
move or move on temporary duty.
(c) Move on temporary duty, if it subsequently exceeds 180 days can be reclassified
as move on permanent duty or permanent transfer.
(d) Move or transfer on permanent duty is NOT reclassified after the move of the
individual has actually commenced from the station where he was officially
located when he received the transfer orders.
(e) No move on tour of inspection is classified as permanent irrespective of its
duration.
(f) Moves on MES personnel to attend courses of instruction at the CME are
TEMPORARY move even though the duration of any course may exceed 180
days.
Policy regarding Transfers – Subordinates
5. Salient points from the policy regarding transfers of Group ‘C’ and ‘D’ civilians
employees laid down by the E-in-C are given below. Supplementary instructions are
issued by CEs Commands.
(a) Group ‘D’ personnel should not normally be transferred from one station to
another except in very special circumstances like adjustment of
surpluses/deficiencies, promotions or exigencies of service.
(b) Routine transfers of Class III personnel are to be avoided and postings restricted
to contingencies like adjustment of surpluses/deficiencies, promotions,
compassionate grounds/mutual basis and exigencies of Service or administrative
requirement and to cater to turnover from tenure stations.
(c) Postings on administrative ground are to be first approved by E-in-C .
(d) Non-industrial personnel are command based. For adjustment of surpluses outside
Command, the junior most should be posted out.
(e) Industrial personnel are Area – based and junior most will be posted out in
case of adjustment of surpluses out of the Area.
(f) For enblock moves of offices, the longest stayees in the station (excluding
tenure expired in tenure stations) should move by making local adjustments.
(g) Longest Stayee – Volunteers having done 2 years in a station are to be given
preference and longest stayees will move in absence of volunteers. When
promotion is involved, it is the promotee who should move in absence of
volunteers.
(h) For determining the longest stay in a station, all MES units (including CE’s Office
located in that station) and adjacent localities are to be taken into consideration.
Seniority will be decided by CE Grouping will be decided by CE Command.
219
(j) Adjustment of Surpluses – Non – industrial personnel within the Command and
Industrial personnel within the Area longest stayee (or volunteers if available)
(k) Transfers should be avoided during middle of academic year. Sufficient warning
should be given.
(l) Age Factor – Persons having attained 55 years or over should not be transferred
except at their request and to stations of their choice provided clear vacancies are
available.
(m) Compassionate Posting – Domestic grounds should be verified with civil
authority and MC submitted if request is on medical grounds. Application are
screened by a Board of Officers. Postings are to be against clear vacancies failing
which against volunteers. Compassionate transfers are ordered at the expense of
individuals only.
(n) Mutual transfers on grounds other than compassionate may also be considered.
No TA is allowed.
(o) Female Government servants should not be posted to Field Service/Concessional
area and non family station.
(E-in-C 79040/EIC(!) dated 31 AUG 1994)
(p) Female employees posted out to accommodate tenure repatritees are eligible for
posting back to the stations from where they are posted or to their choice stations
after three years in such stations
Note :- Casual personnel are entitled, in addition to their wages during transit, the actual
cost of transporting their luggage and a single fare by ordinary mode of conveyance admissible
to regular personnel of the corresponding category
(MES Regs para 94)
9. The moves/transfers within the MES are ordered by the various competent authorities as
under :-
(a) Permanent Transfers
Military Officers - MS
Civilian Officers - E-in-C
Subordinates – Civilians
Inter-Command - E-in-C
Within the command - CE Command
Within the Zone - CE Zone
Within the Area - CWE
Within the Division - GE
Militarised Cadre of MES (JCOs/NCOs etc)- Engineer Group and Centre
concerned
All postings of civilian subordinates to tenure - CE Command
Station and back to non-tenure stations are ordered by
(b) Temporary Duty Moves – E-in-C/CE Command /CE Zone/CWE/GE within their
own jurisdiction.
Joining Time
12. Civilians of Defence Services are governed by the CCS (Joining Time) Rules, 1979
issued vide Govt of India, Ministry of Defence, OM No. F10(1)/79/D (Civ-II) dated 8
May 1980 in supersession of all previous orders/instructions regarding joining time,
Salient features of the Rules are given in Appendix ‘A’ to this precis.
221
Appendix ‘A’
Precis No. 1523
(Refer Para 12)
JOINING TIME
Eligibility
1. Joining time is granted to a Govt servant on transfer in public interest to enable him to
join the new post in the same station. Joining time is not admissible in cases of
temporary transfer for a period not exceeding 180 days. Only the actual transit period as
on tour is allowed,as per CCS (Joining Time)Rules 1979
9. In cases involving transfer from one station to another and also involving change of
residence, joining time is calculated with reference to distance between the old and new
headquarters as under :-
Distance between the old HQ Joining time admissible Joining time admissible
And new HQ when transfer necessarily
involves continuous travel by
road for more than 200 Kms.
Suffering of Holidays
13. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have
been extended to cover such holiday(s).
Rule 5(4)
Precis No 1524
Management School
Introduction
1. Elaborate instructions on Fire Precaution and Fighting Measures are contained vide AO
190/79. Formations, units and installations must exercise utmost vigilance, evolve an
efficient anti-fire system to meet their requirements and make all ranks fire-minded.
Cleanliness and tidiness are the most important contributory factors in fire prevention.
Watchfulness leads to early and timely shortcomings. Immediate action to remedy the
defects noted helps to prevent actual outbreak of fire. Fire preparedness at all times is
essential to combat a fire in its initial stage and thus minimise, if not prevent, loss of
stores and equipments. The necessity of methodical training and frequent practices
connot be therefore, overemphasized.
4. QMG’s Branch Q1(D) is responsible for fire service in respect of Army. The functions
of the Staff is so far as fire prevention and fire fighting are concerned, are as under :-
(a) Advisory
(b) Provision of fire fighting equipment.
(c) Inspection of fire fighting arrangements.
(d) Attendance at Court of Inquiries on major outbreaks of fire.
Responsibility
5. The Station Commander :-
(a) Appoints a Standing Station Fire Committee consisting of 3 officers, preferably :-
(i) an engineer officer,
(ii) an ASC officer
(iii) an officer of field rank from a unit in the station.
(b) Is responsible for co-ordination of fire prevention and fire fighting arrangements
within the station.
(c) is responsible for forwarding recommendations of the station fire committee to
Staff HQ concerned.
(d) Is responsible for formulating an inter-unit mutual aid Scheme on a station basis
and holding practices at least once in 2 months.
7. The OC Installations :-
(a) is responsible for the efficiency of fire prevention and fire fighting arrangements;
(b) details a qualified officer to carry out the duties of Fire Officer in addition to his
nomal duties;
(c) ensure that efficient liaison is maintained with neighboring installations and civil
Fire Brigades with the object of providing mutual aid;
(d) details a fire piquet of sufficient strength to handle fire fighting equipment and
ensures that the fire piquet receives adequate practical training in the use of such
equipment, and holds realistic fire practices regularly to ensure that the entire
organisation works with clock wise precision.
NOTE :- CsWE/GEs when carrying out annual inspection normally arrange a
practice drill with a view to ensure that the staff is adequate trained in fire
duties.
(E-in-C AHQ No/38868/E2A of 12-5-52)
(e) Ensure that fire orders are drawn up properly (See paras 10 to 19 below) and
known throughout the unit.
(f) Enforces security measures strictly, and.
(g) Brings to the notice of the Station Commander through the Station Fire
Committee any inadequacy in the arrangements.
9. Fire fighting equipment is treated as station stores. It is NOT moved when a unit moves
out of station. It is either returned to the Ordnance Depot concerned or handed over to
the relieving unit/OC Station pending arrival of new unit, Staff authorities concerned are
informed accordingly.
Fire Precautions
10. Fire precautions, details in unit standing orders, are strictly observed (See Appendix ‘B’
as a guide).
11. Building are insured when either let to private individuals or used for purpose of Cinema
Exhibitions.
(MES Regs, Para 637)
NOTE :- Provision of special fire mains requires the sanction of the Government of India.
(MES Regs, Para 853)
(c) Duties of Fire Piquet
The fire piquet is mounted daily/weekly. The piquet carries out the duties laid
down in’ Order for fire piquet’
(d) Fire Alarm Arrangement
Points where the fire alarms, consisting of gongs and beaters, painted red, are
situated.
(e) Assistance Available
Details of all outside assistance available, military and civil, showing locations
and Telephone No.
NOTE :- This does not prevent anyone from breaking open locked doors and
windows of any closed building/rooms if it is considered essential to arrest the fire
at its origin and fight the fire more effectively.
Other Personnel
17. Doble to scene of the fire & fall in.
18. The senior officer or NCO present takes charge of operations and decides whether to call
outside assistance or not
(AO 958/50)
19. Immediately on outbreak of fire action is taken to inform the HQ of the next higher
formation and the staff authorities in accordance with the instruction in AO 565/52
(Appendix ‘C’). Procedure regarding convening Court of Inquiry is also laid down
therein..
226
Appendix ‘A’
Precis No 1524
(Refer para 8)
Minor Equipment
(a) One Fire point per 2500 sq yds, superficial area, to consist of 3 buckets of water.
(b) For every FIVE Fire Points, the following additional equipment will be located in
a suitable place:-
(i) 2 Axes Hand
(ii) 1 Axe Felling.
(iii) 1 Axe Pick.
(iv) 1 Shovel G.S.,
(v) 2 Hooks Fire,
(vi) 4 Beaters,
(vii) 1 Crow Bar,
(viii) 1 Ladder 15 ft extending (or in lieu one bamboo ladder 15 ft)
(c) In workshops or store sheds, ONE Fire Point per 200 sq yds of floor space to
consist of :-
(i) 3 Buckets of water,
(ii) 2 Buckets of sand.
(d) Additional to (c) above, Paints Stores to have the following equipment per 50
tonnes of paints :-
(i) 5 Buckets of sand,
(ii) Five 2 galls, Foam extinguishers.
(e) Where NOT specifically stated otherwise, 2 gallons Soda Ash/Foam
Extinguishers will be provided as follows :-
(i) One 2 gall, Soda Ash/Foam Extinguisher for 7,500 sq yds if superficial
area.
(ii) One 2 gall. Soda/Foam Extinguisher for 200 sq yds of floor space.
2. Major Equipment
For every 2,50,000 sq yds superficial area :-
(a) 1 Trailer Fire Pump Large/Medium Complete with Appurtences.
(b) 1 Ladder extending 30’ (or in lieu one bamboo ladder 15 ft).
Appendix ‘B’
Precis No 1524
(Refer Para 10)
GENERAL INSTRUCTIONS
1. The general precautions against outbreak of fire which are to be observed and which will
from the basis of local fire orders are enumerated below. Local fire orders will be hung
up in every guard and store room, issued down to the commander of every platoon and
equivalent unit, and in I.A.. unit, communicated to all ranks at least once a quarter.
PRECAUTIONS
(i) Fires are not permitted in the vicinity of, nor, in any government building, except in
authorized fire places, stoves of braziers.
(ii) No fires or lights except those authorized for hospitals and guard-rooms, are allowed
lights out and reveille.
(iii) All fires will be swept out before unoccupied rooms are closed for the night. The
raking out of a fire on the hearthstone is to be avoided. Towards the time of lights out
all fires will be allowed to die down.
(iv) Those responsible for the closing of unoccupied rooms or buildings in which fires or
lights have been used will ensure before closing them that there is not risk of an
outbreak of fire occuring.
(v) Smoking in a storeroom or any place where dry grass, straw or combustible materials is
lying about, is forbidden.
(vi) Care will be exercised to avoid risk of fire when oil stoves or lamps are in use.
(vii) If a chimney catches fire, the fuel will be raked out at once and precautions taken to
stop a draught,
(viii) Fireworks or bonfires in barracks of camps are prohibited.
(ix) Empty packing cases or inflammable materials will not be stacked against the outer
walls of buildings or enclosures.
(x) No tent, screen or cooking place will be allowed within one hundred yards of thatched
or wooden building and charcoal braziers when in use will be protected by wicker
frames.
(xi) Roofs and walls of cook house will be kept clear of soot and chimneys swept by the
MES once a month.
(xii) Petrol, Kerosene, or other minerals oil or empty tins will never be stored in a building
containing a mechanical vehicle.
(xiii) Replenishment of fuel tanks of mechanical vehicles will only be made in the open air,
and not less than ten yards from any shed or building, and at a safe distance from any
naked lights. Petrol, tanks will remain closed and petrol taps turned off while
the vehicle is in a building.
(xiv) Smoking is prohibited within a garage or motor shed.
(xv) The greatest care will be taken to prevent the leakage of petrol, kerosene, and other
mineral oils and frequent examinations will be made to ensure that no leakage is taking
place.
(xvi) Petrol fires will be extinguished by the use of chemical fire extinguishers and/or by
smokitering with sand or earth. On a fire breaking out attempt to extinguish it and the
removal of all petrol in the immediate vicinity of the flames will be conducted
simultaneously. If the fire is being fed from a leak in a petrol pipe or tank the supply of
228
petrol should , if possible be cut off, or the vehicle moved with the object of preventing
the petrol from leak feeding the flames. Attempts should at the same time be made to
beat out the flame near the leak with a coat or anything suitable so as to sever the
flames form the leak. If a petrol fire has become too fierce one to be extinguished and
if there is a supply of petrol which is either feeding the flames or liable to do so all
doors and windows should be closed and every aperture which will admit air should be
blocked with wet mud or rags.
(xvii) Mechanical vehicle should be garaged with their brake off to enable their immediate
removal.
(xviii) If a mechanical vehicle catches fire, and it is not possible to move it away, all
other vehicles in the vicinity should be drawn away from the burning vehicle.
(xix) Chemical fire extinguishers will be inspected at least once a month and will be kept
filled and ready for any emergency.
(xx) Unauthorised persons will not interfere with electric, gas or water supply system in
military buildings, nor will fuse wires be replaced except by authorized personnel.
Inflammable Oil
2 In all stations where inflammable oils are to be kept or where the quantity is to be
increased, a board with MES officers on it when practicable, will be assembled to decide
upon the location of the store, the quantity of oils which may be kept therein and the
regulations under which it may be issued. The board will be guided by the provisions of
the petroleum acts in force and by the statutory rules and regulations issued by the G of I
and will conform to them as far as circumstances allow. In framing these instructions the
board will ensure that the oil is not stored where men can have access to it at night or
where it is near magazines or stores house and that the hours of issue are only by day
light so that utmost precautions are taken to avoid danger from fire.
The O.C station will issue orders that lights are at no time to be taken into the oil
stores, that a box of sand or dry earth is placed outside it for use in case of fire and that
water for the extinguishing of the fire is not to be used.
Fire Appliances
3. Fire engines will be kept near a quarter guard, the key of the building being hung
up in the guard room. Engines will be kept clean and the hose properly dubbed. Each
engine and hydrant will be tested monthly. The whole of the hose will be attached to the
engine or stand pipe and tested and hydrant boxes examined and cleaned. Hand pumps
will be kept in a prominent position besides the building with a group of fire buckets
filled with water.
229
Precis No 1525
Management School
Introduction
1. The Compassionate Fund of the Government of India is intended for relief of
families of Govt servants, if they are left in indigent circumstances on account of the
premature death of the person upon whom they depended for support. The assistance is
restricted to those who have not received any other form of death benefits such as
Contributory Provident Fund, gratuity or family pension. In special cases, awards may be
considered also for families of Govt servant who die within six months of retirement or
where the Govt servant has been totally/permanently disabled.
2. This précis deals with the procedure regarding grant of relief from the fund,
conditions and grants.
Constitution
3. The fund is fed by an annual grant which is cumulative the unexpended balance
being carried forward from year to year. It is administered by a Committee consisting of
Cabinet Secretary, Home Secretary, Finance Secretary (Expenditure) and Labour
Secretary.
Eligibility
4. The Fund is intended for relief of families of Govt servants who die in service and
who were paid from the Consolidated Fund of India. The deceased servant should have
served in any Civil Department of Govt of India or under a Union Territory. It also caters
for Railway employees and civilians paid from Defence Services Estimate but not to P
and T Department.
Amount of Grant
6. (a) No family pension will be granted from the fund.
(b) In exceptional cases suitable recurring grants may be sanctioned for a
limited period as assistance towards special need such as expenditure on the education
of minor children.
(c) Limp sum grants in excess of Rs 1,000/- will not be made except in very
exceptional circumstances. The total benefit payable in any individual case (lump sum
and recurring) shall not normally exceed Rs 10,000/- or a year’s pay, whichever is less.
Application
7. No application will be considered which is not submitted to the Ministry
concerned within one year of the death of the Government servant unless delay is
sufficiently explained.
9. After awards are made by the Compassionate Fund Committee, the Committee’s
decision is conveyed by the ministry of Finance (Dept of Expenditure) to the concerned
Ministry/Department. Based on this the Ministry/Department which sponsored the cases,
issues an expenditure sanction for payment out of the Compassionate Fund of the
Government of India addressed to the Pay and Accounts Officer of the Department
concerned with copies to all concerned.
10. In the case of civilians of Defence Services, Ministry of Defence would issue the
sanction directly to CDA(Pensions) Allahabad for necessary action.
General
11. Payment arising from the Compassionate Fund are not covered under the Scheme
for payment of Central Government Civil Pensioners through Public Sector Banks.
(G of I, Min of Finance (Dept of Expd) OM No 18(10)EV (B)/77 dated 18 Aug
1977).
12. Full and correct information should be given while forwarding such applications
to avoid back references from Ministry of Finance. Delays in submission after receipt of
applications from the widow defeat the very purpose for which Compassionate Fund
grants are intended viz, to provide immediate assistance to families left in indigent
circumstances because of Government servants dying in harness.
13. The committee have laid down the time-limit of three months from the date of
application in which period the Head of Department should scrutinize the application
and, if satisfied, forward the same to the administrative Ministry concerned, who should
forward the request to Dept of Expenditure without undue delay.
(G of I , Min of Fin OM No 10(1)/80-EV dated 27 May 1980)
231
232
Introduction
1. Casualty returns and PTOs (Part Two Orders) are medium of notification of
events concerning various establishments officers and subordinates regarding postings,
promotions, punishments and other casualties in the course of their official life.
2. This précis deals with the measures to ensure acquaintance with orders, various
forms used and method of preparation of casualty returns and PTOs.
Forms Used
5. (a) Casualty Returns
(i) Army Officers - IAFF-3010
(ii) JCOs/WOs/NCsE & Non-gazetted civilian - IAFF-3011
Personnel when employed in OP/Fd area
(b) PTOs
(i) Civilian Officers - all Cadres.
(ii) JCOs/WOs/ORs/NCsE when employed in peace area.
(ii) Civilian subordinates all grades in peace area.
NOTES: (1) Samples of IAFF-3010 and PTO forms given in Appendices ‘A’ and ‘B’.
(2) For other forms e.g., IAFF-3008, ‘Strength Return of Officers’ and
IAFF-3009, ‘Strength Return of Units’, see ‘Compilation of Reports and
Returns (Personnel)’ July 51 issued by Army Statistical Organisation.
(3) To ensure that the position of appointments shown in IAFF-3008
agrees with that reported on Casualty Returns (IAFF-3010) the following
certificate is endorsed by OsC Formation/Units on casualty returns (IAFF-
3010), notifying appointments and/or grant of acting rank: -
“Certified that the date and nature of appointments notified above,
agree with that shown in Unit Officers’ Nominal Roll (IAFF-3008) of the
formation/unit under my command for the corresponding month.”
233
(AO
25/54)
(4) Officers, JCOs, ORs and NCsE posted or transferred from one unit
to another are “SOS” (Struck-off-strength) of the dispatching unit with
effect from the date of which they are relieved of their duties and ‘TOS’
(Taken on strength) of the receiving unit from the same date. Promotions
and retention/relinquishment of ranks are governed by normal rules.
Method of Preparation
6. Casualty/Casualties of not more than one officer is/are reported on one and the
same form. Instruction for compilations of casualties/returns are contained in the
pamphlet referred to in para 5 Note (2) above.
8. Each formation/unit publishes its own Part II Order in respect of personnel borne
on its strength as well as those attached to it. They are issued once a week on every
Monday or the subsequent working day if Monday is a holiday. AGE/Ind AGE forms the
Unit in the MES.
9. Each Unit issues only one series of Part II Orders at a time, the series start with
No 1 and run serially for a calendar year. Each issue of the Part II Order is consecutively
numbered. The number and date of the last Part II Order quoted in the appropriate space
to enable the recipients to check any missing Part II Orders.
10. Units Stationed in field area, if issuing their own Part II Orders, do not mention
the name of station. They enter “Field”: only in the space meant for station.
11. Each page of the Orders is serially numbered on the top right hand corner, the last
one being indicated by addition of words “and last”. If an issue consists of only one page
it is numbered as “First page and last”. Each page also shows the number of pages of
which the PTO comprises.
12. Each casualty in an issue is given a sub number commencing with No 1 for that
issue. Sub numbers are not carried forward from one issue of Part II Orders to the
subsequent one.
13. Part II Orders published every Monday (or the subsequent working day if Monday
is a holiday) cover all casualties occurring upto Saturday proceeding the date of issue.
For this purpose a casualty register is maintained in each office with the man responsible
for preparation of Part II Orders, in which day to day casualties are entered. They are
234
checked up and verified from appropriate documents on which the casualties are based by
the office Supdt or Incharge Section before being put up to the Officer-in-Charge.
14. Record Office for MES employees in each Command functions at the level of
Command Chief Engineer and maintains the Service Books with relevant documents for
all non-industrial employees and those industrial employees who have opted for
pensionary benefits. For industrial employees who have not opted for pensionary
benefits, the Service Books are maintained at the unit level.
15. To facilitate the maintenance of correct records and uniformity of procedure, each
Record Office issues to its lower formations, through the medium of Administrative
Instructions, specimen wordings of casualties guidelines on matters affecting records,
Headings under which casualties are published, Division by parts catering to various
categories whose casualties are to be published thereunder, Distribution etc.
16. Illustrative division of a Part II Order into various Parts, Categories and grades
included in each part and distribution is given below: -
NOTE :- Copies of Part I only are required by E-in-C. This part should be
segregated and closed with distribution address. Parts II, III and IV may be cyclostyled
continuously to form one set and not mixed up with Part I.
Part II (a) Selection Grade Personnel Class III (Group ‘C’) - CE Command
(Ty) – Casualties other than those shown in Part I(b) CWE
GE
CDA
(b) Non-industrial Non-selection Class III (Group ‘C’)
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Part III Non-industrial Non-selection Class III and IV (Group ‘C’ and ‘D’)
Personnel CE Command
CWE
GE
CDA/RAO/LAO
Part IV Industrial Personnel
A- Group ’C’ who have opted for Pension Scheme - CE Command
CWE
B – Group ‘C’ who have not opted for Pension Scheme GE
CDA
C – Group ‘D’ who have opted for pension Scheme RAO/LAO/UA
D – Group ‘D’ who have not opted for Pension Scheme
17. Under each PART, layout of the Headings under which the casualties are
published may be as under :-
Strength Increase
Strength Decrease
Punishments
Pay and Allowances
Miscellaneous
Pensions
20. Part II Orders are signed by an officer authorized to do so. When a PTO affecting the
officer who normally signs the PTO of the office concerned is to be issued, another officer of
the office should sign that particular PTO.
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Appendix ‘A’
(Precis No 1526)
(Refer para 5)
CASUALTY RETURN OF OFFICERS
IAFF – 3010
CONFIDENTIAL
Statistical Unit Serial No ……………………………………………………………………………….Name of Unit
…………………………………………………..
RANK Person NAME Parent Nature Date Authy Detail CDA( For
al No (Surna Arm Of of where s of O) ORG
Sub W/Su Temp Actin
me to Casual Casual availa casual A/C 3/
b g
be ty ty ble ty No. CDA(
underli O) use
ned) only
237
……………………………………………..
PART II ORDERS
Appendix ‘B’
(Precis No 1526)
(Refer Para 5)
Page No.
UNIT …………………………………………… No
…………………………………………(Pages)
______________________________________________________________________________
______________
Distribution :