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GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART I - General Rules

(1st Edition)

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PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of

the powers conferred by the proviso to Article 309 of the Constitution of India, as

under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General

Provident Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from

the partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time,

till date before the updation in the present form, and these rules have been brought

out in VIII parts, as detailed above, for the sake of convenience and facility for easy

handling of the books to the readers.

4. These rules will apply to Government employees belonging to the

categories mentioned in rule 1.2 of Part I – General Rules of these rules from the

date of issue of this publication.

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5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the

Haryana Government. However, they will be governed by the rules issued by the

President of India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series “GR, LR and PF” (abbreviation for General Rules, Leave

Rules, Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing

rules contained in Haryana Civil Services Rules, Part I to VI and the Chief

Secretary, General Administration Department is the competent rule making

authority for Part VII - Government Employees Conduct Rules and Part VIII -

Punishment and Appeal Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating,

re-writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these

rules, are requested to bring them to the notice of their Head of Departments, who

will please submit their proposals to the Finance Department, through the

Administrative Department concerned for Part I to VI and to the Chief Secretary,

General Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

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THE HARYANA CIVIL SERVICES RULES PART I – General Rules

CHAPTER I – Extent of Application 1.1.(1) These rules, issued by the Governor of the Haryana, under proviso to

Article 309 of the Constitution of India (see also Article 16, 310 and 311 of the

Constitution), shall be called the Haryana Civil Services Rules comprising of VIII

parts as under: -

(a) Part I – General Rules –.

(b) Part II- Leave Rules - contains rules contains rules relating to pay and

allowances, joining time and other general conditions of service relating to various

kinds of leave.

(c) Part III – Pension Rules - contains rules relating to pension and family pension.

(d) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund.

(e) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance.

(f) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.

(g) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service.

(h) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

(2) They shall come into force on the date of their publication in the

official gazettee.

1.2. Except as otherwise provided in rule 1.4 infra or in any other rule(s), these

rules shall apply to all Government employees belonging to the categories

mentioned below, who are under the administrative control of the Haryana

Government and whose pay is debitable to the Consolidated Fund of the State of

Haryana:-

(1) Members of State Services, Group A and B;

(2) Members of State Services, Group C;

(3) Members of State Services, Group D;

(4) Holders of Special Posts; and

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(5) any other Government employee or class of Government employees to whom

the competent authority may, by general or special order, make them applicable:

Provided that the pension rules as contained in Part III and General Provident

Fund Rules as contained in Part IV of these rules shall not apply to the

Government employees, who are appointed to the posts mentioned in categories

(1) to (5) above on or after 1st day of January 2006. They shall be covered by the

“New Defined Contribution Pension Scheme”.

Note 1.- Unless stated to the contrary in any rule(s) or the contrary is apparent

from the context, the term “Government employee” includes also a temporary or

an officiating Government employee.

Note 2.- The Speaker of the Legislative Assembly has agreed under Article 187(3)

of the Constitution that until a law is made by the Legislature of the State under

Article 187(2) of the Constitution or rules are framed by the Governor in

consultation with the Speaker of the Legislative Assembly under clause (3) of

Article 187 of the Constitution of India, these rules and amendments thereof if any

(after prior consent of the Speaker), shall apply to the secretarial staff of the

Haryana Legislative Assembly.

Note 3.- The Chairman, Haryana Public Service Commission, has agreed to the

application of these rules as amended from time to time, in the case of officers and

employees of the Haryana Public Service Commission. See also Article 318 of the

Constitution.

1.3. When in the opinion of the competent authority, special provisions

inconsistent with these rules are required with reference to any particular post or

any conditions of service, that authority may, notwithstanding anything otherwise

contained in these rules, and subject to the provisions of clause (2) of Article 310 of

the Constitution of India, provide agreement with the person appointed to such post

for any matters in respect of which in the opinion of that authority special provisions

are required to be made:

Provided that in every agreement so made it shall be provided that in respect of

any matter for which no provision has been made in the agreement, provisions of

these rules shall apply.

1.4. These rules shall not apply to -

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(i) any person between whom and the Government, a specific contract or

agreement subsists in respect of any matter dealt with herein to the extent up to

which specific provision is made in the contract or agreement (see rule 1.3 above);

(ii) any person for whose appointment and conditions of service special

provision is made by or under any law for the time being in force; and

(iii) any person(s) engaged occasionally and subject to discharge at one

month’s notice. A list of such work charged Government employees is available in

chapter 2 of Haryana P.W.D. Schedule of Rates.

Note .- Model form of agreement for engaging a person on contract is given in

Form No.1.

1.5. If any doubt arises as to whether these rules apply to any person or not, the

decision shall lie with the “Finance Department”.

1.6. Nothing in these rules shall operate to deprive any person of any right or

privilege to which he is entitled by or under any law or by the terms of his

agreement.

1.7. Unless otherwise provided in any rule(s), a Government employee’s claim

shall be regulated : -

(i) for pay and allowances by the rules in forces at the time in respect of

which the pay and allowances are earned;

(ii) for travelling allowance by the rules in force at the time the journeys in

respect of which they are made are undertaken;

(iii) for leave by the rules applicable to him at the time the leave is applied

for and granted; and

(iv) for pension by the rules in force applicable to him at the time when the

Government employee retires or is discharged from the service of Government.

See Pension Rules in Part III of these rules.

1.8. The power of interpreting, changing, amending and relaxing these rules is

vested in the Finance Department.

Note 1.- Communications regarding the interpretation and alteration of these rules

should be addressed to the Finance Department through the Administrative

Department concerned.

Note 2.- Where the Finance Department is satisfied that the operation of any of

these rules regulating the conditions of service of State Government employees or

any class of such Government employees, causes undue hardship in any particular

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case, it may by order dispense with or relax the requirements of that rule to such

extent and subject to such conditions as it may consider necessary for dealing with

the case in a just and equitable manner.

The expression “State Government employees”, means all persons whose

conditions of service may be regulated by rules made by the Governor of Haryana

under the proviso to Article 309 of the Constitution.

1.9. The Rules contained in Punjab Civil Services Rules, Volume I, Part I and II

are hereby repealed. Anything done or any action taken under rules so repealed,

shall be deemed to have been done or taken under the corresponding provisions of

these rules.

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CHAPTER II- Definitions 2.1. Unless there be something repugnant in the subject or context, the terms

defined in this chapter are used in these rules in the sense here explained.

2.2. Accountant General means the head of office of Accountant General

(Accounts and Entitlement) representing the Comptroller and Auditor-General of

India, who maintains the accounts of the Haryana State and exercises audit

functions in relation to those accounts on behalf of the Comptroller and Auditor

General of India.

Note. -This definition covers also the term’’ Audit Officer”.

2.3. Active Service, for the purpose of pension, includes besides time spent on

duty in India or abroad: -

(i) Leave of all kinds except extraordinary leave not counting towards increment

under rule 4.9 (b)(ii);

(ii)Time spent in transit while spending leave in India or abroad by a Government

employee, who is recalled to duty before the expiry of such sanctioned leave as

per conditions provided in rule 21 of Leave Rules contained in Part II of these rule.

(iii) The period of absence from India of a Government employee deputed or

detained out of India on duty.

2.4. Actual Travelling expenses means the actual cost of travelling in public

interest and also includes expenditure incurred by a Government employee for

transporting household luggage, as per norms fixed by State Government from

time to time and including ferry and toll charges paid , if any.

2.5. Age means and includes the period of life passed by a Government

employee on a specific day in terms of years, months and days from the date of

his birth.

Note 1.- Every person newly appointed to a service or post under Government

should at the time of appointment declare the date of his birth by the Christian Era

with confirmatory documentary evidence such as Matriculation Certificate,

Municipal Birth Certificate and so on. If the exact date is not known an approximate

date may be given. The actual date should be recorded in the service book or any

other record that may be kept in respect of the Government employees’ service

under Government and once recorded, it cannot be altered except in the case of

clerical error, without the prior orders of Government . See also Rule 6.1 of

Haryana Financial Rules, Volume 1.

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Note 2.- In respect of alteration in date of birth the provisions laid down in

Annexure A to Chapter VI of Haryana Financial Rules, Volume I shall apply.

2.6. Allotment means grant of a licence to a Government employee to occupy a

house owned, leased or requisitioned by the Government or a portion thereof, for

use by him as residence.

2.7. Apprentice means a person deputed for training in a trade or business with

a view to employment in Government service, who draws pay at monthly rates

from the Government during such training, but is not employed in or against a

substantive vacancy in the cadre of a department.

2.8. Cadre means the strength of a service or a part of service sanctioned as a

separate unit.

2.9. Compensatory Allowance means an allowance granted to meet personal

expenditure necessitated by the special circumstances in which duty is performed.

It includes travelling allowance, dearness allowance but does not include

sumptuary allowance nor the grant of a free passage to or from any place outside

India.

Note. - See the explanation and note 1 under rule 2.44.

2.10. Competent authority in relation to the exercise of any power under these

rules means the authorities to whom such powers have been delegated under

these rules or otherwise the Administrative Department concerned of Government

acting in consultation with the Finance Department. A list of authorities which

exercise the powers of a competent authority under the various rules is given in

Chapter XI.

2.11. Day means a calendar day, beginning and ending at midnight; but an

absence from headquarters, which does not exceed twenty-four hours shall be

reckoned for all purposes as one day at whatever hours the absence begins or

ends.

2.12. Duty –

(a) Duty includes: -

(1) actual time spent , in performing Government job ;

(i) within sphere of duty;

(ii) out of sphere of duty, when authorized by competent authority

(2) service as a probationer followed by confirmation ;

(3) joining time, casual leave, quarantine leave and holiday(s);

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(b) A Government employee is also treated as on duty under the following

circumstances: -

(1) period for a course of authorized training or instruction in India or abroad.

(2) period spent on tour;

(3) period of suspension, if treated as duty on reinstatement ;

(4) the day of death irrespective of time;

(5) in the case of a student, stipendiary or otherwise, who is entitled to be

appointed to the service of Government on passing through a course of training at

a University, College or School; during the interval between satisfactory completion

of the course and his assumption of duties, unless in any case, it be otherwise

provided in the terms of his appointment;

(6) the period of compulsory waiting spent by a Government employee for getting

posting orders on return from foreign service, deputation, training, leave and for

any other reasons for which Government employee is not accountable, when

authorized by the competent authority;

(7) the period in all cases of enforced halts occurring enroute on tour/ transfer

when journeys necessitated by break down of communications due to blockade of

roads on account of floods, rains, heavy snowfall, land slides, etc., when

authorized by the competent authority ;

(8) the period occupied in attending obligatory examinations including the time

reasonably necessary for the journeys to and from the place of examination;

(9) the period occupied in attending in-service optional examinations including the

time reasonably necessary for the journeys to and from the place of examination,

at which a Government employee is permitted to appear by the competent

authority and

(10) The period spent by newly appointed Engineers from the day they report for

duty to the day they complete taking over charge of posts involving verification and

inspection of stores etc.: provided the time spent in taking over charge is

reasonable and duly authorized in writing by the Head of Office.

Note 1.- The Departments of Government shall have full powers to treat the

period of training or instructions in India as duty in respect of Group A Officers and

the Heads of the Departments for Group B, C and D employees.

Note 2.- The apprenticeship period shall not be treated as duty period for any

purpose.

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Note 3.- No leave of any kind can be treated as duty for the purpose of any rule

unless the contrary is expressly stated therein.

2.13. Family means a Government employee’s wife or husband, as the case may

be and legitimate children wholly dependent upon the Government employee.

Except in rules, 2.43(a)(2)(iii) and 2.62 of the Travelling Allowance Rules

contained in Part V of these rules, it includes in addition parents, if residing with

and wholly dependent upon the Government employee.

Note 1.- The term “legitimate children” in this rule does not include adopted

children except those adopted under the Hindu Law.

Note 2.- The term “child” or “children” used in this rule includes major sons and

married daughters so long as they are residing with and wholly dependent on the

parent (the Government employee) and subject to this condition being fulfilled, it

includes widowed daughter also.

Note 3. - Not more than one wife is included in the term family for the purpose of

these rules..

Note 4.- An adopted child shall be considered to be a legitimate child, if, under the

personal law of the Government employee adoption is legally recognized as

conferring on it the status of a natural child.

Note 5.- A person, who is having an income equal to minimum of family pension of

Rs. 3500/- per mensem plus dearness relief thereon or above, from all sources,

shall not be treated as dependent family members on the Government employee.

2.14. Fee means a recurring or non-recurring payment to a Government

employee from a source other than the Consolidated Fund of India or of any State,

whether made directly to the Government employee or indirectly through the

intermediary of Government, but does not include:-

(a) unearned income such as income from property, dividends and interest on

securities; and

(b) income from literary, cultural, artistic, scientific or technological efforts, if such

efforts are not aided by the knowledge acquired by Government employee in the

course of his service.

2.15. Finance Department means the Finance Department of the Haryana

Government.

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2.16. First appointment includes the appointment of a person not at the time

holding any appointment under Government, even though he may have previously

held such an appointment.

2.17. Foreign service means service in which a Government employee receives

his pay with the sanction of Government from any source other than the

Consolidated Fund of India or the Consolidated Fund of State.

2.18. A Gazetted Government Employee is one who is a member of Group A and

B service of State or All-India Service or any other Specialist service declared as

such by the Government.

2.19. General revenues include the revenues of the Union Government or of State

Government and exclude the revenues of a Local Fund.

2.20. Government means the Haryana Government in the Administrative

Department.

2.21. Gratuity – means the lump sum amount payable for the services rendered

by a Government employee on his retirement or death while in service (see rule

6.10 of Pension Rules contained in Part III of these rules).

2.22. Head of Department means the authority shown in column 3 of Appendix D

to the Budget Manual in respect of the Government employees whose pay is

charged to the corresponding head of account in column I of that Appendix, with

the following exceptions; -

(1) Governor is Head of the Department with respect to himself and his personal

staff;

(2) Commissioners of Divisions are Heads of Departments with respect to

Government employees whose pay is charged to the minor heads

‘Commissioners;’ ‘District Establishment, and ‘Other Establishment.;

(4) Any other authority specially appointed by the competent authority to exercise

the powers of a Head of Department.

2.23. Heads of Offices means the authorities designated as Disbursing Officers or

any other Government employee declared to be the head of an office by competent

authority.

2.24. The Headquarters of a Government employee are -

(a) if he is attached to the Secretariat offices of the Government, the headquarters

for the time being of the Government; and

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(b) in other cases, the station which has been declared to be his headquarters by

competent authority or, in the absence of such declaration, the station where the

records of his office are kept.

2.25. Holiday means; -

(a) a holiday prescribed or notified by or under section 25 of the Negotiable

Instruments Act, 1881; and.

(b) in relation to any particular office, a day on which such office is ordered, by

notification in the Gazette or otherwise to be closed for the transaction of

Government business without reserve or qualification.

Note 1.- This term does not include “local holiday” which may be granted at the

discretion of the Head of the Office.

2.26. Honorarium means a recurring or non-recurring payment granted to a

Government employee from the Consolidated Fund of India or the Consolidated

Fund of a State as remuneration for special work of an occasional or intermittent

character.

Note 1.- No honorarium should be paid in respect of any work which can fairly be

regarded as part of the legitimate duties of the Government employee concerned.

Note 2.- It is one of the liabilities of Government employees to work outside office

hours in exceptional time and circumstances. No honoraria should ordinarily be

given on this account, but continuous working out of office hours may justify a

claim to honoraria or to special pay.

Note 3.- No honoraria should be paid to Government employees for attending

meetings of boards and committee financed wholly or partly from Government

revenues.

Note 4.- No honorarium should be granted to gazetted officers engaged on work in

connection with the setting up of companies, corporations, etc, which forms a part

of their normal duties even if they work beyond office hours.

2.27. Joining time means the time allowed to a Government employee in which to

join a new post or to travel to or from a station to which he is posted.

2.28. Leave salary means the amount paid in lieu of pay to a Government

employee for the leave period.

2.29. Lien means the title of a Government employee to hold a post, whether

permanent or temporary, including a tenure post, to which he has been appointed

on regular basis.

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2.30. Local Fund means: -

(a) revenues administered by bodies which by law or rule having the force of law

come under the control of Government, whether in regard to proceedings generally

or to specific matters such as the sanctioning of their budgets, sanction to the

creation or filling up of particular posts, or the enactment of leave, pension or

similar rules, and

(b) the revenues of anybody which may be specially notified by the competent

authority as such.

2.31. Military Commissioned Officer means a commissioned officer other than a

departmental officer. It does not include a warrant officer.

2.32. Military Officer means any officer falling within the definition of Military

Commissioned Officer and a warrant officer.

2.33. Ministerial employee means a Government employee belonging to State

Service, Group C, whose duties are entirely clerical, and any other class of

Government employees specially defined as such by general or special order of

the competent authority.

Note 1.- Those members of Group-B service whose duties are predominantly

clerical, shall be classed as Ministerial employees for the purpose of this rule.

2.34. Month means a calendar month. In calculating a period expressed in terms

of months and days, complete calendar months, irrespective of the number of days

in each should first be calculated and the odd number of days calculated

subsequently.

Example1.- The period from 25th January to 13th May, is calculated as 3 months

and 20 days as under: -

Y M D

25th January to

31st January 0 0 7

February to April 0 3 0

1st May to 13th May 0 0 13

0 3 20

Example 2.- The period commencing on 16th November and ending with 21st

February, works out to be as 3 months 6 days, shall be calculated as under:

Y M D

16th November 0 0 15

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to 30th November

December and 0 2 0

January

1st February to 0 0 21

21st February

0 2 36*

Total 0 3 06

* A spell of 30 days/calendar month shall be treated as one month.

2.35. Officiate- A Government employee officiates in a post when he performs the

duties of a post on which another person holds a lien. A competent authority may,

if it thinks fit appoint a Government employee to officiate in a vacant post on which

no other Government employee holds a lien. Such Government employee holding

a post in a temporary or officiating capacity in his parent cadre shall have the

officiating right on that post, even if he has been appointed in ex-cadre post or sent

on foreign service or deputation out of his parent cadre.

2.36. Overseas pay means pay granted to a Government employee in

consideration of the fact that he is serving in a country other than the country of his

domicile.

2.37. (a) Pay means the amount drawn monthly by a Government employee as -

(i) the pay in the pay band plus applicable grade pay, which has been sanctioned

for a post held by him substantively or in an officiating capacity or to which he is

entitled by reason of his position in a cadre; and

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

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

competent authority.

Note 1.- Judicial pay has been classed as pay under rule 2.37 (a) (iii).

Note 2.- If language allowance are lump sum allowances, they will be dealt with

under rule 38 of Other Compensatory Allowance Rules contained in Part VI of

these rules. If they are recurring payments they will fall under the head “pay” under

clause (a) (iii) of this rule.

Note.- The term pay in the revised pay structure shall mean and include the pay in

the pay band plus the applicable grade pay.

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2.38. Pension means a monthly payment paid to a Government employee after

retirement, in lieu of past services rendered by him and will include gratuity unless

prescribed otherwise.

2.39. Permanent post means a post carrying a definite rate of pay sanctioned

without limit of time.

2.40. Personal pay means additional pay granted to a Government employee-

(a) to save him from a loss of substantive pay in respect of a permanent post other

than a tenure post due to a revision of pay or to any reduction of such substantive

pay otherwise than as a disciplinary measure ; or

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

Note 1.– No case will be entertained which is not of an entirely exceptional

character; and in submitting cases for the grant of personal pay, this should be

carefully born in mind.

2.41. Presumptive pay of a post, when used with reference to any particular

Government employee, means the pay to which he would be entitled if he held the

post substantively and were performing its duties; but it does not include special

pay unless the Government employee performs or discharges the work or

responsibility in consideration of which the special pay was sanctioned.

Note 1.- The first part of the definition is intended to facilitate the use of the term in

relation to a Government employee who has been absent from a post for some

time but still retains a lien on it.

2.42. Probationer means a Government employee employed on probation in or

against a vacancy in the cadre of a department. This term does not, however,

cover a Government employee who holds substantively a permanent post in a

cadre and is merely appointed “on probation” to another post.

Note 1.- The status of a probationer is to be considered as having the attributes of

a substantive status except where the rules prescribe otherwise.

Note 2.- No person appointed substantively to a permanent post in a cadre is a

probationer unless definite conditions of probation have been attached to his

appointment, such as the condition that he must remain on probation pending the

passing of certain examinations.

Note 3.- The provisions of this rule and note 2 above are to be taken as

complementary and not as mutually exclusive. Taken together, they contain the

essence of the tests for determining when a Government employee should be

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regarded as a probationer, or as merely; ‘on probation’ irrespective of whether he

is already a permanent Government employee or is merely a Government

employee without a lien on any permanent post. While a probationer is one

appointed in or against a post substantively vacant with definite conditions of

probation, a person on probation is one appointed to a post (not necessarily vacant

substantively) for determining his fitness for eventual substantive appointment to

that post. There is nothing in this rule to prevent a Government employee

substantive in one cadre from being appointed (either through selection by a

departmental committee or as a result of competitive examination through Haryana

Public Service Commission) as a ‘probationer’ in or against a post borne on

another cadre, when definite conditions of probation such as the passing of

departmental examinations are prescribed, In such a case the Government

employee should be treated as a probationer, and (subject to specific rules, if any

to the contrary) allowed only, as initial and subsequent pay the rates of pay

prescribed for the probationary period, irrespective of whether these rates are

actually included in or shown separately from the time-scales of the services

concerned. The case of departmental candidates of the same department

promoted by selection is however different, If the departments of the Government

of Haryana concerned consider it expedient, these promoted employee may

properly be put ‘on probation’ for a period to see if they make good on the actual

work of the post to which they are promoted and liens have retained for them on

their former posts mean while to provider for their possible reversion; whatever the

department arrangements be to test their capacity etc. during the ‘on probation’

period their initial pay should be fixed under the operation of the normal rules

regulating pay fixation.

2.43. Public conveyance means a train, streamer, aircraft, public transport bus, or

other conveyance which plies regularly, though not necessarily at fixed intervals, a

regular course for the conveyance of passengers and does not deviate there from

according to the wishes of passengers. Cabs and cars are not regarded as public

conveyances

2.44. Special pay means the pay granted:-

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

(b) the specific addition to the work or responsibility. Non-practicing allowance

granted to doctors in lieu of private practice shall be treated as a special allowance.

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Explanation. -The circumstances which justify the grant to a Government employee

of special pay are entirely different in character from those which justify the grant of

a compensatory allowance a difference emphasized in the definition of those terms

embodied in rules 2.9 and 2.44. These definitions should be strictly considered and

an exact compliance required with the conditions stated in them as antecedent to

the grant of either special pay and compensatory allowance. It is not the intention

of the rule either that where the cost of living would justify the grant to a

Government employee of a compensatory allowance, he should be rendered

ineligible for such allowance, because he has already been granted special pay in

recognition of the duties and responsibilities of his post, or that if the attachment of

special pay to a post is justified under the terms of the rules it should be subject to

reduction because for reasons essentially different, a compensatory allowance as

defined in rule 2.9 is subsequently granted .

Note 1.- The reasons for the grant of special pay and compensatory allowance

should be recorded in the sanctioning orders so that their classification may be

duly watched in audit.

2.45. “Sphere of Duty” of a Government employee is the local area outside of

which he cannot travel without the special orders of competent authority. The

sphere of duty of Administrative Secretaries is Haryana and Delhi, of Heads of

Departments other than Commissioners is Haryana, of Commissioner his

respective Division; of Secretariat Staff and Staff working in the office of Head of

Departments, Haryana and Delhi: provided that in their cases this power shall not

be exercised by Officers below the rank of Deputy Secretary concerned, Head of

Department concerned respectively, and of other Government employees as may

be ordered by the competent authority.

2.46. Subsistence grant means a monthly grant made to a Government employee

who is not in receipt of pay or leave salary.

2.47. Substantive pay means the pay under rule 2.37 (a)(i), to which a

Government employee is entitled on account of a post to which he has been

appointed substantively or by reason of his substantive position in a cadre.

Note 1.- Substantive pay includes the pay drawn by a probationer in a post to

which he has been appointed on probation.

Note 2. - Substantive pay does not include overseas pay.

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2.48. Temporary post means a post carrying a definite rate of pay sanctioned for

a limited time. Such a post can either be held substantively or in an officiating

capacity.

2.49. Tenure post means a permanent post, which an individual Government

employee may not hold for more than a limited period.

2.50. (a) Time–scale pay means pay which, subject to any conditions

prescribed in these rules, rises by periodical increments from a minimum to a

maximum.

(b) Time-scale are said to be identical if the minimum, the maximum, the period of

increment and the rate of increment of the time-scales are identical .

(c) A post is said to be on the same time scale as another post on a time-scale if

the two time scales are identical and the posts fall within a cadre, or a class in a

cadre, such cadre or class having been created in order to fill all posts involving

duties of approximately the same character or degree of responsibility in a service

or establishment or group of establishments; so that the pay of the holder of any

particular post is determined by his position in the cadre or class, and not by the

fact that he holds that post.

2.51. Transfer means the shifting of a Government employee from one

establishment to another establishment at the same station or another station to

take up the duties of a new post.

2.52. Travelling allowance means an allowance granted to a Government

employee to cover the expenses which he incurs in travelling in the interests of the

public service. It includes allowances granted for the maintenance of conveyance.

20

CHAPTER III- General Conditions of Service

Conditions Regarding Health and Age

(I) Medical Certificate of fitness on first entry into Government service

3.1. Except as provided in rules 3.2 and 3.3, no person may be appointed to a

post in Government Service without a medical certificate of health. A declaration

duly filled in by the candidate concerned shall be obtained from the candidates at

the time of medical examination which is to be signed in the presence of Medical

Officer in Part- I of Annexure given at the end of this chapter. The Medical

Officer/Board shall medically examine the candidate and issue the certificate of

medical fitness or otherwise in Part-II of the Annexure.

Exception1.- The Administrative Departments may authorize the drawal of pay and

allowances for a period not exceeding two months in respect of fresh recruits to

Government service without a medical certificate of health, subject to the condition

that if the person concerned is subsequently found medically unfit his services

should be terminated after the expiry of the period of one month from the date of

communication to him of the findings of the Medical Officer/Board. If no appeal for

second medical examination is made by him during this period or after the case for

second medical examination is finally decided, if such an appeal is made and

accepted. This condition should be clearly stated in the initial letter of appointment.

The Administrative Department shall, however, exercise this power sparingly and

in exceptional circumstances only, e.g., when it is considered necessary in the

public interest that a selected person should be appointed immediately in

anticipation of his medical examination.

Exception 2.— The Administrative Department may authorize the drawal of pay

and allowances without production of fitness certificate in respect of Government

employees, other than those covered by clauses (a) and (b) of Note (2) (iv) below

rule 3.3, who are promoted to hold gazetted posts and who are required to undergo

medical examination by the appropriate medical authority, for a period not

exceeding two months subject to the conditions that if the person concerned is

subsequently found medically unfit, he should be reverted to the lower post from

which he had been promoted, after the expiry of one month from the date of

communication to him of finding of the examining medical authority if no appeal for

a second medical examination is made by him during this period or after the case

for second medical examination is finally decided if such an appeal is made and

21

accepted .This condition should clearly be stated in the relevant orders of

promotion to the Gazetted post.

Note 1.- In the case of literate persons who can sign in Hindi/English or any other

language, it will be sufficient if the examining Medical Officer or Board obtains on

the Medical Certificate only the signature of the candidate in his or its presence

which should be verified by the Head of Office by comparison with that in the

Service Book.

Note 2.- A Certificate to the effect that the medical certificate in the prescribed form

has been obtained in respect of the Government employee should be recorded on

the first pay bill. Where the competent authority under “exception” to this rule

authorizes the drawl of the pay and allowances of a newly appointed Government

employee for a period not exceeding two months without a medical certificate of

health, a certificate of this effect should be furnished in the first pay bill.

Note 3.- The following fees shall be charged for medical examination of candidates

selected for fresh appointment to posts under the Government: -

(a) Rs. 200/- in case of appointment to gazetted posts .

(b) Rs. 100/- and Rs. 10/- in case of appointment to Group C and Group D posts

respectively:

Provided that in the case of candidates belonging to Scheduled Caste or

Scheduled Tribes appointed to Group C and D posts, a fee of Rs. 50/- and Rs. 5/-

shall be charged respectively:

Provided further that ex-servicemen/families of deceased/serving soldiers shall

be exempted from payment of fees for medical examination for first entry into State

Government Service and for commutation of portion of pensions.

The fee on account of the above charges shall be credited into Government

Treasury fully.

Note 5.– (i) The fee for first/second appeal against Medical Examination of

candidates who have been declared unfit by the Medical Officer/Board shall be

charged @ Rs. 1000/- for gazetted officers and Rs. 500/- for non-gazetted

aspirants.

(ii) The fee for the second appeal in case of rejection on account of visual acuity

which is permissible in doubtful cases will be the same as the fee in case of first

appeal.

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(iii) The successful appellant may be refunded the fee of appeal and also be paid

travelling allowance by his department for his attendance before the Board on the

analogy of the practice in case of appeal against invalidment. The travelling

allowance should be granted equal to actual railway fare (of class of

accommodation to which they are entitled) without any allowance for incidental

expenses and daily allowance for journey to be undertaken to appear before the

Medical Board which is constituted to have another opinion about fitness.

3.2. Except where the competent authority by general or special order directs

otherwise, the following classes of Government employees are exempted from

producing a Medical Certificate of health:-

(1) A Government employee appointed in a temporary vacancy for a period not

exceeding six months.

(2) A temporary Government employee who has already been medically examined

in one office if transferred to another office without a break in his service. The

person concerned should, however, obtain a certificate from the Head of office

from which he is transferred to the effect that he had already produced the

requisite medical certificate of health.

(3) A retired Government employee re-employed immediately after retirement.

(4) A person re-employed after resignation shall be exempted from producing a

Medical certificate of fitness, if the resignation was for taking up another

appointment under Government or quasi-Government body for which he applied

with the approval of and through the appropriate departmental authority:

Provided that he was medically examined by the competent medical authority

and declared fit according to the medical standards not lower than those required

in his new post.

3.3. (1) The Medical Certificate of health shall be signed by a Medical Board

in the case of a candidate appointed to a Gazetted post, and by a Civil

Surgeon/Senior Medical Officer/Medical Officer in the case of a candidate

appointed to a non-Gazetted post. The standard for conducting medical

examination of the candidates shall be adopted by the medical authorities as laid

down for various posts/categories in different departments.

(2) (a) In the case of a female candidate appointed to a gazetted post, the medical

examination shall be conducted by a Medical Board consisting of a female doctor.

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(b) in the case of female candidate appointed to a non-gazetted post, the medical

examination shall be conducted by a female doctor only.

(3) A candidate who is likely to be employed in a temporary capacity continuously

for a period exceeding six months shall produce either before or within a week from

the date of employment, the certificate from the competent medical authority as

prescribed in this rule. When, however, a Government employee initially employed

in an office in a temporary capacity for a period not exceeding six months is

subsequently retained in that office or is transferred without a break to another

office and the total period of continuous service under Government is expected to

last for a period exceeding six months, he shall produce such a certificate within a

week from the date of orders sanctioning his retention in that office or joining the

new office.

Note 1.- (i) A person who is appointed to the Government service afresh after a

break in service not exceeding one year should be treated as in continuous service

for the purpose of these provisions, the period of break not being counted. If

however the period of break exceeds one year, he should be regarded as a fresh

entrant to Government Service.

(ii) A person who is in continuous service but in different posts should be deemed

for the purpose of these provisions to have been in continuous service in the same

post.

Note 2.- (i) A permanent Government employee holding a gazetted post under the

Haryana Government when appointed to another gazetted post under the State

Government need not be subjected to a fresh medical examination by a Medical

Board;

(ii) A permanent Government employee holding a gazetted post in Centre or under

any other State Government when appointed to a gazetted post under the State

Government need not be subjected to a fresh medical examination by a Medical

Board;

(iii) A permanent Government employee holding a Non-gazetted post in the Centre

or under any other State Government when appointed to a gazetted post under the

Haryana Government will be required to undergo a fresh medical examination by a

Medical Board, but when appointed to a non-gazetted post, no medical

examination will be necessary; and

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(iv) In cases where the rules for recruitment to new appointments prescribe a fresh

medical examination in respect of all candidates, all directly recruited/selected

candidate irrespective of the fact whether they are already in permanent or quasi –

permanent Government service in the same or in other departments or are fresh

appointees, should undergo a medical examination by the prescribed standard and

by the prescribed medical authority; provided that a fresh medical examination will

not be necessary in the case of-

(a) a person who is already in permanent or temporary employ of the Government

and has already undergone a medical examination by a standard and by a medical

authority which are recognized by the appointing authority as equivalent to those

prescribed for the new appointment for which he is recruited or selected; and

(b) A person who is already in permanent or temporary employ of the Government

in the same line and being eligible for promotion to the new appointment against a

promotion quota of vacancies, is actually so promoted and has already been

medically examined and declared fit for Government service.

Note 3.- A newly appointed candidate posted at Delhi is permitted to produce

certificates of health and age signed by the Medical Officer/Board, Delhi, as the

case may be.

Note 4.- A candidate recruited to the H.C.S. (Executive Branch) from Register A-1

(Tehsildars and Naib-Tehsildars) and Register A-II (Ministerial Government

Employees) should not be required to undergo medical examination if he was

medically examined and declared fit on appointment to Government service.

3.4. When a Government employee in whom a defect has been noticed by the

examining surgeon, but the defect is not considered to be a disqualification for

employment in the particular office or department in which he is serving is

subsequently transferred to another office or department the duties of which are of

a different character, the transfer shall not be regarded as permanent until the

Medical Officer/Board referred to in rule 3.3 has, at the written request of the Head

of the new office or department, certifies either that the defect previously noticed

has disappeared or that it does not constitute a disqualification for the new duties

entrusted to the Government employee.

3.5. The appointing authority shall have power to require a Government

employee to appear before a Medical Board to test his physical fitness for the

efficient discharge of the duties of his post, whenever, it has reason to believe that

25

the Government employee is not physically fit to carry out his duties satisfactorily.

The Government employee concerned shall, however, have a right of appeal to an

appellate Medical Board, against the decision of the first Medical Board.

(ii) Age of entry into Government Service

3.6. (a) No person whose age is either below 18 (eighteen) years or

exceeding 40 (forty) years may ordinarily be admitted into service under the

Government unless it is provided otherwise in any service rules.

(b) The age limit of 40 (forty) years shall be extended by five years in the case of

Scheduled Castes/Scheduled Tribes and Backward Classes.

Note 1.– The restriction as to age will not apply in the case of recruitment of ex-

soldiers, military pensioners and reservists to Group-D posts.

Note 2.– The age limit prescribed for appointment to any service or post shall be

relaxed in favour of ex-serviceman who has rendered military service to the extent

of his military service added by three years provided he had rendered continuous

military service for a period of not less than six months before his release and he

had been released otherwise than by way of dismissal or discharge on account of

misconduct or inefficiency.

3.7. The Government may, in case of any class or category of persons, waive

the restriction of age limit specified in rule 3.6, if in its opinion, it is justified in view

of the special circumstances:

Provided that in the case of persons to be recruited as Group-D employees in the

Haryana Raj Bhavan, the competent authority to waive the said restriction shall be

the Secretary to Governor:

Provided further that in the case of persons to be recruited as Group-C and Group-

D employees in the Secretariat of the Haryana Legislative Assembly, the

competent authority to waive the said restriction shall be the speaker, Haryana

Legislative Assembly.

(iii) Vaccination and re-vaccination

3.8. Every Government employee shall get himself vaccinated and re-vaccinated

at any time when so directed by the Government by general or special order.

(iv) Whole Time of a Government Employee at the Disposal of Government

3.9. Unless in any case it be otherwise distinctly provided, the whole time of a

Government employee is at the disposal of the Government which pays him and

he may be employed in any manner required by proper authority, without claim or

26

additional remuneration whether the services required of him are such as would

ordinarily be remunerated from Union or State revenues, or from the revenues of a

local fund.

Note.- Government employee shall be required to maintain his Headquarters at the

place of posting and shall not leave the Headquarters without the prior approval of

the officer-in-charge.

3.10. (i) Without prejudice to the provisions of any rule, a period of willful absence

or an unauthorized absence on strike, shall be deemed to cause an interruption or

break in service of the employee, unless, otherwise decided by the competent

authority.

Explanation .– For the purposes of this rule, “strike” includes a general, token,

pen- down or any other kind of strike and also includes participation in a bundh

leading to non performance or absence from work.

(v) Substantive Appointment and Lien

3.11. (a) A Government employee on completion of probation period shall be

confirmed in service in the entry grade pay by issuance of a specific orders:

Provided that where appointments are made against posts/establishments,

which are created for a definite and purely temporary periods, the employees

appointed against such posts shall continue as temporary employee.

Note 1.- Service in the entry grade is the service in a particular department in

which a person is appointed by direct recruitment. However, where a confirmed

Government employee of one department, who applied through proper channel

and is appointed by direct recruitment in the same or another department, shall be

treated afresh in the entry grade of new post for the purpose of confirmation.

Note 2.- The service of a direct recruit from the date of his joining to the date of

successful completion of probation shall be treated as temporary service. The

service of a Government employee who has not been appointed as regular shall

also be treated as temporary service.

(b) Where recruitment rules for appointments by promotion do not prescribe any

probation, an employee promoted on regular basis after following the procedure

prescribed shall also have all the benefits that an employee confirmed in that grade

would have. Where a probationer is prescribed, the appointing authority will, on

completion of the prescribed period of probation, assess the work and conduct of

the Government employee. In case the probation is completed successfully, the

27

appointing authority will pass an order for successful completion of probation and

the Government employee shall have all the benefits that an employee confirmed

in that grade would have. If the appointing authority considers that the work of the

employee has not been satisfactory or needs to be watched for some more time,

he may either revert him to the post or grade from which he was promoted or

extend the period of probation, as the case may be.

3.12. (a) A Government employee can not remain confirmed on two posts in

one or more departments of the same Government or any other Government at the

same time.

(b) A Government employee confirmed in any department shall cease to hold any

lien on any post, if he is either appointed by direct recruitment or by transfer to a

post in another department of the same Government or under any other

Government and he opts there for confirmation after successful completion of

probation period, from the date he is confirmed on a post of other department or

post of other Government. Such option once exercised shall be final.

Note.- A confirmed Government employee of one department on regular

appointment to another department of the same Government or any other

Government on successful completion of probation period there, shall be given an

option either for confirmation on the post held by him or to revert to parent

department, within a period of one month from the date of issue of such

communication. If he fails to exercise such option within the stipulated period, he

shall be reverted to the parent department by executive orders of the department.

3.13. A Government employee who is declared confirmed on a post in any

department shall retain a lien on that post:

(a) while in the service of that department;

(b) while on foreign service;

(c) while rendering service in any other department/Government till he is not

confirmed there;

(d) While under suspension

3.14. Subject to the provisions of rule 3.15, a competent authority may transfer to

another permanent post in the same cadre, the lien of a Government employee

who is not performing the duties of a post to which the lien relates, even if that lien

has been suspended.

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3.15. (a) A Government may transfer a Government employee from one post

to another: Provided that except –

(1) on account of inefficiency or misbehaviour or

(2) on his written request, a Government employee shall not be transferred

substantively to, or, except covered under rule 4.22, appointed to officiate in a post

carrying less pay than the pay of the permanent post on which he holds a lien.

(b) Nothing contained in clause (a) above or in rule 2.29 shall operate to prevent

the re-transfer of a Government employee to the post on which he holds a lien.

Note 1.- In cases covered by clause (a) (2) above the Government employee will

have his initial pay fixed under rule 4.3 and, if necessary; under rule 4.1.

Note 2.– Permanent transfer from a higher to a lower scale in anticipation of the

abolition of a post is not transfer within the meaning of this rule.

Note 3.- In cases in which it is desired to give to a Government employee an

extension of service on the condition that he voluntarily agrees to accept a post in

a lower grade, so as not to interfere with the legitimate expectations of his juniors

to promotion; the only method is to create a temporary post. Such a step only be

permitted under most exceptional circumstances. It must be regarded as the

normal course of events that an extension of service involve delay of promotion to

juniors and no proposal for the creation of a temporary post to satisfy legitimate

expectations will be considered unless it has been submitted to the competent

authority before the extension of service is granted.

Subscription to Provident Funds

3.16. A Government employee may be required to subscribe to a provident fund,

pension fund or any other similar fund in accordance with such rules as the

competent authority may by order prescribe.

Date of Reckoning Pay and Allowances

3.17. Subject to any exceptions specifically made in these rules, a Government

employee commences or ceases to be entitled to the pay and allowances of a post

with effect from the date he assumes or relinquishes charge of the duties of that

post, if he assumes or relinquishes charge of those duties in the forenoon of that

date; but if he assumes or relinquishes charge in afternoon of that day, the

commencement or ceasing of entitlement to pay and allowance will effect from the

next day.

Charge of Office

29

3.18. Except as provided in rules 3.19, 3.20 and rule 19, 20 of the Leave Rules

contained in Part II of these rules, the charge of an office must be made over at its

headquarters; both the relieving and relieved Government employee being present.

Note 1.- Every relieving Government employee is responsible for informing the

Government employee to be relieved, at the earliest possible moment of the date

when he will be in a position to receive charge and it is the duty of the Government

employee to be relieved to be in readiness to deliver charge on that date.

Note 2 .- When more than one day is occupied in making over charge, the last date

should be entered in the Charge Report and an explanation should be submitted.

3.19. A competent authority may permit the provisions of rule 3.18 to be relaxed

either as to the place of making over charge or the condition that both Government

employees shall be present, or both: Provided -

(a) both Government employees must be present unless the transfer or

assumption of charge does not involve the handing or taking over of securities or of

moneys other than a permanent advance;

(b) if the Government employee relieved departs before the arrival of his relief, his

early departure shall not entail a correspondingly early transfer from another

station of a Government employee to perform his duties; and

(c) If the Government employee relieving arrives or returns from leave after the

departure of the Government employee relieved, the delay in his arrival or returns

shall not involve in a corresponding delay in the transfer to another station of the

Government employee who was performing his duties during his absence or in the

discharge from Government service of a person temporarily appointed to it.

Explanation – In deciding whether the absence of a Government employee

involves the transfer of a Government employee from another station for the

purpose of the provisions (b) and (c) of this rule, account should be taken only of

the substitute who takes the place of the absent Government employee, not of all

Government employees, in the chain of arrangements arising from one

Government employee’s absence on leave.

Note 1.– For rules regarding the prefixing and affixing of holidays and vacation to

joining time and leave see rule 20 of Leave Rules contained in Part II of these rules

.

30

Note 2.- In cases involving transfer and charge of an office elsewhere than its

headquarters, the exact nature of the reasons should be expressed on the face of

the orders.

3.20. On condition that the departing Government employee remains responsible

for the moneys in his charge, a competent authority may declare that proviso (a)

under rule 3.19 is not applicable to any particular case.

Note .– The handing over of a permanent advance is not a transfer of money, but

the Government employee going on leave continues, to be responsible for the

money till the formal assumption of charge by his successor.

Continuous Absence from Duty

3.21. Unless the competent authority in view of the exceptional circumstances of

the case otherwise determines, no Government employee shall be granted leave of

any kind for a continuous period exceeding five years.

Compulsory Retirement

3.22. (a) Except as otherwise provided in other clauses of this rule, every

Government employee shall retire from service on the afternoon of the last day of

the month in which he attains the age of fifty-eight years. He must not be retained

in service after the age of compulsory retirement, except in exceptional

circumstances with the sanction of the competent authority in public interest, which

must be recorded in writing:

Provided that the age of compulsory retirement for the blind employees, physically

handicap employees having minimum degree of disability of 70%, employees of

Group D service and members of the Judicial Services, shall be sixty years:

Provided further that a Government employee whose date of birth is the first of a

month shall retire from service on the afternoon of the last day of the preceding

month on attaining the age of fifty-eight or sixty years, as the case may be.

(b) No Engineer-in-Chief in the P.W.D. shall, without re-appointment, hold the post

for more than five years, but re-appointment to the post may be made as often and

in each case for such period not exceeding five years, as the competent authority

may decide:

Provided the term of re-appointment shall not extend beyond the date of his

superannuation.

(c) The appointing authority shall, if it is of the opinion that it is in the public interest

so to do, have the absolute right to retire any Government employee other than

31

Group D Government employee by giving him notice of not less than three months

in writing or three months pay and allowances in lieu of such notice:-

(i) if he is in Group A or Group B service or post and had entered

Government service, before attaining the age of thirty five years,

after he has attained the age of fifty years, and

(ii) (a) If he is in Group C service or post, or

(b) If he is Group A or Group B service or post and entered Government

service after attaining the age of thirty five years;

after he has attained the age of fifty five years:

Provided that in the case of a member of the Judicial Service, if he had entered

Government service before or after attaining the age of thirty five years, his case

for retention in service beyond the age of fifty-eight years, shall be considered

before he attains such age.

The Government employee would stand retired immediately on payment of three

months pay and allowances in lieu of the notice period and will not be in service

thereafter.

(d) The appointing authority shall, if it is in public interest so to do, have the

absolute right to retire any Government employee, who has completed twenty five

years of qualifying service and have not attained the age as mentioned in clause

(c) and there are cases of inefficiency, dishonesty, corruption or infamous conduct

and it is not desirable to make formal charges of impaired efficiency, by giving a

notice of not less than three months in writing or three months pay and allowances

in lieu of notice.

(e) A Government employee, other than a Group D Government employee, may

by giving a notice of not less than three months in writing to the appointing

authority, retire from service-

(i) if he is in Group A or B service or post and had entered Government

service before attaining the age of thirty-five years after he has attained the

age of fifty years; and

(ii) (a) if he is in Group C service or post; or

(b) if he is in Group A or Group B service or post and entered Government

service after attaining the age of thirty-five years;

after he has attained the age of fifty five years:

32

Provided that in the case of a member of the Judicial Service, he shall have the

option to retire at the age of fifty–eight years, which should be exercised by him in

writing before he attains the age of fifty-seven years. A member who does not

exercise such option before he attains the age of fifty-seven years, would be

deemed to have opted for continuing in service till the superannuation age of sixty

years with the liability to compulsory retirement at the age of fifty- eight years; and

Provided further that it shall be open to the appointing authority to withhold

permission to a Government employee, who seeks to retire under this clause, is

under suspension or judicial/departmental proceedings are contemplated or

pending against him.

Note 1.- In computing the notice period of three months referred to in clauses (c),

(d) and (e) the date of service of the notice and the date of its expiry shall be

excluded. Leave shall not be granted ordinarily to a Government employee during

notice period but where leave is granted in exceptional circumstances it shall have

no effect on the notice period. In case of leave granted to a Government employee

during notice period coincides with the intended date of retirement, he shall be

deemed to have retired from the day he proceeded on leave.

Note 2.- (i) A Government employee shall retire immediately on payment of pay

and allowances equal to gross salary i.e. band pay, grade pay, special pay,

personal pay, dearness allowance, handicap allowance, fixed medical allowance

and house rent allowance of three months in lieu of notice given to him under

clause (c) and (d). He shall be entitled to pension from the date of such retirement

and the pension shall not be deferred till the expiry of the period of three months

for which he is paid pay and allowances. In other words pay and allowances paid in

lieu of the notice period shall be in addition to pension for the said period.

(ii) The payment of pay and allowances in lieu of the notice period shall be made

simultaneously with the order of retirement.

(iii) Since the Government employee shall stand retired immediately on payment

of three months pay and allowances in lieu of notice period and shall not be in

service thereafter, the question of either taking into consideration the date of

increment or counting of any period subsequent to the date of such retirement for

the purpose of pension etc. does not arise.

(iv) The three months pay and allowances paid in lieu of notice are, “Salary” and

therefore, income tax shall be deducted at source.

33

Note 3.- The provision of clause (d) may be initiated against a Government

employee whose efficiency is impaired but against whom it is not desirable to

make formal charges of inefficiency or who has ceased to be fully efficient (i.e.

when a Government employee's value is clearly incommensurate with the pay

which he draws) but not to such a degree as to warrant his retirement on a

compassionate ground. It is not the intension to use the provisions of this note

as a financial weapon, that is to say, the provision should be used only in

the case of Government employees who are considered unfit for retention on

personal as opposed to financial grounds.

Note 4.- A Government employee, who has elected to retire under clause (e) and

has given the necessary notice to that effect to the appointing authority, shall be

precluded from withdrawing his notice except with the specific approval of such

authority:

Provided that the request for withdrawal shall be made before the intended

date of his retirement.

Note 5.- Where a Government employee seeking retirement under clause (e)

makes a request in writing to the appointing authority to accept notice of less than

three months giving reason therefor, the appointing authority may consider such

request for the curtailment of the period of notice of three months on merits and

if it is satisfied that the curtailment of the period of notice will not cause any

administrative inconvenience, the appointing authority may relax the requirement of

notice of three months on the condition that the Government employee shall

not apply for commutation of a part of his pension before the expiry of the period of

notice of three months.

Note 6.- The Government employee should be given a reasonable opportunity to

show cause against the proposed compulsory retirement under clause(c) and (d).

In all cases of such retirement of Gazetted/ Non-Gazetted employees, the Haryana

Public Service Commission/ Haryana Staff Selection Commission shall be

consulted.

Note 7.- Heads of Departments should report to Government in each quarter, the

action taken under clause (c), (d) and (e).

Note 8.- Authorities competent to retire Government employees should carefully

examine the record of every Government employee who has completed 25 years'

qualifying service with particular reference to his integrity or otherwise; and if it

34

is desirable in the public interest that he should be retired, action should be taken

accordingly.

Voluntary Retirement

3.23. (1) A Government employee, who has completed twenty years' qualifying

service, may, by giving notice of not less than three months in writing to the

appointing authority, retire from service. However,a Government employee may

make a request in writing to the appointing authority to accept notice of less than

three months giving reason therefor. The appointing authority may consider such

request for the curtailment of the period of notice of three months on merits and

if it is satisfied that the curtailment of the period of notice will not cause any

administrative inconvenience, the appointing authority may relax the requirement of

notice of three months on the condition that the Government employee shall not

apply for commutation of a part of his pension before the expiry of the period of

notice of three months.

(2) The notice of voluntary retirement given under sub-rule (1) shall require

acceptance by the appointing authority subject to rule 2.2 of Pension Rules

contained in Part III of these rules :

Provided that where the appointing authority does not refuse to grant the

permission for retirement before the expiry of the period specified in sub-rule (1),

the retirement shall become effective from the date of expiry of the said period:

Provided further that before a Government employee gives notice of

voluntary retirement with reference to sub-rule(1) he should satisfy himself by

means of a reference to the appropriate authority that he has, in fact, completed

twenty years service qualifying for pension.

(3) The qualifying service as on the date of intended retirement of the

Government employee seeking retirement or under clause (e) of rule 3.22 with

or without permission shall be increased by the period not exceeding 5 years

subject to the condition that the total qualifying service rendered by the

Government employee does not in any case exceed 28 years and it does not

take him beyond the date of superannuation. The weightage of five years shall not

be admissible in cases of those Government employees who are prematurely

retired by the Government in public interest under clause (c) and (d) of rule 3.22.

However benefit under clause (e) of rule 3.22 shall be admissible, even if the

35

Government employee has not rendered 20 years qualifying service at the time of

seeking retirement.

(4) A Government employee, who has tendered notice of voluntary retirement to

the appointing authority, shall be precluded from withdrawing the notice except

with the specific approval of such authority:

Provided that the request for withdrawal shall be made before the

intended date of his retirement.

(5) The pension and death-cum-retirement-gratuity shall be based on the

emoluments as defined under rule 6.14 of Pension Rules contained in Part III of

these rules. The maximum five years weightage in qualifying service shall not

be considered to any notional fixation of pay for the purposes of calculating

pension and gratuity.

(6) A Government employee, who retires from Government service for being

absorbed permanently in an autonomous body or a Public Sector Undertaking to

which he is on deputation, shall not be entitled to any benefit for seeking voluntary

retirement.

Explanation - For the purpose of this rule the expression "appointing authority"

shall mean the authority which is competent to make appointments to the service

or post from which the Government employee seeks voluntary

retirement.

36

Annexure (Referred to in Rule 3.1)

Medical Examination Report of Candidate

(Part – I) Candidate’s Statement and Declaration

The candidate must make the statement required below prior to his Medical Examination and

must sign the declaration appended thereto. His attention is specially invited to the warning

contained in the note below: -

1. State your name in full (in block letters) --------------------

2 State your age and place of birth -----------------------------

3 (a) Have you ever had intermittent fever or any other fever, enlargement or suppuration of

glands, spitting of blood, respiratory disease, heart disease, lung disease, renal failure,

cirrhosis of liver, chronic hepatitis B & C, thealassamias epilepsy, tumors and malignancy of

different organs, diabetes mellitus, AIDS, parkinson’s diseases, rheumatism, appendicitis ? --

------------------------

or

(b) any other disease or accident requiring confinement to bed and medical or surgical

treatment ?------------------------

4. when were you last vaccinated ?------------------------------

5. Have you or any of your near relations been afflicted with consumption, scrofula, gout,

asthma, fits, epilepsy, or insanity ? -------------------------------------------------

6. Have you ever suffered from any form of nervousness? ---------------------------

7. Have you been examined and declared unfit for Government service by a Medical

Officer/Medical Board, within the last three years? If so, mention results ----

-------------------------------

8. Furnish the following particulars concerning your family: -

Father’s age if living and state of health

Father’s age at death and cause of death

Number of brothers living, their ages and state of health

Number of brothers dead, their ages at death and cause of death

Mother’s age, if living and state of health

Mother’s age at death and cause of death

Number of sisters living, their ages and state of health

Number of sisters dead, their ages at death and cause of death

37

9. Please state whether you have deposited the Medical Examination Fee in the Government

Treasury under head “0210—Medical and Public Health – 04-Public Health – 105 – Receipt

from Public Health Laboratories [97] other receipts” according to the status of the post against

which you have been appointed. If so, state the amount and the Treasury challan number and

date -------------------------------------------------------------

I declare to the best of my knowledge and belief that the above statement is true and

correct.

I also solemnly affirm that I have not received a disability certificate/ pension on account of

any disease or other condition.

Candidate’s Signature ---------------------

Signed in my/our presence

Signature of Medical Officer/Board

Note:- The candidate will be held responsible for the accuracy of the above statement. By

willfully suppressing any information he will incur the risk of losing the appointment and, if

appointed, of forfeiting all claims to past service.

Part -II Medical certificate of fitness for Government Service : -

“I hereby certify that I have examined Sh./Ms.----------------------, a candidate for employment in

the ----------------Department whose signature is given below, and can not discover that he has

any disease (communicable or otherwise), constitutional weakness or bodily infirmity, except---

----------------. I do not consider this a disqualification for employment in the office of ---------------

----------. Sh./Ms - ---------age is, according to his own statement, ------------- years and by

appearance about ---------- years and has been vaccinated within the last 12 months---

or has been re-vaccinated within the last 12 months”.

“Marks of identification -------------------------------------------------- “

Impression of left hand

thumb and fingers.

Signature of applicant

Signature of Medical Officer/Board

38

CHAPTER IV - Pay General

4.1. (1) Subject to the rules contained in this chapter, a competent authority may

fix the pay of a Government employee, but his pay shall not be so increased as to

exceed the pay sanctioned for his post without the sanction of the authority

competent to create a post in the same cadre on a rate of pay equal to his pay

when increased.

Note 1.- It is not the intention of this clause that it should give an authority power

to grant less pay than or to grant pay in excess of what is permissible under rules

4.3 to 4.6. But once an initial pay is fixed under rule 4.3, rule 4.10 enables an

authority mentioned therein to grant advance increments. Thus, in fact, rules 4.3

and 4.10 read together enable a competent authority to fix initial pay in excess of

the amount permissible by rule 4.3 only.

(2) Notwithstanding the restriction referred to in or imposed by clause (1) above, a

competent authority may grant to any Government employee -

(i) personal pay as defined in clause (a) of rule 2.40, or

(ii) special pay as defined in rule 2.44, or

(iii) both personal pay and special pay.

Note 1.- (a) The following principles should be strictly observed for the grant of

personal pay as defined in rule 2.40: -

No application for the grant of compensatory personal pay should be entertained

unless: -

(i) The Government employee’s service has consistently been of exceptional

merits;

(ii) The Government employee is fit for promotion but there is no possibility of

giving him any advancement in the near future; and

(iii) the Government employee has been at least three years on the same pay or if

his pay is progressive, on the maximum pay of his post.

(b) The mere fulfillment of the conditions mentioned above should not be regarded

as securing a personal pay to a Government employee as a matter of course, the

purpose of the conditions being to enable obviously weak claims to be summarily

rejected.

4.2. In respect of any period treated as duty for the purpose(s) not covered under

rule 2.12(b), a Government employee may be granted such pay as the competent

39

authority may consider equitable but in no case exceeding the pay which the

Government employee would have drawn had he been on duty.

Note 1.- The expression ‘Pay’ occurring in this rule should be held to include

special pay in lieu of a separate higher time scale, if any, which the Government

employee drew in the post which he held substantively or in officiating capacity.

Fixation of initial pay

4.3. The initial substantive pay of a Government employee who is appointed

substantively to a post on a time-scale of pay or pay structure is regulated as

follows: -

(a) If he holds a lien on a permanent post, other than a tenure post, or would hold a

lien on such a post had his lien not been suspended -

(i) when appointment to the new post involves the assumption of duties or

responsibilities of greater importance (as interpreted for the purposes of rule 4.14)

than those attaching to such permanent post, he will draw as initial pay the stage of

the time-scale next above his substantive pay in respect of the old post;

(ii) when appointment to the new post does not involve such assumption, he will

draw as initial pay the stage of the time scale which is equal to his substantive pay

in respect of the old post, or, if there is no such stage, the stage next below that

pay plus personal pay equal to the difference; and in either case will continue to

draw that pay until such time as he would have received an increment in the time

scale of the old post or for the period after which an increment is earned in the time

scale of the new post, whichever is less. But if the minimum of the time scale of the

new post is higher than his substantive pay in respect of the old post he will draw

minimum as initial pay;

(iii) when appointment to the new post is made on his own request under rule

3.15(a)(2) and maximum pay in the time scale of that post is less than his

substantive pay in respect of the old post, he will draw that maximum as initial pay.

Note.- The expression “if he holds a lien on a permanent post” occurring in this

clause should be held to include the lien on a permanent post to which a

Government employee is appointed in a provisional substantive capacity, and the

expression “substantive pay in respect of the old post” occurring in it should be

held to include his substantive pay in respect of that provisional substantive

appointment. This clause should, therefore, be held to permit the substantive pay

in respect of a provisional substantive appointment being taken into account in

40

determining his initial pay in another post to which he is appointed. When the initial

pay of a Government employee in a post is thus fixed, it will not be affected even if

during the tenure of his appointment to that post he reverts from his provisional

appointment.

(b) If the conditions prescribed in clause (a) are not fulfilled, he will draw as initial

pay the minimum of the time-scale:

Provided both in cases covered by clause (a) and in cases, other than cases of re-

employment after resignation or removal or dismissal from the public service,

covered by clause (b) that if he either-

(1) has previously held substantively or officiated in -

(i) the same post, or

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

(iii) a permanent post other than a tenure post or a temporary post (including a post

in a body, incorporated or not, which is wholly or substantially owned or controlled

by the Government) on an identical time scale, or

(2) is appointed substantively to a tenure post on a time-scale identical with that of

another tenure post which he has previously held substantively or in which he has

previously officiated,

then the initial pay shall not except in cases of reversion to parent cadre governed

by proviso 1(iii) be less than the pay, other than special pay, personal pay or

emoluments classed as pay by the competent authority under rule 2.37(a)(iii),

which he drew on the last such occasion, and he shall count for increments the

period during which he drew that pay on such last and any previous occasions for

increment in the stage of the time-scale equivalent to that pay. If, however, the pay

last drawn by the Government employee in a temporary post has been inflated by

the grant of premature increments the pay which he would have drawn but for the

grant of these increments shall, unless otherwise ordered by the authority

competent to create the new post, be taken for the purposes of this proviso to be

the pay which he last drew in the temporary post. The service rendered in a post

referred to in proviso (1) (iii) shall, on reversion to the parent cadre, count towards

initial fixation of pay, to the extent and subject to the conditions indicated below: -

(i) The Government employee should have been approved for appointment to the

particular grade/post in which the previous service to be counted.

41

(ii) all his seniors, except those regarded as unfit for such appointment, were

serving in the post carrying the scale of pay in which benefit is to be allowed or in

higher post, whether in the department itself or elsewhere, and at least one junior

was holding a post in the Department carrying the scale of pay in which the benefit

is to be allowed; and

(iii) the service will count from the date his junior is promoted and the benefit will be

limited to the period the Government employee would have held the post in his

parent cadre had he not been appointed to the ex-cadre post.

(c) (i) Notwithstanding anything contained in these rules, where a Government

employee holding a post in a temporary or officiating capacity promoted or

appointed in a substantive, temporary or officiating capacity to another post

carrying duties and responsibilities of greater importance than those attaching to

the post held by him, his initial pay in the time scale of the higher post shall be

fixed at the stage next above his pay drawn by him in the lower post provided it is

certified by the Head of Department or Head of the office where he is appointing

authority in respect of Group C and D Government employees in which the

Government employee was holding the lower post that he would have continued to

officiate in the lower post but for his promotion/appointment to the higher post.

(ii) The provisions of sub rule (2) of rule 4.15 shall also be applicable in any case

where the initial pay is fixed under this clause. In cases, where a Government

employee is, immediately before his promotion or appointment to a higher post,

drawing pay at the maximum of the time scale of the lower post, his initial pay in

the time scale of the higher post shall be fixed in the same manner as provided in

sub-clause (i) above.

Explanation - Reversion to the ordinary cadre of service from a tenure post

included in that cadre or from a tenure of special post not included in it, does not

constitute substantive appointment to a post for the purpose of this rule.

Note 1.- When a Government employee is appointed to a higher post on the date

on which his increment in the lower substantive post falls due, his substantive pay

for the purpose of fixing his initial pay in the higher post shall be inclusive of his

increment accruing on that date.

Note 2.- A Government employee when appointed to a post substantively while

officiating in it is entitled to have his pay fixed anew under this rule with reference

to his substantive pay at the time in respect of his old permanent post.

42

Note 3.- When the next increment in the time-scale of either the new or old post

falls due, the Government employee should draw the next increment in the time-

scale of the new post, and forthwith lose the personal pay allowed under clause

(a)(ii) of this rule and all connections with the time-scale of his old post. The

personal pay is given to a Government employee only for the purpose of initial pay

and not any subsequent stage in the new time-scale in which the Government

employee might draw less pay than he would have drawn had he remained in the

old time-scale.

Note 4.- A time-scale may be recent introduction, whereas the cadre or class to

which it is attached may have been in existence on a graded scale before the time-

scale came into force or it may be that one time-scale has taken the place of

another.

Explanation - If a Government employee has held substantively or officiated in a

post prior to the introduction of new time scale and has drawn during the period

salary or pay equal to a stage in the revised time scale then the initial pay in the

new time scale may be fixed at the salary or pay last drawn and the period during

which it was drawn may be counted for increments in the same stage or if the

salary or pay drawn in the pre-revised scale was intermediate between the two

stages in the new scale than at the stage in the revised scale next above the pay

drawn in the existing scale immediately before the introduction of the revised scale

with date of next increment falling due after putting in the prescribed length of

services:

Provided that a Government employee may opt to continue to draw pay in pre-

revised scale until the date on which he earns his next increment in that scale, if it

is more beneficial to him. In the absence of any orders to the contrary in the orders

sanctioning the revision of time scale he must exercise such option within a period

of six months from the date of issue of orders sanctioning the revised scale.

Note 5. - Under rule 4.3 and 4.14, it is necessary for the purposes of fixing the

initial pay of a Government employee transferred from one post to another on a

different scale of pay in a substantive or officiating capacity, to determine the

degree of responsibility attaching to the two posts. A declaration as to the relative

degree or responsibility shall, therefore, be necessary and will be given by the

competent authority. Such declarations will, however, be necessary only in cases

43

where there is some doubt as to the relative degree of responsibilities attaching to

the new posts.

Note 6.- It is permissible to post-date the substantive promotion of a Government

employee to a higher post upto to a date when it will be to his benefit to be

promoted under the operation of this rule. This date may be selected at the option

of the Government employee concerned, which must be exercised within six

months from the date of order making the promotion and when once exercised

must be final. No compensation will be given for any consequences which may

follow from the exercise of this option. When the option has been exercised, an

entry should be made to this effect in the service book of the Government

employee concerned and attested by the Head of the Office.

These orders will apply to promotions in the same class of appointments and

not to cases where there is complete change in the nature of the appointment and

they should be confined to departments or establishments divided into grades.

For so long as the promotion is deferred as above, the place in the superior

grade will remain vacant but promotions can be made in place of the Government

employee who would have been promoted from the date, the vacancy originally

occurred as if the promotion had actually taken place on that date. All that would

happen is an excess appointment in the lower grade against a vacancy left unfilled

in the higher grade and this is permissible under rule 6.11 of the Haryana Financial

Rules, Volume I.

Note 7.- (1) Where a Government employee is in receipt of a special pay in a

post, his pay on promotion to a higher post will be fixed after taking into account

the special pay drawn in the lower post subject to the following conditions:-

(i) the special pay in the lower post should have been granted in lieu of a separate

higher time scale (e.g. special pay granted to steno-typists, clerks in-charge, etc.);

(ii) it should be certified that but for the promotion the Government employee

would have continued to draw the special pay in the lower post;

Provided that where the lower and higher promotion posts carry special pay in

lieu of a separate higher time scale, the special pay drawn in the lower post shall

not be taken into account while fixing pay on promotion to a higher post.

(2) The following type of special pay will not be taken into account for fixation of

pay in the higher posts: -

(i) Special pay drawn in a tenure post;

44

(ii) Special pay granted for service in particular localities on account of remoteness,

un-healthiness, severity of climate, etc.;

(iii) Deputation (Duty) Allowance or special pay drawn in lieu thereof.

(iv) special pay in consideration of arduous natures of duties.

Note 8.- In the case of a person who proceeds from a lower cadre post to a higher

ex-cadre post, the benefit of the pay drawn in the ex-cadre post will not be allowed

for the purpose of fixation of pay on promotion/reversion to a higher cadre post. On

reversion from the ex-cadre post, the pay of the official will be fixed under rule

4.3(c) with reference to the pay admissible in the lower cadre post.

4.4. The initial substantive pay of a Government employee who is appointed

substantively to a post on a time scale of pay which has been reduced for reasons

other than a diminution in the duties or responsibilities attached to posts thereon

and who is not entitled to draw pay on the time-scale as it stood prior to reduction,

is regulated by rule 4.3: Provided in cases, other than cases of re-employment

after resignation or removal or dismissal from the public service, covered by clause

(a) or clause (b) of that rule if he either -

(1) has previously held substantively or officiated in -

(i) The same post prior to reduction of its time-scale, or

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

scale of the post, or

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

of pay identical with the unreduced time-scale of the post, such temporary post

being on the same time-scale as a permanent post, or

(2) is appointed substantively to a tenure post, the time-scale of which has been

reduced without a diminution in the duties or responsibilities attached to it, and has

previously held substantively or officiated in another tenure post on a time scale

identical with the unreduced time scale of the tenure post,

then the initial pay shall not be less than the pay, other than special pay, personal

pay or emoluments classed as pay by the competent authority under rule

2.37(a)(iii), which he would have drawn under rule 4.3 on the last such occasion, if

the reduced time scale of pay had been in force from the beginning and he shall

count for increments the period during which he would have drawn that pay on

such last and any previous occasions : Provided that service rendered on pay at a

45

stage in a time scale which is less than the minimum of the revised scale shall not

count for increment in that scale.

Note 1.- A Government employee held up at an efficiency bar in the old scale will

not be entitled to initial pay in the reduced scale at a stage higher than the

corresponding efficiency bar in the reduced scale. When there is only one

efficiency bar in the old scale and more than one in the new scale, he will be held

up at the first bar unless he is declared fit to cross it by the competent authority.

4.5. (1) Notwithstanding anything contained in these rules, the following

provisions shall govern the pay of a Government employee who is appointed as a

probationer in another service or cadre, and subsequently confirmed in that

Service or cadre -

(a) during the period of probation he shall draw pay at the minimum of the time

scale or at the probationary stages of the time scale of the service or post, as the

case may be;

Provided that if the presumptive pay of the permanent post, other than a tenure

post, on which he holds a lien or would hold a lien had his lien not been

suspended, should at any time be greater than the pay fixed under this clause, he

shall draw the presumptive pay of the permanent post;

(b) on confirmation in the service or post after the expiry of the period of probation,

the pay of the Government employee shall be fixed in the time scale of the service

or post in accordance with the provisions of Rule 4.3.

(2) The provisions contained in sub-rule (1) shall apply mutatis-mutandis to cases

of Government employees appointed on probation with definite conditions against

temporary posts in an another service or cadre where recruitment to permanent

posts of such service or cadre is made as probationers, except that in such cases

the fixation of pay in the manner indicated. In clause (b) of sub-rule (I) shall be

done under Rule 4.15 of these Rules immediately on the expiry of the period of

probation and on regular officiating appointment to a post, either permanent or

temporary, in the Service or cadre.

(3) Notwithstanding anything contained in these rules, a Government employee

appointed as an apprentice in another Service or cadre shall draw -

(a) during the period of apprenticeship, the stipend or pay prescribed for such

period provided that if the presumptive pay of the permanent post, other than a

tenure post, on which he holds a lien or would hold a lien had his lien not been

46

suspended, should at any time be grater than the stipend or pay fixed under this

clause, he shall draw the presumptive pay of the permanent post;

(b) on satisfactory completion of the apprenticeship and regular appointment to a

post in the Service or cadre, the pay as fixed in the time scale of the Service or

post under Rule 4.3 or 4.15 as the case may be, of these Rules.

4.6. The holder of a post the pay of which is changed shall be treated as if he was

transferred to a new post on the new pay; subject to such restrictions as the

competent authority may in each case lay down.

Note 1. - This rule applies to an officiating as well as to a substantive holder of a

post.

Note 2 .- If the maximum pay of a post is altered with no change in the rate of

increment and the minimum, the initial pay of the holder of that post should be fixed

under rule 4.3 (a) (ii) and not under rule 4.3 (a) (i) even though he may be holding

the post substantively. See also note 4 below.

Note 3.- For the purpose of rules 4.3 and 4.6 a temporary post on a certain rate of

pay (fixed or time-scale), which is converted into a permanent post on same or a

different rate of pay is not the “same post” as the permanent post even though the

duties remain the same. In other words, in view of rule 2.59, the temporary post is

to be regarded as having ceased to exist and to have been replaced by the

permanent post. The incumbent of the temporary post is, thus, entitled only to the

pay of the permanent post if it is on a fixed rate of pay or to the minimum pay of the

time-scale of the permanent post if it is on a time-scale unless his case is covered

by the concession admissible under proviso (1)(ii) and (1)(iii) to rule 4.3.

Consequently, service in a temporary post created on a certain scale of pay when

converted into a permanent post on a different scale of pay, will not count for

increment in the latter scale.

Note 4.- The orders in note 3 above do not refer to cases of transfer from one

temporary post to another such post or from a temporary post to a permanent post.

Nor do they debar service in a temporary post, created as an addition to a cadre,

and on the same time-scale, from counting towards increments in a permanent

post in that cadre even after such a temporary post has been abolished.

Increments

4.7. An increment shall be drawn ordinarily in a scale/ pay structure as a matter of

course unless it is withheld. An increment may be withheld from a Government

47

employee by a competent authority if his work and conduct has not been good. In

ordering the withholding of an increment, the withholding authority shall state the

period for which it is withheld, and whether the postponement shall have the effect

of postponing future increments.

Note 1.- An increment from 01.01.2006 shall be admissible at the rate of 3%

(percent) of pay in pay band plus grade pay in the revised pay structure and shall

be drawn on 1st of July of every year: provided the employee should have rendered

a minimum six months qualifying service in a particular grade pay.

Note 2.- The increment of an employee on leave on the 1st of the month shall be

actually drawn from the date of resuming duty on return from leave.

Note 3.- If an employee has officiated in a pay scale for short periods at different

times at the same stage of pay, he shall be granted increments from the 1st of

month in which it falls due after counting the broken periods equal to one year,

provided the employee has also been holding the post from the first of that month

to the date on which increment falls due. In case he is not holding the post on the

first of the month, the increment shall be granted from the date it falls due.

Note 4.- Where a normal increment is withheld for specific period and the period of

such penalty expires after the 1st of the month, increment shall be granted/restored

from the date of penalty ceases.

Note 5.- Advance/enhanced increments which are allowed as a result of passing of

certain examination, will be governed by the relevant rules and orders issued from

time to time.

Note 6.- The Head of office shall be competent authority for sanction of annual

increment in normal course for the Government employees working under him.

The increment for Head of office himself shall be sanctioned by the next

designated higher authority.

Note 7.- The punishing authority when imposes penalties of stoppage of

increment(s) one after the other in separate cases on the Government employee,

the effect of the first punishment order of stoppage of increment will continue for

the period specified in the punishment order. Thereafter the pay of the Government

employee will be raised (if the penalty is without cumulative effect) by giving him

increments which, but for the imposition of the penalty, would have been

admissible to him and only then the second order of stoppage of increment will be

48

made effective which will continue for the period specified in the second

punishment order for stoppage of increment and so on.

Note 8.- In case, where a Government employee is drawing his pay in the revised

pay structure on or after 01.01.2006 and has reached at the maximum of his pay

band, he shall be placed in the higher pay band after one year of reaching such a

maximum. The employee shall be allowed a benefit of one increment on placement

in the higher pay band. He will continue to move in the higher pay band till his pay

in the pay band reaches the maximum of PB-4, after which no further increment

will be granted. However, the employee shall continue to draw the grade pay of the

pay structure in which he has reached to the maximum.

4.8. Where an efficiency bar is prescribed in a time-scale the increment next above

the bar shall not be given to a Government employee without the specific sanction

of the authority empowered to withhold increments under rule 4.7 or the relevant

disciplinary rules applicable to the Government employee or of any other authority

whom the Governor may, by general or special order, authorize in this behalf.

Note 1.- When a Government employee is allowed to pass an efficiency bar which

had previously been enforced against him, he should come on to the time-scale as

such stage as the authority competent to declare the bar removed may fix for him

subject to the pay admissible according to his length of service.

Note 2.- The application of the efficiency bar in the junior time scale should not

affect a Government employee pay in the senior time-scale; he should be paid in

the latter scale according to his length of service, unless his pay in such scale is

itself effected by the operation of an efficiency bar or by a disciplinary order passed

against him.

Note 3.- The case of Government employee held up at the efficiency bar should be

reviewed annually with a view to determine whether the quality of their work has

improved and generally whether the defects for which they were stopped at the bar

have been remedied to an extent sufficient to warrant the removing of the bar.

Note 4.- The guiding factors for cases of efficiency bar are efficiency and honesty

taken together. A Government employee not having 50% good annual confidential

reports and or integrity is doubtful shall not be allowed to cross the efficiency bar till

he has earned 50% good annual confidential reports and or ten years have

elapsed in case of doubtful integrity.

49

4.9. The following provisions prescribed the conditions on which service counts for

increment in a time-scale -

(a) All duty in a post on a time-scale counts for increment in that time-scale:

Provided that, for the purpose of arriving at the date of the next increment in

that time-scale, the total of all such periods as do not count for increment in that

time-scale shall be added to the normal date of increment.

Note 1.– A period of overstayal of leave does not count towards increments in a

time scale/pay structure unless under rule 26(2) of Leave Rules contained in Part

II of these rules. It is converted into extraordinary leave and under the proviso to

clause (a) below the extraordinary leave is specially allowed to count for

increments.

Note 2.- If a probationer is confirmed at the end of a period of probation exceeding

twelve months, he is entitled to claim retrospectively the increments, which but for

his probation he would have received in the ordinary course. This provision is

applicable only to cases where the normal probationary period itself is more than

twelve months and not to the type of cases where the normal probationary period

of a probationer is extended on account of his failure to pass the departmental

examination within the time limit prescribed for the purpose. In other words, in

cases where the normal probationary period is itself more than twelve months on

confirmation the officer may be given the increments which he would have drawn

but for his probation and arrears in this regard may also be allowed to the officer.

On the other hand, in cases where the period of probation is extended on account

of failure to pass the departmental examination, while there is no objection to the

pay and increments being regulated on confirmation at the end of the extended

probationary period on the basis of what the officer would have drawn but for his

probation, no arrears on this account should be allowed to him for the period prior

to the date of confirmation. This would mean that the increment of the officers is

withheld without cumulative effect for failure to pass the departmental examination

and cannot be considered as a penalty within the meaning of rule 5 of Punishment

& Appeal Rules, 2012 contained in Part VIII of these rules.

(b) (i) Service in another post other than a post carrying less pay referred to in

clause (a) of rule 3.15, whether in a substantive, or officiating capacity, service on

deputation out of India and leave except extraordinary leave taken otherwise than

on medical certificate count for increments in the time scale applicable to the post

50

on which the Government employee holds a lien, as well as in the time scale

applicable to the post or posts, if any, on which he would hold a lien had his lien

not been suspended.

(ii) All leave except extraordinary leave taken otherwise than on medical certificate

and the period of deputation out of India shall count for increment in the time scale

applicable to a post in which a Government employee was officiating at the time he

proceeded on leave or deputation out of India and would have continued to

officiate but for his proceeding on leave or deputation out of India;

Provided that the competent authority may in any case in which it is satisfied that

the extraordinary leave was taken for any cause beyond the Government

employee’s control or for prosecuting higher scientific and technical studies, direct

that extraordinary leave shall be counted for increments under clause (i) or (ii).

Note 1.- A clear entry shall be made in the service book whether to count or not

the period of extraordinary leave for increment.

Note 2.- In the case of a Government employee proceeding on leave, where no

officiating arrangement is made in the leave vacancy and the Government

employee is likely to return to the same post after leave, the certificate that he

would have actually continued to officiate in the post, but for his proceeding on

leave shall be issued by the leave sanctioning authority at the time of grant of

leave.

Exception – The above certificate in respect of all the employees of the Haryana

Vidhan Sabha should be issued by its Secretary concerned and in respect of the

Secretary the certificate should be issued by the Speaker of the Haryana Vidhan

Sabha.

Note 3.– In the case of temporary/officiating Government employees a certificate

that Government employee concerned would have continued to officiate in that

post but for his proceeding on extraordinary leave is necessary and the period of

extraordinary leave would count for increment only to the extent covered by the

certificate.

Note 4.– Quasi-permanent Government employees will be treated in the same way

as permanent Government employees in respect of the specified posts in which

they have been declared quasi permanent but in respect of other posts in which

they may be officiating, the certificate of continued officiation as envisaged in

51

Clause (b)(ii) would be necessary as in the case of the temporary Government

employees.

(c) (i) If a Government employee, while officiating in a post or holding a temporary

post on a time scale pay, is appointed to officiate in a higher post or to hold a

higher temporary post, his officiating or temporary service in the higher post, shall,

if he is re-appointed to the lower post or is appointed or re-appointed to a post on

the same time-scale of pay count for increments in the time-scale applicable to

such lower post. The period of officiating service in the higher post which counts for

increment in the lower is, however, restricted to the period during which the

Government employee would have officiated in the lower post but for his

appointment to the higher post.

This clause applies also to a Government employee who is not actually

officiating in the lower post, at the time of his appointment to the higher post, but

who would have so officiated in such lower post or in a post on the same scale of

pay had he not been appointed to the higher post.

(ii) If a Government employee on reversion from an ex-cadre post to the parent

cadre is appointed to a post on a scale lower than that of the ex-cadre post but not

on the same time scale as the post held at the time of his transfer to the ex-cadre

post, the service rendered on the higher scale in the ex-cadre post shall count for

increments in the time-scale applicable to the cadre post subject to the same

conditions as are laid down for cases falling under proviso (1)(iii) to Rule 4.3(b):

Note 1.– The intention of this rule is to allow the concession, irrespective of

whether the higher post is within or outside the department to which the

Government employee belongs.

Note 2.- For the purpose of this clause, the officiating and temporary service in the

higher post will also include the period of leave except extraordinary leave taken

otherwise than on medical certificate] provided it is certified by the appointing

authority that Government employee concerned would have actually officiated in

the lower post but for proceeding on leave from the higher post.

Note 3.– These benefits shall also be extended to State Government employees

officiating in higher posts or holding higher temporary posts under the Central

Government.

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

52

(i) the post in Government service on which the Government .employee concerned

holds a lien as well as the post or posts, if any, on which he would hold a lien had

his lien not been suspended, and

(ii) any post in the parent cadre on a lower scale of pay to which the Government

employee is appointed on reversion from the ex-cadre post subject to the fulfillment

of the conditions mentioned in proviso (1)(iii) to Rule 4.3(b). ,

(iii) the post in Government service in which the Government employee was

officiating immediately before his transfer to foreign service, for so long as he

would have continued to officiate in that post or a post on the same scale/pay

structure but for his going on foreign service.

(e) Joining time counts for increment.-

(i) If it is under clause (a) of Rule 7.1, in the scale/pay structure applicable to the

post on which a Government employee holds a lien or would hold a lien, had his

lien not been suspended as well as in the scale/pay structure applicable to the

post, the pay of which is received by a Government employee during the period;

and

(ii) If it is under clause (b) of Rule 7.1, in the scale/pay structure applicable to the

post/posts in which the last day of leave before the commencement of the joining

time counts for increment.

4.10. An authority may grant a premature increment to a Government

employee in a pay scale/pay structure, if it has power to create a post in the same

cadre on the same scale/pay structure.

Note 1.- A proposal to grant an increment in advance of the due date should

always be scrutinized with special care as it is contrary to the principle of a

scale/pay structure to grant an increment before it is due. Such a grant should not

be made or advised except in very rare circumstances which would justify a

personal pay to a Government employee whose pay is fixed.

Note 2.- In the case of increments granted in advance, it is usually the intention

that the Government employees should be entitled to increments in the same

manner as if he had reached his position in the scale in the ordinary course and in

the absence of special orders to the contrary he should be placed on exactly the

same footing, as regards future increments, as a Government employee who has

so risen.

53

Transfer from a Higher to a Lower Grade or from a Higher Stage to a Lower Stage

4.11. The authority which orders the transfer of a Government employee as a

penalty from a higher to a lower grade/pay band or post may allow him to draw any

pay, not exceeding the maximum of the lower grade/pay band or post, which it may

think proper:

Provided that the pay allowed to be drawn by a Government employee under

this rule shall not exceed the pay which he would have drawn by the operation of

rule 4.3 read with clause (b) or clause (c) as the case may be of rule 4.9.

4.12. (1) If a Government employee is reduced as a measure of penalty to a lower

stage in his time-scale, the authority ordering such reduction shall state the period

for which it shall be effective and whether, on restoration the period of reduction

shall operate to postpone future increments and, so to what extent.

(2) If a Government employee is reduced as a measure of penalty to a lower

service, grade/grade pay or post, or to a lower time-scale/pay structure, the

authority ordering the reduction may or may not specify the period for which the

reduction shall be effective; but where the period is specified, that authority shall

also state whether, on restoration, the period of reduction shall operate to postpone

future increments, and if so, to what extent.

Note 1.- If the reduction to a lower post or grade/grade pay is for and unspecified

or indefinite period, the pay of the Government employee, on reappointment to the

higher post or grade/grade pay shall be regulated under the normal rules and note

under rule 4.12.

Note 2.- (a) Every order passed by the authority imposing on a Government

employee the penalty of reduction to a lower stage/band pay in a time scale/ pay

structure should indicate-

(i) The date from which it will take effect and the period (in terms of years and

months) for which the penalty shall be operative ;

(ii) The stage in the time-scale/pay structure (in terms of rupees) to which the

Government employee is reduced ;and

(iii) The extent (in-terms of years and months), if any, to which the period referred

to at (i) above should operate to postpone future increments.

It should be noted that reduction to a lower stage in a time scale/pay structure

is not permissible under the rule either for an unspecified period or as a permanent

measure. Also when a Government employee is reduced to a particulars stage, his

54

pay will remain constant at that stage for the entire period of reduction. The period

to be specified under (iii) should in no case exceed the period specified under (i).

(b) The question as to what should be the pay of a Government employee on the

expiry of the period of reduction should be decided as follows: -

(i) If the order of reduction lays down that the period of reduction shall not operate

to postpone future increment, the Government employee should be allowed the

pay which he would have drawn in the normal course but for the reduction. If,

however, the pay drawn by him immediately before reduction was below the

efficiency bar, he should not be allowed to cross the bar except in accordance with

the provision of rule 4.8.

(ii) if the order specifies that the period of reduction was to operate to postpone

future increments for any specified period the pay of the Government employee

shall be fixed in accordance with (i) above but after treating the period for which

increment were to be postponed as not counting for increments.

(c ) In order to ensure that every order passed by a competent authority imposing

on a Government employee the penalty of reduction to a lower stage in a time

scale/pay structure is definite and clear , such an order should be worded as in the

form given below;-

It is ,therefore, ordered that the pay of Sh-------------be reduced by ---------------------

------------------stages from Rs-----------------to Rs------------in the scale of pay/pay

structure for a period of -----------------year/month with effect from ------------------------

it is further directed that Sh. ----------------------will/will not earn increments of pay

during the period of reduction and that on the expiry of this period, the reduction

will/will not have the effect of postponing his future increments of pay .

4.13. Where an order of penalty of withholding of increment of a Government

employee or his reduction to a lower service, grade/grade pay or post, or to a lower

time-scale/pay structure, or to a lower stage in a time scale/pay structure, is set

aside or modified by a competent authority on appeal or review, the pay of the

Government employee shall, notwithstanding anything contained in these Rules,

be regulated in the following manner: -

(a) if the said order is set aside, he shall be given, for the period such order has

been in force, the difference between the pay to which he would have been entitled

had that order not been made and the pay he had actually drawn;

55

(b) if the said order is modified, the pay shall be regulated as if the order so

modified had been made in the first instance.

Explanation – If the pay drawn by a Government employee in respect of any period

prior to the issue of the orders of the competent authority under this rule is revised

the leave salary and allowances (other than travelling allowance), if any,

admissible to him during that period shall be revised on the basis of the revised

pay.

Note 1.- In respect of cases falling under clause (a) of this rule, service rendered

by the Government employee in the lower service, grade/grade pay or post or

lower time scale/pay structure or lower stage in the time scale/pay structure or at

the stage where the increment was withheld from the date of imposition of such

penalty by the disciplinary authority to the date on which the order of penalty is set

aside by the competent appellate or reviewing authority shall count for increment or

for other purposes in the post which he was holding immediately before the

imposition of the penalty provided that he would have continued to hold that post

but for the order of penalty. In respect of cases falling under clause (b) of this rule,

such service from the date of imposition of the penalty by the disciplinary authority

to the date on which the order is modified by the appellate or reviewing authority,

shall be counted for the purpose of increment or for other purposes in the post

which he was holding immediately before the imposition of the penalty or any other

post which he would have held but for the order of penalty, to the extent, the

modified order permits of such counting. For example, if an officer of a Group A

Service in the Senior scale (Rs. 15600-39100 + 6600 G.P.) is reduced to a Group

B Service (Rs. 9300-34800+5400 GP) for a period of, say two years, and if after six

months, the order is modified by the appellate authority as reduction to the Group

A Service in the Junior Scale (Rs. 15600-39100 + 5400 G.P.), the period of six

months will count for increment in the Junior Scale. If, on the other hand, the order

of penalty is modified as reduction to a lower stage in the time scale (Rs.15600-

39100+5400 G.P.) for a specified period or withholding of increment in that time

scale for specified period, the period that has already elapsed since the date of

imposition of the original penalty shall be taken into account only for the purpose of

computing the specified period of penalty under the modified order.

(c) A permanent post vacated by reduction of a Government employee to a lower

service, grade pay or post or to a lower time-scale or pay structure, should not be

56

filled substantively until the expiry of a period of one year from the date of such

reduction.

(i) In case the permanent post is filled after the expiry of one year period and the

original incumbent of the post is reinstated thereafter, he should be accommodated

against any post which may be substantively vacant in the grade pay to which his

previous substantive post belonged.

If there is no such vacant post, he should be accommodated against a

supernumerary post which should be created in this grade pay with proper sanction

and with the stipulation that it would be terminated on the occurrence of the first

substantive vacancy in that grade pay.

Pay of Officiating Government Employees

4.14. (1) Subject to the provisions of rule 4.22 and 4.23, a Government employee

who is appointed to officiate in a post shall not draw pay higher than that his

substantive pay in respect of a permanent post unless the officiating appointment

involves the assumption of duties and responsibilities of greater importance than

those attaching to the post, other than a tenure post, on which he holds a lien or

would hold a lien had his lien not been suspended:

Provided that the competent authority may specify posts outside the ordinary

line of a service the holders of which may, notwithstanding the provisions of this

rule and subject to such conditions as the competent authority may prescribe, be

given any officiating promotion in the cadre of the service which the authority

competent to order promotion may decide and may thereupon be granted the

same pay (whether with or without any special pay, if any, attached to such posts)

as they would have received if still in the ordinary line.

(2) For the purpose of this rule, the officiating appointment shall not be deemed to

involve the assumption of duties or responsibilities of greater importance if the post

to which it is made is on the same scale of pay as the permanent post, other than a

tenure post, on which he holds a lien or would hold a lien had his lien not been

suspended, or on a scale of pay identical therewith.

Note 1.– The words ‘duties’ and ‘responsibilities’ used in this rule are to be

interpreted in a wider sense as including besides the works to be performed the

general responsibilities and liabilities incidental to being member of a particular

service.

57

Note 2.– With reference to the proviso in clause (1) of this rule, it has been

decided to deal, on its merits, with each case as it arises. In each case so dealt

with, adequate safeguards should be laid down so as to prevent the tenure of posts

outside the ordinary line of a service by unduly senior Government employees

which might cause undue expense and be in other ways contrary to public interest

and also to prevent Government employees from receiving the rate of pay attached

to selection posts which they would have been regarded as unfit to hold if present

in the ordinary line. This point should be carefully kept in view by the authority

recommending a case for the declaration by the competent authority.

Note 3.- (i) The guiding principles for purpose of clarifying the position and for the

working of the convention usually known as the “next below rule” are as under:-

(1) A Government employee out of his regular line should not suffer by forfeiting

officiating promotion which he would otherwise have received, had he remained in

the regular line.

(2) The fortuitous officiating promotion of some one junior to a Government

employee who is out of the regular line does not in itself give rise to a claim under

the next below rule.

(3) Before such a claim is established, it should be necessary that all the

Government employees senior to the Government employee who is out of the

regular line have been given officiating promotion.

(4) It is also necessary that the Government employee next below him should have

been given promotion, unless in any case the officiating promotion is not given

because of inefficiency, unsuitability or leave.

(5) In the event of one or more of the three bars mentioned above being applicable

to the Government employee immediately below the Government employee

outside his regular line, a more junior Government employee should have received

officiating promotion and the Government employees, if any, in between should

have been passed over for one of these reasons.

(ii) The holders of special (interim) posts such as Secretaryship to a Governor or a

State Government should be ready to accept loss of officiating promotion in a

higher scale or grade to higher posts in the ordinary line for short periods, not

exceeding three months in consequence of their incumbency of special posts, and

that when the stage is reached at which their retention involves loss of substantive

or lengthy officiating promotions the proper course would be to make arrangements

58

to enable them to be released from the special posts rather than to compensate

them for the loss of officiating promotion under the next below rule.

(iii) In cases where an employee is deprived of officiating promotion to a higher

paid post owing to it being impracticable for the time being to release him from the

special post outside the ordinary line no compensation shall be granted in respect

of the first three months of his retention in the lower paid post unless the conditions

of the next below rule are satisfied.

(iv) In cases where the period for which officiating promotion is lost exceeds three

months the employee concerned may be granted the pay of the higher post for the

excess period but arrangements should be made wherever possible to avoid

depriving employee of lengthy period of officiating promotions.

(v) Save in exceptional circumstances no officer to whom the next below rule would

apply should be retained in a lower paid post for more than six months beyond the

date on which he becomes entitled to officiate continuously in a higher post.

(vi) The expression “posts outside the ordinary line of a service” in the second

proviso to rule also includes besides ex-cadre posts, special posts, outside the

ordinary line, which are borne on the cadre of a service. Holders of such posts can

be given the benefit of a declaration under that rule provided that the conditions

precedent to the application of the next below rule are fulfilled in their case.

(vii) Cases of these holders of posts in the ordinary line, who may suffer loss of

officiating promotion owing to it being impracticable to release them from their

posts can also be dealt with under the proviso to rule 4.14 if the conditions

precedent to the application of the next below rule are satisfied in any case.

(viii) In the case of employee, who in the public interest have to be deprived of

officiating promotions whether they are serving outside the ordinary line or in the

ordinary line and in which case the conditions laid down in the next below rule are

not satisfied, the instructions contained in clause(iii)and (iv) above will apply.

Note 4.- Next Below Rule-

In some instances claims have been supported for the protection of more than

one employee in respect of a single officiating appointment in cases where a

consecutive series of two or more employee in a cadre are on deputation to post

outside the regular line, and the employee next below them is promoted to officiate

in a higher post in the cadre. In order to eliminate any doubt in the matter it has

been decided by Government that one employee and one employee only namely,

59

the most senior fit employee who is not debarred by the conditions prescribed for

the application of the rule should be allowed the benefit under the “next below

rule”.

It may happen that the senior most employee serving outside the regular line

does not require to be protected under the “next below” rule by his belonging to

one or other of the types indicated below: -

(i) A Government employee serving outside the ordinary line holds a post carrying

a scale of pay identical with that of an administrative post in the ordinary line, and

is eligible for the pay and incremental benefits of the higher post in the ordinary

line.

(ii) A Government employee outside the regular line holds a post (generally

temporary) carrying better pay than the “identical” scale and qualifying per se or by

special declaration, for special additional pension as for the higher post in the

ordinary line.

In such cases, the protection under the “next below” rule in respect of any

one vacancy occurring in the regular, line may go to the next senior most fit

employee of the series serving outside the cadre who is not independently

protected in respect of pay, increment or pension by belonging to one or other of

these types.

Note 5.- (i) It is not intended that the phrase “outside the ordinary line of service” in

the second proviso to clause (1) of this rule should be rigidly interpreted either as

“outside the cadre of a service” or as “outside the ordinary time scale”. The form of

words adopted in this rule gives discretion to the competent authority in regard to a

case where exceptional circumstances which could not be foreseen and provided

for by rule, might arise.

(ii) The specification of a post under this proviso will enable a Government

employee to count service in that post for increment in the grade in which he would

have officiated had he not been holding the specified post.

Note 6.- The pay of a Government employee officiating in a post the pay of which

is subject to increase upon the passing of an examination or on the completion of a

certain period of service is the pay which he would, from time to time, receive if he

held the post substantively or officiating.

Note 7.- It is not the intention behind rule 4.15 under which the title to presumptive

pay is always subject to the provisions of this rule that the presumptive pay of the

60

post as determined by rule 4.3 (a)(ii) be allowed as a matter of course. According

to rule 4.14, where the officiating appointment does not involve the assumption of

duties and responsibilities of greater importance, it is not permissible for the

Government employee to draw pay higher than his substantive pay (if any) in

respect of a permanent post. In other words, while the Haryana Civil Services

Rules, Part I – General Rules are not prohibitive in respect of officiating promotions

in such circumstances they, undoubtedly restrict the officiating pay to the

substantive pay, from time to time of the Government employee concerned.

The case of a Government employee without a permanent post and

therefore, having no substantive pay in respect of such a post is, however,

different, Rule 4.14 being inapplicable in such cases, he is entitled to have his pay

regulated exclusively under rule 4.15 read with rule 4.3 (b) but to check any

extravagance in officiating pay in such cases, it is always open to the competent

authority to take resort to the provisions of rule 4.17.

Note 8.– A declaration by Government that a particular post involves more

important duties or duties of a different character justifies the grant of officiating

pay to a Government employee appointed to the post from another post in the

same cadre.

Note 9.- The selection grade post shall be considered as involving assumption of

duties or responsibilities of greater importance. The pay of the employee in the

Selection Grade may be fixed at the stage next above his pay at the relevant stage

of the time scale and the date of next increment shall be on completion of normal

period. The provision of sub rule (2) of rule 4.15 shall also be applicable in such

cases. The benefit of the ‘next below rule’ may also be extended in such cases,

subject to all the conditions of that rule being satisfied.

Note 10.- While making pay fixation under various provisions of this chapter , the

maximum of the pay scale shall not be a bar in working out the stage at which the

pay is to be fixed from one time-scale to another time-scale. The stage in a time

scale means a stage next above in case of involving higher responsibilities or

same stage in case of replacement of a time-scale or next below in case of not

involving higher responsibilities.

4.15. (1) Subject to the provisions of Rules 4.14 and 4.17 a Government

employee who is appointed to officiate in a post shall draw the presumptive pay of

that post.

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(2) On an enhancement in the substantive pay, as a result of increment or

otherwise, the pay of such Government employee shall be re-fixed under sub-rule

(1) from the date of such enhancement as if he was appointed to officiate in that

post on that date where such re-fixation is to his advantage.

Note 1.– See also note 7 below rule 4.14.

Note 2.- In the case of a Government employee whose officiating pay on refixation

under clause (2) of this rule carries his pay above the efficiency bar stage in the

time scale of the officiating post, the Government employee concerned should be

deemed to have automatically crossed the efficiency bar at the time, of refixation of

officiating pay and the question of application of efficiency bar shall not arise. In the

case of a Government employee officiating in a post and whose pay had been

refixed under clause (2) of this rule, if he is confirmed in that post from a

retrospective date, the refixation under clause (2) above after the date of his

confirmation will have to be revised and consequently overpayments, if any, should

be recovered.

Note 3.– In the case of a person proceeding on leave, if the period of leave counts

for increment in the officiating post under rule 4.9(b) subject to the fulfillment of the

conditions and production of the necessary certificates, his officiating pay may be

refixed under rule 4.15(2) from the very date of increment or increase in the

substantive pay as if he was appointed to officiate in that post on that date. The

benefit of the increase in officiating pay can be had by him only from the date of

resumption of duties but his next increment in the officiating post will accrue to him

from an earlier date in the next year calculated with reference to the date of

refixation of pay.

If, however, the period of leave does not count for increment in the

officiating post, Government employee loses all connection with that post during

that period and he will be entitled to get his officiating pay fixed only from the date

he returns from leave in which case the next increment will fall due only after

completion of the prescribed period of duty from the date of resuming charge

unless he becomes entitled to refixation of pay under rule 4.15(2) once again from

an earlier date.

Note 4.– Where the increment of a Government employee in the post in which he

is officiating has been withheld under rule 4.7 without any reference to the

increments that will accrue to him in the post held by him substantively, the

62

provisions contained in rub-rule (2) of this rule shall not apply before the date from

which the orders withholding the increment finally cease to be operative. However,

the Government employee may be allowed during the period of penalty of

withholding of increment, his substantive pay from time to time if the same

happens to be more than the officiating pay.

These provisions shall also apply in respect of a Government employee

whose pay in the post held by him in an officiating capacity has been withheld at a

particular stage or the efficiency bar stage of the time scale of that post for failure

to pass a departmental examination.

Note 5.– The pay of the Government employee who was not actually officiating at

the time of enhancement of his substantive pay, but would have officiated under

the “next below rule”, but for his deputation to some other post/officiating

appointment to a still higher post shall be refixed under clause (2) above notionally

in the post in which he would have continued to officiate, but for his deputation to

some other post/appointment in an officiating capacity to a still higher post. As and

when the Government employee reverts to that post, from deputation/higher post,

the actual pay to be given to him on the date of reversion will be arrived at with

reference to such notional pay. Once the notional pay in respect of the lower

officiating post has been fixed under this note, the pay of the Government

employee concerned in the still higher post shall be refixed with reference to his

notional pay of the lower officiating post in accordance with the provisions of rule

4.3 (c).

4.16. When a Government employee officiates in a post the pay of which has

been fixed at a rate personal to another Government employee the competent

authority may permit him to draw pay at any rate not exceeding the rate so fixed or,

if the rate so fixed be a time-scale may grant him initial pay not exceeding the

lowest stage of that time scale and future increments not exceeding those of the

sanctioned scale.

Note. - This rule prescribes the initial rate of pay only. If the pay personally fixed is

on a time scale it is not intended that an officiating incumbent should be debarred

from drawing increments in that time scale according to the ordinary rules.

4.17. A Competent authority may fix the pay of an officiating Government

employee at an amount less than that admissible under these rules.

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Note 1.– One class of cases falling under this rule is that in which a Government

employee merely holds, charge of the current duties and does not perform the full

duties of the post.

Note 2.– When a Government employee is appointed to officiate in a post on a

time scale of pay but has his pay fixed below the minimum of the time scale under

this rule he must not be treated as having effectually officiated in that post within

the meaning of rule 4.3 or having rendered duty in it within the meaning of rule 4.9.

Such a Government employee on confirmation, should have his initial pay fixed

under rule 4.3(b) and draw the next increment after he has put in duty for the usual

period required, calculated from the date of his confirmation.

Note 3. – The power conferred by this rule is not exercisable save by a special

order passed in an individual case and on a consideration of the facts of that case.

A general order purporting to oust universally the operation of rule 4.15 would be

ultra vires of this rule.

4.18. A competent authority may issue general or special orders allowing

acting promotions to be made in the place of Government employee who are

treated as on duty under rule 2.12(b).

Note.– Acting promotions have been permitted under this rule in place of

Government employees who are treated as on duty. Acting promotion is a

promotion on a post purely on temporary or adhoc basis.

Personal Pay

4.19. Except when the authority sanctioning it orders otherwise, personal pay

shall be reduced by any amount by which the recipient’s pay may be increased and

shall cease as soon as his pay is increased by an amount equal to his personal

pay.

Pay of Temporary Posts

4.20. When a temporary post is created which may have to be filled by a

person not already in Government service, the pay of the post shall be fixed with

reference to the minimum that is necessary to secure the services of a person

capable of discharging efficiently the duties of the post.

4.21. When a temporary post is created which will probably be filled by a

person who is already a Government employee, its pay shall be fixed by the

competent authority with due regard to -

(a) the character and responsibility of the work to be performed; and

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(b) the existing pay of Government employees of a status sufficient to warrant their

selection for the post.

Note 1.– Under these rules, special duty or deputation in India will not be

recognized. A temporary post will be created for the performance of that duty. If the

special duty is to be undertaken in addition to the ordinary duties of the

Government employee then rule 4.21 and 4.22 will apply.

Note 2.- (1) Temporary posts may be divided into two categories, viz., posts

created to perform the ordinary work for which permanent posts already exist in a

cadre, the only distinction being that the new posts are temporary and not

permanent and isolated posts created for the performance of special tasks

unconnected with the ordinary work which a service is called upon to perform. An

example of the latter type of post would be a post on a commission of enquiry. A

distinction by strict verbal definition is difficult, but in practice there should be little

difficulty in applying the distinction in individual cases. The former class of posts

should be considered to be a temporary addition to the cadre of a service whoever

may be the individual appointed to the post; while the latter class of temporary

posts should be considered as unclassified and isolated ex-cadre posts.

(2) Temporary posts which by this criterion should be considered as temporary

additions to the cadre of a service should be created in the time scale of the

service, ordinarily without extra remuneration. Incumbents of these posts will,

therefore, draw their ordinary time scale pay. If the posts involve increase in work

and responsibility in comparison with the duties of the parent cadre generally, it

may be necessary to sanction a special pay in addition. Such special pay may only

be allowed with the approval of the competent authority.

(3) For isolated ex-cadre posts, it may occasionally be desirable to fix consolidated

rates of pay. Where however, the post is to be held by members of a service, it will

ordinarily be preferable to create the post in time scale of the holder’s service. The

observations contained in paragraph 2 above will apply with equal force to the

grant of special pay over and above the ordinary time scale.

Combination of Appointments

4.22. A competent authority may appoint a Government employee already

holding a post in a substantive or officiating capacity to officiate as a temporary

measure, in one or more of other independent posts at one time. In such cases, his

pay is regulated as follows: -

65

(I) where a Government employee is formally appointed to hold full charge of the

duties of a higher post in the same office as his own and in the same cadre/line of

promotion, in addition to his ordinary duties, he shall be allowed the pay admissible

to him, if he is appointed to officiate in the higher post unless the competent

authority reduces his officiating pay under Rule 4.17; but no additional pay, shall

however, be allowed for performing the duties of a lower post;

(ii) where a Government employee is formally appointed to hold dual charge of two

posts in the same cadre in the same office carrying identical scales of pay, no

additional pay shall be admissible regardless of the period of dual charge: provided

that if the Government employee is appointed to an additional post, which carries a

special pay, he shall be allowed such special pay;

(iii) no additional pay shall be admissible to a Government employee who is

appointed to hold current charge of the routine duties of another post or posts

regardless of the duration of the additional charge;

(iv) if compensatory or sumptuary allowances are attached to one or more of the

posts, the Government employee shall draw such compensatory or sumptuary

allowances as the competent authority may fix: Provided that such allowances

shall not exceed the total of the compensatory and sumptuary allowances attached

to all the posts.

Note. - The current charge of the duties of another post(s) invariably be not given

to a Government employee except in exceptional circumstances with the approval

of Government.

4.23. When a Government employee holds charge of the current duties of a

post after being relieved of those of his substantive post, he officiates in that post.

If it is not considered that he is entitled to the full officiating pay of the post, his pay

may be fixed under rule 4.17. This should be done whenever the Government

employee is not carrying out the full duties of the post.

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CHAPTER – V Deputation out of India

(on duty and training)

Section 1 – On duty

5.1. No deputation of a Government employee out of India shall be

sanctioned without the previous approval of the competent authority.

5.2. (1) When a Government employee is with proper sanction, temporarily

deputed for duty out of India, he may be allowed to draw the same pay which he

would have drawn had he remained on duty in India. He may be granted a

compensatory allowance at the rates prescribed for various countries from the date

of landing in a country, to the date of leaving that country for India.

Note.- The portion of the pay which a Government employee may be permitted to

draw in foreign currency while on deputation abroad will be determined in

accordance with the orders issued by the competent authority in this regard from

time to time.

(2) A Government employee on deputation may also be granted a compensatory

allowance in a foreign country of such amount as the competent authority may

think fit.

(3) The foreign exchange equivalent of the pay, honorarium or compensatory

allowance admissible under sub-rule (1) or sub-rule (2) shall be calculated at such

rate of exchange as the Union Government may by order prescribe.

5.3. (1) The provisions regulating grant of passage, pay and allowances,

subsistence and travelling allowance etc. to Government employees while on duty

in other countries are regulated as under:- (2) Compensatory Allowances – A Government employee shall be granted a

compensatory allowance at the rates prescribed for various countries from the date

of landing in a country, to the date of leaving that country for India. Intimation

should be sent to the Mission for India in that country in sufficient time to enable

him to secure accommodation before the arrival of the Government employee in

that country.

(3) If a Government employee takes leave during stay in foreign country, the

payment of compensatory allowance will cease during the period of leave.

67

(4) A Government employee, entitled for a compensatory allowance under this

section, may be granted halting allowance under section IV in lieu thereof, if to his

advantage, in respect of necessary absences on duty away from headquarters.

(5) Government employee, placed on duty, while on leave in other country, may

be granted a compensatory allowance at the prescribed rates. If any journey is

performed for duty from stay point to any other station, he will, however, be entitled

to travelling expenses and halting allowance under section IV.

(6) Compensatory allowance is intended to compensate for disturbance. It should

not without special sanction be granted or continued in case in which it is clear that

“disturbance” has not occurred or ceased, e.g. if the Government employee is

enjoying Government hospitality or is known to have no intention of returning to

India. It should not be continued beyond 12 months without the special sanction of

the High Commissioner for India.

Note 1.-The period of deputation runs from the date on which the Government,

employee makes over charge of his office in India to the date on which he resumes

it; or, if the Government employee is on leave out of India, at the time he is placed

on deputation, the period of the deputation is the time actually occupied by the

duty.

Note 2.- In the case of a Government employee proceeding on deputation, the

grant of return passage to India on conclusion of a deputation is conditional on his

return to duty forthwith on the conclusion of the deputation, unless an arrangement

to the contrary effect is specially permitted at the time the deputations closes or is

about to close, and the proposed leave is begun.

5.4. (1) Travelling Expenses- A Government employee when deputed to other

countries will be entitled to travelling allowance for the journeys undertaken within

India and the journeys under taken from the place of embarkation to the place

debarkation as per normal Travelling Allowance Rules.

(2) A Government employee, while in foreign country, may undertake official

journeys in a entitled class of accommodation by rail, sea, air and road as per

grading for performance of journeys in India. But where the entitled class of

accommodation does not exist, the journey shall be performed by the immediate

higher class of accommodation.

Note.- Government employees are excepted to follow the most economical route

and to take advantage of return, cheap day, tourist, week end, or excursion tickets

68

when available and when a saving may be effected thereby. When it is known that

daily journeys between the same two places will be performed on several

occasions, a seasonal ticket should be taken if more economical than daily return

tickets.

Delegates to conferences, committees, etc. should utilize any rail and

steamer fare concession offered by the conference, committee etc. authorities.

Government employee travelling by private motorcars, or the like may be granted

road mileage allowance.

3. Only the cost of return tickets is allowed when such can be taken.

4. (i) A Government employee, unless otherwise instructed, is expected to

reside at his place of work, and will not be refunded the cost of journeys to any

other place for stay.

5. The Government employee shall be allowed necessary incidental expenses

such as taxi/car charges, airport tax, dock dues, toll tax etc.

(3) Rate of halting allowance in foreign countries - Government employees

proceeding abroad on Government duty are allowed travelling allowance and daily

allowance on the same rates as are prescribed by Government of India for their

officers of similar status, for those countries. The information in regard to travelling

allowance and daily allowance as prescribed by Government of India in this behalf

is available in the Pay and Accounts Branch of the Haryana Civil Secretariat.

5.5. (1) Halting Allowance- A Government employees, on deputation from India,

traveling on duty may, when away from headquarters, draw in addition to traveling

expenses under section III halting allowance at the rates shown in the annexure to

these rules. These rates are not intended to meet the whole cost of subsistence

when absent from home or headquarters, but only the extra expenses necessarily

incurred through such absence.

(2) No halting allowances can be drawn, for any period during which a

Government employee is entertained at the expenses of the State or where

subsistence is otherwise provided, e.g. on board-ship.

(3) When a Government employee is deputed to attend a Conference or

Congress and its connected tour, he will draw in respect of the tour either the

allowances and traveling expenses admissible under the above rules or the all in-

charge, if any, arranged by the Conference or Congress authorities for the tour,

whichever is the less.

69

(4) Government employees proceeding abroad on Government duty are allowed

travelling allowance and daily allowance on the same rates as are prescribed by

Government of India for their officers of similar status, for those countries. The

information in regard to travelling allowance and daily allowance as prescribed by

Government of India in this behalf is available in the Pay and Accounts Branch of

the Haryana Civil Secretariat.

Section II – On Training

5.6. Terms of deputation of Government employees sent abroad for training under

the various schemes-

(1) When Government employees are sponsored by the various Departments of

the State Government for training abroad under the various training schemes of the

United Nations, the Colombo Plan, the Point Four Programme etc., and the

schemes operated through non-official channels (Rock Feller Foundation, Ford

Foundation, etc.) the grant of deputation terms will be regulated as follows:-

(i) Pay:- The entire period of the government employees absence from his post in

India will be treated as period of deputation on full pay which he would have drawn

had he remained on duty in India.

(ii) Dearness Allowance:- During the entire period of training the Government

employee concerned may be allowed to draw dearness allowance at the rate at

which he would have drawn it had he not proceeded on deputation abroad, Apart

from dearness allowance temporary allowance will also be admissible according to

the instructions for the grant of that allowance.

(iii) Compensatory Allowance: This allowance would also be admissible at the

same rate as he would have drawn in India but for his deputation abroad, during

the first six months of absence from his post in India, subject to the fulfillment of the

conditions laid down in rules 6(b) and 8 of the Haryana Civil Services Rules, Part V

– Other Compensatory Allowances Rules. No compensatory allowance will be

admissible during the training period beyond six months,

(iv) House-rent Allowance or Recovery of Rent :- This will be at the same rate as

he would have drawn in India but for his deputation abroad, during the entire period

of his training subject to the fulfillment of the conditions laid down in rules 6 (b) and

8of the Haryana Civil Services Rules, Part V – Other Compensatory Allowances

Rules. If the Government employee concerned is allowed to retain Government

accommodation during the period of deputation, the rent thereof should continue to

70

be charged at the same rate at which he would have been normally charged had

the Government employee not proceeded on deputation.

(3) It should be ensured that the period of deputation of Government employee

sent abroad for training is not longer than absolutely necessary.

(4) (i) Further, the training of Government employees abroad under the financially

aided schemes and under the schemes operated through non-official channels

such as Rock-feller Foundation, Ford Foundation etc., should invariably be at the

instance of the Department concerned. In no case should the Government

employees themselves approach or negotiate direct with the Foreign Governments

or Organizations for scholarships. Before sponsoring a case for training abroad

under the terms mentioned in para I above, it is necessary to ensure that the

services of the Government employee concerned will be available to Government

at least for a reasonable period, say five years, after the completion of training and

that the officer should also possess adequate background of the subject or field in

which he would be receiving training. The following conditions should, therefore,

generally be satisfied for the grant of deputation terms to a Government employee

sponsored by Government for awards under the training schemes:-

(a) He should have atleast five years to serve after the conclusion of training and

is not expected to retire within that period.

(b) In the case of a Government employee on loan from a Union or State

Government or a quasi-Government body, the lending authority should agree to

make him available to the government of Haryana for a period of not less than five

years after the conclusion of training, if required.

(c) In the case of a Government employee in the temporary employ of the

government of Haryana, there should be reasonable chance of his remaining in

service for a minimum period of five years after the conclusion of the training and

he should be required to give an undertaking in writing that he agrees to serve the

Haryana Government for the like period.

(d) He should have completed a minimum of 5 years service. The limit may,

however, be relaxed in cases where the very nature of the training does not

warrant such a restriction, e.g., cases where individuals are recruited on the

condition that he should undergo training before they are posted to regular duties.

(e) A period of deputation of 18 months one time should ordinarily be regarded as

a suitable maximum in such cases.

71

(ii) Where a particular scheme provides for any specific conditions to be fulfilled

before a person is approved for training, the same should be followed in preference

to the general conditions referred to above. For instance, if a scheme prescribed a

maximum age limit for the trainees, the same should be adhered to in preference

to the general condition of at least five years service after the conclusion of training

laid down by the foreign agency or Government of India, administering the scheme,

the general conditions referred to above should invariably be enforced before a

person is sponsored for training abroad.

(5) The permanent and temporary Government employees deputed abroad for

training shall be required to execute bonds in Forms D and E and supplementary

bonds in case of extension of deputation in Forms D-1 and E-1 appended to

these terms. The bond should be got executed in all cases of deputation on

training, irrespective of the periods of training and irrespective also of the fact

whether the Government employee is allowed deputation terms under para I above

or any other terms.

(6) The lump sum amount of refund to be specified in the bond should include all

moneys paid to the Government employee concerned or expended on his account

e.g. pay and allowances, leave salary, traveling and other expenses, cost of

international travel and cost of training abroad met by the foreign Government

agency concerned.

(7) An undertaking to the effect that they will not be accompanied by their wives,

children or dependents shall be obtained from the trainees before they are

sponsored.

(8) An undertaking to the effect that the trainee shall not, on his own initiative, on

arrival or during his stay in the country of training take up the question of extension

or variation of his training with the authorities responsible for his training abroad

shall be obtained from him. He may, however, if he thinks it necessary, approach

his sponsors for extension or variation of his training abroad who after necessary

consultations with the authorities concerned, will decide one way or the other about

it. No such extension shall be given unless the trainee executes another bond in

form D - 1 or E - 1 as the case may be, for such lump sum as may be specified by

the State Government keeping in view the provisions of paragraph 5 above.

72

(9) Actual sanctions in individual cases regarding the deputation terms

mentioned above shall be issued only in consultation with the Finance Department

in accordance with the existing practice.

73

FORM - D Bond for permanent Government employees proceeding abroad on deputation for training KNOW ALL MEN BY THESE PRESENT THAT I ------------- resident of-----------

------------in the District of--------------------at present employed as--------in the

Department/Office of--------------do here by bind myself and my heirs, executors and

administrators to pay to the Governor of Haryana ( hereinafter called “ the

Government”) on demand the sum of Rs. -------------------------(Rupees------------------

------------) on account of my having been placed on deputation for training

connected with ---------------------(particulars of the nature of training) for the period

from----------------------------------to-----------------at--------------------------------------- (

Name of Country) at the cost of the Government /under a foreign aided scheme,

together with interest thereon from the date of demand at Government rates for the

time being in force on Government loans or, if payment is made in a country other

than India , the equivalent of the said amount in the currency of that country

converted at the official rate of exchange between that country and India.

Dated this--------------,day of---------------------, two thousand and -------------------.

WHEREAS the above bounden ----------------- is placed on deputation by the

Government.

NOW THE CONDITION OF THE ABOVE, WRITTEN OBLIGATION IS

SUCH THAT if in the event of the above bounden ----------------resigning or retiring

from service without returning to duty after the expiry or termination of the period of

training or at anytime within a period of ---------------------- years after his return to

duty or in event of his removal or dismissal from service for any kind of misconduct

during the prescribed period, he shall forthwith refund to the Government on

demand the said sum of Rs.------------------------ (Rupees-------------------------------) on

account of his having been placed on deputation as aforesaid together with interest

74

thereon from the date of demand at Government rates for the time being in force

on Government loans.

AND upon the above bounden ---------------------------making such refund the

above written obligation shall be void and of no effect , otherwise , it shall and

remain in full force and virtue

The Government of Haryana have agreed to bear the stamp duty payable

on this bond

In witness whereof, these presents have been signed by a duly authorized

officer on behalf of the Governor of Haryana and by the other person(s) party

hereto

Signed and delivered by the above bounden-----------------------------------------

In the presence of witnesses:

1.-----------------------

2.-------------------------

------------------------------

For and on behalf of the Governor of

Haryana.

(Designation of the Officer)

75

FORM E Bond for temporary Government employees proceeding abroad on deputation for training KNOW ALL MEN BY THESE PRESENT THAT WE -------------, resident of---

----------------in the District of ---------------------at present employed as--------------------

-------in the department/office of----------------------------(herein after called “ the

obligor”) and Shri-------------------son of-------------------------and Shri ----------------------,

son of ---------------------------------sureties on his behalf, do here by jointly and

severally bind ourselves and our respective heirs, executors and Administrators to

pay to the Governor of Haryana (herein after called the government “) on demand

the sum of Rs. -------------------(Rupees-----------------------) on account of obligor

having been placed on deputation for training connected with--------------------------

(particulars of the nature of the training) for the period from---------------------------at --

--------------- (Name of Country) at the cost of the Government under a foreign

aided scheme, together with interest thereon from the date of demand at

Government rates for the time being in force on Government loans or, if payment is

made in a country other than India , the equivalent of the said amount in the

currency of that country converted at the official rate of exchange between that

country and India.

Dated this-------------------day of----------------- two thousand and --------------------.

Whereas the above bounden--------------------------------is placed on deputation by the

Government.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS

SUCH THAT if in the event of the above bounden obligor Shri--------------------

resigning from service without returning to duty after the expiry or termination of the

period of training or at anytime within a period of------------------------------ years after

his return to duty or in the event of his removal or dismissal from service for any

kind of misconduct during the prescribed period, the obligor and sureties shall

forthwith refund to the Government on demand the said sum of Rs.----------------

(Rupees---------------------------------------------------------) on account of the obligor

having been placed on deputation as aforesaid, together with interest thereon from

76

the date of demand at Government rates for the time being in force on Government

Loans.

AND upon the above bounden obligor Shri----------------and /or Shri-----------------

and/or Shri-----------------------the sureties aforesaid, making such refund the above

written obligation shall be void and of no effect, otherwise it shall be and remain in

full force and virtue

PROVIDED ALWAYS that the liability of the sureties hereunder shall not be

impaired or discharged by reason of time being granted or by any forbearance, act

or omission of the Government or any person authorized by them (whether with or

without the consent or knowledge of the sureties) nor shall it be necessary for the

Government to sue the said obligor before sueing the above bounden sureties Shri

----------------and Shri--------------------or any of them for the amount due hereunder.

The Government of Haryana have agreed to bear the stamp duty payable on this

bond.

In witness whereof, these presents have been signed by a duly authorized

officer on behalf of the Governor of Haryana and by the other Person(s) party

hereto.

Signed and delivered by the above

Bounden---------------in the presence of

(Name of obligor)

Witnesses:-

1.------------------

2.------------------

Signed and delivered by the surety above

Named Shri------------in the presence of

(Name of surety)

1.------------------

2.-------------------

Signed and delivered by the surety above

Named Shri------------------in the presence of

(Name of surety)

77

1.--------------------

2.--------------------

-----------------------------

For and on behalf of the Governor of Haryana

(Designation of the Officer)

78

FORM D-1 Supplementary bond for permanent government employees granted extension of deputation on training

KNOW ALL MEN BY THESE PRESENT THAT I--------------------resident of---

--------in the District of------------------at present employed as---------------------in the

Department/Office of---------------do here by bind myself and my heirs, executors

and administrators to pay to the Governor of Haryana (hereinafter called “the

Government” ) on demand the sum of Rs. ----------------(Rupees---------------------------

) together with interest thereon from the date of demand at Government rates for

the time being in force on Government loans or, if payment is made in a country

other than India, the equivalent of the said amount in the currency of that country

converted at the official rate of exchange between that country and India.

Dated this---------------------,day of------------------------ two thousand and -----------

---------------.

Whereas the above bounden--------------was placed on deputation on training by

Government for the period from--------to-------------in consideration of which a bond,

dated -----------for Rs. ------------------, was executed by him in favour of the

Governor of Haryana;

AND WHEREAS the above bounden-------------is placed on extension of deputation

for training from------------------to----------------at ------------(Name of the country) at the

cost of the Government under the Foreign Aided Scheme, together with interest

thereon.

AND WHEREAS for the better protection of the Government, the above bounden

has agreed to executed this Supplementary bond with such condition as interests

of the hereunder written.

NOW THE CONDITIN OF THE ABOVE WRITTEN OBLIGATION IS THAT if

in the event of the above bounden ------ resigning or retiring from service without

returning to duty after the expiry or termination of the period of training so extended

or at anytime within a period of----------- years after his return to duty or in the event

of his removal or dismissal from service for any kind of misconduct during the

prescribed period, he shall forthwith refund to the Government on demand the said

sum of Rs. -----------------(Rupees--------------------------) together with interest thereon

from the date of demand at Government rates for the time being in force on

Government loans.

79

AND upon the above bounden-------------------------making such refund the

above written obligation shall be void and of no effect, otherwise it shall be and

remain in full force and virtue.

The Government of Haryana have agreed to bear the stamp duty payable on

this bond.

In witness whereof, these presents have been signed by a duly authorized

officer on behalf of the Governor of Haryana and by the other person(s) party

hereto.

Signed and delivered by the above bounden ------- (name of obligor) in the

presence of witnesses:-

1.Signature--------

Name and Address ------------------------------------

2.Signature--------

Name and address-------------------------------------

-------------------------

For and on behalf of the Governor of Haryana.

(Designation of the Officer)

80

FORM E- I Supplementary bond for temporary Government employees granted extension of deputation on training

KNOW ALL MEN BY THESE PRESENT THAT WE-------------------residents

of------------the District of---------------------at present employed as-------------------in the

Department/Office of------------------(hereinafter called “the Obligor”) and Shri----------

---, son of----------------and Shri --------------------, son of-------------------sureties on his

behalf do hereby jointly and severally bind ourselves and our respective heirs,

executors and administrators to pay to the Governor of Haryana (hereinafter called

“the Government”) on demand the sum of Rs.---------------(Rupees----------------------

------------) together with interest thereon from the date of demand at Government

rates for the time being in force on Government loans or, if payment is made in a

country other than India, the equivalent of the said amount in the currency of that

country converted at the official rate of exchange between that country and India.

Dated this------------, day of--------------------two thousand and---------------------- .

WHEREAS THE above bounden---------------was placed on deputation on

training by Government or the period from---------------------to--------------- in

consideration of which a bond, dated ------------ for Rs. ----------------- was executed

by him in favour of the Governor of Haryana.

AND WHEREAS THE above bounden-------------is placed on extension of

deputation for training from-----------------to---------------at----------------(name of

country) at the cost of the Government under the Foreign Aided Scheme,

together with interest thereon.

AND WHEREAS for the better protection of the Government the above bounden

has agreed to execute this supplementary bond with such condition as hereunder

is written.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT

in the event of the above bounden obligor Shri------------------------resigning from

service without returning to duty after the expiry or termination of the period of

training so extended or at anytime within a period of----------------years after his

return to duty or in the event of his removal or dismissal from service for any kind

of misconduct during the prescribed period, the obligor and the sureties shall

forthwith refund to the Government on demand the said amount of Rs.-------------

81

(Rupees-------------------------------) together with interest thereon from the date of

demand at Government rates for the time being in force on Government loans.

AND upon the above bounden obligor, Shri----------------------and/or Shri------------,

and /or Shri------------------------------, the sureties aforesaid , making such refund the

above written obligation shall be void and of no effect , otherwise it shall be and

remain in full force and virtue.

PROVIDED ALWAYS that the liability of the sureties hereunder shall not be

impaired or discharged by reason of time being granted or by any forbearance, act

or omission of the Government or any person authorized by them ( whether with or

without the consent or knowledge of the sureties) nor shall it be necessary for the

Government to sue the said obligor before sueing the above-bounden sureties

Shri.---------------and Shri------------on any of them for the amount due hereunder.

The Government of Haryana have agreed to bear the stamp duty payable on this

bond.

In witness whereof, these presents have been signed by a duly authorized officer

on behalf of the Governor of Haryana and by the other person(s) party hereto

Signed and delivered by the above bounden --------(name of obligor) in the

presence of

Witnesses:-

1.---------------------------

2.------------------------

Signed and delivered by the surety above

named Shri---------------- (name of surety) in the presence of

1.--------------------------

2.-------------------

Signed and delivered by the surety above.

Named Shri---------------- (name of surety) in the presence of

1.-----------------------

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2.------------------------

For and on behalf of the Governor of

Haryana.

(Designation of the Officer)

83

Chapter - VI Dismissal, Removal and Suspension

Cessation of Pay and Allowances on Removal or Dismissal

6.1. The pay and allowances of a Government employee who is dismissed or

removed from service cease from the date of such dismissal or removal.

Allowances During the Period of Suspension

6.2. (1) A Government employee under suspension, as per Rule 6 of Haryana

Civil Services Rules, Part VIII - Punishment and Appeal Rules, 2012, shall be

entitled to the following payments, namely:-

(a) A subsistence allowance equal to fifty percent of pay immediately drawn

before suspension, and dearness allowance on the basis of such reduced amount:

Provided that where the period of suspension exceeds six months, the

authority which made or is 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 the first six months as follows:-

(i) the amount of subsistence allowance may be increased by a suitable

amount beyond fifty percent but not exceeding seventy five per cent of pay, if, in

the opinion of the said authority, the period of suspension has been prolonged for

reasons to be recorded in writing, not directly attributable to the Government

employee;

(ii) the amount of subsistence allowance may be reduced by a suitable amount

below fifty percent but not below twenty five per cent of the pay immediately drawn

before suspension, if, in the opinion of the said authority, the period of suspension

has been prolonged due to reasons to be recorded in writing, directly attributable to

the Government employee;

(iii) the dearness allowance will be calculated on the increased or decreased

amount of subsistence allowance, as the case may be, admissible under clauses

(i) and (ii) above;

(b) any other compensatory allowances admissible from time to time on the basis

of pay of which the Government employee was in receipt on the date of

suspension subject to the fulfillment of other conditions laid down in the Haryana

Civil Services Rules, Part VI –Other Compensatory Allowances Rules for the

drawal of such allowances.

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(2) No payment under sub-rule (1) shall be made unless the Government

employee furnishes a certificate, and the authority which made or is deemed to

have made the order of suspension is satisfied that he is not engaged in any other

employment, business, profession or vocation:

Provided that if a Government employee under suspension intimates that he

has earned during suspension, then he shall be entitled to the subsistence

allowance and other allowances equal to the amount by which his earnings falls

short of the amount of subsistence allowance and other allowances that would

otherwise be admissible to him. Where the subsistence and other allowances

admissible to him are equal to or less than the amount earned by him nothing shall

be payable to him.

Note 1.- It is obligatory under this rule in sufficient time before the expiry of the six

months of suspension the competent authority should review each case in which

the period of suspension is likely to exceed six months and even if it comes to the

conclusion that the rate is not to be altered having regard to all the circumstances

of the case specific orders to that effect are to be passed placing on record the

circumstances under which the decision had to be taken. Such review shall be

made atleast on every six month and specific orders are to be passed for

increasing or decreasing or not altering of the subsistence allowance.

Allowances on Reinstatement

6.3. (1) When a Government employee, who has been dismissed, removed,

compulsory retired, or suspended, is reinstated, or would have been reinstated but

for his retirement on superannuation the authority competent to order the

reinstatement shall consider and make a specific order :-

(a) regarding the pay and allowances to be paid to the Government employee for

the period of his absence from duty, occasioned by suspension and/or dismissal,

removal or compulsory retirement ending with his reinstatement on or the date of

his retirement on superannuation as the case may be, and

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

(2) Where the authority mentioned in sub-rule (1) is of opinion that the Government

employee has been fully exonerated or, in the case of suspension, that it was

wholly unjustified, the Government employee shall be given the full pay and

allowances to which he would have been entitled, had he not been dismissed,

removed, compulsorily retired or suspended, as the case may be.

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(3) In other cases, the Government employee shall be given such proportion of

such pay and allowances as such competent authority may prescribe:

Provided that the payment of allowances under sub-rule (2) or sub-rule (3) shall be

subject to all other conditions under which such allowances are admissible;

Provided further that such proportion of such pay and allowances shall not be less

than the subsistence and other allowances admissible under rule 6.2.

(4) In a case falling under sub-rule (2) the period of absence from duty shall be

treated as a period spent on duty for all purposes.

(5) In a case falling under sub-rule (3) the period of absence from duty shall not be

treated as a period spent on duty unless such competent authority specifically

directs that it shall be so treated for any specified purpose:

Provided that if the Government employee so desires, such authority may direct

that the period of absence from duty shall be converted into leave of any kind due

and admissible to the Government employee.

Note 1.- This rule is absolute and unconditional and the question of lien does not

arise in the case of a Government employee who is dismissed from service and

reinstated on appeal when the period of unemployment between the date of

dismissal and reinstatement is declared by the appellate authority as duty.

Note 2.- The period spent under suspension, if treated as leave of the kind due on

the request of the Government employee, the subsistence allowance already

received shall be adjusted as per admissibility of leave salary. If the leave period

consists of extraordinary leave, the subsistence allowance already paid to the

Government employee for that period shall be recovered.

Note 3.- A permanent post vacated by the dismissal, removal or compulsory

retirement of Government employee should not be filled substantively until the

expiry of the period of one year from the date of such dismissal, removal or

compulsory retirement, as the case may be. Where on the expiry of the period of

one year, the permanent post is filled and the original incumbent of the post is

reinstated thereafter, he should be accommodated against any post which may be

substantively vacant in the grade to which his previous substantive post belonged.

If there is no such vacant post, he should be accommodated against a

supernumerary post which should be created in this grade with proper sanction

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and with the stipulation that it would be terminated on the occurrence of the first

substantive vacancy in that grade.”

Note 4.- A suspension vacancy should be treated as filled by a reservist, if one is

available at the time, a Government employee belonging to an establishment

containing a leave reserve is placed under suspension. If no reservist is available

at the time, an outsider may be appointed but replaced by a reservist as soon as

one is available.

Note 5.- In an establishment where provision for leave reserve exists, any vacancy

caused on account of suspension of a Government employee should be filled by a

‘reservist’ and where a ‘reservist’ is not available, the post should be filled by an

officiating appointment. It is, however, not necessary to create an extra post.

Note 6.- The period spent under medical treatment by a Government employee

under suspension shall be treated as spent under suspension and the subsistence

allowance as admissible under the rules shall be given for that period. On

reinstatement, it shall be specified whether it is to be treated as ’duty’ or ‘non duty’

with reference to the provisions of the above rule, unless the Government

employee concerned desires that it may be converted into leave of the kind due

and admissible.

Note 7.- The order of the competent authority regarding the treatment of the period

of absence from duty passed under the proviso to sub-rule (5) above is absolute

and no sanction from higher authority would be necessary for the grant of any kind

of leave to any extent at the credit of the Government employee including

extraordinary leave. The period of extraordinary leave shall not be treated as

qualifying service for any purpose.

Note 8.- The term “ Proportion” used in sub-rule (3) of this rule does not mean

“whole”.

Note 9.- If no order is passed under sub-rule (5) of this rule directing that the period

of absence be treated as duty for any specified purpose, the period of absence

should be treated as ‘non-duty’. In such event, the past service (i.e. service

rendered before dismissal removal, compulsory retirement or suspension) will not

be forfeited.

Note 10.- Where a Government employee under suspension is acquitted by a

Court of Law and the order reinstating him is passed some time after the date of

acquittal, full pay and allowances have to be paid from the date of acquittal to the

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date of re-joining duty and the period counted as duty for all purposes whereas for

the period from the date of suspension/ removal/dismissal to the date of acquittal

he is to be allowed pay and allowances as directed by competent authority under

sub-rule (2) or sub-rule (3) of this rule and the period is to be treated as duty or

non-duty under sub-rule (4) or sub-rule (5) of this rule, as the case may be.

Note 11.- Where a Government employee is prosecuted for commission of

defalcation of public funds and fabrication of records and said prosecution

culminates into acquittal, he cannot be made entitled to reinstatement with grant of

all consequential benefits alongwith back wages etc. as a matter of course, if the

conduct alleged is the foundation for prosecution, though it may end in acquittal on

appreciation or lack of sufficient evidence. In such a case, unless the selfsame

conduct was subject of charge and on trial the acquittal was recorded on a positive

finding that the accused did not commit the offence at all or the acquittal is not on a

benefit of doubt given, it would be open to the competent authority to enquire into

the misconduct and take appropriate action thereon. Even otherwise, the

competent authority may, on reinstatement after following the principles of natural

justice, pass appropriate order including treating suspension period as non-duty

and when the suspension period pending trial of such an employee is so treated to

be as non-duty, he would not be entitled to the consequential benefits i.e. not

entitled to be treated as on duty from the date of suspension till the date of the

acquittal for the purpose of computation of pensionary benefits etc.

Note 12.- As this rule, is absolute, the law of limitation need not be invoked at the

time of paying the arrears of pay and allowances for the period from the date of

dismissal/removal/ compulsory retirement/suspension to the date of reinstatement

in respect of cases where the pay and allowances are regulated on reinstatement

in accordance with the provisions contained in sub-rule (2) or sub-rule (3), as the

case may be.

Note 13.- Where any amount is earned by a Government employee through an

employment during any period between the date of dismissal/removal/compulsory

retirement and the date of reinstatement; and the emoluments admissible under

this rule, exceed those earned during such employment, the former shall be

reduced by the latter. Where, however, the emoluments admissible under this rule

are equal to or less than those earned during the employment, nothing shall be

paid to the Government employee.

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Leave to a Government Employee Under Suspension

6.4. Leave may not be granted to a Government employee under

suspension. See also note 2 under rule 6.3.

Suspension During Criminal proceedings, Arrest for Debt and Detention, etc.

6.5. An employee of Government against whom proceeding have been taken

either for his arrest for debt or on a criminal charge or who is detained under any

law providing for preventive detention should be considered as under suspension

for any periods during which he is detained in custody or is undergoing

imprisonment, and not allowed to draw any pay and allowances (other than any

subsistence allowance that may be granted in accordance with the principles laid

down in rule 6.2) for such period until the final termination of the proceedings taken

against him or until he is released from detention and allowed to rejoin duty, as the

case may be. An adjustment of his allowances for such periods should thereafter

be made according to the circumstances of the case, the full amount being given

only in the event of the employee being acquitted of blame or (if the proceedings

taken against him were for his arrest for debt), of its being proved that the

employee’s liability arose from circumstances beyond his control or the detention

being held by the competent authority to be unjustified.

6.6. (1) A Government employee against whom a criminal charge is pending

may, at the discretion of the competent authority be placed under suspension by

the issue of a specific order to this effect during the periods when he is not actually

detained in custody or imprisoned (e.g. while released on bail), if the charge made

against him is connected with his position as Government employee or is likely to

embarrass him in the discharge of his duties as such or involves moral turpitude.

However, as soon as a criminal charge is framed by a court against a Government

employee in a case involving moral turpitude, suspension should follow

automatically.

(2) A Government employee against whom a proceeding for arrest for debt is

pending should be placed under suspension by the issue of specific order to this

effect during the period when he is not actually detained in custody or imprisoned

(e.g. while released on bail) if the proceeding taken against him is connected with

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his position as a Government employee or is likely to embarrass him in the

discharge of his duties as such.

(3) In regard to pay and allowances in the cases referred to in sub rules (1) and (2)

the provisions of rule 6.5 shall apply.

Deductions from Subsistence Allowance

6.7. The monthly deductions from the subsistence allowance of a Government

employee under suspension shall be made as under: -

(1) Compulsory deductions:

(i) Income tax;

(ii) Profession tax

(iii) House rent, water charges, electricity charges and other charges

relating to the occupation of residence;

(iv) Recovery of loans and advances taken from the Government at

such rates as

the Head of Department may deem fit to fix;

(v) Group Insurance Scheme ;

(2) Optional deductions:

(i) Subscription and any refund of advances taken from the General Provident Fund;

(ii) Any other type of recovery.

(3) Deductions not to be made :

(i) Recovery of loss to Government;

(ii) Recoveries of over payment.

(iii) Attachment orders from court of law.

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Chapter VII - Joining Time Conditions Under Which Admissible

7.1. Joining time may be granted to Government employee to enable him -

(a) to join a new post either at the same or a new station, without availing himself

of any leave on relinquishing charge of his old post;

(b) to join a new post in a new station on return from any kind of leave.

Note 1.- The time reasonably required for journeys between the place of training

and the stations to which a Government employee is posted immediately before

and after the period of training should be treated as part of the training period. This

does not apply to probationers holding ‘training posts’ which they may be

considered as taking with them on transfer. Such probationers are entitled to

joining time when transferred.

Note 2.- When a Government employee holding a temporary post is offered

through his official superior another such post at some other stations at any time

before the abolition of his post, he is entitled to joining time.

Note 3.- No joining time, joining time pay or travelling allowance shall be granted to

a State Government employee who is appointed to a post under the Union

Government but joins his new post after termination of his employment under the

State Government by resignation or otherwise, unless the employment of a

particular Government employee is in public interest. The same applies to a

employee of the Union Government or of another State Government who, in similar

circumstances, is appointed to a post under the Haryana Government. Further,

when a Government employee of one department is appointed to a post in another

department, both departments being under the Haryana Government, but joins his

new post after termination of his employment under the old department, no joining

time, joining time pay or travelling allowance shall be allowed unless it is in the

public interest to do so. If joining time is allowed in any case it should be the

minimum necessary and should in no case exceed the transit period.

Note 4.- Joining time, joining time pay and travelling allowance of Government

employees appointed to posts under the Haryana Government on the results of a

competitive examination, which is open to both Government employees and

others, is regulated as under:-

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(a) travelling allowance, joining time and Joining time pay shall ordinarily be

allowed to all Government employees serving under the Union or State

Government who hold permanent post in a substantive capacity and that,

(b) no travelling allowance, joining time pay shall be granted in the case of those

who are employed in a temporary capacity without the sanction of Government,

(c) for the purpose of clause (a) above provisionally permanent and quasi-

permanent Government employees shall be treated as at par with the permanent

Government employees.

7.2. No joining time is allowed in cases when a Government employee is

transferred from one post to another in the same office establishment.

7.3. (a) A Government employee on transfer during a vacation may be

permitted to take joining time at the end of the vacation.

(b) Joining time may be combined with vacation and/or regular leave of any kind

except casual leave.

7.4. If a Government employee takes leave while in transit from one post to

another, the period which has elapsed since he handed over charge of his old post,

must be included in his leave. On the expiry of the leave the Government

employee may be allowed normal joining time.

Calculation of Joining Time

7.5. (a) The joining time of a Government employee, in cases involving a transfer

from one station to another with minimum distance 25 Km. or more, is subject to a

maximum of 30 days. He is entitled to six days for preparation. The Government

employees shall be allowed joining time with reference to the distance between the

old headquarters and the new headquarters by direct route and ordinary mode(s)

of travel as mentioned in the table given below: -

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S.No. Distance between the old

headquarters and the new

headquarters

1

Joining time admissible

inclusive of preparation days

2

1 Upto 500 kms. 08 days

2 501—1000 Kms. 10 days

3 1,001—2000 Kms. 12 days

4 2,001 Kms. and above. 15 days

(b) In case of transfer from one station to another station upto the distance of 25

Kms. and there is a change of residence, the Government employee will be entitled

to 3 days joining time only.

Note 1.- The days mentioned in column 2 of the table shall be inclusive of all

gazetted holidays including Sunday.

Note 2.- The joining time mentioned in column 2 of the table is inclusive of six

preparation days.

Note 3.- The joining time shall commence from the date of relinquishment of

charge of the old post if the charge is made over in the forenoon or the following

date if the charge is made over in the afternoon.

Note 4.- When a part of the journey is performed by steamer and the Government

employee had to wait for some time for departure of the steamer, the time so spent

will be added to the joining time shown in column 2 of the table.

Note 5.- The authority sanctioning the transfer may in special circumstances

reduce the period of joining time admissible under this rule. Note 6.- The transfer sanctioning authority may in special circumstances direct the

Government employee to join the new assignment immediately without availing

joining time, which may be availed later on.

Note 7.- The joining time shall only be admissible when the Government employee

is transferred in public interest. If the transfer is otherwise (request on behalf of

Government employee in any form), no joining time shall be admissible and he has

to avail regular leave for the transit period, if any.

7.6. Not more than one day is allowed to a Government employee in order to join

a new post when the appointment to such post does not necessarily, involve a

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change of residence from one station to another. A holiday counts as a day for the

purpose of this rule.

7.7. When holiday(s) follows joining time, the normal joining time may be

deemed to have been extended to cover such holiday(s).

7.8. Despite the route a Government employee actually travels, his joining time

shall, unless a competent authority for special reasons otherwise orders, be

calculated by the route which travellers ordinary use.

7.9. The joining time of a Government employee admissible under clause (b) of

rule 7.1 will be calculated by taking the distance from his old station from where he

proceeded on leave to the station of new assignment irrespective of receipt of

transfer orders at any place during the period of spending of leave. If he joins his

new appointment before the expiry of such leave plus the joining time admissible,

the period short taken should be considered as leave not enjoyed, and a

corresponding portion of the leave sanctioned should be cancelled.

7.10. If a Government employee already under transfer to a station and relieved,

is ordered for a change of station of posting while in transit, his joining time will

begin on the day following the day on which he receives the order in this regard.

Note 1.- In case new transfer orders are delivered to the Government employee at

the original station within the period of six preparatory days, the Government

employee shall be entitled to the joining time as admissible for the latter station,

under rule 7.5 as per revised transfer orders subject to adjustment of period

already spent before receipt of revised orders against preparation days.

Note 2.- If a Government employee in transit on transfer is directed to proceed to a

place different from that indicated in the initial transfer orders, he shall be entitled

to joining time already availed of upto the date of receipt of the revised orders plus

fresh spell of joining time on the basis of new distance from the date following the

date of receipt of revised orders. The fresh spell of joining time in such cases shall

be calculated from the place, at which he received the revised orders as if he is

transferred from that place, by reducing six preparatory days.

7.11. When a Government employee under the administrative control of the

Haryana Government is transferred to the control of the another Government, his

joining time for the journey to join his post under that Government and for the

return will be governed by the rules of that Government.

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Pay During Joining Time

7.12. A Government employee on joining time shall be regarded as on duty during

that period and shall be entitled to be paid as follows: -

(a) joining time pay equal to the pay which was drawn before relinquishment of

charge in the old post or new post whichever is less. He will also be entitled to

compensatory allowance(s) like House Rent Allowance and other compensatory

allowances as per conditions/provisions contained in Haryana Civil Services Rules,

Part VI – Other Compensatory Allowances Rules. He shall not be allowed

permanent travelling allowance.

(b) Where the joining time is granted under clause (b) of rule 7.1-

(i) if it is in continuation of leave which included a period of earned leave - pay

equal to the leave salary which he last drew during such earned leave; and

(ii) if it is in continuation of leave which did not include a period of earned leave-pay

equal to the leave salary which the Government employee would have drawn

under the leave rules would have drawn under the leave rules applicable to him as

if he had been on earned leave for the period of joining time;

Provided that-

(i) a Government employee on transfer shall not be entitled to any pay for the

period of joining time unless his transfer is in the interest of public service;

(ii) no joining time pay shall be granted to a Government employee who does not

held a permanent post under Government (including the Central and State

Governments) in a substantive capacity or a post under the Haryana Government

in a quasi-permanent capacity, when he is appointed to a new post on the results

of a competitive examination or interview which is open to both Government

employees and others.

Note 1.- A Government employee on transfer is not entitled to pay and allowances

during joining time unless his transfer is made in the public interest.

In such cases the Government employee may be granted regular leave by the

competent authority under the leave rules admissible to him even if the transfer is

at his own request to cover, the period after handing over charge at the old station

and before taking over at another, if the Government employee applies for it and

the competent authority is willing to sanction it. In case, however, where the

Government employee does not apply for leave to cover the period spent in transit,

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this period should be treated as “dies non” for purposes of leave, increment and

pension.

7.13. In cases in which the charge to be handed over at different places, the

relieving and the relieved Government employees are required by the orders of a

superior officer, to inspect together to complete the job of handing over and taking

over of charge. The period taken for handing over and taking over of charge shall

be treated as duty for the both relieving and relieved Government employees. The

Head of Office shall be competent to allow two days for handing over/taking over

the charge, if he considers essential and in case more period is required, the Head

of Department shall be the competent authority.

Note 1.- The Administrative Departments in consultation with Finance Department

shall fix the optimum period for their respective departments for handing

over/taking over the charge along with list of items to be handed over/taken over.

Overstayal and Extension of Joining Time

7.14. A Government employee who does not join his post within his joining time is

not entitled to any pay or leave salary at the end of the joining time. Willful absence

from duty after the expiry of joining time shall be treated as misbehaviour for the

purpose of rule 3.15 of Haryana Civil Services Rules, Part I – General Rules.

7.15. (a) A competent authority may in any case extend the joining time

admissible under these rules; provided the general spirit of rule is observed.

(b) Subject to maximum of thirty days, the Heads of Departments may, in the case

of Government employees under their control (other than those belonging to all-

India Services), extend the joining time admissible under the rules to the extent

necessary in the following circumstances :-

(i) When the Government employee has been unable to use the ordinary mode of

travelling or, notwithstanding due diligence on his part, has spent more time on the

journey than is allowed by the rules; or

(ii) when such extension is considered necessary for the public convenience or for

the saving or such public expenditure as is caused by unnecessary or purely

formal transfer;

(iii) when the rules have, in any particular case, operated harshly, as for example,

when a Government employee has though no fault on his part i.e. missed a

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steamer, fallen sick on the journey, delayed on account of blockade of

roads/railway track/ landslide/snowfall/strike/riots etc.

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CHAPTER VIII- Foreign Service and Local Funds Service

Section I - Extent of Application

8.1. The rules in this chapter apply to those Government employees only who

are transferred to foreign service.

General Conditions

8.2. (a) No Government employee may be transferred to foreign service

against his will:

Provided that this sub-rule shall not apply to the transfer of a Government

employee to another State/Union Territory Government against the prescribed

quota and to the service of a body, incorporated or not, which is wholly or

substantially owned or controlled by the Government.

(b) A transfer to foreign service outside India and in India may be sanctioned by a

competent authority subject to the conditions laid down in these rules and any

restrictions which it may deem fit to impose by general or special orders.

Note 1.- If a Government employee on foreign service in India is sent by his

employer out of India on duty he should continue to be treated as on foreign

service in India, but both in this case and in the converse case of a Government

employee on foreign service out of India deputed by his employer to India on duty

who similarly continues to be on foreign service out of India, the fact of the

Government employee being so deputed should be brought to the notice of the

lending authority as it might be necessary to reconsider the question of his

emoluments.

Note 2.- The Governments which will be entitled to recover pension contribution on

behalf of a Government employee lent to foreign service, should be regarded as

the Government competent to sanction the transfer.

Note 3.- No Government employee shall be transferred to foreign service unless

the foreign employer undertakes to afford him the privileges not inferior to those

which he would have enjoyed, had he remained in the service of the Government

of Haryana.

8.3. A transfer to foreign service is not admissible unless -

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(a) the duties to be performed after the transfer are such as should, for public

reasons, be rendered by a Government employee; and

(b) the Government employee transferred holds; at the time of transfer, a post paid

from Government revenues, or holds a lien on a permanent post, or would hold a

lien on such a post had his lien not been suspended.

Note 1.- Under this rule the transfer of a temporary Government employee to

foreign service is permissible.

Note 2.- If in any case a proposal is made that a Government employee should be

lent to a private undertaking, it is necessary that the principles of clause (a) of this

rule should be applied most rigorously, and in general the loan of a Government

employee to a private undertaking should be regarded as a very exceptional case

requiring special justification.

8.4. If a Government employee is transferred to foreign service while on leave he

ceases, from the date of such transfer, to be on leave and to draw leave salary.

Note 1.- A Government employee shall not be sent on foreign service one year

prior to the date of superannuation retirement. In case of a Government employee

already on foreign service and wants to take leave preparatory to retirement, he

shall be called back to the parent department and then only proceed on LPR.

8.5. (i) A Government employee transferred to foreign service shall remain in the

cadre or cadres in which he was included in a substantive or officiating capacity

immediately before his transfer, and may be given substantive or officiating

promotion in those cadres as the authority competent to order promotion may

decide. In giving promotion, such authority shall also take into account the nature

of the work performed in foreign service.

(ii) In any individual case, the competent authority may grant a Government

employee, outside his cadre but in his own line, such promotion as it considers he

would have got had he not been transferred to foreign service.

Note 1.- The words “in his own line” used in the above rule refer to posts to which a

Government employee may normally look for promotion in his own department or

office.

Note 2.- This rule should not be interpreted in such a manner as to allow

adventitious increments to a Government employee in foreign service merely

because he might , had he remained in Government service, have been fortunate

99

enough to secure promotion to a post outside the cadre of the service to which he

belongs.

8.6. A Government employee in foreign service, if appointed to officiate in a post

in Government service will draw pay calculated on the pay of the post in

Government service on which he holds a lien or would hold a lien had his lien not

been suspended and that of the post in which he officiates. His pay in foreign

service will not be taken into account in fixing his pay.

8.7. Except as provided in these rules, a Government employee transferred to

foreign service may not, without the sanction of the authority lending such services,

accept any benefit such as bonus, ex-gratia payments etc. from his foreign

employer in respect of such service.

Pay and Joining Time

8.8. A Government employee in foreign service will draw pay from the foreign

employer from the date on which he relinquishes charge of his post in Government

service subject to any restrictions which the competent authority may by general

orders impose. The amount of his pay, the amount of joining time admissible to him

and his pay during such joining time will be fixed by the authority sanctioning the

transfer in consultation with the foreign employer.

Note 1.- The restrictions given in Annexure A to this Chapter have been imposed

for regulating the amount of remuneration to be paid to Government employees on

foreign service in India. Contribution for Leave Salary, Pension, etc.

8.9. (a) While a Government employee is in foreign service, contribution

towards the cost of his pension shall be paid to Government revenues on his

behalf.

(b) If the foreign service is in India, contributions shall be paid on account of the

cost of leave salary also.

(c) Contribution due under clauses (a) and (b) above shall be paid by the

Government employee himself, unless the foreign employer consents to pay them.

They shall not be payable during leave taken while in foreign service.

(d) By special arrangement made under rule 8.17(b) contributions on account of

leave salary may be required in the case of foreign service out of India also, the

contributions being paid by the foreign employer.

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Note 1.- In the case of a Government employee in foreign service in India, a

contribution on account of leave salary is recoverable from the foreign employer

and in return for this contribution Government accepts the charge for leave salary.

As the rates prescribed for such contribution have been calculated on the basis of

the leave on full or half pay normally taken by a Government employee during the

total period of his service and do not take into account any compensatory

allowance which may form part of leave salary as defined in rule 2.28. It has been

decided that the whole expenditure in respect of any compensatory allowance for

period of leave in or at the end of foreign service shall be born by the foreign

employer. In order to avoid any misunderstanding it is desirable that a condition to

this effect should be inserted in the terms of transfer to foreign service.

Note 2.- When a Government employee is transferred to foreign service or when

the period of foreign service of a Government employee is extended, it should be

stipulated that contributions for pension and leave salary or for pension alone, as

the case may be, shall be recoverable at the rates in force from time to time.

Note 3.- Leave salary for maternity leave availed of by a female Government

employee while on foreign service shall be borne and paid for by the foreign

employer.

8.10. (a) The rates of contributions payable on account of pension and leave

salary shall be such as the competent authority may by general order prescribe.

(b) The rates of pension contribution are designed to secure to the Government

employee the pension that he would have earned by service under Government if

he had not been transferred to foreign service.

(c) The rates of contribution for leave salary are designed to secure to the

Government employee leave salary on the scale under the conditions applicable to

him. In calculating the rate of leave salary admissible, the pay drawn in foreign

service, less in case of Government employees paying their own contributions

such part of pay as may be paid as contributions, shall count for the purpose of

rule 32 of Leave Rules contained in Part II of these rules as pay on the last day of

duty.

Note 1.- The rates of contributions prescribed under this rule and the method of

their calculation are given in Annexure B and C to this chapter.

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Note 2.- For determining the monthly pension contribution payable during foreign

service the amount of non-practicing allowance appropriate to the maximum of the

scale of pay of the post shall be taken into account.

8.11. A competent authority may remit the contributions due in any specified case

or class of cases.

Note 1.- Medical Officers on foreign service in local fund charitable hospitals and

dispensaries are exempted from payment of leave salary and pension contributions

under this rule.

8.12. Contribution for leave salary or pension, due in respect of a Government

employee on foreign service, may be paid annually within fifteen days from the end

of each financial year or at the end of the foreign service, if deputation on foreign

service expires before the end of a financial year, and if the payment is not made

within the said period, interest unless it is specially remitted by the competent

authority must be paid to Government on the unpaid contribution by the

Government employee or the foreign employer as the case may be, at the rate of

two paise per day per Rs.100/- from the date of expiry of the period aforesaid upto

the date, on which the contribution is finally paid.

The leave salary and pension contributions should be paid separately as they are

creditable to different heads of accounts and no dues recoverable from

Government on any account should be set off against these contributions.

8.13. Interest on overdue contributions will only be remitted in exceptional

circumstances when, for instance, the payment of the contribution has been

delayed though no fault of the Government employee or the foreign employer

concerned.

8.14. A Government employee in foreign service may not elect to withhold

contributions and to forfeit the right to count as duty in Government service the

time spent in foreign employ. The contribution paid on his behalf maintains his

claim to pension or to pension and leave salary, as the case may be, in

accordance with the rules of the service of which he is a member. Neither he nor

the foreign employer has any right of property in a contribution paid, and no claim

for refund can be entertained.

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Leaves

8.15. A Government employee transferred to foreign service must, before taking

up his duties in foreign service, make himself acquainted with the rules or

arrangements which will regulate his leave during such service.

8.16. A Government employee in foreign service in India may not be granted

leave otherwise than in accordance with the rules applicable to the service of which

he is a member, and may not take leave or receive leave-salary from Government

unless he actually quits duty and goes on leave.

Note 1.- A Government employee on foreign service in India is himself personally

responsible, for the observance of this rule, by accepting leave to which he is not

entitled under the rules he renders himself liable to refund leave-salary irregularly

drawn, and in the event of his refusing to refund, to forfeit his previous service

under Government, and to cease to have any claim on Government in respect of

either pension or leave-salary.

8.17. (a) A Government employee in foreign service out of India may be

granted leave by his employer on such conditions as the employer may determine.

In any individual case the authority sanctioning the transfer may determine before

hand in consultation with the employer the conditions on which leave will be

granted by the employer. The leave salary in respect of leave granted by the

employer will be paid by the employer and the leave will not be debited against the

Government employees’ leave account.

Note 1.- Leave granted under this clause should be treated as leave and not as

duty.

(b) In special circumstances, the authority sanctioning transfer to foreign service

out of India may make an arrangement with the foreign employer under which

leave may be granted to the Government employee in accordance with the rules

applicable to him as a Government employee, if the foreign employer pays leave-

contribution at the rate prescribed under rule 8.10 (a).

Reversion from Foreign Service

8.18. A Government employee reverts from foreign service to Government service

on the date on which he takes charge of his post in Government service : Provided

that, if he takes leave on the conclusion of foreign service before rejoining his

post, his reversion shall take effect from such date as the competent authority may

declare.

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8.19. When a Government employee reverts from foreign service to Government

service, his pay will cease to be paid by the foreign employer, and his contributions

will be discontinued, with effect from the date of reversion.

Section II – Local Funds Service

8.20. Government employees paid from local funds which are administered by

Government are subject to the provisions of these rules contained in Part I to Part

VIII except rules 8.12 to 8.19 of this Chapter.

Note 1.- Employees of local funds administrated by Government who are not paid

from consolidated fund of the State and are, therefore, not Government employees

are subject to the provisions of Chapter I to IX of the rules.

Note 2.- The expression “Local Funds which are administered by Government”

means funds administered by bodies which by law or rule having the force of law

come under the control of Government in regard to proceedings generally and not

merely in regard to specific matters, such as the sanctioning of the budget or

sanction to the creation or filling up or particular posts or the enactment of leave,

pension or similar rules, in other words means funds over whose expenditure

Government retains complete and direct control.

8.21 The transfer of Government employees to service under local funds which

are not administered by Government will be regulated by the rules 8.1 to 8.19 of

this Chapter.

8.22. Persons transferred to Government service from a local fund which is not

administered by Government will be treated as joining a first post under

Government, and their previous service will not count as duty performed. A

competent authority may, however, allow previous service in such cases to count

as duty performed on such terms as it thinks fit.

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Annexure - A

(Referred to in note 1 to Rule 8.8)

The amount of remuneration to be granted to a Government employee transferred

to foreign service in India should be regulated by the following principles :-

(1) When the transfer of a Government employee to foreign service in India is

sanctioned the pay which he shall receive in such service must be precisely

specified in the order sanctioning the transfer. If it is intended that he shall receive

any remuneration or enjoy any concession of pecuniary value in addition to his

pay, the exact notice of such remuneration or concession must be similarly

specified. No Government employee will be permitted to receive any remuneration

or enjoy any concession which is not so specified, and , if the order is silent as to

any particular remuneration or concession, it must be assumed that the intention is

that it shall not be enjoyed.

(2) The following two general principles must be observed in sanctioning the

conditions of transfer :-

(a) The terms granted to the Government employee must not be such as to impose

an unnecessarily heavy burden on the foreign employer.

(b) The terms granted must not be so greatly in excess of the remuneration which

the Government employee would receive in Government service as to render

foreign service appreciably more attractive than Government service.

Note 1.- The intention of this principle is to prevent undue increase in the

emoluments of the individual Government employee transferred to foreign service.

His pay in foreign service should, therefore be fixed rather with reference to the

post which he would have held under Government had he not been transferred

than with reference to the post in India corresponding to that held by him in foreign

service.

(3) Provided that the two principles laid down in paragraph (2) above are

observed, a competent authority may sanction the grant of the following

concessions by the foreign employer. Such concession must not be sanctioned as

a matter of course but in those cases only in which their grant is in accordance with

local custom and the wishes of the foreign employer, and is, in the opinion of the

competent authority justified by the circumstances .The value of the concessions

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must be taken into account in determining an appropriate rate of pay for the

Government employee in foreign service: -

(a) The payment of contributions towards leave salary and pension under the

ordinary rules regulating such contributions.

(b) The grant of travelling allowance under the ordinary travelling allowance rules

of the Haryana Government or under the local rules of the foreign employer and

shall have provision of permanent traveling allowance and conveyance allowance.

(c) the grant of free residential accommodation which may be furnished, in cases

in which the competent authority considers this to be desirable, on such scale as

may seem proper to that authority.

(d) The use of motors and carriages.

(e) Payment by the foreign employer of such compensatory allowance as would

be paid by Government at the station at which he is employed in foreign service

where the Government employee is in the service of Government.

(4) The grant of any concession not specified in paragraph (3) above requires the

sanction of the Finance Department.

(5) Specific terms in regard to travelling allowance to be allowed to Government

employees for journeys on transfer to foreign service, and on reversion there from,

should invariably be prescribed by sanctioning authorities in consultation and

agreement with the foreign employer i.e., it should be made clear in the orders

sanctioning the transfer whether the travelling allowance for such journeys, which

is payable by the foreign employer is to be regulated by the Haryana Travelling

Allowance Rules or by the rules framed by the foreign employer.

(6) The foreign employers should in the case of Government employees

transferred to foreign service accept liability for leave salary in respect of disability

leave granted on account of disability incurred in and through foreign service, even

though such disability manifests, itself after the termination of foreign service. The

leave salary charges for such leave should be recovered direct from foreign

employers. The foreign employer is liable to pay leave salary charges, if it is

medically certified that the disability has been incurred in or through foreign

service, irrespective of the period that has elapsed between the date of reversion

and the date of manifestation of the disability.

Note 1.- See also the instructions contained in Haryana Government letter No.

13/5/(5)/86-5 FR-1, dated 17.03.1987 and letter No.13/2 (79)/2001-5 FR, dated

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01.02.2002 regarding the grant of deputation allowance of Haryana Government

employees who are transferred on deputation/foreign service to other State

Government including Central Government or bodies ( incorporated or not ) wholly

or substantially owned or controlled by the Government : provided that the transfer

is outside the regular line and is in public interest.

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Annexure - B

(Referred to in note 1 under Rule 8.10)

The following rates of contributions have been prescribed by Government under

rule 8.10 (a) :-

(1) The rate of monthly contribution for leave salary payable during active foreign

service in respect of Government employee will be 11% of pay drawn in foreign

service.

Note 1.- Recovery of leave contribution in respect of joining time taken under rule

7.1 (b) while proceeding to foreign service should be based on the pay that the

Government employee would draw on the assumption of office in foreign service.

Note 2.- The term “Pay” means as pay defined in rule 2.37(a)(i) of these rules.

(2) The following instructions should be observed in the calculation of the amounts

of contributions :-

(i) The term “active foreign service” in paragraph 1 above is intended to include the

period of joining time which may be allowed to a Government employee both on

the occasion of his proceeding to and reverting from foreign service, and

accordingly contributions are leviable in respect of such periods.

(ii) “Length of service” means the entire service running from the date from which

service for pension commences or is likely to commence.

(iii) The leave salary contribution for the period of joining time taken by a

Government employee in continuation of leave under clause (b) of Rule 7.1 before

reversion from foreign service should be calculated on the pay he was getting

immediately before he proceeded on leave.

(iv) When a temporary Government employee is transferred to foreign service

pension contributions should be recovered as in the case of permanent

Government employees.

In such cases the recovery of contributions for leave salary does not present any

difficulty, the amounts being calculated on the pay actually drawn in foreign

service.

(v) In the case of Government employees mentioned in rule 4.2 of Pension Rules

contained in Part III of these rules, the period which they are entitled to add under

that rule to their service qualifying for superannuation pension should be taken into

account in reckoning “length of service” for determining the rates of foreign service

contribution on account of pension prescribed .

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109

Annexure - C

(Referred to Note 1 under Rule 8.10)

The following rates of contributions have been prescribed by Government under

rule 8.10 (a) :- Rates of Monthly Contribution of Pension

Effective from 01.12.1982:-

Year of service

Rates of monthly contributions expressed as percentage of the monthly pay i.e. band pay plus grade pay in the revised pay structure, of the post in the officiating/substantive capacity, as the case may be, held by the Government employee at the time of proceeding on foreign service.

Group “A” Group “B” Group “C” Group “D” 0-1 Year 7% 6% 5% 4% 1-2 Years 7% 6% 6% 4% 2-3 Years 8% 7% 6% 5% 3-4 Years 8% 7% 7% 5% 4-5 Years 9% 8% 7% 5% 5-6 Years 10% 8% 7% 6% 6-7 Years 10% 9% 8% 6% 7-8 Years 11% 9% 8% 6% 8-9 Years 11% 10% 9% 7% 9-10 Years 12% 10% 9% 7% 10-11 Years 12% 11% 10% 7% 11-12 Years 13% 11% 10% 8% 12-13 Years 14% 12% 10% 8% 13-14 Years 14% 12% 11% 8% 14-15 Years 15% 13% 11% 9% 15-16 Years 15% 13% 12% 9% 16-17 Years 16% 14% 12% 9% 17-28 Years 16% 14% 13% 10% 18-19 Years 17% 15% 13% 10% 19-20 Years 17% 15% 13% 10% 20-21 Years 18% 16% 14% 11% 21-22 Years 19% 16% 14% 11% 22-23 Years 19% 17% 15% 11% 23-24 Years 20% 17% 15% 12% 24-25 Years 20% 17% 16% 12% 25-26 Years 21% 18% 16% 12% 26-27 Years 21% 18% 16% 13% 27-28 Years 22% 19% 17% 13% 28-29 Years 23% 19% 17% 135 29-30 Years 23% 20% 18% 13% Over 30 years 23% 20% 18% 14%

Note 1.- The term monthly pay denotes the pay as defined in Rule 2.37(a)(i) of

these rules, of the post held by Government employee at the time of his

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proceeding on foreign service or to which he may receive by proforma promotion

while in foreign service.

Note 2.- The above rates of pension contributions include an element for the grant

of extraordinary pension also.

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Chapter IX - Record of Service 9.1. (1) A record of service of a Government employee shall be maintained

in Form GR No. 2 contained in Haryana Civil Service Rules, Part I – General

Rules. The leave account of the Government employee shall also be maintained in

Form LR No. 2 and 3 of Leave Rules in Part II of these rules, (see rule 14 and 38).

These two documents in a single binding shall be termed as “Service Book”. The

service book of the Government employee shall be maintained by the Head of

Office in which he is employed. The instructions for maintenance of service book

are given at Annexure to this Chapter.

(2) When an employee is transferred from one office to another office or from

one department to another department, the head of the office from which he is

transferred shall complete the leave account and make other entries in the service

book upto the date of transfer and send the service book to the Head of the office

to which the Government employee is transferred. The service record of the

transferred employee shall be maintained further by that office.

9.2. The service book shall be maintained for a Government employee from the

date of his first appointment to Government service and shall be supplied by the

Government at its own cost. It must be kept in the safe custody of Head of Office

in which he is serving and transferred with him from office to office. The

Government employee shall be entitled to have a photocopy of service book duly

attested, on quitting Government service on retirement, discharge or resignation,

on payment of a copying fee of Rs. 200/-. He shall also be at liberty to have a

photocopy of service book duly attested after putting every ten years of service on

payment of a copying fee of Rs. 20/- for his personal record.

9.3. Every step in a Government employees official life must be recorded in his

service book, and each entry must be attested by the head of his office or, if he

himself is the head of an office, by his immediate superior. The head of the office

must see that all entries are duly made and attested, and that the service book

contains no erasure or over writing, all corrections being neatly made and properly

attested.

Note 1.- The head of an office may authorize any gazetted Government employee

serving under him to attest entries in the service book of a Government employee.

This will not, however, relieve the head of the office of his responsibility for the

accuracy of the entries so attested.

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9.4. Every period of suspension from employment and every other interruption in

service should be noted with full details of its duration, by an entry written across

the page in red ink and attested by the Head of Office or other attesting officer. The

attesting officer should take efficient measures to see that all the entries are made

with regularity .

9.5. Personal certificates of character shall not, unless the head of the

department so directs, be entered in a service book, but if a Government employee

is reduced to a lower post, the cause of the reduction should always be briefly

stated i.e. “Reduction for inefficiency“, “Reduction owing to revision of

establishment”, etc. This entry shall be made in red ink.

9.6. It is the duty of every Government employee to see that his service book is

properly maintained as prescribed in rule 9.2 in order that there may be no difficulty

in verifying his service for pension. It shall be the duty of head of office to initiate

action to show the service book to the Government employee every year and to

obtain his signature therein in token of his having inspected the service book. The

Government employee shall inter-alia ensure before affixing his signature that his

services have been duly verified and certified correctly.

9.7. If the Government employee is transferred to foreign service, the head of

office shall send his service book after recording the necessary entries of foreign

service, to the concerned office in which he has been sent on foreign service.

Every step of Government employee’s official life in foreign service shall be

recorded in his service book, and be attested by the head of that office. The Head

of Department, on repatriation of Government employee to the parent department,

shall check all the entries recorded in service book during foreign service for

correctness. The Head of department shall also record a certificate in service book

regarding total period of foreign service and recovery of leave salary and pension

contribution from the foreign employer at correct rates.

9.8. (a) In case the service book of a Government employee has been

misplaced and is not traceable after putting all diligent efforts, the matter shall be

reported immediately to the Head of the Department. The Head of Department

shall arrange to recast the record of service of such Government employee from

the office record, wherever available.

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(b) The attested photocopy of service book obtained by a Government

employee for his personal record under rule 9.2 shall be considered as an

authentic record for recasting of service book.

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Annexure [Refer to Rule 9.1(1)]

Instructions for maintenance of service book Part I –Bio Data

1. Entries in this part will be made at the time of first appointment of the Government employee and attested by the head of office or any other officer duly authorized in this behalf . Additions and alterations in this part will also be similarly attested by the Head of Office or authorized officer. 2. Signature or left hand thumb impression of the government employee concerned will be obtained in the presence of the head of office or authorised officer.

Part II – Certificate and Attestation 3. The first seven certificates will be recorded at the time of initial appointment of the government employee and the remaining three, at the appropriate stages. In particular before certifying item 4 regarding the oath of secrecy, the head of office will ensure that a copy each of Official Secrets Act and Government Employees Conduct Rules,2012 contained in Part VII of Haryana Civil Services Rules, are made available to the Government employee concerned for formally noting their contents. 4. The blank space in this part may be utilized for recording other certificates like those concerning exercise of options in service matters and passing of departmental and language tests, if and when necessary. 5. The declarations, nominations and related notices like changes in nominations for G.P.F., D.C.R.G. and Family Pension testimonials and other documents referred to or relied upon in this part will be placed in a folder titled “ Volume II of service book ------------------- “ to be kept by the head of office in safe custody.

PART III (a) – Previous Qualifying Service 6. This part will be posted only where no service book is available in respect of the past service which has to be admitted on the basis of collateral evidence. 7. Entries made in this part should be attested by the head of office or any other officer duly authorized in this behalf. 8. The purpose for which the previous service has been accepted as “ qualifying” should also be specified, e.g., leave, pay, pension, etc.

PART III (b) – Foreign Service 9. Columns 1,3 and 4 will be posted after receipt of an intimation from the foreign employer about the Government employee having reported for duty on foreign service. 10. Column 2 will be filled after the reversion of the Government employee from foreign service.

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11. Entry in column 4 will be brief, i.e., ‘ foreign employer or ‘government employee’, as may be appropriate.

Part IV – History and Verification of Service 12. Entries in this part will be made at the time of initial appointment and thereafter, on the occurrence of events involving a change in the post, office, station, scale of pay/pay structure or nature of appointment. Such events will include appointment, promotion, reversion, deputation, transfer (including transfer on foreign service), increment, leave and suspension. 13. Entries regarding confirmation, quasi-permanency and suspension and other forms of interruption in service, will be made in red ink. 14. Column 3 in respect of a particular entry will be posted at the time of making the next entry. 15. Column 4 in respect of second and subsequent entries need be filled only if there is a change in the post, scale of pay/pay structure , office or station. 16. Columns 5 and 6 will show different components of pay separately, thus “ 16190 Band Pay + 4600 Grade Pay + 100 special pay + Rs. 100 Personal Pay in PB 2, Rs. 9300-34800 + 4600 Grade Pay.” 17. Column 7 concerning an entry will be posted at the time of making the next entry. In the case of leave , this column will also indicate nature of leave. 18. Before putting his signatures in column 8, the attesting officer will ensure that there is no un-explained gap between the date shown in column 2 of the entry he has attested and column 3 of the preceding entry. 19. At the beginning of the year or at the time of transfer of service documents to another Office. if this event occurs earlier entries in column 2-7 will be verified, with reference to relevant records in terms of Rule 6.14 of H.F.R. Vol.1. While putting his signatures in column 9, the verifying officer will indicate the S. No. of the entries he has verified and the records from which verified. He will also ensure that there is no gap between the S. No. of the first entry verified by him in the instant case and that of the last entry certified as having been verified on the last occasion. 20. If for unavoidable reasons, it is not possible to show the service book to the employee and to obtain his signature in col. 10, an abstract in the prescribed form will be communicated to him for acknowledgement and return. On receipt back, such acknowledgement will be kept in volume II of the service book. 21. Events like stoppage of increment, enforcement of efficiency bar, which do not affect entries in column 1-5, will be briefly noted in column 11.

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22. Abstract of service rendered by--------------------------------------------(name) ,during the years 20-----------------(designation and office)--------------------.

Period qualifying as service for the Period, if any, not qualifying as service, and purposes of pension/D.C.R.G. reasons therefor From (Date)

To (Date) Period From (Date)

To (Date) Period Reasons

1 2 3 4 5 6 7 Signature of Head of office I hereby acknowledge the receipt of the abstract of service rendered by me during-------------------and “accept it as correct”/ “do not accept it for reasons indicated below”.

Signature of the Government Employee

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Chapter X — Classification of Services/Conduct and Discipline/Punishment and Appeals

Section 1 - Classification of Services (a) General

10.1. Besides the all-India Services which are under the rule-making control of the

President of India, the public services under the administrative control of the

Haryana Government shall be classified as follows:-

(i) the State Services, Group A;

(ii) the State Services, Group B;

(iii) the Specialist Services;

(iv) the State Services, Group C;

(v) the State Services, Group D.

10.2. In the case of a person to whom these rules apply and who is not already

included in any of the services given in rule 10.1 the competent authority shall

decide the service to which he shall belong.

10.3. Save where former appointment of a Government employee has been

terminated by his removal under rule 5 of the Haryana Civil Services Rules, Part

VIII - Punishment and Appeal Rules, 2012, no appointment of a person who is

included in a service to any other service or post shall operate to deprive him,

without his consent of any right or privilege to which he may have been entitled as

a member of his former service.

10.4. A competent authority may make rules regulating: -

(I) the method of recruitment to the different services;

(2) the strength (including both the number and character of posts) of such

services; and

(3) the making of first appointment to the different services.

Note 1.- Rules relating to the subjects mentioned in this rule for the different

services have been issued separately by the departments concerned.

Note 2.- The extent up to which the various departments and heads of departments

or their subordinate authorities exercise powers in respect of the creation or

abolition of both permanent and temporary posts are given in Chapter XI.

Note 3.- Although a competent authority has full power to create posts and to fix

the pay thereof under the rule, the sanction of the Government of India is

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necessary to the holding in abeyance of a post borne on the cadre of the All-India

Services, and the creation in its place a temporary post of different status.

Note 4.- (a) Short term vacancies, the duration of which exceeds two months by an

appreciable margin may be filled up in the normal manner by the authorities

competent to make appointments against the posts.

(b) Officiating promotion in vacancies of two months duration or less/continuous

chain of vacancies in the same grade each of a duration of two months or less, but

which taken together extend beyond two months should not as a rule, be made

save in very exceptional circumstances with prior approval of the Administrative

Secretary concerned in case of gazetted appointment and of Heads of

Departments in case of Non-gazetted appointments:

Provided that in the case of Haryana Vidhan Sabha such appointment except that

of Secretary shall be made by the Speaker.

(b) State Services, Group A, B and Specialist Services

10.5. The State Services, Group A and B, consist of such services as the

competent authority may from time to time declare by notification in the Official

Gazette to be included in Group A or B Services.

Note 1.- For the list of services declared as State Services, Group A or B , see

Schedule at the end of this Chapter.

10.6. The Specialist Services shall consist of such services (other than All-India

and State Services, Group A or B) as the Government may from time to time by

notification in the Official Gazette declare to be Specialist Services.

(c) Other Services

10.7. State Services Group C or D include persons to whom these rules apply and

who are not already included in any of the services comprised in (i), (ii) and (iii) of

rule 10.1.

Section II - Conduct and Discipline

10.8 A competent authority, may make rules to regulate the conduct of members

of the State Services, and holders of special posts.

Note 1.- Rules issued under this rule are contained in Haryana Civil Services

Rules, Part VII – Government Employees Conduct Rules, 2012.

Section III — Punishment and Appeals

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10.9. A competent authority may issue rules specifying the penalties which may

be imposed on members of the services and the procedure for preferring appeals

against the imposition of such penalties.

Note 1.- Rules issued under this rule are contained in Haryana Civil Services

Rules, Part VIII - Punishment and Appeal Rules, 2012.

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Schedule (See note below Rule 10.5)

List of State Services

(1) Haryana Accounts (Group-A) Service.

(2) Haryana Accounts (Group-B) Service

(3) Haryana Agricultural (Group-B) Service.

(4) Haryana Agricultural Directorate (Group-B) Service.

(5) Haryana Architecture Department Ministerial (Group-B) Service.

(6) Haryana Archives Department (Group-A) Service.

(7) Haryana Archives Department (Group-B) Service

(8) Haryana Ayurvedic (Group-B) Service

(9) Haryana Civil Medical Service (Class-II).

(10) Haryana Civil Services (Group-A) Service.

(11) Haryana Consolidation of Holdings Department (Group-B) Service

(12) Haryana Dairy Development (Group-A) Service.

(13) Haryana Dairy Development (Group-B) Service.

(14) Haryana Development and Panchayats Department (Group-A) Service

(15) Haryana Development and Panchayats Department (Group-B) Service

(16) Haryana Drugs (Group-A) Service

(17) Haryana Drugs (Group-B) Service

(18) Haryana Education (College Cadre) Group-A Service

(19) Haryana Education (College Cadre) Group-B Service

(20) Haryana Education Department (State Service) (Group-B)

(21) Haryana Electrical Inspectorate (Group-A) Service

(22) Haryana Excise And Taxation Department (Group-A) Service

(22) Haryana Excise And Taxation Commissioner’s (Group-B) Service

(23) Haryana Finance Department Treasuries (Group-B) Service

(24) Haryana Finance Treasuries And Accounts Department (Group B) Service

(25) Haryana Financial Commissioner’s Office (Group-B) Service

(26) Haryana Fisheries Department (State Service) (Group-A)

(27) Haryana Fisheries (Group-B) Service

(28) Haryana Forensic Science (Group-B)Scientific Staff

(29) Haryana Forensic Science (Group-B) Service

(30) Haryana Forest Department State Service Ministerial (Group-B)

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(31) Haryana Health Department Dental (Group-B) Service

(32) Haryana Health Department Ministerial (Group-B) Service

(33) Haryana Health Department Non-Medical Laboratory Service (Group-B) State

Service

(34) Haryana Health Department Non-Medical Gazetted Officers Statistical

(Group-A) Service

(35) Haryana Health Department Non-Medical Health Education Nutrition And

Dietics (Group-B) Service

(36) Haryana Health Department Non-Medical Gazetted Officers Statistical (Group-

B) Service

(37) Haryana Health Department Media Extension (Group-B) Service

(38) Haryana Health Department Non-Medical Gazetted Officers Transport (Group-

B) Service

(39) Haryana Industrial Training And Vocational Education Department (Group-A)

Service

(40) Haryana Industrial Training And Vocational Education Department (Group-B)

Directorate And Field Offices Service

(41) Haryana Industries (Group-A) Service

(42) Haryana Industries (Group-B) Service

(43) Haryana Labour Department (Group-A) Service

(43) Haryana Labour Department (Group-B) Service

(44) Haryana Land Records Organization Statistical (Group-A) Service

(45) Haryana Land Records Statistical (Group-B) Service

(46) Haryana Law And Legislative Department State (Group-A) Service

(47) Haryana Law And Legislative Department State (Group-B) Service

(48) Haryana Local Fund Audit (Group-B) Service

(49) Haryana Mines And Geology (Group-A) Service

(50) Haryana Mines And Geology (Group-B) Service

(51) Haryana Police Clerical (State Service Group-B)

(52) Haryana Prisons Service (Class-I)

(53) Haryana Public Relations Department (Group-A) Service

(54) Haryana Public Service Commission (Group-A) Service

(55) Haryana Public Works Department (B & R Branch) Headquarters Office

Ministerial (Group-B) Service

122

(56) Haryana Public Works Department (Irrigation Branch) Deputy Collectors

(Group-B) Service

(57) Haryana Public Works Department (Public Health Branch) Headquarters

Office Group-B Service

(58) Haryana Revenue (Group-B) Service

(59) Haryana Revenue Department Divisional Subordinate (Group-B) Service

(60) Haryana Service Of Architects (Class-I)

(61) Haryana Service of Architects (Class-II)

(62) Haryana Service Of Engineers (Horticulture) Group-A, P.W.D. (B & R Branch)

(63) Haryana Service Of Engineers (Horticulture) Public Works Department

(Buildings And Roads Branch) (Group B ) Service

(64) The Haryana Service Of Engineers, Class II, Public Works Department

(Irrigation Branch)

(65) The Haryana Social Defence And Security Department (Group-A) State

Service

(66) Haryana State Co-operative (Group-A) Service

(67) Haryana state Co-operative (Group-B) Service

(68) Haryana State Education (Group-A) Service

(69) Haryana Supplies And Disposal Directorate (Group-B) Service

(70) Haryana Technical Education Department (Group-A) Service

(71) Haryana Technical Education Department (Group-B) Service

(72) Haryana Transport Department (Group-A) Service

(73) Haryana Transport Department (Group-B) Service

(74) Haryana Vidhan Sabha Secretariat Service

(75) Haryana Welfare of Scheduled Castes And Backward Class Department

(Group-B) Service

(76) Haryana Women And Child Development Department (Group-A) Service

123

Chapter XI - Competent Authority under various rules

11.1. With reference to rule 2.10, the authorities mentioned in the table given

below this rule, shall exercise the powers of a competent authority under the

various rules.

Note 1.- The following provisions apply in the matter of the creation of posts :-

(i) The power to create a permanent post may, unless there exists a specific power

in respect of similar temporary post, be held to cover a temporary post within the

same limits.

(ii) The term “pay” does not include “special pay”.

(iii) To allow any person to work on part-time basis, who is paid from the

“contingencies” as per provisions contained in rule 19.6 of Haryana Financial

Rules, Volume-I, shall not be considered for creation of post.

(iv) The powers in regard to the creation of posts are intended to be exercised in

individual cases only. Proposals involving a general addition to the establishment

of a number of offices should be referred to Finance Department.

Note 2.- The Administrative Departments and the Heads of the Departments

concerned may re-delegate the powers, delegated to them in the table given

below, to any officer under them at their headquarter offices on their own overall

responsibility and subject to such conditions and restrictions as they may like to

impose. Copies of such orders should invariably be endorsed to the Finance

Department and the Accountant General, Haryana.

SrNo.

Number of rule

Nature of Power Authority to which the power is delegated

Extent of power delegated

1 2 3 4 5 1. 2.12 (a)

(1)

Power to sanction the absence of a Government employee on duty beyond his sphere of duty i.e. journey beyond jurisdiction

Departments of Government Heads of Departments Heads of Offices

Full powers Full powers upto 60 days Full powers upto 10 days within the state

2. 2.12 (b) (6)

Power to sanction compulsory waiting period as duty.

Departments of

Upto 42 days

124

Government Heads of Departments

Upto 30 days

3. 2.12 (b) (7)

Power to sanction period of enforced halt as duty.

Departments of Government Heads of Departments

Full powers Upto 30 days

4. 2.16 (b) (9)

Power to permit a Government employee to appear for in-service optional examination

Heads of Departments

Full powers

5. 2.23 To appoint an authority to exercise the powers of a Head of Office.

Departments of Governments

Full powers. A copy of the orders should be simultaneously endorsed to the Finance Department

6. 2.24 (b) Power to declare a Government employee’s headquarters

Departments of Government Head of Departments Heads of offices

Full powers Full powers in case of Government employees of Group B, C and D and also Group A Officers upto district level. Full powers in case of Government employees whom they can appoint

7. 2.35 Power to appoint a Government employee to officiate in a vacant post.

Department of Government Heads of Departments Heads of offices

Full powers Full powers in case of non-gazetted Government employees and upto four months in case of Group B Officers Full powers in case of Government employees to whom they can appoint

8. 2.45. Powers to define the limits of a Government employee’s sphere of duty

Departments of Government Heads of Departments

Full powers Full powers in case of all Government employees of Group B, C and D and also

125

Heads of offices

Group A Officers upto district level. Full powers in case of those Government employees whom they can appoint

9. 3.14 Power to transfer a lien. Departments of Government Heads of Departments

Full powers Full powers in respect of Group C and D Government employees

10.

3.18 and 3.19

Power to relax the provisions of rule 3.18 and 3.19.

Departments of Government Heads of Departments

Full powers Full powers in case of all Government employees of Group B, C and D and also Group A Officers upto district level

11 3.22 (a) Powers to retain in exceptional circumstances a non-gazetted Government employee in service after the age of 58.

Departments of Government

Full powers subject to a maximum of two years

12 Note 6 below rule 4.3

Power to issue a declaration as to the relative degree of responsibility attaching to two posts in case of doubt.

Departments of Government and Heads of Departmentss

The certificate will be issued by the Administrative Department concerned in respect of the new post, in cases where the two posts are in different Departments and by the Head of Department concerned where the two posts are in the same Department.

13 4.7 Powers to withhold increment(s)

(i)Authorities specified in the service rules (ii)Appointing Authorities in cases where no service rules have been issued

To the extent specified in the Service Rules. Full powers

14 4.8 Power to sanction the crossing of efficiency bar.

Heads of Departments

Full powers

15 4.10 Power to grant premature increments to a Government employee in a time-scale of pay in order to fix initial pay in

Departments of Government

Full powers in the following cases and subject to the following conditions- (a)In cases where the individual

126

excess of the amount permissible under rules 4.3 and 4.13.

concerned does not apply for benefit under rule 4.10 for fixation of his pay within three months of the date on which the occasion for re-fixation of his pay arises, no arrears shall be allowed in respect of the period prior to the date of application or, if there is no such application, the date of first reference by the Head of Office. (b) In cases other than cases of re-employment after resignation, removal or dismissal from the public service where a Government employee has previously rendered service in a post in higher time scale including service rendered on work- charged post, his service in the higher post may be allowed to count for purposes of increments in the lower post. (c) Where the Public Service Commission/ Staff Selection Commission recommends a higher start in fixing the initial pay by allowing not more than five advance increments the Administrative Department may sanction the pay so recommended for a period upto six months, with a stipulation to the effect that the pay would be finally fixed by the Finance Department. And if pay finally fixed is less, no recovery would be effected in respect of the initial period upto six months. In cases where more than five advance increments are recommended, prior approval of Finance Department should be sought.

16 4.17 Power to reduce the pay of officiating Government employees.

Heads of Departments

Full powers

127

17 4.22 Power to appoint a Government employee to hold temporarily or to officiate in more than one post.

Departments of Government Heads of Departments

Full powers Full powers in respect of non-gazetted Government employees and Group B Officers

18 4.22 Power to fix the initial pay of a Government employee appointed to hold temporarily or to officiate in more than one post.

Departments of Government. Heads of Departments

Full powers subject to the limits and principles laid down in rule 4.22. Full powers up to Group B Officers.

19 7.8 Power to permit the calculation of joining time by a route other than that which travellers habitually use.

Heads of Departments

Full powers.

20 7.15 (a) Power to grant extension of joining time.

Departments of Government Heads of Departments

Full powers Upto 30 days

21 8.2 (b) and 8.8

Power to transfer a Government employee to foreign service; and power to allow pay in foreign service

Departments of Government Heads of Departments

Full powers in respect of Group A and B employee Full powers in respect of Group C and D employee subject to the conditions in Annexure A to Chapter VIII

22 Rule 8.18.

Power to decide the date of reversion of a Government employee returning after leave from foreign service.

Heads of Departments

Full powers

23 Rule 10.4

Creation or abolition of permanent/temporary posts.

Departments of Government with concurrence of Finance Department

Full powers

128

24 Rule 10.4

Creation of posts in connection with plan schemes, as provided in the State Five Year plans.

All Departments of Government with concurrence of Finance Department

Full powers for creating posts : provided that- (i) these are on the same scale of pay, grade pay or as for similar existing posts; (ii) the concurrence of the Planning Department is obtained before creating such posts (in the event of difference of opinion between the Administrative Department and the Planning Department , the matter shall be referred to Finance Department); (iii) the creation of posts is in accordance with the norms regarding work load, if already prescribed

129

Model Agreement Form GR No. I Agreement for engaging a person on contract ARTICLES OF AGREEMENT made the ------- day of --------------- two thousand and

----------- BETWEEN----------------of the one part and the Governor of Haryana (

hereinafter called “THE GOVERNMENT’) of the other part.

WHEREAS THE GOVERNMENT have engaged the party of the first part and the

party of the first part has agreed to serve the GOVERNMENT on the terms and

conditions hereinafter contained.

NOW THESE PRESENT WITNESS AND the parties hereto respectively agree as

follows :-

1.The party of the first part shall submit himself to the orders of the Government

and of the officers and authorities under whom he may from time to time be placed

by the Government and shall remain in the service for the terms of ----------- periods

commencing from the ----------day of-----------------20 . subject to the provisions

herein contained.

2. The party of the first part shall devote his whole time to his duties and at all

times obey the rules including the Government Employees Conduct Rules

prescribed from time to time for the regulation of the branch of the Public Service to

which he may belong and shall, whenever required, proceed to any part of India

and there perform such duties as may be assigned to him.

3. That he/she shall whenever so required to do by the Government furnish a cash

security in such form as Government may require and execute a bond for the due

performance of all the duties required of him/her where the duties require handling

of cash, stores, etc.

4. The service of the party of the first part may be terminated as follows: -

(1) At the end of the contracted period by either party without notice.

(2) At any time one month notice in writing given to him by the Government if, in

the opinion of the government the party of the first part proves unsuitable for the

efficient performance of his duties during service under this agreement. The first

party may also quit by giving one months notice to the Government.

130

(3) By the Government without previous notice if the Government are satisfied on

medical evidence that the party of the first part is unfit and is likely for a

considerable period to continue unfit by reason of ill-health for the discharge of his

duties.

(4) By the Government or their officers having proper authority without any

previous notice if the party of the first part shall be guilty of any insubordination,

intemperance or other misconduct or of any breach or non-performance of any of

the provisions of these presents or of any rules pertaining to the branch of the

public service to which he may belong.

6. The party of the first part is appointed as ----------- on a fixed monthly

remuneration of Rs. .. and the amount shall not be varied during the

contractual period.

7. The party of the first part shall be eligible subject to the exigencies of the Public

Service, for leave and leave salary under rule 65 of Leave Rules contained in Part

II of the Haryana Civil Services Rules.

9. If the party of the first part is required to travel in the interests of the public

service, he shall be entitled to travelling allowance on the rates admissible to the

Government employees of his equal status.

10. The matter in respect of which no provision has been made in this agreement

the provisions of the rules framed under proviso to Article 309 of the Constitution

of India, shall apply to the extent to which they are applicable to the service hereby

provided for and the decision of the Government as to their applicability shall be

final.

11. Stamp duty, if any, on this instrument shall be borne by Government.

In witness where of the party of the first part and ------------------ to the

Government of Haryana, in the Department of ---------------- on behalf of the

Governor of Haryana have hereunto set their hands the day and year first above

written.

Signed by--------------the party of the first part in the presence of----------------------.

Signed by the --------------said ---------------to the Government of Haryana,

Department of ----------------of --------------------------------

on behalf of the Governor of Haryana

131

in the presence of ---------------------.

132

Form GR No. 2

[see rule 9.1(1)]

Service Book of Shri/Smt./Kumari

I. BIO-DATA * Photograph

1. Name in full ( in block letters)

Shri/Smt./Kumari

2. Father’s name ( in block letters)

3. Mother’s name ( in block letters)

4. Husband’s/Wife’s name ( in block letters)

5. Nationality

6. Whether a member of Scheduled Caste/Tribe?

7. Date of birth ( both in words and figures)

8. Educational Qualifications:

(a) at the time of first appointment

(b) subsequently acquired

9. Professional and technical qualifications not covered by 8

10. Exact height by measurement ( without shoes)

11. Personal mark of identification

12. Permanent Home Address

13. Signature of the Government employee

(with date)

14. Signature and designation of attesting

officer ( with date)

*To be attested by the Head of Office

Note.—*Photograph should be renewed after 10 years of service of Government

employee.

133

II Certificate and Attestation

Serial

No.

Subject Certificate Signatu

re and

designa

tion of

the

certifyin

g officer

1 2 3 4

1. Medical

examination

The employee was medically examined by---------

on ------------------- and found fit. The medical

certificate has been kept in safe custody,-- vide Sr.

No. ------- of Volume II of the service book.

2. Character &

antecedent

His/her character and antecedent have been

verified and the verification report kept in safe

custody,-----vide Sr. No. ------ of Volume II of the

service book.

3. Allegiance to

the Constitution

He/she has taken the oath of allegiance/ affirmation

to the Constitution,--vide Sr. No. ---of Volume II of

service book.

4. Oath of Secrecy He/she has read the Official Secret Act, Right to

Information Act and the Government employees

Conduct Rules, 2012 and has also taken the oath

of Secrecy,--vide Sr. No. ------ of Volume II of

service book.

5. Marital status He/she has furnished declaration regarding his/her

not having contracted bigamous marriage. The

relevant declaration has been filed at Sr. No. --- of

Volume II of the Service Book.

6 Dowry in

marriage

He/she has furnished declaration regarding his/her

not demanding/giving/taking any dowry in the

marriage.

7. Declaration of

Home Town

He/she has furnished the declaration of home town

which has been accepted and filed at Sr. No. -------

134

of Volume II of the service book.

8. Verification of

entries in part I

The correctness of the entries against Sr. No. 5—8

of Part I—‘Bio-data’ has been verified from original

certificates considered as valid documentary

evidence for the respective purposes. Attested

copies of these certificates have been filed at Sr.

No. --- of Volume II of the service book.

9. *(a) G.P.F. A/C

No.

(b)Nomination

for G.P.F./

He/she has filed nomination for G.P.F. and the

following related notices which have been

forwarded to the Accountant General on dates

shown against them, have been filed in Volume II of

the service book.

1.

2.

3.

10 G.I.S. A/C NO.

(b) Nomination

for G.I.S.

He/she has filled nomination for G.I.S. and the

following related notices, have been filed in Volume

II of the service book .

1.

2.

3.

11. Family

particulars

He/she has furnished details of the family members

which have been filed at Sr. No. --- of Volume II of

the service book.

12 .D.C.R.G. and

Family Pension

He/she has filled nomination for D.C.R.G. and

family pension and the following related notices

which have been filed in Volume II of the service

book,- vide Sr. Nos. shown against them.

1.

135

2.

3.

* When G.P.F. number initially allotted is changed, the changed number will be

entered here, alongwith the authority for the change.

III. Previous Qualifying Service and Foreign Service

(a) Period of previous qualifying service-

From To Post held Purposes for which it

qualifies

Signature and

designation of

certifying officer

1 2 3 4 5

(b) Periods of Foreign service

From To Post held

and name of

foreign

employer

Leave and pension

contribution payable by

Amount of

leave and

pension

contribution

actually

received

1 2 3 4 5

IV. History and Verification of Service

Period

Serial

No

From To Name of

office

Post

held

Signature

and

designation

of attesting

officer (with

date

Signature

of the

Govt.

employee

Remarks

1 2 3 4 5 6 7 8

136

Annexure

Abstract of service rendered by ___________________________(name)

_____________________________(designation and office), during the year

20__________.

Period of qualifying service for the

Purposes of pension/D.C.R.G

Period, if any, not qualifying as service,

and reasons therefor

From

(Date)

To (Date) Period From

(Date)

To (Date) Period Reasons

1 2 3 4 5 6 7

Signature of Head of office

I hereby acknowledge the receipt of the abstract of service rendered by me

during-------------------and “accept it as correct”/ “do not accept it for reasons

indicated below”.

Signature of the Government Employee

1

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART II - Leave Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new Haryana Civil

Services Rules in eight parts, which have been issued, in exercise of the powers conferred by

the proviso to Article 309 of the Constitution of India, as under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time, foreign

service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to house rent

allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to conduct of a

Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to punishment and

appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders contained in

the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First Edition) 1941 and further

modified in the background of the changes resulting from the partition of the Punjab and

constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First Edition)

were being used by the Government, with amendments from time to time, till date before the

updation in the present form, and these rules have been brought out in VIII parts, as detailed

above, for the sake of convenience and facility for easy handling of the books to the readers.

4. These rules will apply to Government employees belonging to the categories mentioned

in rule 1.2 of Part I – General Rules of these rules from the date of issue of this publication.

5. These rules, except Travelling Allowance Rules contained in Part V of these rules, shall

not apply to members of the I.A.S. and I.P.S. serving under the Haryana Government. However,

they will be governed by the rules issued by the President of India in this behalf.

6. The opportunity has also been taken to include important orders relating to interpretation

of rules, in the form of “Notes” or Illustrations” below the relevant rule.

3

7. The forms which have been adopted in these rules have been given a separate new

series “GR, LR and PF” (abbreviation for General Rules, Leave Rules, Provident Fund Rules)

series.

8. The Finance Department of Haryana Government is the rule making competent

authority for interpretation, modification and changes in the existing rules contained in Haryana

Civil Services Rules, Part I to VI and the Chief Secretary, General Administration Department is

the competent rule making authority for Part VII - Government Employees Conduct Rules and

Part VIII - Punishment and Appeal Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh Bishnoi,

Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-writing and re-

drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules, are

requested to bring them to the notice of their Head of Departments, who will please submit their

proposals to the Finance Department, through the Administrative Department concerned for

Part I to VI and to the Chief Secretary, General Administration Department for Part VII and VIII

respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

CONTENTS Rule Chapter- I

Preliminary Page No.

1 Short title and commencement 2 Extent of application 3 Definitions Chapter-II

General Conditions

4 Leave earned by duty 5 Right to leave 6 Regulation of claim to leave 7 Commutation of one kind of leave into another

8 Maximum amount of continuous leave 9 Acceptance of Employment during Leave 10 Effect of dismissal, removal, resignation, retirement on leave at credit

11 Combination of different kinds of leave 12 Vacation Department Chapter- III

Grant and return from leave

13 Application for Leave 14 Leave Accounts

15 Verification of title to leave

16 Leave not to be granted in certain circumstances 17 Grant of leave on Medical Certificate and Medical Certificate Performa 18 Leave to Government employee who is unlikely to be fit to Government

service

19 Commencement and Expiry of Leave 20 Combination of Holidays with Leave 21 Recalled to duty before expiry of leave 22 Return from leave before expiry of Leave 23 Absence after expiry of Leave Chapter - IV

Kinds of Leave due and admissible

24 Earned leave to Government employees 25 Half Pay Leave to Government Employees 26 Extraordinary Leave 27 Grant of Extraordinary Leave on any one occasion

28 Terminal Leave 29 Leave to Probationers

30 Leave beyond the date of compulsory retirement

5

31 Leave preparatory to retirement 32 Leave Salary 33 Advance of Leave Salary 34 Authorities competent to grant leave Chapter- V

Special Kind of Leave other than study leave

35 Maternity Leave 36 Child Adoption Leave 37 Paternity Leave 38 Child Care Leave to female Government employees 39 Hospital Leave 40 Disability Leave 41 Special disability leave for accidental injury Chapter –VI

Study Leave

42 Conditions for grant of study leave 43 Maximum amount of study leave 44 Application for study leave 45 Sanction of study leave 46 Combination of study leave with leave of other kinds 47 Regulation of study leave extending beyond course of study 48 Grant of study allowance 49 Period for which study allowance be granted 50 Rates of study allowance 51 Conditions governing grant of study allowance 52 Grant of study allowance to Government employees in receipt of scholarship

or stipend

53 Grant of study allowance during part time employment while on study leave 54 Allowances in addition to study allowance 55 Grant of travelling allowance 56 Cost of fees for study 57 Execution of bond 58 Resignation and retirement 59 Leave salary during study leave 60 Counting of study leave for promotion, pension, seniority, leave and

increments

61 Not debiting of study leave to the leave account Chapter – VII

Leave to other categories of employees

62 Leave to Government employees re-employed after retirement 63 Leave to Advocate General 64 Leave to Government employees appointed on adhoc basis 65 Leave to Government employees appointed on contract Chapter – VIII

Casual, Special and Quarantine leave

66 Casual leave 67 Sanctioning authority 68 Scale 69 How casual leave calculated

6

70 Accounting of casual leave 71 Length of leave and combination of leave 72 Absence from headquarters 73 Treating of casual leave 74 Special casual leave 75 Special casual leave to male Government employees under Family Welfare

Programme

76 Special casual leave to female Government employees under Family Welfare Programme

77 Special casual leave in lieu of unavailed joining time 78 Special casual leave for donating blood 79 Special casual leave for injury during terrorist activities 80 Compensatory leave 81 Quarantine leave CHAPTER – IX

Miscellaneous

82 Relaxation of the provisions of the rules 83 Interpretation 84 Delegation of powers 85 Repeal

7

The Haryana Civil Services Rules,

Part II - Leave Rules, 2012 Chapter - I Preliminary

1. Short Title and Commencement — (1) These rules may be called the Haryana Civil

Services Rules, Part II – Leave Rules, 2012.

(2) They shall come into force on the date of their publication in the official Gazette.

(3) These rules have been issued by the Governor of Haryana under proviso to Article

309 of the Constitution of India.

2. Extent of Application- Except as otherwise provided, these rules shall apply to

Government employees who are under the administrative control of the Haryana Government

and whose pay is debitable to the Consolidated Fund of the State of Haryana. However these

rules shall not apply to -

i persons in casual or daily-rated or part-time employment;

ii persons paid from contingencies ;

iii persons employed in work-charged establishments;

iv members of the All India Services;

v persons in respect of whom the competent authority may by general or special order,

direct that these rules shall not apply to them.

3. Definitions — The terms defined in Chapter II of Haryana Civil Services Rules, Part I –

General Rules, shall have, unless there is anything repugnant in the subject or context, the

same meaning and implications when used for these ‘Leave Rules’. However, the following

terms shall be used in these rules in the sense here explained:-

(i) “leave“ includes earned leave, half pay leave, commuted leave, leave not due and

extra-ordinary leave;

(ii) “earned leave” means leave earned in respect of periods spent on duty;

(iii) “half pay leave” means leave earned in respect of completed years of service;

(iv) “earned leave due” means the amount of earned leave standing at the credit of a

Government employee in his leave account on a particular date;

(v) “half pay leave due” means the amount of half pay leave standing at the credit of a

Government employee in his leave account on a particular date;

(vi) “commuted leave” means exchange of half pay leave into full pay on medical

certificate or for prosecuting an approved course of study;

8

(vii) “Government employee” means a person who is appointed in Haryana

Government service against Group A,B,C and D post and whose pay is debited to

the Consolidated Fund of the State of Haryana;

(viii) “completed years of service” and “one year’s continuous service” means continuous

service of the specified duration under the Haryana Government and includes

periods spent on duty as well as on leave including extra-ordinary leave;

(ix) “Head of Mission” means Ambassador, Charged Affairs Minister, Counsel General

High Commissioner and any other authority declared as such by the Central

Government in the country in which the Government employee undergoes a course

of study or training.

9

Chapter- II General Conditions

4. Leave earned by Duty— Leave is earned by duty only. The period spent in foreign

service counts as duty if contribution towards leave salary is paid on account of such period.

5. Right to Leave –

(1) Leave cannot be claimed as of right.

(2) When the exigencies of the public services so require, leave of any kind is refused or

revoked by the authority competent to grant it, but it shall not be open to the authority to alter

the kind of leave due and applied for except at the written request of the Government employee.

(3) The grant of medical certificate by the medical authority does not in itself confer upon the

Government employee concerned any right to leave. However, the Government employee as

far as possible proceed on leave with the prior permission of the competent authority.

(4) In case where a number of Government employees apply for leave in the same

establishment and the leave cannot be sanctioned to all such employees in the interest of public

service, an authority competent to grant leave shall take the decision for grant of such leave

after taking into account the following considerations: -

(a) The Government employee who can, for the time being, best be spared.

(b) The amount of leave due to the various applicants.

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

from leave.

(d) The fact that any such applicant was compulsorily recalled from his last leave.

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

6. Regulation of claim to Leave – A Government employee’s claim to leave is regulated by

the rules in force at the time the leave is applied for and granted.

7. Commutation of one kind of Leave into anotherʊ

(1) At the written request of a Government employee, the authority which granted leave to

him can commute it retrospectively into leave of a different kind which was due and admissible

at the time leave was granted, but the Government employee cannot claim such commutation

as a matter of right.

(2) The commutation of one kind of leave into another shall be subject to adjustment of

leave salary on the basis of leave finally granted to the government employee and any amount

paid to him in excess shall be recovered or any arrears due to him shall be paid.

8. Maximum Amount of Continuous Leave— Unless the competent authority in view of the

exceptional circumstances of the case otherwise determines, no Government employee shall be

granted leave of any kind for a continuous period exceeding five years.

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9. Acceptance of Employment during Leave - A Government employee while on leave shall

not ordinarily take any service or accept any employment (including the setting up of a private

professional practice as accountant, consultant, legal or medical practitioner), however, he may,

while on leave other than leave on medical certificate, be permitted by the competent authority

to take employment subject to a maximum period of 5 years during the entire service career

with the following conditions, that the employee:-

(a) must have completed 10 years qualifying service;

(b) must have not attained 55 years of age;

(c) must have not dealt any case during the last 5 years of the company/firms or organization in

which he intends to take employment;

(d) must report to duty immediately on recall in public interest.

10. Effect of Dismissal, Removal, Resignation, Retirement on Leave at Credit—

(1) Except as provided in Rule 31 and this rule, any claim to leave to the credit of a

Government employee, who is dismissed or removed or retired or who resigns from

Government service, ceases from the date of such dismissal or removal or retirement or

resignation, as the case may be.

(2) Where a Government employee applies through proper channel for another post for

appointment from one Department to another under the Haryana Government and the applicant

is required to resign his post before taking up the new one, such resignation shall not result in

the lapse of the leave to his credit. His service will be treated continue for the purpose of leave.

If there is any interruption due to the two appointments being at different stations, such

interruptions, not exceeding the joining time permissible under the rules on transfer, shall be

covered by grant of leave of any kind due to the Government employee on the date of relief or

by formal condonation to the extent to which the period is not covered by leave due to the

Government employee.

(3) A Government employee, who is dismissed or removed from service and is reinstated on

appeal or revision, shall be entitled to count for leave his service prior to dismissal or removal,

as the case may be.

(4) If a Government employee re-employed after quitting the public service on compensation or

invalid pension or gratuity, is allowed to count his past service for pension on ultimate

retirement, shall be entitled to count his former service towards leave.

(5) A Government employee, who having retired on compensation or invalid pension or gratuity,

is re-employed and allowed to count his past service for pension, shall be entitled to count his

former service towards leave.

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(6) In case of retrenchment on abolition of post, if Government employee is adjusted against

any vacancy in any department under the Haryana Government, his past service will count for

the purpose of leave if the same has been counted for the purpose of pension. The leave at his

credit at the time of retrenchment may be carried forward subject to refund of leave

encashment, if any, received already:

Provided the benefit will not be admissible to any retrenched employee appointed from any

Autonomous Body/Public Sector Undertaking etc. to any Department of Haryana Government:

Provided further that the benefit will also be not admissible on appointment from a Department

of any other State Government/Centre Government to Haryana Government or from

Central/State autonomous bodies to Haryana State autonomous bodies or vice versa.

11. Combination of different kinds of leaveʊ Any kind of leave under these rules may be

granted in combination with or in continuation of any other kind of leave.

Note .- Casual leave which is not recognized as leave under these rules shall not be combined

with any other kind of leave admissible under these rules.

12. Vacation Department-

(1) Unless the contrary appears from the context vacation counts as duty and not as leave. A

competent authority may specify the departments or parts of departments which would be

treated as vacation departments and the conditions in which a Government employee should be

permitted to be absent from duty to avail himself of a vacation.

(2) A Government employee serving in a vacation department shall be considered to have

availed himself of a vacation, or a portion of a vacation, unless he has been required, by

general or special order of a higher authority, to forego such vacation, or portion of a vacation:

Provided that if he has been prevented by such an order from enjoying more than 15 days of

the vacation, he shall be considered to have availed himself of no portion of the vacation.

Note.- The words ‘higher authority’ mean, in the case of the head of an office or institution the

Head of Department and in other cases the head of the office or institution.

(3) The following classes of Government employees serve in vacation department if they are

allowed to remain absent from duty during vacation:-

(i) Education (General) Principals, Staff, Laboratory Attendants and establishment of

Government Colleges excluding librarians, clerical staff, restorers and other Group “D”

Government employees.

(ii) Head and staff and Laboratory Attendants of Government schools excluding clerical staff

and other Group “D” Government employees.

(iii) Education (Technical) - Principals and staff ( excluding ministerial and Group “D”

employees) of the Government Engineering and Polytechnic Institutions.

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(iv) Health - Principals, Professors, Associate Professors, Readers, Assistant Professors and

Lecturers in Government Medical Teaching Institutions.

(v) Judicial - Sub-Judges and their establishments excluding Process Serving Establishment

actually employed on work connected with process serving. (vi) Any other Government employee or class of Government employees which a competent

authority may declare to be so serving.

(4) District and Sessions Judges may, with the express permission of the Hon’ble Judges of

the High Court, avail themselves without prejudice to their regular leave, of so such of the

vacation during the month of September as is not needed for the disposal of Criminal business:

provided that suitable arrangements, with the approval of the High Court, can be made for the

disposal of work and that the State is not put to any additional expenditure in the way of postal

or other similar charges. At places where there are two or more Judges in a Sessions Court,

they may subject to the condition that at least one of them remains on duty, avail themselves of

the vacation on dates falling between the 24th of August and 8th October. Vacation in their case

shall be treated as recognized holidays.

Note 1.- A Government employee, who has routine duties to discharge during a vacation which

do not require his presence at his place of duty and which can be performed either by himself

at some other place or by some other Government employee shall be considered to have

availed himself of a vacation or a part of it. A Government employee who absents himself from

his place of duty during any part of vacation is expected to arrange for and is responsible for the

performance, without any cost to Government of such routine duty. Should a Government

employee who is absent from the place of duty during any portion of a vacation be recalled

thereto, he will not be entitled to travelling allowance unless the vacation is combined with

leave.

Note 2.- In case of doubt, a competent authority may decide whether or not a particular Government employee is serving in a vacation department.

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Chapter III - Grant and Return from Leave 13. Application for Leave—

(1) Application for leave, or for an extension of leave, shall be made in Form LR No. 1

(Annexure 4) to the authority competent to grant such leave or extension of leave through his

Head of Office.

(2) A Government employee on foreign service shall submit all applications for leave or for

an extension of leave to the competent authority through foreign employer.

14. Leave Account- (1) The leave account of Government employees shall be maintained in Form LR No. 2

(Annexure 5) which is a part of service book.

(2) The child care leave account of Government employees shall be maintained in Form LR

No. 3 (Annexure 6) which is a part of service book. (3) The leave account of Government employee shall be maintained by the Head of Office in

which he is employed, or if he himself is Head of Office by his immediate superior.

15. Verification of Title to Leaveʊ Leave to Government employees must not be granted

without obtaining report from the Head of Office in which he is employed or if he is himself Head

of Office from his immediate superior, upon his title to leave, except in case of emergency, and

on the responsibility of the Government employee for the consequence of the leave asked for

being inadmissible.

Note.- The order sanctioning leave shall indicate the balance of earned leave/half pay leave at

the credit of the Government employee.

16. Leave not to be Granted in Certain Circumstancesʊ Leave shall not be granted to a

Government employee whom a competent authority has decided to dismiss, remove or

compulsorily retire from Government Service.

17. Grant of leave on Medical Certificate—

(1) The non-gazetted Government employee can be granted leave or extension of leave on

medical certificate issued by any Medical Practitioner or a registered Vaid defining as nearly as

possible the nature and probable duration of the illness or by a request for the issue of a

requisition for examination by a medical officer of Government.

(2) Before a gazetted Government employee can be granted leave or an extension of leave

on medical certificate he must obtain the certificate issued by the Medical Authority of

Government Hospital/dispensary in the following form :-

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Medical Certificate Proforma

Name of the applicant __________

Designation __________________

Office of _____________________

Age _________________________

I, ______________ (Name & designation of medical authority) after careful personal

examination hereby certify that Sh. _______________ is suffering from disease __________

and is in a bad state of health; and I declare that according to the best of my professional

judgment, a period of absence from duty is essentially necessary for the recovery of his/her

health and recommend that he/she may be granted leave from ________ to ________. In my

opinion it is/it is not necessary for the Government employee to appear before a Medical Board.

Signature of applicant

in the presence of Signature of Medical Authority

Medical Authority (with Stamp and Date)

Note 1.- This form should be adhered to as closely as possible and should be filled in after the

signature of the applicant has been taken. The Certifying Officer is not at liberty to certify that

the applicant requires a change from or to a particular locality. Such certificate should only be

given at the explicit desire of the administrative authority concerned, to whom it is open to

decide, when an application on such grounds has been made to him, whether the applicant

should go before a Medical Board to decide the question of his fitness for service.

Note 2.- No recommendation contained in this certificate shall be evidence of a claim to any

leave not admissible to the Government employee under the terms of his contract or of the rules

to which he is subject.

Note 3.- In a case, where the period of leave initially recommended, or the period of leave

initially recommended together with any extension thereof subsequently recommended does

not exceed two months, the medical officer should invariably certify whether in his opinion it is

or it is not necessary for the officer to appear before the Medical Board.

Note 4.- When a Government employee is recommended leave on medical grounds, on his

becoming fit to resume duties, the fitness certificate shall be issued by the medical authority in

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the Form as given in Rule 22. The fitness certificate for resuming duties will be procured by the

employee from the same Government hospital from where leave was recommended.

(2) Having secured a certificate under rule 17(1), the Government employee, if required to

appear before the Medical Board, as fixed for the purpose, shall appear before such board with

the report of the medical authority for further investigation.

(3) The Government employee who presents himself before the medical board on the advice of

medical authority as per Rule 17(1), the medical board after examining the Government

employee will issue a certificate to the following effect: -

“We do hereby certify that, according to the best of our professional judgment, after careful

personal examination of the case, we consider the health of Shri/Ms.__________ to be such as

to render leave of absence from ________ to __________ absolutely necessary for his

recovery.”

Note 1.- In cases in which the leave recommended is for more than three months or leave is

extended beyond three months, the fitness certificate shall also be issued by the medical board.

(4) Before deciding whether to grant or refuse the certificate, the board may, in a doubtful case,

detain the applicant under professional observation for a period not exceeding fourteen days. In

that case, it should grant to him a certificate to the following effect: -

“------------------- having applied to us for a medical certificate recommending the grant to him of

leave, we consider it expedient, before granting or refusing such a certificate, to detain

______________ under professional observation, for _________days.”

(5) The procedure laid down in rule 17 (2) & (3) shall not be necessary for the following cases:-

(i) When the leave recommended by the Medical Authority is for a period not exceeding two

months; and he certifies that in his opinion it is not necessary for the applicant to appear before

a medical board.

(ii) when the applicant is undergoing treatment in a hospital as an indoor patient and the leave

is recommended by the Medical Officer-in-charge of the case for the period of hospitalization

and for the period of rest, if any, advised by the Medical Officer-in-Charge. The fitness

certificate for resuming duties will be procured by the Government employee from the same

Government hospital from where leave was recommended.

(iii) The authority competent to sanction leave may, at its discretion, secure a second medical

opinion, by requesting the Civil Surgeon to have the applicant medically examined. Should it

decide to do so, it must arrange for the second examination to be made on the earliest possible

date after the date on which the first medical opinion was given. 18. Leave to a Government employee who is unlikely to be fit to Government Service-

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(1) When a medical board has reported that there is no reasonable prospect that a particular

Government employee will ever be fit to return to duty, leave should not necessarily be refused

to such a Government employee. The competent authority may grant leave not exceeding

twelve months, if due. Such leave shall not be extended without further reference to a medical

board.

(2) No invalidation of a Government employee for permanent incapacity on account of mental

or physical disability, as per provisions of Section 47 of the Persons with Disabilities Act, 1995,

shall be made from Government service. The Government employee who acquires such

disability during his service, if he is not suitable for the post he was holding, shall be shifted to

some other post with the same pay scale and service benefits including promotion, if otherwise

fit for promotion.

19. Commencement and Expiry of Leave-

(1) Leave ordinarily begins on the day on which transfer of charge is effected and ends on the

day preceding that on which charge is resumed:

Provided that for any authorised absence or leave, other than ‘Casual Leave’, to commence

validly for the purposes of these Rules, the said absence or leave must be sanctioned by the

authority competent to do so.

(2) Every Government employee proceeding on leave must record on his application for leave,

the telephone number and address at which he may be contacted during leave. Subsequent

changes in telephone number and/or address during leave, if any should be intimated to the

competent authority.

20. (a) Combination of Holidays with Leave-

(1) An authority competent to grant leave may permit Sundays, other recognized holidays to be

prefixed to leave or affixed to leave, or to be both prefixed and affixed to leave in the

circumstances and on the conditions laid down in sub rules (2) to (5) below -

Note 1..- Casual leave which is not recognized as regular leave shall not be combined with any

other kind of leave admissible under these rules.

(2) When the day (or days) immediately preceding the day on which the leave of a Government

employee begins is a holiday (or series of holidays), and a competent authority has permitted

the said Government employee to make over charge (and the Government employee relieving

him to receive charge) on the afternoon of the day immediately preceding the holiday or series

of holidays, the leave of the Government employee making over charge and any consequent

re-arrangement of pay and allowances shall unless the competent authority in any case

otherwise, directs, take affect from the first day after the holidays

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(3) When the day (s) immediately following the day on which the leave of a Government

employee ends is a holiday (or series of holidays), and a competent authority has permitted the

said Government employee to receive charge (and the Government employee relieved to make

over charge) on the forenoon of the day immediately following the holidays or series of holidays,

the leave of the Government employee receiving charge, is unless the competent authority in

any case otherwise directs, treated as having terminated on, and any consequent re-

arrangement of pay and allowances takes effect from the day on which the leave would have

ended if holidays had not been affixed.

Note 1.- The fundamental principle is that two Government employees cannot be on duty in the

same post. Under sub-rule (2) or (3) of this rule, a competent authority cannot accordingly direct

that both the relieving and the relieved Government employees shall be considered as on duty

in the same post during the period of holidays. A competent authority can under the rule direct

the leave of the Government employee proceeding on/returning from leave and the consequent

arrangement of pay and allowances shall take effect from the first day after/before the holidays

or from same day during the holidays. If a holiday comes at the beginning/end of leave the

Government employee going on/returning from leave can be allowed under sub-rule (2) or (3)

of this rule during that holiday where ordinarily no work is required of him to go/remain off and

count the holiday as duty, as it would have counted had he not gone on leave/returned to duty

before holiday. The Government employee going/returning from leave does not then make over

till the holiday is over/then takes over before the holiday commences If a competent authority

decides that in the circumstances of the case some one must be on the spot in charge than

either (1) the Government employee going on/returning from leave must remain/return during

the holiday or (2) the relieving Government employee/the Government employee to be relieved

must be appointed to/retain the charge during the whole or part of the holidays according to the

orders and he must do the work without drawing the pay of the post, the outgoing/ incoming

man being allowed to be away from the station though being treated as on duty during the

whole or part of the holidays.

(4) Where the application of the above rules as to prefixing and affixing holidays to leave is

doubtful, or inequitable, a competent authority will decide which Government employee shall be

held to have been incharge, and to which the pay of the post for the holiday or holidays shall be

paid.

(b) Combination of holiday(s) with leave in the case of leave on medical certificate –

(i) When a Government employee is certified medically unwell to attend office, holiday(s), if any,

immediately preceding the day he is so certified shall be allowed automatically to be prefixed to

leave and the holiday(s) if any, immediately succeeding the day he is so certified (including that

18

day) shall automatically be allowed to be suffixed to the leave, and holiday(s), if any, preceding

the day he is so certified shall be treated as part of the leave.

(ii) When a Government employee is certified medically fit for joining duty, holiday(s), if any,

succeeding the day he is so certified (including that day) shall automatically be allowed to be

suffixed to the leave, and holiday(s), if any, preceding the day he is so certified shall be treated

as part of the leave.

(c) Combination of vacation with leave-

(i)In the case of Government employees serving in vacation departments, vacations may be

prefixed or affixed to leave, or both prefixed and affixed or allowed to intervene between two

periods of leave subject to the conditions mentioned in rules 3.18, 3.19 of HCSR, Part I –

General Rules and Rule 20(2) & (3) and 24(2). The prior approval of the Finance Department

should be obtained in cases where combination of vacation with leave involves extra expense

to Government.

Note 1.- Recognized holidays intervening between leave and vacation or vice versa should be

treated as part of the vacation and such holidays should be taken into account for the purpose

of calculating the maximum amount of earned leave admissible to a Government employee at

any one time.

(ii) When a Government employee is permitted to prefix vacation to leave, he will report before

leaving headquarters, or if for urgent reasons, the leave is granted during vacation as soon as it

is granted, that he makes over charge with effect from the end of the vacation, and the relieving

Government employee will then take over charge, and the leave and any consequent re-

arrangement of pay will have effect from the end of the vacation.

(iii) When a Government employee is permitted to affix vacation to leave the Government

employee to be relieved will make over charge before the vacation, and any consequent re-

arrangement of pay will have effect from the beginning of the vacation.

(5) In the case of District and Sessions Judges, vacations will be treated as recognized

holidays, and may be prefixed or affixed to leave or both prefixed and affixed or allowed to

intervene between two periods of leave subject to the conditions mentioned in Rules 34, 20(2) &

(3) of these rules, and provided further that-

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

(ii) vacation shall be reckoned as leave in calculating the maximum amount of earned leave

which may be included in the particular period of leave.

Exception 1.- As it is not possible to say at the time of sanctioning leave that condition (i) will

necessarily be satisfied, any permission to combine leave with vacation is subject to withdrawal

in the event of a Government employee being required to carry out the duties of the post during

19

vacation. In such cases either the Government employee will be recalled or, if this is

impracticable owing to his absence from India or for any other reason, a substitute will be

appointed. In the latter case, the portion of the Government employees vacation during which

the substitute discharges the duties of the post will be treated as leave.

21. Recall to Duty Before Expiry of Leave— A Government employee who is recalled to duty

before the expiry of the leave granted to him shall be treated as compulsory in all cases and the

Government employee shall be entitled— (a) if the leave from which he is recalled is in India, to be treated as on from the date on which

he starts for the station to which he is ordered, and to draw-

(i) travelling allowances under the rules made in this behalf for the journey; and

(ii) leave salary, until he joins his post, equal to the leave salary drawn by him but for recall to

duty.

(b) if the leave from which he is recalled is out of India, to count the time spent on the voyage to

India as duty for the purpose of calculating leave, and to receive-

(i) to receive leave salary during the voyage to India, and for the period from the date of landing

in India to the date of joining his post, to be paid leave salary at the same rate at which he would

have drawn it but for recall to duty.

(ii) to receive a free passage to India,

(iii) refund of his passage from India if he has not completed half the period of his leave by the

date of leaving for India on recall or 90 days; whichever period is shorter;

(iv) travelling allowance, under the rules for the time being in force, for travel from the place of

landing in India to the place of duty.

Note.- Vacation should be treated as leave for the purpose of clause (b) (i) of this rule only up to

the extent to which it operates to reduce the amount of earned leave and/or commuted leave by

virtue of the provisions of Rule 24(2).

22. (1) Return from leave before expiry of Leave-

(a) A Government employee on leave may not return to duty before the expiry of the period of

leave granted to him, unless he is permitted to do so by the authority which granted him leave.

(b) The employee proceeded on leave preparatory to retirement shall not be allowed to return to

duty.

(2) Return from Leave on Medical Certificate-

(a) A Government employee who has taken leave on Medical certificate may not return to duty

until he has produced a medical certificate of fitness in the following form :-

“I/ We……………………. …. chief/ Senior/ Medical Officer/members of a Medical Board do

hereby certify that I/We have examined Sh…………….. of the--------------- Department whose

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signatures are given below and find that he has recovered from his illness and is now fit to

resume duties in Government services. I/We have examined the original medical certificate(s)

on which leave was granted or extended and have taken these into consideration in arriving at

my/our decision.”

Signature of applicant Signature of Medical Authority

in the presence of medical authority ( with Stamp and Date)

Note 1.- The medical certificate of fitness shall be issued by the same authority (by designation)

by which the medical certificate for leave was issued.

(3) Submission of report of return from Leave-

(a) A Government employee on return from leave, must report his return in writing to the

authority concerned.

(b) A Government employee returning from leave is not entitled, in the absence of specific

orders to that effect, to resume, as matter of course, the post which he held before going on

leave. He must report his return to duty and await orders.

23. Absence after Expiry of Leave- (1) A Government employee who remains absent after the end of his leave is entitled to no

leave-salary for the period of such absence and that period shall be debited against his leave

account as though it were leave on half pay, to the extent such leave is due and the period in

excess of such leave due being treated as extra ordinary leave unless his leave is extended by

the competent authority. The Government employee must have full justification for not

intimating the competent authority before the period of overstayal of leave is considered for

extension.

(2) Wilful absence from duty after the expiry of leave may be treated as misbehaviour for the

purpose of rule 3.6 of H.C.S.R., Part III – Pension Rules.

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Chapter – IV

Kinds of Leave due and admissible

24. (1) Earned Leave to Government employees of other than vacation departmentʊ

(i) The ‘earned leave’ admissible to a Government employee other than vacation department

is -

(a) 1.25 days per month’s period spent on duty, during the first 10 years of his service;

(b) 1.75 days per month’s period spent on duty during the next 10 years of his service; and

(c) 2.50 days per month’s period spent on duty, thereafter.

Note 1.- A period of 30 days shall be considered as one month.

Note 2.- The fraction of .5 day and above shall be considered as one day at the last step where

there is a change of slab. However, the fraction less than .5 day shall be ignored. (ii)

Accumulation of earned leave shall be permissible to any extent but the maximum earned leave

that may be granted at a time to a Government employee shall be as under :-

(a) 180 days, if spent in India;

(b) 360 days, if the entire leave so granted or any portion thereof is spent outside India:

provided the period of such leave spent in India shall not in aggregate exceed 180 days:

Provided further that, except as provided in the Study Leave Rules, if a Government employee

goes on a course of study or research or work which in the Government’s view increases his

competence, knowledge of efficiency or adds to the technical knowledge, he may be granted

with prior approval of Finance Department, the earned leave to the extent it is due to him and

not limited to 180 or 360 days.

(2) Earned Leave to Government employees serving in vacation departmentʊ

(a) Government employee serving in a vacation department shall be entitled to 10 days earned

leave in respect of duty performed in any year in which he avails himself of the full vacation.

(b) In respect of any year in which Government employee is prevented from availing himself of

a portion of vacation he shall be entitled to earned leave in such proportion of the following

periods as the number of days of vacation not taken bear to the full vacation:-

(i) to a Government employee with 10 years service or less : 15 days

(ii) to a Government employee with more than ten years service but not exceeding 20 years

service : 21 days

(iii) to a Government employee with over 20 years service: 30 days

(iv) If in any year he does not avail himself of any vacation, earned leave will be admissible in

respect of that year in accordance with the provisions of sub-rule(1).

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(v) Vacation may be taken in combination with or in continuation of any kind of leave under the

rules: provided that total duration of vacation and earned leave taken in conjunction, whether

the earned leave is taken in combination with or in continuation of other leave or not, shall not

exceed the amount of earned leave due and admissible to the Government employee at a time

under sub-rule (1).

25. Half pay leave to Government employees other than vacation department-

(a) The half pay leave admissible to a Government employee in respect of each completed

year of “service” is 20 days.

(b) The half pay leave due may be granted to a Government employee on medical certificate

or on private affairs.

(c) Commuted leave –

(i) Commuted leave not exceeding half the amount of half pay leave due may be granted to a

Government employee on medical certificate or for prosecuting an approved course of study

i.e. a course which is certified to be in the public interest by the leave sanctioning authority,

subject to the following conditions:-

(ii) half pay leave upto a maximum of 360 days shall be allowed to be commuted during the

entire service where such leave is utilized for an approved course of study.

(iii) when commuted leave is granted, twice the amount of such leave shall be debited against

the half pay leave due:

Provided that no commuted leave may be granted under this rule unless the authority

competent to sanction leave has reason to believe that the Government employee will return to

duty on its expiry.

Note 1.- The option once exercised will be final and debar a Government employee from

claiming re-conversion as a matter of right through the authority which granted leave can (if so

disposed) allow it .

(d) Save in the case of leave preparatory to retirement ‘leave not due’ may be granted to a

Government employee for a period not exceeding 360 days during his entire service, out of

which not more than 120 days at a time and 180 days in all, may be otherwise than on medical

certificate. Such leave will be debited against the half pay leave the Government employee

may earn subsequently.

Note 1.- Leave not due should be granted only if the authority empowered to sanction leave is

satisfied that there is reasonable prospect of the Government employee returning to duty on the

expiry of the leave and should be limited to the half pay leave he is likely to earn thereafter.

Note 2.- Where a Government employee who has been granted ‘leave not due’ under this

clause applies for permission to retire voluntarily, the leave not due shall if the permission is

23

granted be cancelled and his retirement shall have effect from the date on which such leave

commenced . An undertaking to this effect should, therefore, be taken from Government

employee, who avail of ‘leave not due’. But the question whether a Government employee

should be called upon to refund the amount of leave salary should be decided on the merits of

each case e.g. if the retirement is voluntarily refund should be enforced; if it is unavoidable by

reason of ill health incapacitating him for further service no refund should be insisted upon.

Note 3.- When ‘leave not due’ is granted to a Government employee under this clause and he

applied for permission to retire voluntarily or resigns of his own volition at any time after

returning to duty; the question of refund to leave salary in respect of the ‘leave not due’ already

availed of before return to duty shall to the extent it has been subsequently wiped off, be

treated in the same way as laid down in Note 2 above.

Note 4.- When ‘leave not due’ is granted to a Government employee, the same shall not be

allowed to be converted into commuted leave even on medical ground.

(e) Where a Government employee who has been granted commuted leave resigns from

service or, at his request, is permitted to retire voluntarily without returning to duty, the

commuted leave shall be treated as half pay leave and the difference between leave salary in

respect of commuted leave and half pay leave shall be recovered.

26. Extraordinary Leave-

(1) Extraordinary leave may be granted to a Government employee in special

circumstances: -

(a) When no other leave is by rule admissible or

(b) When other leave is admissible, but the Government employee concerned applies in writing

for the grant of extraordinary leave.

(2) The authority empowered to grant leave may commute retrospectively;-

(a) periods of absence without leave or willful absence into extraordinary leave only and not in

leave of the kind due.

(b) Extraordinary leave granted into leave of a different kind if the latter type of leave was

admissible at the time extra ordinary leave was granted.

Note 1.- The power of commuting retrospectively periods of absence without leave into

extraordinary leave under sub-clause (a) of sub-rule (2) is absolute and not subject to the

conditions mentioned in sub-rule (1); in other words such commutation is permissible even

when other leave was admissible to the Government employee concerned at the time his

absence without leave commenced. This concession cannot, however, be claimed by the

Government employee as a matter of right.

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27. Grant of Extraordinary Leave on any one occasionʊ Subject to the provision of rule 26 extraordinary leave not exceeding the following limits may be

granted on any one occasion:-

(i) Six months;

(ii) twelve months in cases where the Government employee has completed three years,

continuous service on the date of expiry of leave of the kind due and admissible under the rules

(including six month’s extraordinary leave under (i) above and his request for such leave is

supported by a medical certificate as required under the rules;

(iii) eighteen months’ to a Government employee who has completed one year continuous

service and is undergoing treatment for -

(a) Pulmonary tuberculosis or pleurisy of tuberculosis origin in a recognized sanatorium, or

(b) tuberculosis of any other part of the body by a qualified tuberculosis specialist or a Civil

Surgeon, or

(c) leprosy in a recognized leprosy institution or by a civil surgeon or a specialist in leprosy

recognized as such by the Director General Health Services, Haryana.

(iv) twelve months where the Government employee is undergoing treatment for cancer, or for

mental illness in an institution recognized for the treatment of such disease or by a civil surgeon

or a specialist in such disease:

Provided that this concession will be admissible only to those Government employees who

have been in continuous service for a period exceeding one year.

(iv) twenty-four months where the leave is required for the purpose of prosecuting studies,

certified to be in the public interests; provided the Government employee concerned has

completed three years continuous service on the date of expiry of leave of the kind due and

admissible under the rules (including six months’ extraordinary leave under (i) above)

Note 1.- The concession of extraordinary leave up to eighteen months will be admissible also to

a Government employee suffering from pulmonary tuberculosis or pleurisy of tuberculosis origin

who receives treatment at his residence under a tuberculosis specialist recognized as such by

the Director General Health Services, Haryana and produces a certificate signed by that

specialist to the effect that he is under his treatment and that he has reasonable chances of

recovery on the expiry of the leave recommended.

Note 2.- The concession of extraordinary leave upto eighteen months under clause (iii) will be

admissible only to those Government employees who have been in continues Government

employ for a period exceeding one year.

Note 3.- The maximum limit of six months prescribed in this rule does not apply in the case of

teachers in the Education Department who are not in permanent employ and who take leave for

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the purpose of undergoing a course of training. In their case the limit of extraordinary leave is

subject to 24 months which the Heads of Departments (3 Wings i.e. Primary, Secondary &

Higher Education) can grant himself.

Note 4.- Unless the competent authority in view of the exceptional circumstances of the case

otherwise determines, no Government employee who is not in permanent employ or quasi-

permanent employ shall be granted extra ordinary leave in excess of the limits prescribed under

this rule.

Note 5.- Where Government employee avails of the above leave concession for undergoing

treatment for T.B. or leprosy, he should be required to produce a fitness certificate, before he is

permitted to resume duty on the expiry of the leave, from the Medical Board(consisting a T.B.

specialist).

Note 6.- Government employees belonging to the Scheduled Castes or Scheduled Tribes may,

for the purpose of attending the pre-examination training course at the centers notified by the

Government, from time to time, be granted extra-ordinary leave by Head of Department.

28. Terminal leave-

(1) Earned leave to the extent due and admissible at a time can be granted to temporary

employees (other than those employed on a contract basis) at the discretion of the sanctioning

authority on the termination of service on account of retrenchment or on the abolition of posts

before attaining the age of superannuation, even when it has not been applied for and refused

in the public interest. In all cases, however, where any notice of termination of the service is

required to be given under the term of the employment of the temporary employee concerned,

and that employee is relieved before the expiry of the notice, such notice or the un-expired

portion thereof should run concurrently with the leave granted.

(2) Such terminal leave may also be granted to -

(a) re-employed pensioners who are treated as “ new entrants” in the matter of leave, subject to

the condition that such pensioner will not be entitled to draw their pension during the terminal

leave if the pension was held in abeyance during the period of re-employment ;

(b) persons employed for a period exceeding one year on a contract basis as per rule 65 of

these rules;

(c) unqualified persons who may have to vacate their temporary posts to make room for

qualified candidates;

(d) persons whose services may have to be dispensed with as a matter of administrative

convenience as an alternative to the initiation of disciplinary proceedings against them.

Note 1.- This rule shall not apply to apprentices and persons in non-continuous employment of

Government who will continue to be governed by the normal rules applicable to them.

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Note 2.- Terminal leave under this rule will not be admissible in the following circumstances :-

(i) Where the employee concerned has been dismissed or removed from service, or where

service is terminated in the interest of national security; or

(ii) where the employee concerned resigns his post of his own volition unless the resignation is

for reasons of ill-health or for other reasons beyond his control. Leave not exceeding half the

amount of earned leave which the Government employee concerned can avail of at a time

may, however, at the discretion of the sanctioning authority, be allowed in this case;

(iii) where the services of a temporary Government employee are lent by commercial concerns

or semi–Government organizations on terms which include the payment of leave salary

contribution, the grant of leave on termination of the employment under Government will in such

cases, be at the cost and within the discretion of the parent employer.

Note 3.- It will not be necessary to extend the temporary post to cover the period of the leave

granted to a Government employee at the end of his temporary employment .

Note 4.- Retrenched Government employees, who are re-employed either in their own or

another department on or before the expiry of their terminal leave with no break in service are to

be deemed to be in continuous Government service and allowed the benefit of their previous

service for calculating causal and earned leave due to them on their re-employment .

Note 5.- Terminal leave is admissible to re-employed pensioners and specialists/contract

officers at the discretion of the sanctioning authority on the termination of their services on the

due completion of the term of re-employment, and employment, respectively irrespective of

retrenchment or retention of the post.

Note 6.- A temporary Government employee continuous in service during that period of

terminal leave only which runs concurrently with the notice period and ceases to be in

Government service on the expiry of the notice period, the leave to the extent it goes beyond

the notice period being treated as a terminal benefit only.

29. (1) Leave to Probationers-

(a) During the period of probation, a probationer is entitled to leave as follows:-

(i) if appointed under contract, to such leave as is prescribed in his contract or;

(ii) if appointed otherwise, to such leave as would be admissible to him under the leave rules

which would be applicable to him if he held his post otherwise than on probation. If for any

reason it is proposed to terminate the services of a probationer, any leave which may be

granted to him should not extend beyond the date on which the original probation period or

extended period expires, or any earlier date on which his services are to be terminated by the

order of an authority competent to appoint him.

Note 1 .- See also rule 65.

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(2) Leave to Apprentices-

(a) During the period of apprenticeship, an apprentice is entitled to leave as follows;-

(i) if appointed under contract, to such leave as is prescribed in his contract; or

(ii) if appointed otherwise, leave on medical certificate on leave salary equivalent to half of the

pay on the last day of duty prior to commencement of leave for a period not exceeding one

month in any year of apprenticeship; and

(b) to extraordinary leave under rule 26.

Note 1.- See also rule 65(4).

Note 2.- This rule has reference to leave taken during the apprentice period only and not

afterwards.

Note 3.- Paid candidates will be treated as apprentices for the purpose of this rule.

Note 4.- The leave at the credit of a Government employee on the date of his appointment as

an apprentice to some other post under Haryana Government should not lapse but may be

allowed to be carried forward on his appointment to that post on the expiry of the period of

apprenticeship.

30. Leave Beyond the Date of Compulsory Retirement- (a) Leave at the credit of a Government employee in his leave account shall be paid as per

provisions of leave encashment rules on the date of compulsory retirement : Provided that if in

sufficient time before that date he has –

(1) formally applied for leave due as preparatory to retirement and the same has been refused;

or

(2) ascertained in writing from the sanctioning authority that such leave if applied for would not

be granted, in either case, the ground of refusal being the requirements of the public service,

after the date of compulsory retirement, the amount of earned leave so refused subject to a

maximum of 300 days.

(b) A Government employee retained in service after the date of compulsory retirement shall

earn earned leave, at the rate of 2.5 days per month’s period spent on duty performed after that

date and shall be allowed to add thereto any amount of leave which could have been granted to

him under clause (a) had he retired on that date. The total period of leave which he may take on

each occasion shall not exceed 300 days earned leave. When his duties finally cease, the

Government employee may be granted leave preparatory to retirement up to a maximum of 300

days or earned leave, as the case may be, as follows:-

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(i) The balance after deducting the amount of leave, if any, taken during the period of

extension, from the amount of leave which could have been granted to him under clause (a)

had he retired on the date of compulsory retirement, plus. (ii)The amount of leave earned under this clause which is due to the Government employee

and which he has, in sufficient time during the period of extension -

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

(2) ascertained in writing from the sanctioning authority that such leave would not be granted if

applied for in either case, the ground of refusal being the requirements of public service.

The leave taken during the period of extension should be debited first against the credit of

leave earned during that period, until it is exhausted; and then against any credit of leave

refused under clause (a) and carried forward under clause (b).

Explanation 1.- For the purposes of this rule an employee may be deemed to have been

denied leave only if, in sufficient time before the date of which he must compulsorily retire or the

date on which his duties finally cease, he has either formally applied for leave as leave

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.

Explanation 2.- Where a spell of extension of service is followed by a further period of

extension, the entire period commencing from the date of compulsory retirement and ending

on the date of final cessation of duties shall be treated as constituting the period of extension for

the purpose of clause (b) of this rule and accordingly only the leave applied for during the last

spell of extension as preparatory to final cessation of duties, and formally refused in the

interests of public service should be treated as refused leave under clause (b) (ii) of this rule.

Note 1.- When a Government employee who is already on an extension of service applies for

leave during the period of his extended service the conditions for the grant of such leave should

be the same as for the grant of leave in an ordinary case after the age of compulsory

retirement.

Note 2.- A Government employee retained in service after the age of compulsory retirement is

entitled to earn leave under clause (b) of this rule and a debit balance, if any, on the date he

attained that age should be considered as wiped off.

Note 3.- The period of 300 days mentioned in this rule includes any period of vacation with

which leave is combined.

Note 5.- A deduction under rule 24(2) on account of vacation enjoyed should also be made in

the case of Government employees whose leave is regulated under clause (b) of this rule.

Note 6.- (1) Two classes of cases are provided for in this rule:-

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(a) Government employees who are not required to be on active duty by the Government after

the date of compulsory retirement.

(b) Government employees who are required to be on active duty after the date of compulsory

retirement.

In the case of the former the conditions in clause (a) and in the latter, the condition in both

clauses (a) and (b) of this rule must be fulfilled before leave can be granted after the date of

compulsory retirement . When acting under clause (a) (2) and (b) (ii) (2) the amount of leave

which would have been refused should invariably be indicated. The leave refused cannot of

course be such as would extend beyond the date of compulsory retirement.

(2) The refusal of leave does not automatically establish a Government employees claim to

what is a very rare privilege i.e., grant of leave after retirement and a recommendation for the

grant of leave under this rule should only be made when the refusal to grant leave has been on

very strong grounds of ‘interest of the public service’.

(3) A Government employee applying for leave must do so in sufficient time to enable a

competent authority to decide whether leave should be granted from the date it is asked for,

and where necessary to arrange for a special substitute. Such authority has full discretion to

grant or refuse leave but should not hesitate to refuse where it considers that-

(i) leave is necessary or

(ii) where the grant may cause some administrative inconvenience leave could have been

asked for an granted earlier, or

(iii) leave has been asked for only in an endeavour to establish a claim under this rule.

When leave has been refused on any of the above conditions it should be clearly indicated to

the applicant that leave under this rule will not be granted.

Note 7.- The leave earned by the period of duty intervening between the refusal of leave

pending retirement and the date of compulsory retirement is merged in the common pool in the

leave account and forms an indistinguishable part of the total leave at credit the whole of

which with the exception only of the net amount of leave refused lapses under clause (a) of this

rule on the date of compulsory retirement. The grant of any leave between the date from which

the refusal of leave took effect and the date of superannuation should therefore be held to be a

grant of leave against the amount originally refused. The amount of leave admissible under

clause (a) after superannuation in such a case is, therefore, the amount of leave originally

refused minus the amount of the post refusal, leave enjoyed, and this difference is subject to a

maximum of 300 days. This principle applies equally to leave available under clause (b),

including that earned in respect of duty during a period of refused leave.

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Note 8.- While the amount of leave refused under clause (a) or (b) of this rule is fixed the quality

of the leave ( i.e. on full pay or half pay) whether it is taken before or after the date of

compulsory retirement or as the case may be the date of final cessation of duties, may be

varied to the advantage of the Government employee concerned within the normal leave rules

by the leave earned and standing to his credit on the date he proceeds on leave, and no second

application for leave in sufficient time and it refusal are necessary merely to ensure this

variation.

Note 9.- Compulsory recall from leave preparatory to retirement should be deemed to be a

constructive refusal of the balance of leave un-enjoyed for the purpose of this rule.

Note 10.- The Government employee who is granted refused leave under rule 30 extending

beyond the date of compulsory retirement or the expiry of extension of service shall be deemed,

for purposes of pensionary benefit, to have retired from service on the date of his compulsory

retirement or on the expiry of the extension of service, as the case may be and shall become

eligible for all pensionary benefits from such date. The leave salary admissible in such cases

during the period of refused leave will be the same as admissible in the normal course but

reduced by the amount of pension.

Note 11.- A Government employee who was due to retire on superannuation pension on

16thSeptember, applied for earned leave for 120 days from 10th February which was refused by

Government in the exigencies of public service. He again applied for ninety eight days earned

leave from 10th June , which was again refused by Government in the exigencies of public

service except 15 days. The employee again applied for leave from 16th September. The

employee can be granted after the age of superannuation only the leave preparatory to

retirement that was refused, viz., 98 days less 15 days availed of by him. 120 days earned

leave applied for by him was not preparatory to retirement and hence its refusal by Government

in the interest of public service does not entitle him to the protection of this rule after the date of

superannuation.

31. Leave Preparatory to Retirement (LPR) and/or Cash Payment in lieu of Unutilized Earned

Leave-

(1) A Government employee may be permitted by the authority competent to grant leave to

take leave preparatory to retirement (LPR) to the extent of earned leave due, not exceeding 300

days, subject to the condition that such leave extends upto and includes the date of retirement.

A Government employee, who proceeded on LPR shall not be allowed to join the duties during

the period of LPR for the purpose of availing benefit of leave encashment. In case the employee

does not intend to avail the LPR, he may take leave encashment in lieu of earned leave at his

credit on the date of his retirement subject to maximum of 300 days.

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(2) The provision of getting leave encashment in lieu of earned leave at the credit of employee

subject to maximum of 300 days shall also be available to the Government employees retiring

other than on superannuation.

(3) In case of quitting of service by the Government employee by tendering resignation the

benefit of leave encashment will be admissible for half of the earned leave at his credit on the

resignation subject to maximum limit of 150 days.

(4) In case a Government employee dies while in service the leave encashment to the extent of

earned leave at the credit of the employee on the day of his death subject to maximum of 300

days shall be paid to his family or nominee, as per rule 6.11 of HCSR, Part III – Pension Rules,

as the case may be.

(5) A Government employee dismissed or removed from government service shall not be

entitled for leave encashment.

(6) In case of retrenchment or abolition of the post, if the employee is not adjusted against any

vacancy in the Government, the leave encashment shall be paid equal to earned leave at his

credit subject to maximum of 300 days. If such employee is employed against any other

vacancy in the Government, leave at his credit in his leave account shall be allowed to be

carried forward in the new post.

(7) The authority competent to grant leave may withhold whole or part of cash equivalent of

earned leave in the case of Government employee who retires from service on superannuation

while under suspension or while disciplinary or criminal proceedings are pending against him, if

in the opinion of such authority, there is a possibility of some amount becoming recoverable

from him on conclusion of the proceedings against him and on conclusion of the proceedings,

he will become eligible to the amount so withheld after adjustment of Government dues.

Note 1.- The amount of leave encashment shall be calculated as under: - Band Pay+ Grade Pay + SP+ PP+ DA

admissible on the date of retirement/death X

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Number of days of unutilized earned

leave at credit on the date of retirement

subject to max. of 300 days.

Note 2.- The authority competent to sanction leave encashment in case of Group A and B

employees shall be Heads of Departments and Heads of Office for Group C and D employees.

The authorities shall sanction suo-motu the amount of leave encashment at the time of

retirement/death of the Government employee.

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Note 3.- Any amount becoming recoverable from a Government employee on account of

overpayment of pay and allowances, travelling allowance, medical reimbursement etc. shall be

recovered from the amount of leave encashment. Note 4.- A Government employee on LPR shall be deemed to have retired from Government

service on attaining the age of superannuation irrespective of issue of any such orders for

retirement.

Note 5.- The Government employee retiring on superannuation shall be allowed to take partly

LPR and partly leave encashment subject to the maximum limit of 300 days under the provision

of sub-rule (1).

Note 6.- In case a retrenched Government employee, who has been paid the admissible leave

encashment at the time of retrenchment and is appointed against a post after some time then

the full amount of leave encashment already received by him shall be deposited in lumpsum

before joining on new post. The balance of leave at his credit on the day of retrenchment shall

be carried forward to the leave account in his new post. The period of past service, excluding

the period of break, shall also be reckoned for the purpose of length of service for leave rules.

Note 7.- A Government employee retained in service after the date of retirement on

superannuation will be on extension of service and during the period of extension, he shall

continue to be governed by the leave rules till his date of retirement.

32. Leave Salary-

(1) A Government employee on earned leave or commuted leave shall be entitled to leave

salary equal to the pay drawn by him immediately before proceeding on leave. It includes Pay

in Pay Band, Grade Pay, Special pay, Personal Pay, NPA, Dearness Allowance and House

Rent Allowance will also be admissible at the same rate at which he was drawing before

proceeding on leave but no other allowance will be admissible while on leave.

Note.- Leave salary at the same rate will be admissible to female Government employees

while on maternity leave or child adoption leave.

(2) A Government employee on half pay leave or leave not due is entitled to leave salary equal

to half the Pay in Pay Band+ Grade Pay+ Special Pay+ Personal Pay+ NPA+ Dearness

Allowance on Band Pay + Grade Pay + NPA. The House Rent Allowance will be admissible at

the same rate which he was drawing before proceeding on leave but no other allowance will be

admissible.

(3) A Government employee on extraordinary leave is not entitled to any leave salary or any

allowance.

(4) Leave salary shall be drawn in rupees in India only.

33

Note .- In respect of any period spent on foreign service out of India, the pay which the

Government employee would have drawn if on duty in India but for foreign service out of India

shall be substituted for the pay actually drawn for the purpose of determining the leave salary.

33. Advance of Leave Salary- A Government employee, including a Government

employee on foreign service, proceeding on leave for a period not less than 30 days may be

allowed an advance in lieu of leave salary up to a month’s pay and allowances admissible on

that leave salary subject to deductions on accounts of Income Tax, Provident Fund, House

Rent, Recovery of Advances, etc.

34. Authorities Competent to Grant Leave-

Annexure 1 of these rules specifies the authorities by whom leave admissible under these rules,

other than special disability leave, study leave and extra-ordinary leave exceeding six months

may be granted: Provided that when the grant of leave involves -

(a) the creation of an additional post requiring the sanction of a higher authority ; or

(b) reference to higher authority for a substitute; the sanction of the higher authority competent

to create the additional post or sanction a substitute will be necessary.

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CHAPTER - V Special Kinds of Leave other than Study Leave

35. Maternity Leave- (1) The Heads of office on the recommendation of Government medical authority may grant

maternity leave to a female Government employee with less than two surviving children for a

period not exceeding six months from the date of its commencement. Leave salary equal to the

pay drawn immediately before proceeding on leave shall be paid during maternity leave and It

shall not be debited against the leave account.

(2) Maternity leave not exceeding 45 days on account of miscarriage/abortion may also be

granted to a female Government employee (limited to two surviving children) during the entire

service career on the recommendation of medical authority.

(3) Any other kind of leave may be permitted to be prefixed to maternity leave without insisting

on a medical certificate. But any leave applied for in continuation of the maternity leave may be

granted only if the request is supported by a Medical Certificate.

Note 1.- Maternity leave shall not be admissible to a female Government employee having

more than two living children. In such cases leave of the kind due or extraordinary leave may be

allowed.

Note 2.- Earned leave to the extent admissible under rule 24(ii) may be granted in continuation

of maternity leave, if the request for the grant of leave is supported by a medical certificate .

Note 3.- The female Government employee applying for grant of maternity leave should apply

for leave along with medical certificate issued by the medical authorities as defined in rule 17

(2) & (3).

Note 4.- Regular leave in continuation of maternity leave may also be granted in case of illness

of a newly born baby, subject to the female Government employee producing a medical

certificate from the Medical authority under rule 17 (2) & (3) to the effect that the condition of the

ailing baby warrants mother’s personal attention and her presence by the baby’s side is

absolutely necessary.

36. Child Adoption Leave—

(1) A female Government employee on valid adoption of a child below the age of one year may

be granted child adoption leave for a period of six months on the lines of maternity leave

admissible to natural mothers after the date of valid adoption.

(2) Child adoption leave may be combined with leave of any other kind.

(3) During the period of child adoption leave, she shall be paid leave salary equal to the pay

drawn immediately before proceeding on leave.

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(4) This facility shall not be admissible to an adoptive mother already having two surviving

children at the time of adoption except in the case of adoption of a girl child.

(5) In continuation of child adoption leave, the adoptive mother may also be granted, if applied

for, leave of the kind due and admissible (including leave not due and commuted leave not

exceeding 60 (sixty) days without production of medical certificate) for a period not exceeding

one year reduced by the age of the adopted child on the date of legal adoption without taking

into account the period of child adoption leave subject to the following conditions, namely:-

(i) This facility shall not be admissible to an adoptive mother already having two surviving

children at the time of adoption except in the case of adoption of a girl child.

(ii) The maximum period of one year leave of the kind due and admissible (including leave not

due and commuted leave not exceeding 60 (sixty) days without production of medical

certificate) shall be reduced by the age of a child on the date of adoption without taking into

account child adoption leave as in following illustrations, namely:-

(a) if the age of the adopted child is less than one month on the date of adoption, leave not

exceeding one year may be allowed;

(b) if the age of the child is six months and above but less than seven months, leave not

exceeding six months may be allowed;

(c) if the age of the child is nine months and above but less than ten months, leave not

exceeding three months may be allowed.

(6) Child adoption leave shall not be debited against the leave account.

(7) In case it is found at any stage that the adoption was not genuine, or the adopted child is

given back, then the salary paid for the period shall be recovered with prevailing rate of interest

from the employee's salary, or the leave availed shall be deducted from the currently due

earned leave.

37. Paternity Leave- (1) A male Government employee with less than two surviving

children, may be granted paternity leave by an authority competent to grant leave for a period of

15 days, during the confinement of his wife for child birth, i.e. up to 15 days before, or up to six

months from the date of delivery of the child.

(2) During such period of 15 days, he shall be paid leave salary equal to pay drawn

immediately before proceeding on leave.

(3) The Paternity Leave may be combined with leave of any other kind.

(4) The Paternity Leave shall not be debited against the leave account.

(5) If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave

shall be treated as lapsed.

Note.- The Paternity Leave shall not normally be refused under any circumstances.

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38. Child Care Leave (for short CCL) to female Government employees- The child care leave

may be granted to a female Government employee, only after clearing of probation period or

any extended period, to take care for the two eldest surviving children for their rearing up or to

look after their needs like examination, sickness etc. The leave will be admissible as under: -

(1) The CCL can be granted for a maximum period of 2 years i.e. 730 days during the entire

service to a female Government employee for taking care of her two eldest surviving children

below the age of 18 years only.

(2) The CCL shall not be debited against the leave account but shall be admissible only

when the concerned female Government employee does not have any earned leave at her

credit. The CCL leave account shall be maintained in Form LR No.3 (Annexure 6) and be kept

in the Service Book of the concerned female Government employee.

(3) The leave salary equal to the pay drawn immediately before proceeding on leave shall

be paid during the CCL and it shall not be debited to the leave account.

(4) The CCL shall be considered as regular leave like Earned Leave, Half Pay Leave etc.

and all Gazetted holidays etc. falling during the period of leave shall be counted for CCL.

(5) The CCL can be availed in more spell.

(6) CCL may also be allowed to a female Government employee for the third year as “Leave

Not Due” (without production of medical certificate) or it may be combined with leave of the kind

due and admissible; provided that no Earned Leave shall be in her credit at that time and leave

salary during the third year will be the same as admissible while on “Leave Not Due” or leave of

the kind due, as the case may be.

(7) The CCL shall not be admissible for the third or next child irrespective of their age.

(8) The CCL may be sanctioned by the authority competent to sanction earned leave under

the rules.

(9) The female Government employee shall proceed on CCL only if it has been sanctioned in

advance and under no circumstances leave already availed or period of unauthorized absence

shall be converted into CCL retrospectively.

(10) The CCL cannot be demanded as a matter of right and under no circumstances the female

Government employee shall not proceed on CCL without prior sanction of the competent

authority.

(11) The CCL has been allowed to facilitate the female Government employees to take care

of their children at the time of need but it should not disrupt the functioning of the Government

offices/institutions/schools etc. The competent authority may keep this in view before the leave

is sanctioned.

39. Hospital Leave-

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(1) The competent authority under rule 34 of these rules may grant hospital leave to such

Government employees whose duties involve handling of dangerous machinery, explosive

materials, poisonous drugs, etc., or the performance of hazardous tasks while under medical

treatment for illness or injury if such illness or injury is directly due to risk incurred in the course

of their official duties.

Note 1.- In the case of persons to whom the workmen’s Compensation Act, 1923 applies the

amount of leave salary shall be reduced by the amount of compensation payable under section

4 (i) (d) of the said Act.

Note 2.- Hospital leave should be granted on the production of a medical certificate from the

medical authorities as specified in rule 17 and 17(3) to the effect that the illness or injury was

directly due to risks incurred in the course of official duties and also that the leave

recommended is necessary to effect a cure. The period of the leave shall be such as may be

certified by the medical authorities to be necessary shall not exceed the maximum laid down in

sub-rule (3) below.

(2) Hospital leave may be granted on leave salary equal to full pay or half pay as the authority

granting it may consider necessary.

(3) Hospital leave shall in no case exceed one hundred and twenty days on full pay in any

period of three years whether such leave is taken at one time or by instalments. Half the

amount of hospital leave on half pay count for the purpose of this limit as leave on full pay.

(4) Hospital leave shall not be debited against the leave account and may be combined with any

other kind of leave which may be admissible: provided the total period of leave after such

combination, shall not exceed twenty eight months.

Note 1.- The words “full pay” in this rule mean the pay on the last day of duty prior to

commencement of leave.

Note 2.- In the case of person to whom the provisions of Employees ‘State Insurance Act,1948

apply, leave salary payable under these rules shall be reduced by the amount of benefit

admissible under the said Act for the corresponding period.

40. Special Disability Leave for Injury Intentionally Inflicted- (1) Subject to the conditions hereinafter specified a competent authority may grant special

disability leave to a Government employee who is disabled by injury intentionally inflicted or

cause in, or in consequence of the due performance of his official duties or in consequence of

his official position.

(2) Such leave shall not be granted unless the disability manifested itself within three months of

the occurrence to which it is attributed, and the person disabled acted with due promptitude in

bringing it to the notice of the competent authority. If the competent authority is satisfied as to

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the cause of disability, it may permit leave to be granted in cases where the disability

manifested itself more than three months after the occurrence of its cause.

(3) The period of leave granted shall be such as is certified by the Medical Authority to be

necessary. It shall not be extended, except on the certificate of that authority, and shall in no

case exceed 730 days.

(4) Such leave may be combined with leave of any other kind.

(5) Such leave may be granted more than once if the disability is aggravated or reproduced in

similar circumstances at a later date, but not more than 730 days of such leave shall be granted

in consequence of any one disability.

(6) Such leave shall be counted as duty in calculating service for pension, but half the amount

of such leave taken under clause (b) of sub-rule (7) below shall be debited against the leave

account.

(7) Leave salary during such leave including a period of such leave granted under clause (5)

shall.-

(a) be equal to full pay for the first 120 days;

(b) for the remaining period of such leave, be equal to leave salary admissible on half pay

leave; or at the Government employee’s option for a period not exceeding the period of earned

leave otherwise admissible to him under rule 24, be equal to leave salary admissible on earned

leave.

(8) (i) In the case of a person to whom Workmen’s Compensation Act, 1923 applies, the amount

of leave salary payable under this rule shall be reduced by the amount of compensation

payable under section 4 (1) (d) of the said Act.

(ii) In the case of a person to whom the Employee’s State Insurance Act,1948 (34 of 1948),

applies, the amount of leave salary payable under this rule shall be reduced by the amount of

benefit admissible under the said Act for corresponding period.

(9) (a) The provision of this rule apply to-

(i) a civil Government employee disabled in consequence of service with a military force, if he is

discharged as unfit for further military service, but is not completely and permanently

incapacitated for further civil service; and

(ii) a civil employee not so discharged who suffers a disability which is certified by a medical

board to be directly attributable to his service with a military force.

(b) in either case, any period of leave granted, to such a person under military rules in respect

of that disability shall be reckoned as leave granted under this rule for the purpose of calculating

the period admissible.

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Note 1.- The intention of this clause is not that special disability leave should be given to cover

any portion of a Government employee’s military service, but that it should be admissible only

after the Government employee’s discharge as unfit for further military service.

41. Special Disability Leave for Accidental Injury- The competent authority may extend the

application of the provisions of rule 32 to a Government employee who is disabled by injury

accidentally incurred in or in consequence of the due performance of his official duties or in

consequence of his official position or by illness incurred in the performance of any particular

duty which has the effect of increasing his liability to illness or injury beyond the ordinary risk

attaching to the civil post which he holds. The grant of this concession is subject to the further

conditions-

(i) That the disability, if due to disease, must be certified by the Medical Authority to be

directly due to performance of the particular duty;

(ii) that if the Government employee has contracted such disability during service

otherwise than with a military force, it must be, in the opinion of the competent

authority to sanction leave, exceptional in character; and

(iii) that the period of absence recommended by the Medical Authority may be covered in

part, by leave under this rule and in part by other kind of leave, and that amount of

special disability leave granted on leave salary equal to that admissible on earned

leave shall not exceed 120 days.

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CHAPTER VI - Study Leave 42. Conditions for Grant of Study Leave-

(1) Subject to the conditions specified in these rules, study leave may be granted to a

Government employee with due regard to the exigencies of public service to enable him to

undergo, in or out of India, a special course of study consisting of higher studies or specialized

training in a professional or technical subject having a direct and close connection with the

sphere of his duty.

(2) Study leave may also be granted-

(i) for a course of training or study tour in which a Government employee may not attend a

regular academic or semi-academic course, if the course of training or the study tour is certified

to be of definite advantage to Government from the point of view of public interest and is related

to the sphere of duties of the Government employee; and

(ii) for the purpose of studies connected with the frame work or back ground of public

administration subject to the conditions that-

(a) the particular study or study tour should be approved by the authority competent to

sanction study leave; and

(b) the Government employee should be required to submit, on his return a full report on the

work done by him while on study leave;

(iii) for the studies which may not be closely or directly connected with the work of a

Government employee but which are capable of widening his mind in a manner likely to

improve his abilities as a Government employee and to equip him better to collaborate with

those employed in other branches of the public service.

Note.- Application for the study leave in case falling under clause (iii) shall be considered

on merits of each case in consultation with the Finance Department.

(3) Study leave shall not be granted, unless-

(i) it is certified by the authority competent to sanction leave that the proposed course of

study or training shall be of definite advantage from the point of view of public interest;

(ii) it is for prosecution of studies in subjects other than academic or literary subjects; and

(iii) the Department of Economic Affairs of the Ministry of Finance agrees to the release of

foreign exchange involved in the grant of study leave, if such leave is outside India.

(4) Study leave out of India shall not be granted for the prosecution of studies in subjects for

which adequate facilities exist in India or under any the schemes administered by the

Department of Economic Affairs of the Ministry of Finance or by the Ministry of Education and

the Ministry of Scientific Research and Cultural Affairs.

(5) Study leave shall not ordinarily be granted to a Government employee-

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(i) who has rendered less than five years’ service under the government ; or

(ii) who does not hold a gazetted post under the Government ; or

(iii) who is due to retire or has the option to retire from the Government service within three

years of the date of which he is expected to return to duty after the expiry of the leave.

(6) Study leave shall not be granted to a Government employee with such frequency as to

remove him from contact with his regular work or to cause cadre difficulties owing to his

absence on leave.

43. Maximum Amount of Study Leave - The maximum amount of study leave which may be

granted to a Government employee shall be-

(i) ordinarily twelve months at any one time which shall not be exceeded save for exceptional

reasons, and

(ii) during the entire service, twenty four months in all (inclusive of study leave granted under

any other rules).

44. Application for Study Leave-

(1) Every application for study leave shall be submitted through proper channel to the authority

competent to sanction study leave. The course(s) of study contemplated by the Government

employee and any examination, which he proposes to undergo shall be clearly specified

therein.

(2) Where it is not possible for the Government employee to give full details in his application, or

if, after leaving India, he is to make any change in the programme which has been approved in

India, he shall submit the particulars as soon as possible to the Head of Mission or the authority

competent to sanction the study leave, as the case may be, and shall not unless prepared to do

at his own risk, commence the course of study or incur any expenses in connection therewith

until he receives approval of the competent authority.

45. Sanction of Study Leave-

(1) Study leave may be granted by the Finance Department.

(2) Where a Government employee borne permanently on the cadre of one department or

establishment is serving temporarily in another department or establishment, the grant of study

leave to him shall be subject to the condition that concurrence of the department or the

establishment to which he is permanently attached is obtained before leave is granted.

(3) Where the study leave is granted for prosecution of studies abroad, the Head of Mission

concerned shall be informed of the fact by the authority granting the leave.

(4) On completion of a course of study, the Government employee shall submit to the

authority which granted him the study leave, the certificates of examination passed or special

courses of study undertaken, indicating the dates of commencement and termination of the

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course with the remarks, if any, of the authority in-charge of the course of study. If the study is

undertaken in a country outside India where there is an Indian Mission, the certificate shall be

submitted through the Head of Mission concerned. When the study leave has been taken in

India or any other country where there is no Indian mission, such certificate shall be forwarded

to the authority, which sanctioned the leave.

46. Combination of Study Leave with Leave of other Kinds-

(1) Study leave may be combined with other kinds of leave, but in no case shall the grant of this

leave in combination with leave other than extraordinary leave, involve a total absence of more

than twenty eight months from the regular duties of the Government employee.

(2) A Government employee granted study leave in combination with any other kind of leave

may, if he so desires, commence his study before the end of the other kind of leave but the

period of such leave coinciding with the course of study shall not count as study leave.

Note.- The limit of twenty eight months of absence prescribed in sub-rule (1) includes the

period of vacation.

47. Regulation of Study Leave extending beyond Course of Study - When the course of

study falls short of leave sanctioned to the Government employee, he shall resume duty on the

conclusion of the course of study, unless the previous assent of the authority competent to

sanction leave has been obtained to treat the period of short fall as ordinary leave. 48. Grant of Study Allowance- A study allowance shall be granted for the period spent in

prosecution the definite course of study at a recognized institution or in any definite tour of

inspection of any special class of work, as well as for the period covered by any examination at

the end of the course of study.

49. Period for which Study Allowance may be Granted- The period for which study allowance

may be granted shall not exceed twenty-four months in all.

50. Rates of Study Allowance- (1) The rates of study allowance, to be revised from time to time by the Government, shall be as

follows:-

Name of Country- Study Allowance per diem

Australia- 1.00 (Sterling)

Continent of Europe- 1.65 (Sterling)

New Zealand- 1.20 (Sterling)

United Kingdom- 2.00 (Sterling)

United States of America- 2.75 ( Sterling)

India- Half of the full daily allowance to which the Government employee would have been

entitled under rules regulating his traveling allowance, if he were on tour to the place of study.

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(2) The rates of study allowance to be granted to a Government employee who takes study

leave in other countries shall be such as may specially be determined by the competent

authority in each case.

51. Conditions governing Grant of the Study Allowance—

(1) Study allowance may be paid at the end of every month provisionally subject to an

undertaking in writing being obtained from the Government employee that he would refund to

Government any over-payment consequent on his failure to produce the required certificate of

attendance or otherwise.

(2) A Government employee may be allowed to draw study allowance for the entire period of

vacation during the course of study subject to the conditions that -

(i) he attends during vacation any special course of study or practical training under the

direction of Government in consultation with Finance Department.

(ii) in the absence of any such direction, he produces satisfactory evidence before the Head

of Mission or the authority competent to sanction study leave, as the case may be, that he has

continued his studies during the vacation.

(3) No study allowance shall be drawn during vacation falling at the end of a course of study

except for a maximum period of fourteen days.

Note.- The period of vacation during which study allowance is drawn shall be taken into

account in calculating the maximum period of twenty four months, for which study allowance is

admissible.

(4) Study allowance shall not be granted for any period during which the Government employee

interrupts his course of study to suit his own convenience:

Provided that the authority competent to sanction study leave, in a case where the study

leave is taken in India or a country where there is no India Mission, and the Head of Mission, in

other cases, may authorize the grant of study allowance for any period not exceeding fourteen

days at a time during which the Government employee is prevented by sickness from pursuing

his course of study.

(5) In the case of a definite course of study at a recognized institution the Study allowance shall

be payable by the authority competent to sanction study leave if the study leave availed of is in

India or in a country where there is no India Mission and by the Head of Mission in other cases,

on claims submitted by the Government employee from time to time, supported by proper

certificates of attendance.

(6) The certificate of attendance required to be submitted in support of the claims for study

allowances shall be forwarded at the end of the term if the Government employee is undergoing

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study in an educational institution, or at intervals not exceeding three months, if he is

undergoing study at any other institution.

(7) When the programme of study approved does not include or does not consist entirely of

such a course of study, the Government employee shall submit to the authority competent to

sanction study leave direct or through the Head of Mission a diary showing how his time has

been spent and a report indicating fully the nature of the methods and operations which have

been studied and including suggestions as to the possibility of adopting such methods or

operations to conditions, obtaining in India. The authority competent to sanction study leave

shall decide whether the diary and report show if the time of the Government employee was

properly employed and shall determine accordingly for what periods study allowance may be

granted.

(8) (i) In the case of a Government employee who does not hold a gazetted post, the payment

of study allowance at the full rate shall be subject to the production of a certificate to the effect

that he is not in receipt of any scholarship/stipend or any other remuneration in respect of any

part-time employment, and

(ii) In the case of a Government employee who not hold a gazetted post, to whom study leave

has been granted in relaxation of the provisions of clause (ii) of sub-rule (5) of rule 42, such a

certificate as is referred to in clause (i) of this sub-rule shall be obtained from him by the

drawing officer and the same shall be enclosed along with the bill for the drawal of study

allowance.

52. Grant of Study Allowance to Government employee in receipt of Scholarship or Stipend—

A Government employee who is granted study leave may be permitted to receive and retain, in

addition to his leave salary, any scholarship or stipend that may be awarded to him from a

Government or non-Government source. Such a Government employee shall ordinarily not be

granted any study allowance; but in cases where the net amount of the scholarship or stipend

(arrived at by deducting the cost of fees paid by the Government employee, if any, from the

value of the scholarship or stipend) is less than the study allowance that would be admissible

but for the scholarship or stipend the difference between the value of the net scholarship or

stipend and the study allowance may be granted by the leave sanctioning authority.

53. Grant of Study Allowance to Government employee who accept part time employment

during Study Leave— If a Government employee, who is granted study leave, is permitted to

receive and retain, in addition to his leave salary, any remuneration in respect of a part-time

employment he shall ordinarily not be granted any study allowance, but in cases, where the net

amount of remuneration received in respect of the part-time employment (arrived at by

deducting from remuneration any cost of fee paid by the Government employees) is less than

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the study allowance that would be admissible but for the remuneration, the difference between

the net remuneration and the study allowance may be granted by the leave sanctioning

authority.

54. Allowances in addition to Study Allowance- The Government employee on study leave

shall be entitled to compensatory allowances at the rates as admissible from time to time at the

station from where he proceeded on study leave subject to the conditions prescribed in Haryana

Civil Services Rules, Part V – Other Compensatory Allowances Rules.

55. Grant of Travelling Allowance- A Government employee shall not ordinarily be paid

travelling allowance but the competent authority may in exceptional circumstances sanction the

payment of such allowance.

56. Cost of Fees for Study- A Government employee granted study leave shall ordinarily be

required to meet the cost of fees paid for the study but in exceptional cases the competent

authority may sanction the grant of such fees:

Provided that in no case shall the cost of fees be paid to a Government employee who is in

receipt of scholarship or stipend from whatever source or who is permitted to receive or retain in

addition to his leave salary, any remuneration in respect of part-time employment.

57. Execution of a Bond— Every Government employee in permanent employ who has

been granted study leave or extension of such leave shall be required to execute a bond as

given in Annexure 2-A or Annexure 2-B, as the case may be annexed to these rules before the

study leave or extension of such leave granted to him commences. If study leave or extension

of such leave is granted to a Government employee not in permanent employ, the bond shall be

executed as given in Annexure 3-A or Annexure 3- B as the case may be annexed to these

rules.

58. Resignation and Retirement-

(1) If a Government employee resigns or retires from service without returning to duty after a

period of study leave or within the stipulated period after such return to duty, he shall be

required to refund-

(i) double the amount of leave salary, study allowance, cost of fees, travelling and other

expenses, if any, incurred by the State Government; and

(ii) the actual amount, if any, of the cost incurred by other agencies, e.g. Foreign

Governments, Foundations, Trusts, etc., in connection with the course of study, together with

interest thereon at Government rates for the time being in force on Government loans, from the

date of demand before his resignation is accepted or permission to retire is granted:

Provided that the amount required to be refunded under this rule shall, in the case of a

Government employee who, on return to duty from study leave is permitted to resign from the

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service and to take up on his own initiative employment under any statutory or autonomous

body or institution under the control of the Government, be reduced to an amount equal to the

expenditure incurred by the Government and the said other agencies in respect of the leave

salary, study allowance, cost of fees, traveling and other expenses sanctioned to him during the

period of study leave together with interest thereon:

Provided further that nothing in this rule shall apply;

(a) to a Government employee who on return to duty from study leave is permitted to retire from

service on medical ground, and

(b) to a Government employee who, after return to duty from study leave, is deputed to serve in

any statutory or autonomous body or institution under the control of the Government and is

subsequently permitted to resign from service under the Government with a view to his

permanent absorption in the said statutory or autonomous body or institution in the public

interest.

(2) The study leave availed of by such a Government employee shall be converted into regular

leave at his credit on the date on which the study leave commenced, any regular leave taken in

continuation of study leave being suitably adjusted for the purpose and the balance of the

period of study leave, if any, which cannot be so converted, treated as extraordinary leave. In

addition to the amount to be refunded by the Government employee under sub-rule (1) he shall

be required to refund any excess of leave salary actually drawn over the leave salary

admissible on conversion of the study leave.

59. Leave Salary during Study Leave— During study leave, a Government employee shall

draw leaves salary equal to the amount admissible during half-pay leave.

60. Counting of Study Leave for Promotion, Pension, Seniority, Leave and Increments—

(1) Study leave shall count as service for promotion, pension and seniority. It shall also count

as service for increments as provided in rule 4.9 of Haryana Civil Services Rules, Part I -

General Rules.

(2) The period spent on study leave shall not count for earning leave other than half pay

leave under these rules

61. Debiting of Study Leave to the Leave Account— Study leave shall be treated as extra

leave on half pay and not to be debited to leave account.

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CHAPTER- VII Leave to other Categories of Employees

62. Leave to Government employee re-employed after Retirementʊ (1) A Government employee retained in service after retirement on superannuation shall earn

earned leave, at the rate which was admissible to him at the time of retirement. The leave

earned by him during the tenure of re-employment can be availed by him as leave as leave

preparatory to retirement or cash payment in lieu of earned leave provided the LPR and cash

payment in lieu of earned leave already availed should not exceed the maximum limit of 300

days.

(2) A Government employee retained in service after the date of retirement on superannuation

will be on extension of service and during the period of extension, he shall continue to be

governed by the leave rules of this chapter till his date of retirement. 63. Leave to the Advocate General- The leave of the Advocate-General will be admissible

as under :-

(a) Leave, on pay equivalent to full remuneration may be sanctioned @ 2.5 days per month’s

period spent on duty as Advocate-General.

(b) Leave on medical certificate on half of the remuneration may be granted @ 1.75 days per

month’s period spent on duty as Advocate General.

(c) Extraordinary leave may be granted without any remuneration, subject to a maximum of four

months at any one time.

(d) Leave of the various kinds may be granted in combination up-to a maximum of 180 days

only at any one time.

(e) For the first two years of the appointment, the Advocate-General will not be entitled to more

than one month’s leave, except on medical certificate in any one year.

64. Leave to Government employees Appointed on Adhoc basisʊ Government

employees appointed on adhoc basis or for a limited period exceeding six months are entitled to

the following regular leave :-

1 Earned Leave will be admissible @ 1.25 days per month’s period spent on duty of the

duty period.

2 Maternity leave to female Government employees will be admissible for a period of six

months.

3 No half pay leave or any other kind of leave will be admissible to them.

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4 Extra ordinary leave will be granted on medical certificate for a period not exceeding one

month.

65. Leave to Government employee Appointed on Contractʊ (1) Where a person is engaged on contract for any period, he will be entitled to leave, during the

currency of contract, at the following rates:-

(a) Leave on full pay may be sanctioned @ 1.25 days per month’s period spent on duty;

(b) Half pay leave for 20 days per year on medical certificate after putting one year service;

(c) Leave without pay may be granted subject to a maximum of one month in a year;

(d) Maternity leave to female Government employees will be admissible for a period of three

months;

(e) Leave of one kind in combination of others may be granted upto a maximum period of three

months at any one time.

(2) If a person is engaged on contract for a specific period and his contract period is further

extended without any break in service, he will be allowed to carry forward the balance of entire

leave at his credit on the date of his extension of contract.

(3) The person engaged on contract shall also be entitled to all Gazetted holidays as admissible

to Government employees of the department.

(4) Leave on medical certificate to Government employee subject to rule 29(2) shall not be

granted for a period extending beyond the term of the Government employee’s contract unless

or until it has been decided to retain him in permanent employment.

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Chapter VIII - Casual, Special and Quarantine Leave Casual Leave

66. Casual Leave- Casual leave is not a recognized form of leave. The Government employee

on casual leave is not treated as absent from duty and his pay is not intermitted. 67. Sanctioning Authority- Casual leave may be granted to Government employee by the

various authorities as under:-

i) Head of Office – Full powers for staff under his control. His own casual leave shall be

sanctioned by next higher authority.

(ii) The officer incharge at sub–office under the Head of Office- Up to four days at a time for

the employees serving under him. His own casual leave shall be sanctioned by Head of Office.

Note.- The Head of Office may delegate the power to any officer working under him in his office.

68. Scale-

(a) Casual leave to male Government employees during a calendar year will be admissible as

under:-

(i) To employees with 10 years service or less- 10 days

(ii) To employees with more than 10 years service but less than 20 years service- 15 days

(iii) To employees with over 20 years service- 20 days

(b) Casual leave to female Government employees during a calendar year will be admissible for

20 days irrespective of length of service.

(c) Casual leave during the first calendar year- Casual leave to a member of the service during

the calendar year in which he is recruited shall be admissible as under:-

1. If service is joined before 30th June 10 days

2. If service is joined between 30th June and 30th September 5 days

3. If service is joined after 30th September 2 days

4. All female Government employees will be entitled to double the casual leave

mentioned above in the calendar year subject to maximum 20 days.

(d) Adhoc Government employees may be granted casual leave as under:-

(i) period of adhoc appointment up to 1 month – Nil

(ii) period of adhoc appointment up to 2 months – 1 day

(iii) period of adhoc appointment up to 3 months – 2 days

(iv) period of adhoc appointment up to 4 months – 3 days

(v) period of adhoc appointment up to 5 months – 4 days

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(vi) period of adhoc appointment up to 6 months – 5 days

(vii) during extension after 6 months one day casual leave more for each completed month

subject to maximum of 10 days in a year.

Note.- The admissibility of casual leave to a adhoc female Government employee will be double

subject to maximum of 20 days in a year.

69. How Calculated- The calendar year in which a male Government employee completes

his 10th or 20th year of service, as the case may be, he will be given leave in that year

according to the next higher scale. Thus if an employee completes 10 years service on the 30th

April 2009, he will be entitled 15 days casual leave in 2009 calendar year.

70. Accounting of Casual Leave-

(a) The casual leave account will be maintained annually from the 1st of January to 31st of

December. All casual leave accounts will be closed on the 31st December and new accounts

opened on the 1st of January, following irrespective of the fact that an official takes a spell of

casual leave which includes the last few days of December, and the first few days of January.

Thus if an official takes leave from the 26th December, 2008, to 5th January, 2009, the period

from 26th December to 31st December will be debited to his leave account for the year 2008 and

the period from 1st January to the 5th January, 2009, will be debited to his leave account for the

year 2009.

(b) short casual leave and late attendance will be debited to casual leave account as under:-

Up to 2 hours absence - 1/3rd of leave

Up to 4 hours absence - ½ of leave

71. Length of Leave and Combination of Leave- In taking casual leave, within the limits

admissible above, an employee may remain continuously absent from duty for a maximum of

16 days. In this spell he will be permitted to include holidays which will not be debited to his

casual leave account. The total spell, however, should in no case exceed 16 days. The

balance of the casual leave can be taken in driblets. It may be emphasized that it is desirable,

but not compulsory for Government employees to take such a spell. Where a Government

employee desires to take such a spell, permission should not ordinarily be refused although of

course the competent authority may adjust the dates on which the spell is taken for

administrative convenience. Casual leave shall not be allowed to be combined with other

regular leave

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72. Absence from Headquarters- No Government employee shall leave his headquarters,

during casual leave or gazetted holidays except with the permission of leave sanctioning

authority.

73. Treating of casual leave- Casual leave is to be treated as duty (on full pay) and can

not be sanctioned on half pay or without pay.

74. Special Casual Leave- Special casual leave is not a recognized form of leave and a

Government employee on special casual leave is not treated as absent from duty. These may

be granted in the following circumstances:-

For participation in Sports Activities- Government employees may be sanctioned special

casual leave for a period not exceeding 30 days in any one calendar year for sporting events of

National and International importance such as -

(i) participating in sporting events of national/international importance;

(ii) coaching/administration of teams participating in sporting events of national/international

importance;

(iii) attending coaching or training camps under All India Coaching or Training Schemes;

(iv) attending coaching or training camps at the National Institute of Sports, Patiala;

(v) participating in mountaineering expeditions;

(vi) attending coaching camps in sports organized by National Sports Federation /Sports Boards

recognized by All India Council of Sports; and

(vii) participating in trekking expeditions.

Note 1.— The Government employees who are selected for participating in sporting events of

National/International importance, the period of the actual days on which they participate in the

events as also the time spent in travelling to and from such tournaments/meets may be treated

as duty. If any pre-participation coaching camp is held in connection with the above mentioned

events and the Government employee is required to attend the same, the period may also be

treated as on duty.

Note 2.— The quantum of special casual leave for a period not exceeding 30 days in a calendar

year allowed to Haryana Government employees, for purposes, indicated at items (iii) to (vii)

above, will cover also their attending the pre-selection trials/camps connected with sporting

events of national/international importance.

Note 3.— Special casual leave to the extent of 15 days to Government employees employed on

six months basis and 7 days to those employed on three months basis may be granted; but

each case should be dealt with on its merits by the authorities competent to grant leave,

keeping in view the type of sporting event, tournament, etc.

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75. Special Casual Leave to Male Government employee under Family Welfare

Programme— Male Government employees having not more than two living children, who undergo

Vasectomy operation in Government hospital under the Family Welfare Programme for the first

time may be granted special casual leave not exceeding six working days. Sundays and closed

holidays intervening should be ignored while calculating the period of special casual leave. If

any employee undergoes Vasectomy operation for the second time on account of the failure of

the first operation, special casual leave not exceeding six days may be granted again on

production of a certificate from the Medical Authority concerned to the effect that the second

operation was performed due to the failure of the first operation. Male Government employee

drawing grade pay upto 6000 are entitled to special casual for 7 days to look after his wife who

undergo Gynae Sterilization or puerperal sterilization operation.

76. Special Casual Leave to Female Government employee under Family Welfare

Programme—

(1) Female Government employees having not more than two living children, who undergo

tubectomy operations in Government hospital – whether puerperal or non-puerperal may be

granted special casual leave not exceeding 14 days.

(2) In the case of female Govt. employees who undergo tubectomy operation for the second

time on account of failure of the first operation, special casual leave not exceeding 14 days to

female Government employee, may be granted again on production of a medical certificate

from the prescribed Medical Authority concerned to the effect that the second operation was

performed due to the failure of the first operation.

(3) Female Government employees who undergo Salpingectomy operation after Medical

Termination of Pregnancy (MTP) may be granted special casual leave not exceeding 14 days.

Note.- Special casual leave under Family Welfare Programme will also be admissible to

Government employees working on ad-hoc basis.

77. Special Casual Leave in lieu of Unavailed Joining Time— Government employee on

transfer from one station to another is not allowed to avail the joining time, in public interest, the

period of joining time not availed may be treated as a special casual leave and to be availed

either in the same calendar year or in the next calendar year.

78. Special Casual Leave for Donating Blood- Two days special casual leave is

admissible to Government employees who donate blood. It will be inclusive of the day the

blood is donated.

53

79. Special Casual Leave to Government employee injured at the hands-of Terrorists while

on Duty—

A Government employee who fall victim to the terrorist violence on duty and is injured in

terrorist violence the period spent by him for recovery in hospital and thereafter for rest would

be treated as special casual leave subject to the following conditions :-

(i) that the employee concerned shall produce a certificate from the competent civil

authority that he was injured in terrorist action.

(ii) that leave shall be sanctioned only on the recommendation of the Medical

authority not below the rank of Senior Medical Officer.

(iii) that the authority to grant leave shall be the same as is in the case of earned

leave

(iv) that no substitute shall be appointed during the period of this leave.

This leave can be given upto three months in the first instance, after which the case will

have to be recommended to the Medical Board.

80. Compensatory Leave- This leave is treated as holiday and can be prefixed or affixed

to any leave. It is granted to non-gazetted Government employee who has to perform duty on a

holiday.

81. Quarantine Leave- Quarantine leave is leave of absence from duty necessitated

by orders not to attend office in consequence of the presence of infectious diseases in the

family of a Government employee. Such leave may be granted by the Head of the Office on the

certificate of a Medical Officer for a period not exceeding 21 days or in exceptional

circumstances 30 days. Any leave necessary for quarantine purposes in excess of this period

shall be treated as ordinary leave. Quarantine leave may also be granted, when necessary, in

continuation of other leave, subject to the above maximum.

Explanation 1.- Quarantine leave is not admissible in the case of a Government employee who

himself contacts an infectious disease.

Explanation 2.- The maximum limits of 21 and 30 days prescribed in this rule refer to each

occasion on which leave is applied for and granted.

Note 1.- Cholera, Small-pox, plague, Diphtheria, Typhus and Cerebrospina Meningitis may be

considered as infectious diseases for the purpose of the rule. In the case of chicken-pox,

quarantine leave should not be sanctioned unless the Health Officer responsible considers that

because of doubt as to the true nature of the disease, for example small-pox, there is a reason

for the grant of such leave. In the case of Government employee stationed in areas under the

administration of other States, such other diseases as may have been declared by those

54

Governments as infectious for the purpose of their quarantine leave may also be considered as

infectious diseases for the purpose of the rule. Such Government employees will, however, be

eligible for quarantine leave for any of the diseases mentioned above, even though it has not

been declared in orders issued by other states concerned to be an infectious disease.

55

Chapter – IX Miscellaneous

82. Relaxation of the provisions of the rules- Where the Finance Department is satisfied that

the operation of any of these rules, causes or is likely to cause undue hardship to a

Government employee, it may, after recording its reasons for so doing and notwithstanding

anything contained in any of these rules, deal with the case of such Government employee in

such manner as may appear to it to be just and equitable.

83. Interpretation - If any question arises as to the interpretation of these rules, the Finance

Department shall decide the same.

84. Delegation of powers – The authorities, which exercise the powers of a competent

authority under the Leave Rules are given in Annexure 1 at the end of these rules.

85. Repeal - The Leave Rules contained in Chapter VIII of Punjab Civil Services Rules,

Volume I, Part I and other provisions contained in Appendices 12, 17 and 20 of the Punjab Civil

Services Rules Volume I, Part II and all rules corresponding to these rules in force immediately

before the commencement of these rules, are hereby repealed:

Provided that any order made or action taken under the rules so repealed shall be deemed to

have been made or taken under the corresponding provisions of these rules.

56

Annexure 1

Authorities Competent to exercise the powers of competent authority under Leave Rules

Sl. No.

Nature of power with rules

Authority competent to whom power is delegated

Extent of power delegated

1. 2. 3. 4. 1. Powers to grant leave

to a Government employee who is unlikely to be fit to Government service – Rule 18

Departments of Government Heads of Departments

Full powers Full powers in respect of non-gazetted Government employees and Group B Officers

2. Power to direct in any case otherwise than as laid down in rule 20 (2 & 3) for combination of holidays with leave

Heads of Departments Full powers

3. Powers to decide in doubtful or inequitable cases which Government employee shall be held to have been in-charge and to whom the pay of the post for Sunday or holidays shall be paid – Rule 20 (4)

Heads of Departments Full powers

4. Power to extend leave overstayed – Rule 23

Departments of Government Heads of Departments Heads of Offices

Full powers Upto 30 days in respect of “A” and “B” Gazetted Officers Upto 30 days in respect of “C” and “D” employees

5. Power to decide in case of doubt whether a particular Government employee is serving in a Vacation Department - Rule 12

Departments of Government

Full powers

6. Earned Leave - Rule 24 and Child Care Leave – Rule 38

Heads of Offices Heads of Departments

(i) Full Powers in respect of Group C and D employees (ii) Upto 60 days in respect of Group A and B employees (i) Full Powers in respect of Group C & D employees

57

Department of Governments

(ii) Upto 120 days in respect of Group A and B employee Full powers upto 180 days in India and upto 360 days out of India

7. Commuted Leave – rule 25(c) (i) On Medical Certificate

(ii) for prosecuting an approved course of study

Heads of Offices Heads of Departments Departments of Government

(i) Full Powers in respect of Group “C” and “D” employees (ii) Full Powers Full Powers with the concurrence of Finance Department

8. Leave Not Due – rule 25 (d)

Heads of Departments Full Powers

9. Extraordinary Leave- Rule 26

Heads of Offices Heads of Departments Departments of Government

Upto 30 days in respect of Group C & D employees Upto six months Upto two years

10. Terminal Leave – Rule 28

Heads of Departments

Full powers

11. Leave Preparatory to Retirement – Rule 30

Heads of Departments Heads of Offices

Full powers for Group A and B Officers Group C and D employees

12. Special Disability Leave – Rule 40 & 41

Finance Department Full powers

13. Study Leave – Rule 42 Finance Department Full powers 14. Maternity Leave – Rule

35, Child Adoption Leave – Rule 36, Paternity Leave – Rule 37

Heads of Offices

Full powers

15. Hospital Leave – Rule 39

Departments of Government

Full powers

Note 1.- The leave will be sanctioned by the competent authority strictly as per conditions

mentioned in the various rules.

Note 2.- The leave will be sanctioned with/ without substitute as per administrative exigencies.

Note 3.- In respect of Government employees on foreign service, the foreign employer shall be

competent to sanction leave to the extent of competency of the Head of Department.

58

Note 4.- In case a Government employee applies for leave in combination of more than one

kind of leave, the whole spell of the leave will be sanctioned by the highest competent authority

irrespective of the period of leave of any kind.

Note 5.- The Departments of Government and Heads of the Departments concerned may re-

delegate the powers, delegated to them as above in the table to any officer under them at their

headquarter offices on their own overall responsibility and subject to such conditions and

restrictions as they may like to impose. Copies of such orders should invariably be endorsed to

the Finance Department and the Accountant-General, Haryana.

59

Annexure 2 - A Bond for Study Leave

(See Rule 57)

Bond for Permanent Government employees proceeding on Study Leave under the Study Leave rules KNOW ALL MEN BY THESE PRESENTS THAT I, ------------------resident of-----------------in the

district of---------------at present employed as --------------------in the Department/Office of -----------

--------do here by bind myself and my heirs, executors and administrators to pay the Governor of

Haryana (herein after called the “Government”) on demand the sum of Rs.------------(Rupees ----

---------------------- only) together with interest thereon from the date of demand at Government

rates for the time being in force on Government loans or, if payment is made in a country other

than India, the equivalent of the said amount in the currency of that country converted at the

official rate of exchange between that country and India AND T0GETHER with all cost between

attorney and client and all charges and expenses that shall or may have been incurred by the

Government.

WHEREAS I, ------------------ am granted study leave by Government.

AND WHEREAS for the better protection of the Government I have agreed to execute this Bond

with such condition as hereunder is written:

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my

failing to resume duty, or resigning or retiring from service or otherwise quitting service without

returning to duty after the expiry or termination of the period of study leave or failing to complete

the course of study or at any time within a period of three years after my return to duty, I shall

forthwith pay to the Government or as may be directed by the Government, on demand the said

sum of Rs.------------------(Rupees---------------------- only) together with interest thereon from the

date of demand at Government rates for the time being in force on Government loans.

AND upon my making such payment, the above- written obligations shall be void and of

no effect, otherwise it shall be and remain in full force and virtue.

The Bond shall in all respects be governed by the laws of India for the time being in force

and the right and liabilities hereunder shall, where necessary, be accordingly determined by the

appropriate Courts in India.

The Government of Haryana have agreed to bear the stamp duty payable on this Bond.

Signed and dated this ------------------- day of ------------- two thousand and -----------------

60

Signed and delivered by ---------------------

in the presence of Witness

(1)

(2)

ACCEPTED

For and on behalf of the Governor of

Haryana

61

Annexure 2 – B (See Rule 57)

Bond for Permanent Government employees granted extension of Study Leave KNOW ALL MEN BY THESE PRESENTS THAT I, ……………..resident of

……………………………….. in the District of……………………… at present employed as

……………………………… in the Department/Office of ……………… do hereby bind myself

and my heirs, executors and administrators to pay to the Government of Haryana (hereinafter

called “the Government”) on demand the sum of Rs. ------------- (Rupees ----------------------only)

together with interest thereon from the date of demand at Government rates for the time being

in force on Government Loans or, if payment is made in a country other than India, the

equivalent of the said amount in the currency of that country converted at the official rate of

exchange between that country and India AND TOGETHER with all costs between attorney and

client and all charges and expenses that shall or may have been incurred by the Government

WHEREAS I, ………………………….. was granted study leave by Government for the period

from …………………. to ………………… in consideration of which I executed a bond, dated

……… , for Rs. --------------- (Rupees ------------------ only) in favour of Government of Haryana.

AND WHEREAS the extension of study leave has been granted to me at my request until

……………………………..

AND WHEREAS for the better protection of the Government I have agreed to execute this

bond with such conditions as hereunder are written.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of my

failing to resume duty, or resigning or retiring from service or otherwise quitting service without

returning to duty after the expiry or termination of the period of study leave so extended or

failing to complete the course of study or any time within a period of three years after my return

to duty, I shall forthwith pay to the Government or as may be directed by the Government, on

demand the said sum of Rs……………………………… (Rupees………………………………only)

together with interest thereon from the date of demand at Government rates for the time being

in force on Government loans.

AND upon my making such payment the above written obligation shall be void and of no

effect, otherwise it shall be and remain in full force and virtue.

The Bond shall in all respects be governed by the laws of India for the time being in force and

the rights and liabilities hereunder shall, where necessary, be accordingly determined by the

appropriate Courts in India.

62

The Government of Haryana have agreed to bear the stamp duty payable on this bond.

Signed and dated this ------------------- day of --------------- two thousand and -------------------

Signed and delivered by -------------------in the presence of Witnesses:

(1)

(2)

ACCEPTED

For and on behalf of the

Government of Haryana.

63

Annexure 3 - A (See Rule 57)

Bond for Temporary Government Employees Proceeding on Study Leave under the Study Leave Rules KNOW ALL MEN BYTHESE PRESENTS THAT WE------------residents of---------------in the

District of---------------at present employed as -------------------------in the Department/Office of------

-------------------(hereinafter called “the Obligor”) and Shri/Smt./Km ---------------- son/daughter of-

----------------------- of -----------------and Sh./Smt./Km------------son/daughter of --------------- of -------

-------(hereinafter called “the Sureties”) do hereby jointly and severally bind ourselves and our

respective heirs, executors and administrators to pay to the Governor of Haryana (hereinafter

called the Government ) on demand the sum of Rs. ---------- (Rupees --------------only) together

with interest thereon from the date of demand at Government rates for the time being in force

on Government loans or, if payment is made in a country other than India, the equivalent of the

said amount in the currency of that country converted at the official rate of exchange between

that country and India AND TOGETHER with all costs between attorney and client and all

charges and expenses that shall or may have been incurred by the Government.

WHEREAS the Obligor is granted study leave by the Government:

AND WHEREAS for the better protection of the Government, the Obligor has agreed to execute

this Bond with such condition as hereunder is written:

AND WHEREAS the said Sureties have agreed to execute this Bond as Sureties on behalf of

the above bounden---------------------.

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATION IS THAT in the event of the

Obligor Shri/Smt./Km-------------------- failing to resume duty, or resigning from service or

otherwise quitting service without returning to duty after the expiry or termination of the period

of study leave or failing to complete the course of study or at any time within a period of three

years after his return to duty the Obligor and the Sureties shall forthwith pay to the Government

or as may be directed by the Government, on demand the said sum of Rs.-------------(Rupees----

---------------- only) together with interest thereon from the date of demand at Government rates

for the time being in force on Government loans.

64

PROVIDED ALWAYS that the liabilities of the Sureties hereunder shall not be impaired or

discharged by reason of time being granted or by any forebearance, act or omission of the

Government or any person authorized by them (whether with or without the consent or

knowledge of the Sureties) nor shall it be necessary, for the Government to sue the Obligor

before suing the Sureties Shri/Smt./Km. ----------------and Shri/Smt./Km. ------------------or any of

them for amounts due hereunder.

The Bond shall in all respects be governed by the laws of India for the time being in force and

the rights and liabilities hereunder shall, where necessary, be accordingly determined by the

appropriate Courts in India.

The Government of Haryana have agreed to bear the stamp duty payable on this bond.

Signed and dated this ------------------- day of --------------- two thousand and -------------------

Signed and delivered by the Obligor

Above named Shri/Smt./Km. -------------------------in the presence of ------------------Witnesses:

(1)

(2)

Signed and delivered by the Surety abovenamed Shri/Smt./Km. ----------------------- In the

presence of --------------------

Witnesses 1.-----------------------

2. -----------------------

Signed and delivered by the Surety abovenamed Shri/Smt./Km. ----------------------- In the

presence of --------------------

Witnesses 1.-----------------------

2.-----------------------

ACCEPTED

For and on behalf of the Government of Haryana.

65

Annexure 3 -B (See Rule 57)

Bond for Temporary Government Employees granted extension of Study Leave KNOW ALL MEN BY THESE PRESENTS THAT WE-------------------residents of---------------

in the District of-------------------at present employed as-------------------------------- in the

Department/Office of --------------------- (hereinafter called “the Obligor”) and Shri/Smt/Km----------

-------,son/daughter of -------------------------- of --------------------- and Sh./Smt./Km ---------------------

--- son/daughter ----------------------- of ---------------------------(hereinafter called “the Sureties”) do

hereby jointly and severally bind ourselves and our respective heirs, executors and

administrators to pay to the Governor of Haryana (hereinafter called “the Government“) on

demand the sum of Rs.----------- (Rupees ----------------------- only) together with interest thereon

from the date of Demand at Government rates for the time being in force on Government loans

or, if payment is made in a country other than India, the equivalent of the said amount in the

currency of that country, converted at the official rate of exchange between that country and

India and TOGETHER with all costs between attorney and client and all charges and expenses

that shall or may have been incurred by the Government.

WHEREAS the Obligor was granted study leave by the Government for the period from ----------

---------to ------------------------in consideration of which he executed a Bond, dated-------------------

for Rs.------------------------ (Rupees------------------------- only) in favour of the Government of

Haryana.

AND WHEREAS the extension of study leave has been granted to the Obligor at his request

until-------------------------------. AND WHEREAS for the better

protection of the Government the Obligor has agreed to execute this Bond with such condition

as hereunder is written:

AND WHEREAS the said Sureties have agreed to execute this Bond as Sureties on behalf of

the above bounden----------------------- .

NOW THE CONDITION OF THE ABOVE WRITTEN OBLIGATIONDS IS THAT in the event of

the Obligor Sh./Smt./Km. -----------------------failing to resume duty, or resigning from service or

otherwise quitting service without returning to duty after the expiry or termination of the period of

study leave so extended or failing to complete the course of study or at any time with in a period

of three years after his return to duty, the Obligor and the Sureties shall forth with pay to the

Government or as may be directed by the Government on demand the said sum of Rs.------------

(Rupees-------------------only) together with interest thereon from the date of demand at

Government rates for the time being in force on Government loans.

66

And upon the Obligor Sh./Smt./Km -----------------and , or Sh./Smt./Km -----------------and, or

Sh./Smt./Km -------------------- the Sureties aforesaid making such payment the above written

obligation shall be void and of no effect, otherwise it shall be and remain in full force and virtue:

PROVIDED ALWAYS that the liabilities of the Sureties hereunder shall not be impaired or

discharged by reason of time being granted or by any forebearance, act or omission of the

Government or any person authorized by them (whether with or without the consent or

knowledge of the Sureties) nor shall it be necessary, for the Government to sue the Obligor

before suing the Sureties Shri/Smt./Km. ----------------and Shri/Smt./Km. ------------------or any of

them for amounts due hereunder.

The Bond shall in all respects be governed by the laws of India for the time being in force and

the rights and liabilities hereunder shall, where necessary, be accordingly determined by the

appropriate Courts in India.

The Government of Haryana have agreed to bear the stamp duty payable on this bond.

Signed and dated this ------------------- day of --------------- two thousand and -------------------

Signed and delivered by the Obligor

abovenamed Shri/Smt./Km -------------------------in the presence of ------------------ Witnesses:

(1)

(2)

Signed and delivered by the Surety abovenamed Shri/Smt./Km ----------------------- In the

presence of --------------------

Witnesses 1.-----------------------

2. -----------------------

Signed and delivered by the Surety abovenamed Shri/Smt./Km ----------------------- In the

presence of --------------------

Witnesses 1.-----------------------

2. -----------------------

ACCEPTED

For and on behalf of the

Government of Haryana.

67

Annexure –4

Form LR No. 1 (Refer to Rule 13)

Application for leave or for extension of leave

1 Name of applicant …

2 Post held …

3 Department

4 (i) Office

(i) Branch

5 Nature of leave

6 Rule applicable

7 Period of leave applied for

8 Sundays and holidays, if any , proposed

to be :-

(i) prefixed -

(ii) affixed -

9 Ground on which leave is applied for

10 Last leave availed:-

(i) period of leave -

(ii) nature of leave -

11 Address & Telephone No. during the

leave period

Signature of applicant

(with date)

12 Remarks and/or recommendations of the

officer in-charge.

Signature (with date)

Designation_______________

Certificate regarding admissibility of leave (for office use)

68

14 Certified that ---------------------- (nature of leave) for ---------- (period) from----------

to------------------ is admissible under rule -------------------- .

Signature (with date)

Designation _______________

15 Orders of the sanctioning authority to grant leave ….

Signature (with date)

Designation _______________

1

Annexure 5 Form LR No. 2

(See rule 14)

Form of Leave Account Earned Leave Half Pay Leave on Private Affairs and on

Medical Certificate

Duty Leaved earned in days

Leave at credit (in days columns 9+4)

Leave taken Balance on return from leave (Col. 5-8)

Length of service Credit of leave

From To No. of month’s spent on duty

From To No. of days

From To No. of completed years of service

Leave earned (in days)

Leave at credit (Column 26+13)

1 2 3 4 5 6 7 8 9 10 11 12 13 14

Leave Taken

Balance on return from leave Column (14-25)

RemarksLeave on private affairs or on medical certificate

Commuted leave on medical on full pay (limited to 240 days in entire service)

Commuted leave converted into half-pay leave (twice of column 20)

Leave not due on medical certificate limited to 360 days in entire service

Total half pay leave taken (Cols. 17+21+24)

From To No. of days

From To No. of days

From To No. of days

15 16 17 18 19 20 21 22 23 24 25 26 27

Instructions 1. Periods of Extraordinary leave taken should be noted in red ink in column 27 for remarks.

2. The entries in columns 10 and 11 should indicate only the beginning and end of completed

years of service at the time the half pay leave commences. In cases where a Government

employee completes another years of service while on half pay leave, the extra credit should be

shown in columns 10 to 14 by making suitable additional entries and this should be taken into

account when completing column 26.

3. Wherever transition from one fraction to another takes place, the credit at the stage should be

rounded off to the nearest day i.e. fraction below half should be ignored and those of half or

more should be reckoned as a day.

4. For different rates of earning leave during different spans of service rule 24 and/or 25 of

Haryana Civil Services Rules, Part II - Leave Rules may be referred to.

5. In order to apply the maximum limits of ‘commuted leave’ and ‘leave not due’ as prescribed in

the relevant rules, sum total of such entries appearing in columns 20 and 24, respectively will

be taken into account.

1

Annexure 6 Form LR No. 3

(See Rule 38)

Form for Child Care Leave

Period of Child Care Leave Taken Balance of Child Care Leave Signature of

Head of Office

From

1

To

2

Balance

3

Date

4

5

1

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART III - Pension Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of

new Haryana Civil Services Rules in eight parts, which have been issued, in

exercise of the powers conferred by the proviso to Article 309 of the

Constitution of India, as under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining

time, foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General

Provident Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to

travelling allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules

relating to house rent allowance, conveyance allowance, hill allowance

etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules

relating to conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and

orders contained in the Punjab Civil Services Rules, Volume I, Part – I Main

Rules (First Edition) 1941 and further modified in the background of the

changes resulting from the partition of the Punjab and constitutional

requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941

(First Edition) were being used by the Government, with amendments from

time to time, till date before the updation in the present form, and these rules

have been brought out in VIII parts, as detailed above, for the sake of

convenience and facility for easy handling of the books to the readers.

3

4. These rules will apply to Government employees belonging to the

categories mentioned in rule 1.2 of Part I – General Rules of these rules from

the date of issue of this publication.

5. These rules, except Travelling Allowance Rules contained in Part V of

these rules, shall not apply to members of the I.A.S. and I.P.S. serving under

the Haryana Government. However, they will be governed by the rules issued

by the President of India in this behalf.

6. The opportunity has also been taken to include important orders

relating to interpretation of rules, in the form of “Notes” or Illustrations” below

the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series “GR, LR and PF” (abbreviation for General Rules, Leave

Rules, Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing

rules contained in Haryana Civil Services Rules, Part I to VI and the Chief

Secretary, General Administration Department is the competent rule making

authority for Part VII - Government Employees Conduct Rules and Part VIII -

Punishment and Appeal Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for

updating, re-writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these

rules, are requested to bring them to the notice of their Head of Departments,

who will please submit their proposals to the Finance Department, through the

Administrative Department concerned for Part I to VI and to the Chief

Secretary, General Administration Department for Part VII and VIII

respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

The Haryana Civil Services Rules Part III –Pension Rules

Chapter I – Preliminary Section - I

1.1. Short title and commencement: - (a) These rules may be called the Haryana Civil Services Rules, Part III –

Pension Rules, 2012.

(b) These rules have been issued by the Governor of Haryana under

proviso to Article 309 of the Constitution of India.

(c) They shall come into force on the date of their publication in the official

gazettee.

1.2. Extent of Application and Definitions: - (a) Save as otherwise provided in these rules, these rules shall apply to

Govt. employees appointed on or before 31st day of December, 2005, who

are borne on pensionable establishments, but shall not apply to –

(i) persons in casual and daily-rated employment;

(ii) persons paid from contingencies;

(iii) persons entitled to the benefit of a Contributory Provident Fund;

(iv) members of the All India Services’

(v) persons employed on contract except when the contract provides

otherwise; and

(vi) persons whose terms and conditions of service are regulated by or under

the provisions of the Constitution or any other law for the time being in force.

(b) The provisions of rules 1.5 to 1.8 of Haryana Civil Services Rules, Part

I - General Rules shall apply mutatis mutandis to the rules in this part also.

Section II – Definitions 1.3. The terms defined in Chapter II of Haryana Civil Services Rules, Part I

– General Rules have, unless there is anything repugnant in the subject or

context, the same meaning and implications when used in this part.

Note.- Unless the contrary appears from the context or subject the term

"pay" means pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services

5

Rules, Part I – General Rules i.e. pay in pay band plus grade pay in the

revised pay structure.

Section III – Repeal and Saving 1.4. The pension rules contained in Punjab Civil Services Rules, Volume II

and Family Pension Scheme, 1964 contained in Appendix I to the ibid rules

are hereby repealed. Anything done or any action taken under rules so

repealed, shall be deemed to have been done or taken under the

corresponding provisions of these rules.

6

B – Ordinary Pensions Chapter II - General Provisions for Grant of Pensions

Section I - General

2.1. Every pension shall be held to have been granted subject to the

conditions contained in rules 5.1 to 5.9 of these rules.

2.2. (a) Future good conduct shall be an implied condition of every grant

of a pension and its continuance under these rules.

(b) The appointing authority reserves to itself the right of withholding or

withdrawing a pension or any part of it, whether permanently or for a specified

period, if the pensioner is convicted of serious crime or is found guilty of grave

misconduct. The decision of the appointing authority on any question of

withholding or withdrawing the whole or any part of pension under this rule

shall be final and conclusive:

Provided that, where a part of pension is withheld or withdrawn, the

amount of such pension shall not be reduced below the amount fixed as

minimum pension.

(2) Where a pensioner is convicted of a serious crime by a Court of Law,

action under sub-rule (1) shall be taken in the light of the judgement of the

Court relating to such conviction.

(3) In a case not falling under sub-rule (2), if the authority referred to in sub-

rule (1) considers that the pensioner is prima facie guilty of grave misconduct,

it shall before passing an order under sub-rule(1),

(a) serve upon the pensioner a notice specifying the action proposed to be

taken against him and the ground on which it is proposed to be taken and

calling upon him to submit, within fifteen days of the receipt of the notice or

such further time not exceeding fifteen days as may be allowed by the

Appointing Authority such representation as he may wish to make against the

proposal; and

(b) take into consideration the representation, if any, submitted by the

pensioner under Clause (a).

3(A) Without prejudice to the provisions of sub-rule (3), no Government

employee who having worked in any intelligence or security-related

Organization included in the Second Schedule to the Right to Information

7

Act, 2005, shall without prior clearance from the Head of the Department in

the aforesaid Organizations make any publication after retirement of any

material relating to sensitive information, the disclosure of which would

prejudicially affect the sovereignty and integrity of India, the security, strategic,

scientific or economic interests of the State or relation with a foreign State, or

which would lead to incitement of an offence;

(b) The Government employees who have worked in any Intelligence or

Security-related Organization included in the Second Schedule to the Right to

Information Act, 2005, shall given an undertaking in regard to the above

restriction in Form 26 appended to these rules and any failure to observe such

an undertaking on the part of the retired Government employees shall be

treated as grave misconduct under this rule;

(4) Where the authority competent to pass an order under sub-rule (1) is the

President, the Union Public Service Commission shall be consulted before the

order is passed.

(5) An appeal against an order under sub-rule (1), passed by 7 any authority

other than the President, shall lie to the President and the President shall, in

consultation with the Union Public Service Commission, pass such orders on

the appeal as he deems fit.

Explanation:- In this rule, the expression “Serious Crime” includes a crime

involving an offence under the Official Secrets Act, 1923 (19 of 1923) and the

expression “grave misconduct” includes the communication or disclosure of

any secret official code or pass-word or any sketch, plan, model, article, note,

document or information such as it mentioned in Section 5 of the said Act

(which was obtained while holding office under the Government) so as to

prejudicially affect the interests of the General Public or the security of the

State.”

2.3. (a) A claim against the Government employee may become known

and the question of making recovery may arise -

(i) when the calculation of pension is being made and before the pension

is actually sanctioned; or

(ii) after the pension has been sanctioned.

(b) The claim and the recovery may be one or other of the following

categories:-

8

(1) Recovery as a punitive measure in order to make good loss caused to

Government as a result of negligence or fraud on the part of the person

concerned while he was in service.

(2) Recovery of other Government dues such as over issues of pay,

allowances or leave salary, or admitted and obvious dues such as house

rent, travelling allowance, outstanding motor car, house building, or other

advances.

(3) Recovery of non-Government dues.

(c) In cases falling under (a) above, none of the recoveries mentioned

in (1) to (3) above may be effected by a reduction of the pension about to

be sanctioned except in the following circumstances:-

(i) When the pensioner by request made or consent given has agreed that

the recovery may be made. If such request is not made or consent is not

given by the pensioner, even sums admittedly due to Government on account

of over payment of pay and allowances, outstanding advances etc., may not

be recovered from pension. However these sums may be recovered from

the other outstanding dues of the employee such as pay or leave salary, leave

encashment and death-cum retirement gratuity. In case the sums due to

Government cannot be fully recovered, in this manner, then a suit for recovery

shall be filed in a court of law.

(d) In cases falling under (b) above, none of the recoveries described in

clauses (1) to (3) may be effected by the deduction from a pension

already sanctioned except at the request or with the express consent of the

pensioner. Under rule 2.2 (a) of these rules, future good conduct is an implied

condition of every grant of a pension and a pension can be withheld or

withdrawn in whole or in part, if the pensioner is convicted of serious crime or

is guilty of grave misconduct. This, however, refers only to crime or

misconduct occurring after the pensioner has retired from service, and the rule

would not, therefore, cover a reduction of pension made for the purpose of

retrieving loss caused to Government as a result of negligence or fraud on

the part of the pensioner occurring before he had retired from service.

In cases where the pensioner does not agree to recovery being made even of

sums admittedly due to Government, the provision under (c) above will also

be applicable.

9

Note1.- Heads of offices should see that all the outstanding sums against the

employee are adjusted against the dues of the employee such as pay, leave

salary or leave encashment. In case the outstanding sums are not feasible to

be recovered fully then the outstanding amount should be clearly and

completely noted in the last pay certificate for effecting recovery from death-

cum retirement gratuity and if the recovery is to be effected from pension, it

should be clearly recorded on the last pay certificate itself that the

request or express consent of the pensioner in writing to the recovery

from his pension has been obtained.

Note 2.- The compassionate allowance is an ex-gratia monthly payment and

is not a kind of pension, recoveries from it may also not be made without the

consent of the recipient.

Note 3.- The recovery from pension is not permissible but if final recovery has

been made it need not be refunded to the pensioner concerned.

2.4. The Government further reserve to themselves the right of withholding

or withdrawing a pension or any part of it, whether permanently or for a

specified period and the right of ordering the recovery from a pension of the

whole or part of any pecuniary loss caused to Government, if the pensioner

is found in departmental or judicial proceedings, to have been guilty of

grave misconduct or to have caused pecuniary loss to Government by

misconduct or negligence, during his service including service rendered on

re-employment after retirement:

Provided that -

(1) such departmental proceedings, if instituted while the Government

employee was in service whether before his retirement or during his re-

employment shall after the final retirement of the Government employee, be

deemed to be a proceeding under this rule and shall be continued and

concluded by the authority by which it was commenced in the same

manner and as if the Government employee had continued in service,

(2) such departmental proceedings, if not instituted while the

Government employee was on duty either before retirement or during re-

employment,-

(i) shall not be instituted save with the sanction of the Government;

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(ii) shall be in respect of an event which took place not more than four

years before the institution of such proceedings; and

(iii) shall be conducted by such authority and at such place or places

as the Government may direct and in accordance with the

procedure applicable to departmental proceedings in which an

order of dismissal from service could be made;

(3) such judicial proceedings, if not instituted while the Government

employee was on duty either before his retirement or during his re-

employment, shall be instituted in respect of an event as is mentioned in

clause (ii) of proviso (2); and

(4) The Haryana Public Service Commission or The Haryana Staff

Selection Commission, as the case may be, shall be consulted before final

orders are passed.

Explanation:- For the purpose of this rule:-

(1) departmental proceedings shall be deemed to have been instituted

when the charges framed against the pensioner are issued to him or, if the

Government employee has been placed under suspension from an earlier

date, on such date; and

(2) judicial proceedings shall be deemed to have been instituted.

(i) in the case of criminal proceeding, on the date on which the

complaint is made or a challan is submitted to a criminal court; and

(ii) in the case of civil proceeding, on the date on which the plaint is

presented or, as the case may be, an application is made to civil court.

Note 1.- As soon as proceedings of the nature referred to in the above rule

are instituted, the authority which institutes such proceedings should

without delay intimate the fact to the Accountant General.

Note 2.- In a case in which a pension as such is not withheld or withdrawn,

but the amount of any pecuniary loss caused to Government is ordered to be

recovered from the pension, the recovery should not ordinarily be made at

a rate exceeding one-third of the gross pension originally sanctioned

including any amount which may have been commuted.

Note 3.- Where a part of pension is withheld or withdrawn, the amount of such

pension shall not be reduced below the amount fixed as minimum pension.

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Section II- Compassionate Allowance

2.5. No pension may be granted to a Government employee dismissed or

removed for misconduct, insolvency or inefficiency; but to Government

employees so dismissed or removed, compassionate allowances may be

granted when they are deserving of special consideration:

Provided that the allowance granted to any Government employee shall

not exceed two-thirds of the pension which would have been admissible

to him if he had retired on medical certificate.

Note 1.- This rule vests Government with an absolute discretion to grant or

not to grant any compassionate allowance, the only restriction being that

if granted, it shall not exceed the maximum of two-thirds of the pension that

would be admissible to the Government employee concerned on retirement

on medical certificate. It is practically impossible in view of the wide

variations that naturally exist in the circumstances attending each case, to lay

down categorically precise principles that can uniformally be applied to

individual cases. Each case, has, therefore, to be considered on its merits

and a conclusion has to be reached on the question whether there were any

such extenuating features in the case as would make the punishment

awarded, though it may have been necessary in the interests of

Government, unduly hard on the individual. In considering this question, it

has been the practice to take into account not only the actual misconduct

or course of misconduct which occasioned the dismissal or removal of the

Government employee, but also the kind of service he has rendered. Where

the course of misconduct carries with it the legitimate inference that the

Government employee service has been dishonest there can seldom be any

good case for a compassionate allowance. Poverty is not an essential

condition precedent to the grant of a compassionate allowance, but special

regard is also occasionally paid to the fact that the officer has a wife and

children dependent upon him, though this factor by itself, is not, except

perhaps in the most exceptional circumstances, sufficient for the grant of a

compassionate allowance.

(See also note 2 below Rule 11.1)

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Note 2.- A commutation to such an allowance may be sanctioned by a

competent authority only on proof that the proceeds of the commutation will

be invested for the permanent benefit of the commuter’s family.

Note 3.- In cases where it is proposed to grant a Government employee

dismissed or removed from service, a compassionate allowance, the

sanctioning authority should not condone deficiencies in service, for the

purpose of determining the amount of pension that would have been

admissible to him if he had retired on medical certificate on the basis of

which the compassionate allowance is calculated.

Section III – Limitations

2.6. (a) A Government employee cannot earn two pensions in the

same post at the same time, or by the same continuous service.

(b) Save as provided in rule 3.15 of Haryana Civil Services Rules, Part - I,

General Rules, two Government employees may not simultaneously count

service in respect of the same post.

13

CHAPTER III - Service Qualifying for Pension Section I – General

A - Beginning of Service

3.1. Unless it is otherwise provided by special rule or contract, the service

of every Government employee begins to qualify for pension when he takes

charge of the post to which he is first appointed.

3.2. Except for compensation gratuity, the service of a Government

employee does not qualify till he has completed eighteen years of age.

Section II - Conditions of Qualification

A – General

3.3. The service of a Government employee does not qualify for pension

unless it conforms to the following three conditions:-

First - The service must be under Government.

Second - The employment must be regular.

Third - The service must be paid for by Government.

B- First Condition - Service under Government

3.4. The service of a Government employee does not qualify unless he is

appointed and his duties and pay are regulated by the Government, or under

conditions determined by the Government.

C- Second Condition – Regular Employment

(i) - General

3.5. If an employee was holding a regular post on the date of his retirement,

his temporary/ officiating/ permanent continuous service without interruption

from the date of his regular employment in the same or another post under the

State Government, shall count in full as qualifying service for pension.

Note 1.- In the case of a Central/State Governments employee who is

permanently transferred to Haryana Government and becomes subject to

these rules, the terms "temporary/ officiating/ permanent continuous service",

shall include such service rendered under Central/ State Governments.

Note 2.- In respect of employees, who render service under the

Central/State Governments prior to securing posts under the Haryana

State on their own volition in response to advertisements or circulars, their

service in the previous Government shall be counted as qualifying service for

pension provided they apply for the post through proper channel.

14

Note 3.- Where an employee is required for administrative reasons for

satisfying technical requirement, to tender resignation from the post held by

him before joining the new appointment in Haryana State, a certificate to the

effect that such resignation had been tendered for administrative reasons

and/or to satisfy a technical requirement, to join, with proper permission, the

new post, may be issued by the authority accepting the resignation. A

record of this certificate may also be made in his service book under proper

attestation to enable him to get this benefit. The sanction regarding the

counting of such service for pension be accorded by the competent authority

on the request of the employee within a reasonable time after appointment

and not at the time of his retirement.

The gratuity, if any, received by the Government employee for such service

from the previous Government will have to be refunded by him to

Haryana Government in lumpsum, alongwith interest with annual

compounding at the rate applicable to General Provident Fund.

(b) The employee who while holding a post under Central/State

Governments apply for a post under Haryana State direct without permission

and resigns his previous post to join the new appointment shall not be

entitled to count his previous service for pension.

3.6. (a) Subject to the provisions of clause (d) below, all regular service

interrupted or continuous under Haryana Government shall be treated as

qualifying service for pension. The adhoc service followed by regularization

shall also be counted as qualifying service for pension. The period of break in

between two or more spells of service shall be omitted while working out

aggregate service.

(b) Extraordinary leave counted towards increments under rule 4.9 (b) (ii)

of Haryana Civil Services Rules, Part-I, General Rules will be treated as

service qualifying for pension.

(c) Periods of suspension, dismissal, removal, compulsory retirement

followed by re-instatement will count for pension to the extent permissible

under rule 4.9 of these Rules readwith rule 7.3 of the Haryana Civil Services

Rules, Part-I, General Rules.

(d) Resignation from the public service or dismissal or removal from it

for misconduct, insolvency, inefficiency, not due to age, or failure to pass a

15

prescribed examination will entail forfeiture of past service in terms of rule

4.10 (a) of these Rules.

(e) An interruption in the service of a Government employee caused by

wilful absence from duty and unauthorized absence without leave will as

hitherto entail forfeiture of past service.

Explanation .- The wilful refusal to perform duties by a Government employee

by any means including pen down strikes shall be deemed to be wilful

absence from duty.

(f) The service paid from contingencies followed by regularization will

count as qualifying service subject to the following conditions: -

(i) Service paid from contingencies should have been in a job involving

whole time employment and not part time for a portion of day;

(ii) Service paid from contingencies should be in a type of work or job for

which regular post should have been sanctioned;

(iii) The service should have been such for which the payment is made

either on monthly or daily rates computed and paid on a monthly basis

and which though not analogous to the regular scale of pay/ pay structure

should bear some relations in the matter of pay to those being paid for

similar jobs being performed by staff in regular establishments; and

(iv) The service paid from contingencies should have been continuous and

followed by absorption in regular employment without a break.

Note .- While bringing contingent paid employee to the regular

establishment an entry for verification of contingent service should be made

at the appropriate place in his service book, preferably before making

any entry regarding his regular service in the following manner:-

"Service from__________ to___________ paid out of contingencies verified

from acquaintance rolls and office copies of contingent bills". This entry

should be signed by the Head of Office with date.

(g) The entire service rendered by an employee as work charged shall be

reckoned towards retirement benefits provided: -

(i) such service is followed by regular employment;

(ii) there is no interruption in the two or more spells of service or the

interruptions fall within condonable limits; and

16

(iii) such service is a whole time employment and not part-time or portion of

day.

3.7. Service as an apprentice does not qualify for pension. 3.8. If the post held by a Government employee is abolished within the

meaning of Rule 5.2, but the Government employee, at that time is on duty to

another post, or on abolition of his post is deputed to another post, his service

on duty to another post qualifies for pension till final decision is taken to retain

or retire him.

D - Third Condition - Service Paid by Government

(i) Service paid from Government revenues

3.9. Service paid from the Government revenues means the service paid

from the consolidated fund of the State and is to be treated as qualifying

service for pension.

(ii) Service paid from Local Funds

3.10. Except as otherwise provided by the competent authority the service

paid from a Local Fund does not qualify for pension.

3.11. When a pension is payable partly by Government and partly by a

Local Fund, the Local Fund concerned may pay the capitalized value

(calculated on the basis of the table of Commutation values for pensions

applicable to the pensioners, increased by 10 per cent) of its share of the

pension to Government which will thereupon accept liability for the payment

of the entire pension.

3.12. The Government does not guarantee the solvency of Funds formed by

the subscriptions of Local Fund employees and established to provide

pensions for the subscribers thereto.

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CHAPTER IV - Reckoning of Service for Pension Section I – Introductory

4.1. The conditions and limitations under which service in a post qualifies

for pension are laid down in Chapter III. The rules governing special

additions to service qualifying for superannuation pension, and those

relating to the counting of Military Service, periods of leave, suspensions,

resignations, etc., for pension, and condonation of breaks and deficiencies

in service are contained in the succeeding sections of this Chapter.

Section II - Special Additions to Service Qualifying for Superannuation

Pension

4.2. (1) A Government employee who retires from a service or post shall

be eligible to add to his service qualifying for superannuation pension (but

not for any other class of pension) the actual period not exceeding one-fourth

of the length of his service or the actual period by which his age at the time

of recruitment exceeds twenty-five years or a period of five years,

whichever is least, if the service or post to which the Government employee

is appointed is one,-

(a) for which post-graduate research or specialist qualification, or

experience in scientific, technological or professional fields is essential;

and

(b) to which candidates of more than twenty-five years of age are

normally recruited:

Provided that this concession shall not be admissible to a Government

employee unless his actual qualifying service at the time he quits Government

service is not less than ten years:

Provided further that this concession shall be admissible only if the

recruitment rules in respect of the said service or post contained a specific

provision that the service or post is one which carries the benefit of this rule:

Provided further that this concession shall not be admissible to those

who are eligible for counting their past service for superannuation pension,

unless they opt for it at the time of appointment, the option once exercised

shall be final, for the weightage of service foregoing the counting of the past

service.

18

(2) In case of direct recruit to the Superior Judicial Service appointed from

the bar, the actual period of practice at bar not exceeding ten years, shall be

added to his service qualifying for superannuation pension and other

retirement benefits.

Note 1.- The decision to grant the concession under this rule shall be taken by

the Administrative Department at the time of recruitment in consultation

with the Finance Department and the Public Service Commission.

Section III - Counting of Military Service towards Civil Pension

4.3. (a) Service rendered by an employee, which is pensionable under

Military Rules but which terminates before a pension has been earned in

respect of it, may be allowed to count, when followed by service qualifying for

pension under civil rules, as part of such service. Service so allowed to count

shall, however, be restricted to service, within or outside employee’s unit or

department, in India or elsewhere, which has been paid from Indian revenues

or for which a pensionary contribution has been received by Indian revenues:

Provided that any bonus or gratuity received in lieu of pension on, or

since, discharge from Military service, shall be refunded in such number of

monthly instalments, not normally exceeding 36 and beginning from such

date, as in each case, the Government may decide. The amount shall be

refunded alongwith interest calculated at the rate applicable on General

Provident Fund accumulation from time to time computed in the same manner

(i.e. with annual compounding) for the period from date of receipt of

pensionary/gratuity benefits till the date of refund to the Government:

Provided further that in cases where after the issue of the orders by the

competent authority on the basis of option exercised by an employee for

counting of past service for pensionary benefits, if an individual does not

deposit the amount of bonus/gratuity already received by him from military

authorities within one month of the receipt of communication from the

Government, penal interest at the rate of 10% per annum shall also be

charged in addition to normal rate of interest.

(b) Service pensionable under military rules which does not terminate

before a pension has been earned in respect of it shall not be allowed to

count for pension under civil rules without the sanction of the competent

authority.

19

Note 1.- When an order is passed under this rule allowing previous military

service to count as part of the service qualifying for civil pension, it should

be taken as carrying with it condonation of breaks, if any, in the Military

service, or the break, if any, between the military service and the civil service.

Note 2.- The sanction regarding the counting of military service should be

accorded by the competent authority at the time of appointment of the person

concerned and not at the time of his retirement from civil service.

Sanctions accorded in such cases are required specially to mention the

amount of gratuity or bonus recoverable, the number of monthly

instalments in which the bonus or gratuity is to be recovered and the date

from which the recovery is to commence. If, in any case, the gratuity is not to

be recovered, the fact will be specially stated in the sanction. The gratuity

once refunded in order to secure the benefit of counting former military service

for civil pension cannot be paid back in any circumstances.

Note 3.- The expression "gratuity or bonus" occurring in clause (a) refer to

service gratuity or bonus only, and not war gratuity or bonus, received as a

reward for War service.

Section IV- Periods of Leave/Authorised Absence from Duty

A - Periods of Leave

4.4. In respect of Government employees who retire or die on or after the

22nd April, 1964, the time passed on leave of all kinds except extraordinary

leave taken otherwise than on medical certificate shall count as service for

pension. The competent authority may direct that extraordinary leave taken for

prosecuting higher scientific and technical studies shall be counted for

pension. The period of overstayal of leave does not count for pension.

B - Periods of Training

4.5. A competent authority will decide in the case of a Government

employee (including a person in training for, but not actually appointed to,

Government Service) or any specified class of Government employees

who is selected to undergo a course of training, whether the time spent in

training shall count as service qualifying for pension.

4.6. In respect of Government employees, who are required to undergo

departmental training relating to jobs before they are put on regular

20

employment, training period may be treated as qualifying service for

pension, if the training is followed immediately by regular appointment.

This benefit will be admissible to all such employees even if they are not given

the scales of pay of the post but only a nominal allowance during the training.

C- Deputation out of India

4.7. When a Government employee is deputed out of India on duty, the

whole period of his absence from India counts for pension. The Government

employee when already on leave out of India is employed, or is detained

after the termination of his leave, on duty, the period of such employment

or detention counts for pension.

Note. - The period of deputation converted into leave should count for pension

as leave and not as deputation. Such leave, if consists of a period of extra

ordinary leave, the same may be treated as qualifying for pension with the

approval of competent authority.

D - Period of Voyage to India on Recall to Duty

4.8. Time spent on the voyage to India by a Government employee who is

recalled to duty before the expiry of any recognized leave out of India counts

as qualifying for pension provided his return to duty is compulsory.

Section V- Suspensions, Resignations, Breaks and Deficiencies in

Service

A- Periods of Suspension

4.9. Time passed by a Government employee under suspension pending

inquiry into conduct shall count as qualifying service where, on conclusion of

such inquiry, he has been fully exonerated or the suspension is held to be

wholly unjustified. In other cases, the period of suspension shall not count

unless the authority competent to pass orders under the rule governing such

cases expressly declares at the time that it shall count to such extent.

B- Resignations and Dismissals

4.10. (a) Resignation from public service, dismissal or removal from it,

either under proviso (c) to Article 311 (2) of the Constitution for over anti-

national activities such as sabotages espionage etc. or for misconduct,

insolvency, inefficiency not due to age or failure to pass a prescribed

examination, entails forfeiture of past service and no pension shall be

granted in the aforementioned circumstances:

21

Provided that in the case of those Government employees whose

removal or dismissal results from participation in other objectionable activities

affecting or endangering the security of the State, such proportionate

pension may be granted as may be recommended by the Committee

of the Advisors constituted under the Haryana Civil Services (Safe-

guarding of National Security) Rules, 1971.

(b) Resignation of an appointment to take up, with proper permission,

another appointment, whether permanent or temporary, service in which

counts in full or in part, is not a resignation of public service.

(c) In cases where an interruption in service is inevitable due to the

two appointments being at different stations, such interruptions, not

exceeding the joining time permissible under the rules on transfer, shall

be covered by grant of leave of any kind due to the Government employee

on the date of relief or by formal condonation under Rule 4.14 to the

extent to which the period is not covered by leave due to the Government

employee.

Note. - The previous service of a Government employee is forfeited who takes

up another appointment by resigning the previous service of his own accord.

4.11. (a) A Government employee who is dismissed, removed or

compulsorily retired from public service, but is reinstated on appeal or

revision, is entitled to count his past service.

(b) The period of break in service between the date of dismissal, removal

or compulsory retirement, as the case may be, and the date of

reinstatement, and the period of suspension (if any) shall not count unless

regularized as duty or leave by a specific order of the authority which

passed the order of reinstatement.

C - Interruptions

4.12. An interruption in the service of a Government employee entails

forfeiture of his past service, except in the following cases:-

(a) Authorized leave of absence;

(b) Unauthorized absence in continuation of authorized leave of absence;

(c) Suspension where it is immediately followed by reinstatement

whether to the same or different office, or where the officer dies or is

permitted to retire or is retired while under suspension;

22

(d) Abolition of post or loss of appointment owing to reduction of

establishment;

(e) Transfer to non-qualifying service in an establishment under

Government control, if such transfer has been made by competent authority in

the public interest;

(f) Joining time while on transfer from one post to another.

Note 1.- Joining time would not qualify if no allowances are admissible under

Chapter VII of Haryana Civil Services, Part I, General Rules.

4.13. The authority which sanctions the pension may commute

retrospectively periods of absence without leave into leave without allowances

or extraordinary leave.

Note. - The power under this rule of commuting retrospectively

periods of absence without leave into leave without allowances is absolute,

the purpose of the rule being merely to obviate, for purposes of pension,

the forfeiture of past service.

D - Condonation of Interruptions and Deficiencies

4.14. Interruption between two spells of service rendered by a Government

employee under Government may be condoned subject to the following

conditions:-

(i) The interruption should have been caused by reasons beyond the

control of the Government employee.

(ii) Service preceding the interruption should not be less than two year’s

duration.

(iii) The interruption should not be more than one year’s duration.

23

CHAPTER V Different Kinds of Pensions and Conditions for Grant of Pension

Section I- Classification of Pensions

5.1. Pensions are divided into four classes as under:-

(a) Compensation Pensions (see Section II).

(b) Invalid Pensions (see Section III).

(c) Superannuation Pensions (see Section IV).

(d) Retiring Pensions (see Section V).

Section II - Compensation Pension

A – Conditions of Grant

5.2. (1) If a Government employee is selected for discharge owing to the

abolition of his post, he shall, unless he is appointed to another post the

conditions of which are deemed by the authority competent to discharge him

to be at least equal to those of his own, have the option: -

(a) of taking compensation pension to which he may be entitled for the

service he had rendered, or

(b) of accepting another appointment on such pay (even on lower pay) as

may be offered and continuing to count his previous service for pension.

(2) (a) Notice of at least three months shall be given to Government employee

before his services are dispensed with on the abolition of his post.

(b) Where notice of at least three months is not given and the Government

employee has not been provided with other employment on the date on which

his services are dispensed with, the authority competent to dispense with his

services may sanction the payment of a sum not exceeding the pay and

allowances for the period by which the notice actually given to him falls short

of three months.

(c) No compensation pension shall be payable for the period in respect of

which he receives pay and allowances in lieu of notice.

(3) In case a Government employee is granted pay and allowances for the

period by which the notice given to him falls short of three months and he is

re-employed before the expiry of the period for which he has received pay and

allowances he shall refund the pay and allowances so received for the period

following his re-employment.

24

(4) If a Government employee who is entitled to compensation pension

accepts another appointment under the Government and subsequently

becomes entitled to receive a pension of any class, the amount of such

pension shall not be less than the compensation pension which would have

been admissible if he had not accepted the appointment.

Note 1.- The discharge of one Government employee to make room for

another better qualified is not the abolition of a post within the meaning of

this rule, the abolition must produce a real saving of Government.

Note 2.- A Government employee in foreign service, on abolition of his post in

parent cadre, shall be treated in the similar manner for discharge or retention

as he had been in parent department but for his being on foreign service.

Note 3.- The pay and allowances to be paid in lieu of notice period are not

granted as compensation for loss of employment but only in lieu of notice of

discharge with a view to mitigate the hardship caused to a Government

employee by the sudden loss of employment.

Note 4.- Unless it contains an express statement to the contrary, an order for

the abolition of an office or post shall not be brought into operation till the

expiry of three months after notice has been given to the Government

employees whose services are to be dispensed with on such abolition. The

immediate head of the office or the Department will be held responsible that

there is no unnecessary delay in giving such notice. In the case of a

Government employee on leave, the order shall not be brought into operation

until the leave expires.

Note 5.- The pay and allowances to be paid in lieu of the notice period shall

be at the rate of monthly pay and allowances drawn immediately before the

retirement. The pay and allowances mean gross salary i.e. pay in the pay

band + applicable grade pay, special pay, personal pay, non- practicing

allowance (if admissible), handicap allowance, fixed medical allowance and

house rent allowance etc.

Note 6.- The pay and allowances paid in lieu of notice period on abolition of a

post should be charged to the particular department to which the pay of the

post was debited before its abolition.

25

B - Procedure

(I) Selection for Discharge

5.3. The selection of Government employees to be discharged upon

the reduction of an establishment should prima facie be so made that the

least charge for compensation pension will be incurred.

5.4. Particulars of the saving effected should be fully set forth in every

application for compensation pension. The saving should always exceed the

cost of the pension, otherwise it may perhaps be better to postpone the

reduction of establishment or abolition of post.

Note 1.- In any scheme for reorganizing an establishment, the claim to

pension that may arise in consequence of the reorganisation should always

be considered before a change is made and except in cases of very

urgent necessity, no revision of establishment should be carried out which

would have the effect of giving rise to claims to compensation pension, the

cost of which cannot be met out of savings effected by the revision.

Note 2.- The saving referred to in this rule should be calculated with

reference to the emoluments actually drawn at the time of the abolition of the

post.

Section III - Invalid Pension

A - Conditions of Grant

5.5. Invalid Pension.- (1) Invalid pension may be granted if a Government employee retires from

the service on account of any bodily or mental infirmity which permanently

incapacitates him for the service. A Government employee applying for an

invalid pension shall submit a medical certificate of incapacity from the

Medical Board.

Note 1.- No medical certificate of incapacity or service may be granted unless

the applicant produces a letter to show that the Head of his Office or

Department is aware of the intention of the applicant to appear before the

Medical Authority. The medical authority shall also be supplied by the Head of

the Office or department in which the applicant is employed with a statement

of what appears from official records to be the age of the applicant. If a

service book is being maintained for the applicant, the age recorded therein

should be reported.

26

Note 2. - A lady doctor shall be included as a member of the Medical Board

when a woman candidate is to be examined.

(2) The Medical Authority shall issue the Medical certificate in the form

specified in rule 5.6 of these rules.

(3) Where the Medical Authority referred to in sub-rule (2), has declared a

Government employee fit for further service of less laborious character

than that which he had been doing, he should, provided he is willing to be

so employed, be allowed to continue in service with all future benefits (as

per provisions of Disability Act,1995), otherwise, he may be admitted to

invalid pension.

(4) The Medical Board should record the reasons for disability of the

Government employee specifying the disease accountable for the

disability

and merely a simple certificate of inefficiency due to old age or natural

decay from advancing years, is not sufficient.

Note. - Senile contract, arterial changes consequent on senile decay,

general nervous breakdown, and commencing cataract may be treated

as specific disease.

5.6. The form of medical certificate to be issued by the Medical Board in

respect of a Government employee applying for invalid pension in India or

while on leave abroad, shall be as follows:-

"We have carefully examined Mr.___________s/o__________ ageing ____

years and employed in the office of______, taking into account all the facts of

the case as well as his present condition, we consider that he is incapable of

discharging the duties of his situation, and that such incapability is likely to be

permanent”.

Note 1.- If the incapacity is obviously the result of intemperance

substitute for the last sentence "In our opinion his incapacity is the result of

irregular or intemperate habits”.

Note 2.- If the incapacity does not appear to be complete and permanent, the

certificate should be modified accordingly and the following addition should be

made:-

We are of opinion that Mr. A/B, is fit for further service of a less

laborious character than that which he has been doing (or may, after

27

resting for ________ months, be fit for further service of a less laborious

character than that which he has been doing).

Section IV - Superannuation Pension

A - Conditions of Grant

5.7. A superannuation pension shall be granted to a Government employee

who is required to retire at the prescribed age in accordance with the provision

of Rule 3.22 (a) of Haryana Civil Service Rules, Part I – General Rules.

Section V- Retiring Pension

5.8. A retiring pension, in the following cases, shall be granted to a

Government employee who is retired, or seeks retirement, in advance of the

age prescribed for compulsory retirement in Rule 3.22 (a) of Haryana Civil

Services Rules, Part I- General Rules:-

(a) Retired on attaining the age of 50 years, or 55 years, or 58 years, as

the case may be, in accordance with the provisions of Rule 3.22 (c) of

Haryana Civil Services Rules, Part I- General Rules.

(b) Retired on completion of 25 years of qualifying service in accordance

with the provisions of Rule 3.22 (d) of Haryana Civil Services Rules, Part I-

General Rules.

(c) Seeking retirement on attaining the age of 50 years, or 55 years, or 58

years, as the case may be, in accordance with the provisions of Rule 3.22 (e)

of Haryana Civil Services Rules, Part I- General Rules.

(d) Seeking voluntary retirement after completion of 20 years of qualifying

service in accordance with the provisions of Rule 3.23 of Haryana Civil

Services Rules, Part I- General Rules.

5.9. (1) On a Government employee completing twenty years of service or

on his being left with five years of service before the date of retirement,

whichever is earlier, the head of office shall, in accordance with the rules for

the time being in force, verify the service rendered by such a Government

employee, determine the qualifying service and communicate to him, in form

Pen-13, the period of qualifying service so determined.

(2) The verification done under sub-rule (1) shall be treated as final and shall

not be reopened except when necessitated by a subsequent change in the

rules and orders governing the conditions under which the service qualified for

pension.

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Chapter VI- Amount of Pensions Section I - General

6.1. The amount of pension that may be granted is determined by length of

service. The length of qualifying service for the purpose of pension shall be

calculated in terms of completed six monthly period and fraction of a half year

equal to three months and more shall be treated as a completed six monthly

period.

6.2. Pensions shall be fixed in rupees and the fraction of a rupee shall be

rounded off to the next higher rupee at final stage of computing pension.

Note 1.- The rounding off to the next higher rupee is to be done only once at

final stage but not at the intermediatory stage of computing emoluments.

Note 2.- This rule applies to all classes of pensions granted under various sets

of rules as mentioned in chapter V including compassionate allowance,

death– cum - retirement gratuity and service gratuity.

Note 3.- Where the competent authority orders for recovery from pension

under rule 2.3 or 2.4 of these rules, the recovery shall be effected in whole

rupees only so that the resultant pension may be paid in whole rupees after

effecting recovery.

6.3. Pension shall be fixed in rupees and be paid in India.

6.4. If a Government employee who is entitled to compensation pension

accepts instead another post in the public service and subsequently becomes

again entitled to receive pension of any class, the amount of such pension

shall not be less than he could have claimed if he had not accepted the post.

6.5. Limitations - A Government employee entitled to pension may not take

a gratuity instead of pension.

6.6. A Government employee at the time of retirement, if holding or held

earlier, additional charge of any other post(s) and being paid any amount for

that, the same shall not have any effect on calculation of pension.

6.7. A Government employee is not entitled, for service in a post conjointly

with another post, to any pension which would not have been admissible to

him if he had held the post separately and alone.

Section II - Pension Rules (Gratuity and Pension)

A - General

29

6.8. (1) A Government employee retiring in accordance with the

provisions of these rules before completing a qualifying service of ten years,

he will be entitled for service gratuity only and no pension will be admissible.

The amount of service gratuity shall be calculated at the rate of half month’s

emoluments for every completed six monthly period of qualifying service and

no additional or special additional pension shall be granted to him.

(2) In the case of a Government employee retiring on or after the 17th

April, 2009, in accordance with the provisions of these rules after completing

qualifying service of not less than twenty eight years or more, the amount of

superannuation, retiring, invalid and compensation pensions shall be 50% of

last pay drawn subject to a maximum upto 50% of highest pay in the

Government [the highest pay in the Government is Rs. 79000/- (pay band +

grade pay)] since 1st January, 2006. However, in the case of a Government

employee who at the time of retirement has rendered qualifying service of ten

years or more but less than twenty eight years, the amount of pension shall be

such proportion of the maximum admissible pension as the qualifying service

rendered by him bears to the maximum qualifying service of twenty eight

years, subject to a minimum of Rs. 3500/- per mensem (A few illustrations are

given in Annexure to this Rule).

(3) Notwithstanding any thing contained in sub-rule 1 and 2, the amount of

invalid pension shall not be less than the amount of family pension admissible

under rule 6.17(3).

Note. - The revised pension of pre1st January, 2006 retirees, who retired after

completing thirty three years of qualifying service, shall not be less than 50%

of the sum of minimum of Pay Band + Grade Pay/Pay Scale corresponding to

the scale of pay the pensioner held at the time of their retirement. The pension

will be reduced on pro-rata basis, where the pensioner had less than thirty

three years of qualifying service but not less than Rs. 3500/- being minimum

pension since1st January, 2006.

Annexure

[Referred to in sub-rule (2) of Rule 6.8]

Last Pay Drawn (Band Pay + Grade

Pension on completion

Pension on completion

Pension on completion

Pension on completion

30

Pay) of 28 years qualifying service or more.

of 25 years qualifying service or more.

of 20 years qualifying service or more.

of 15 ½ years qualifying service or more.

Rs. 5400+1300 =6700

6700/2 X 56/56 Rs. 3350

6700/2 X 50/56 2991.07 Rs. 2992

6700/2 X 40/56 2392.86 Rs. 2393

6700/2 X 31/56 1854.46 Rs. 1855

(But these will be given minimum pension @ Rs. 3500) Rs. 11540+3200 =11470

14740/2 X 56/56 Rs. 7370

14740/2 X 50/56 6580.35 Rs. 6581

14740/2 X 40/56 5264.29 Rs. 5265

14740/2 X 31/56 4079.82 Rs. 4080

Rs. 24600+5400 =30000

30000/2 X 56/56 Rs. 15000

30000/2 X 50/56 13392.85 Rs. 13393

30000/2 X 40/56 10714.29 Rs. 10715

30000/2 X 31/56 8303.57 Rs. 8304

Rs. 30690+7600 =38290

38290/2 X 56/56 Rs. 19145

38290/2 X 50/56 17093.75 Rs. 17094

38290/2 X 40/56 Rs. 13675

38290/2 X 31/56 10598.13 Rs. 10599

Rs. 51850+12000+15963 (NPA @ 25%) =79813

79813/2 X 56/56 39906.50 Rs. 39907 (but limited to Rs. 39500 being maximum pension).

79813/2 X 50/56 35630.80 Rs. 35631

79813/2 X 40/56 28504.64 Rs. 28505

79813/2 X 31/56 22091.10 Rs. 22092

Note 1. - The minimum and maximum limit of pension shall be Rs.3500/- and

Rs.39500/- respectively w.e.f. 1-1-2006.

Note 2.- The qualifying service shall be counted in terms of complete six

monthly period for calculating pension and fraction of year equal to three

months and more shall be treated as a completed six monthly period.

6.9. Additional pension to the old pensioners from 1.1.2006:-

The quantum of pension available to the old pensioners shall be

increased with the increase in age as under:-

31

Age of pensioner Additional quantum of pension

From 80 years to less than 85 years 20 percent of revised basic pension

From 85 years to less than 90 years 30 percent of revised basic pension

From 90 years to less than 95 years 40 percent of revised basic pension

From 95 years to less than 100 years 50 percent of revised basic pension

100 years or more 100 percent of revised basic pension

Note 1.- The Additional quantum of pension on attaining the age of 80 years

and above shall be admissible from the first day of the month in which date of

birth falls. For example, if a pensioner completes the age of 80 years in the

moth of August, 2009, he will be entitled to additional pension with effect from

1st August, 2009. Those pensioners, whose date of birth is 1st August, will also

be entitled to additional pension with effect from 1st August, 2008 on attaining

the age of 80 years and above.

Note 2.- The Accountant General (A&E), Haryana shall ensure that the date of

birth and the age of pensioners is invariably indicated in the Pen-I and the

pension payment order to facilitate payment of additional pension by the

Pension Disbursing Authority as soon as it become due. The amount of

additional pension shall be shown distinctly in Pension Payment Order. For

example, in case where a pensioner is more than 80 years of age and his

pension is Rs.10,000 PM, the pension will be shown as (i) Basic

Pension=Rs.10,000 and (ii) Additional Pension=Rs.2,000 per month. The

pension on his attaining the age of 85 years will be shown as (i) Basic

Pension=Rs.10,000 and (ii) Additional Pension=Rs. 3,000 per month.

B - Death-cum-Retirement-Gratuity

6.10. (1) A Government employee, who has completed five years’

qualifying service and has become eligible for service gratuity or pension

under Rule 6.8(2), shall, on his retirement, be granted retirement gratuity

equal to one-fourth of his emoluments for each completed six monthly period

of qualifying service, subject to a maximum of 16 ½ times of the emoluments

in case of Group A, B, C employees and 17 ½ times of the emoluments in

case of Group D employees.

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(2) If a Government employee dies while in service, the death gratuity shall

be paid to his family in the manner indicated in Rule 6.11 at the rates given in

the table below, namely:-

Length of qualifying service on Rate of death gratuity

the date of death (i) Less than 1 year 2 times of emoluments

(ii) One year or more but less than 6 times of emoluments

5 years

(iii) 5 years or more but less than 12 times of emoluments

24 years

(iv) 24 years or more one fourth of emoluments for each

half yearly qualifying service subject to a maximum of 16 ½ times of the

emoluments in case of Group A, B, C employees and 17 ½ times of the

emoluments in case of Group D employees:

Provided that where the amount of retirement or death gratuity as

finally calculated contains a fraction of a rupee, it shall be rounded off to the

next higher rupee:

Provided further that the amount of retirement gratuity or death gratuity

payable under this rule, from 1.1.2006, shall in no case exceed ten lakhs

rupees.

(4) If a Government employee, who has become eligible for a service

gratuity or pension, dies within five years from the date of his retirement from

service and the sums actually received by him at the time of his death on

account of such gratuity or pension including adhoc increase, if any, together

with the retirement gratuity admissible under sub-rule (1) and the commuted

value of any portion of pension commuted by him are less than the amount

equal to 12 times of his emoluments, a residuary gratuity equal to the

deficiency may be granted to his family in the manner indicated in Rule 6.11.

(5) The emoluments for the purpose of gratuity admissible under this rule

shall be reckoned in accordance with Rule 6.13 plus dearness allowance

thereon at the rate admissible on the date of retirement/death.

Note. - In the case of Government employee who during the currency of the

leave preparatory to retirement, or authorised leave on full pay/half pay,

33

earns an increment which is not withheld, he is entitled to count the pay

which he would have drawn had he remained on duty, as "emoluments"

for the purpose of death-cum-retirement-gratuity under this sub-rule, even

though the increase in pay is not actually drawn during leave.

(6) The Government shall have the right to effect recoveries from gratuity

sanctioned under this rule, in the same circumstances as recovery can be

effected from an ordinary pension under rule 2.2 and 2.4 of these rules.

(7) No gratuity may be granted under this rule, if the employee was

dismissed or removed for misconduct, insolvency or inefficiency.

6.11. (1) For the purpose of this rule, ‘family’ in relation to a Government

employee, means –

(i) wife including judicially separated wife, in the case of male

Government employee;

(ii) husband including judicially separated husband in the case of female

Government employee;

(iii) sons including adopted sons;

(iv) unmarried daughters;

(v) widowed daughters

(vi) brothers below the age of 18 years and un-married and widowed

sisters;

(vii) father, including adoptive parents in case of individuals whose personal

law permits adoption;

(viii) mother, including adoptive parents in case of individuals whose

personal law permits adoption;

(ix) married daughters; and

(x) children of a predeceased son(s).

(2) "persons" for the purpose of this rule shall include any company or

association or body of individuals, whether incorporated or not.

(3) A Government employee shall, after joining regular service, make a

nomination, conferring on one or more persons, the right to receive any

gratuity that may be sanctioned under rule 6.10 which has not been paid

to him before death:

34

Provided that if, at the time of making the nomination, the Government

employee has a family, the nomination shall not be in favour of any person(s)

other than members of his family.

(4) If a Government employee nominates more than one person under

sub-rule (3) he shall specify in the nomination the amount of share payable to

each of the nominees, in such manner as to cover the whole amount of the

gratuity.

(5) A Government employee may provide in the nomination -

(a) in respect of any specified nominee, that in the event of his

predeceasing the Government employee the right conferred upon that

nominee shall pass to such other persons as may be specified in the

nomination; provided that if at the time of making the nomination the

Government employee has a family consisting of more than one member, the

person so specified shall not be a person other than a member of his family;

(b) that the nomination shall become invalid in the event of the happening

of the contingency specified therein.

(6) The nomination made by a Government employee who has no

family at the time of making it, or a provision made in nomination under

clause (a) of sub-rule (5) by a Government employee whose family consists,

at the date of making the nomination, of only one member, shall

become invalid in the event of the employee subsequently acquiring a

family, or an additional member in the family, as the case may be.

(7) (a) Every nomination shall be in such one of the forms Pen-1 or Pen-1A

as may be appropriate in the circumstances of the case.

Note. - The forms provide for only one alternate nominee and it is not open to

a Government employee to nominate more than one alternate nominee

against any original nominee.

(b) A Government employee may at any time cancel a nomination, by

sending a notice in writing to the Head of Office:

Provided that the Government employee shall, along with such notice, send a

fresh nomination made in accordance with this rule.

(8) Immediately on the death of a nominee, in respect of whom no

special provision has been made in the nomination under clause (a) of

sub-rule (5), or on the occurrence of any event, by reason of which the

35

nomination becomes invalid, in pursuance of clause (b) of that sub-rule or

sub-rule (6), the employee shall send to the Head of Office a notice in writing

formally cancelling the nomination, together with a fresh nomination made in

accordance with this rule.

(9) (i) Every nomination made, and every notice of cancellation given, by a

Government employee under this rule, shall be sent by him to the Head of

his office. The Head of the office shall countersign it, indicating the date of

receipt and keep it in safe custody.

(ii) Suitable entry regarding receipt of nomination shall be made in the

service book of the Government employee concerned.

(10) Every nomination made, and every notice of cancellation given, by

a Government employee shall, to the extent that it is valid, take effect on

the date on which it is received by the Head of Office.

Note. - When a Government employee intends any change in the nomination

made during his service, he may be allowed to make a fresh nomination

even after retirement if such a contingency arises.

6.12. Persons to whom gratuity is payable (I)(a) The gratuity payable under Rule 6.10 shall be paid to the person or

persons on whom the right to receive the gratuity is conferred by means of a

nomination under Rule 6.11(5);

(b) If there is no such nomination or if the nomination made does not subsist,

the gratuity shall be paid in the manner indicated below: -

(i) if there are one or more surviving members of the family as in Clauses (i),

(ii), (iii) and (iv) of sub-rule (1) of Rule 6.11, to all such members in equal

shares;

(ii) if there are no such surviving members of the family as in sub-clause (i)

above, but there are one or more members as in Clauses (v), (vi), (vii), (viii),

(ix), (x) and (xi) of sub-rule (1) of Rule 6.11, to all such members in equal

shares.

(2) If a Government employee dies after retirement without receiving the

gratuity admissible under sub-rule (1) of Rule 6.10, the gratuity shall be

disbursed to the family in the manner indicated in sub-rule (1).

(3) The right of a female member of the family, or that of a brother, of a

Government employee who dies while in service or after retirement, to receive

36

the share of gratuity shall not be affected if the female member marries or re-

marries, or the brother attains the age of eighteen years, after the death of the

Government employee and before receiving her or his share of the gratuity.

(4) Where gratuity is granted under Rule 6.10 to a minor member of the family

of the deceased Government employee, it shall be payable to the guardian on

behalf of the minor. ,

6.13. Debarring a person from receiving gratuity:-

(1) If a person, who in the event of death of a Government employee

while in service is eligible to receive gratuity in terms of rule 6.11 is charged

with the offence of murdering the Government employee or for abetting in the

commission of such an offence, his claim to receive his share of gratuity

shall remain suspended till the conclusion of the criminal proceedings

instituted against him.

(2) If on the conclusion of the criminal proceedings referred to in sub-rule

(1), the person concerned:-

(a) is convicted for the murder or abetting in the murder of the

Government employee, he shall be debarred from receiving, his share of

gratuity which shall be payable to other eligible members of the family, if any.

(b) is acquitted of the charge of murdering or abetting in the murder of

the Government employee, his share or gratuity shall be payable to him.

(3) The provisions of sub-rules (1) and (2) shall also apply to the

undisbursed gratuity admissible under rule 6.10, if a Government

employee dies after retirement without receiving the gratuity.

C - Emoluments Reckoning for Pension

6.14. (i) The expression ‘emoluments’, means pay in the pay band plus

grade pay as defined in Rule 2.37 (a)(i) of Haryana Civil Services Rules, Part

I- General Rules, which a Government employee was receiving immediately

before his retirement or on the date of his death. The NPA shall be treated as

part of pay for pension.

Note 1.- If a Government employee immediately before his retirement or death

while in service had been absent from duty on leave for which leave salary is

payable or having been suspended had been reinstated without forfeiture of

service, the emoluments which he would have drawn had he not been absent

from duty or suspended shall be the emoluments for the purposes of this rule:

37

Provided that any increase in pay (other than the increment referred to in

Note 2) which is not actually drawn shall not form part of his emoluments. Note 2.- Where a Government employee immediately before his retirement or

death while in service had proceeded on leave for which leave salary is

payable and during leave earned an increment which was not withheld, such

increment, though not actually drawn, shall form part of his emoluments:

Note 3.- If a Government employee immediately before his retirement or death

while in service had been absent from duty on extraordinary leave or had

been under suspension, the period whereof does not count as service, the

emoluments which he drew immediately before proceeding on such leave or

being placed under suspension shall be the emoluments for the purposes of

this rule. Note 4.- Pay drawn by a Government employee while on foreign service shall

not be treated as emoluments, but the pay which he would have drawn under

the Government had he not been on foreign service shall alone be treated as

emoluments.

Note 5.- A Government employee on deputation drawing pay other than the

pay admissible in the parent cadre, the pay which he would have drawn on

the cadre post shall alone be treated as emoluments.

Note 6.- If a Government employee at the time of retirement holding or held

earlier, additional charge of any other post(s) and being paid any amount for

that, the same shall not be reckoned for emoluments.

Note 7.- A government employee cannot count corresponding allowances of

any description as emoluments for pension.

D - Family Pension, 1964

6.15. The provisions of family pension shall apply -

(a) to a Government employee entered service in a pensionable

establishment on or after 1st July, 1964 but before 31st December,2005; and

(b) to a Government employee who was in service on the 30th June, 1964

and came to be governed by the provisions of the Family Pension Scheme,

1964.

6.16. In these rules -

38

(a) “continuous service” means service rendered in a pensionable

establishment and does not include -

(i) period of suspension treated as non-duty, if any ; and

(ii) period of service, if any, rendered before attaining the age of eighteen

years.

(b) “Family” for the purpose of family pension, w.e.f. 1st January, 2006,

shall be categorized as:-

Category I

(a) Widow or widower, upto re-marriage, or, as the case may be, death if

the recipient remains unmarried till death;

(b) Son/daughter (including widowed daughter), upto the date of his/her

marriage/re-marriage or till the date he/she starts earning or till the date

he/she attains an age of 25 years, whichever is the earliest.

Category II

(c) Unmarried/widowed/divorced daughter), not covered under Category I

above, till the date of marriage/re-marriage or till the date she starts

earning or till the date of death, whichever is earliest;

(d) Parents who were wholly dependent on the Government employee

when she/she was alive provided the deceased employee had left

behind neither a widow nor a child.

(ii) family pension to unmarried/widowed/divorced daughters in Category II

and dependent parents shall be payable only after the other eligible family

members in Category I have ceased to be eligible to receive family pension

and there is no other eligible disabled child to receive the family pension,

grant of family pension to children in respective categories shall be payable

in order of their date of birth and younger of them will not be eligible for

family pension unless the next above him/her has become ineligible for

grant of family pension in that category.

(iii) The dependency criteria for the purpose of family pension shall be

minimum family pension of Rs. 3,500/- and dearness relief thereon.

(iv) The childless widow of a deceased Government employee shall

continue to be paid family pension even after her remarriage subject to the

39

condition that the family pension shall cease once her independent income

from all other sources becomes equal to or higher than the minimum

prescribed family pension in the state Government. In all such cases, the

family pensioners would be required to give a declaration regarding her

income from all other sources to the Pension Disbursing Authority every six

months.

(c ) “Pay” means the pay as defined in Rule 2.37(a)(i) of Haryana Civil

Services Rules, Part I - General Rules.

6.17. (1) The family pension is admissible where a Government employee

dies -

(a) after completion of one year of continuous service; or

(b) before completion of one year of continuous service provided the

deceased Government employee concerned immediately prior to his

appointment to the service or post was examined by the medical authority and

declared fit by that authority for Government service; or

(c) after retirement from service and was on the date of death in receipt of

a compensation, invalid, retiring or superannuation pension.

(2) The amount of family pension shall be fixed at monthly rates and be

expressed in whole rupees and where the family pension contains a fraction

of a rupee, it shall be rounded off to the next higher rupee.

(3) The amount of family pension shall be determined as under:-

The family pension shall be calculated at uniform rate of 30% of last pay in the

pay band plus grade pay drawn by the Government employee at the time of

retirement or death and shall be subject to minimum of Rs.3500/- per month

from 1.1.2006 and a maximum of 30% of highest pay in the Government i.e.

Rs.79000/- since 1.1.2006.

(4) In respect of Government employee who dies while in service after

having rendered not less than seven years continuous service, the amount of

family pension at the enhanced rates will be admissible for a period of 10

years after the completion of financial assistance. The rates of enhanced

family pension shall be equal to the double of the family pension admissible

under sub rule 3 or pension of the deceased employee, which ever is less.

40

(5) In the event of death after retirement, the family pension at the

enhanced rates (twice of the family pension admissible under sub rule 3) shall

be payable upto the date on which the deceased government employee would

have attained the age of 65 years, had he survived or upto the date of 7 years

from the date of retirement, which ever is earlier, but in no case the amount of

enhanced family pension shall exceed the gross pension sanctioned to the

Government employee at the time of retirement. (6) In case both husband and wife are Government employees and are

governed by the provisions of these rules and one of them dies while in

service or after retirement, the family pension in respect of the deceased shall

become payable to the surviving husband or wife and in the event of their

death, the surviving child or children shall be granted the two family pension in

respect of the deceased parents, subject to the maximum limits of Rs.39500/-

from 1.1.2006 for enhanced family pension and Rs.23700/- for normal family

pension from 1.1.2006. (7) Widow/Widowers of the Government employees, who are governed by

these rules, shall not be entitled to any family pension under any other rules:

provided that where the Government employee was in receipt of any pension

from Central or State Government or any Autonomous Body and dies, the

family may opt to receive family pension under these rules or otherwise

admissible under any other rules.

(8) Where an award under the Extraordinary Pension Rules, is admissible,

no family pension under these rules shall be authorized.

(9) The family in receipt of compassionate financial assistance under rule

6.21 no family pension under these rules shall be authorized.

(9) The commutation of Pension has no effect on the quantum of family

pension as the rate of family pension is based on the pay, which the

Government employee was drawing immediately before his retirement.

(10) The provisions contained in rule 6.9 for grant of additional pension shall

apply mutatis mutandis to the family pensioners on completion of specific age

provided therein.

6.18. The family pension shall be payable as per provisions of rule 6.16 (2)

and shall be further regulated in the following cases as under: -

41

(1) Where a Government employee is survived by a widow but has left

behind an eligible child or children from another wife, who is not alive, the

eligible child or children shall be paid the share of family pension which the

mother would have received, if she had been alive at the time of the death of

the Government employee:

Provided that on the share of family pension payable to such a child or to a

widow ceases to be payable, such share shall not lapse, but shall be payable

to the other widow and/or to the other child or children otherwise eligible, in

equal shares, or if there is only one widow or child, in full, to such widow or

child.

(2) Where a Government employee is not survived by a widow and eligible

children but survived by dependent parents, the pension shall be paid in the

first instance to the mother and on her death or becoming ineligible to the

father up to date of death or remarriage, whichever is earlier.

(3) Where a Government employee is not survived by a widow and eligible

children but survived by dependent parents and the parents are living

separately, the pension shall be paid to them in equal share

(4) Except as provided in the sub rule (1) and (6), the family pension shall

not be payable to more than one member of the Government employee’s

family at the same time. It will first be admissible to the widow/widower and

thereafter to the eligible children in the order of their birth.

(5) In the event of remarriage or death of the widow/widower, the pension

will be granted to the minor children through their natural guardian, if any,

otherwise through their de facto guardian on production of indemnity bond,

etc. In disputed cases, however, payments will be made through a legal

guardian i.e. guardian appointed by a court of law.

(6) where the family pension is payable to twin children it shall be paid to

such children in equal shares: provided that when one such child ceases to be

eligible his/her share shall revert to the other child and when both of them

cease to be eligible the family pension shall be payable to the next eligible

single child/twin children.

(7) If the son or daughter of a Government employee is suffering from any

disorder or disability of mind or is physically crippled or disabled so as to

render him or her unable to earn a living even after attaining the age of twenty

42

five years, the family pension shall be payable to such son or daughter for life

subject to the following conditions: -

(i) (a) persons with impairment in functions of the body should be examined

by the Board under the Chairmanship of the Civil Surgeons of the District on

every Wednesday. Board should include the specialist according to the

requirement. Appellant Medical Board is at Post Graduate Institute of Medical

Science, Rohtak. Haryana Government employees working in

Chandigarh/Panchkula and resident of Chandigarh/Panchkula can also be

examined by the Disability Medical Boards of General Hospital, Sector 16,

Chandigarh and Medical College and General Hospital, Sector 32, with the

appellant Medical Board at Post Graduate Institute of Medical Education and

Research, Chandigarh.

(b) medical certificates in which percentage of disability is given issued by

the Board after examination of the candidates will be valid for three years.

(c) impairment of above forty per cent of any kind will be entitled for

benefits.

Disabilities broadly are of four types: -

1. Visual

2. Locomotors,

3. Speech and hearing,

4. Mental disorders;

(ii) if such son or daughter is one among two or more children of the

Government employee, the family pension shall be initially payable to the one

elder/eldest among physically fit children until he/she attains the age of twenty

five years or he/she becomes ineligible for family pension whichever is earlier.

Thereafter, family pension will be paid to the next physically fit children up to

the above mentioned period. When all physically fit children become ineligible

for family pension the same shall be resumed in favour of the son or daughter

suffering from disorder or disability of mind or who is physically crippled or

disabled and shall be payable to him/her for life.

(iii) if there are more than one such children suffering from disorder or

disability of mind or who are physically crippled or disabled, the family pension

shall be paid in the order of their birth and the younger of them will get the

family pension only after the elder next above him/her ceases to be eligible:

43

Provided that where the family pension is payable to such twin children it shall

be paid in equal shares; provided that when one such child ceases to be

eligible his/her share shall revert to the other child and when both of them

cease to be eligible the family pension shall be payable to the next eligible

single child/twin children;

(iv) the family pension shall be paid to such son or daughter through the

guardian as if he or she were a minor except in the case of the physically

crippled son/daughter who has attained the age of majority;

(v) before allowing the family pension for life to any such son or daughter,

the appointing authority shall satisfy that the disability is of such a nature so

as to prevent him or her from earning his or her livelihood and the same shall

be evidenced by a certificate obtained from a medical board as mentioned in

(i) (a) above setting out, as far as possible, the exact mental or physically

condition of the child;

(vi) the person receiving the family pension as guardian of such

son/daughter or such son/daughter not receiving the family pension through a

guardian shall produce every three years a certificate from medical Board that

he or she continues to suffer from disorder or disability of mind or continue to

be physically crippled or disabled;

(vii) in the case of mentally retarded son or daughter, the family pension

shall be payable to a person nominated by the Government employee or the

pensioner, as the case may be, and in case no such nomination has been

furnished to the Head of Office by such Government employee or pensioner

during his lifeteime, to the person nominated by the spouse of such

Government employee or family pensioner, as the case may be, later on;

(viii) a daughter shall become ineligible for family pension under this sub-

rule from the date she gets married;

(ix) the family pension payable to such a son or daughter shall be stopped

if he or she starts earning his/her livelihood;

(x) in such cases it shall be the duty of the guardian or son or daughter by

whom pension is being received to furnish a certificate to the Treasury Officer

or bank, as the case may be, every month that -

44

(a) he or she has not started earning his/her livelihood or is not in receipt

of any other pension under any other rules of this State/any other

state/Central Government or State/autonomous bodies/undertakings;

(b) in case of daughter, that she has not yet married;

(xi) this benefit will be admissible only to the eligible disabled children

whether born before or after retirement provided such son or daughter should

be from a valid marriage.

6.19. (a) If a person, who in the event of death of government employee

while in service, is eligible to receive family pension, is charged with the

offence of murdering the Government employee or for abetting in the

commission of such an offence, the claim of such a person, including other

eligible member or members of the family to receive the family pension, shall

remain suspended till the conclusion of the criminal proceedings instituted

against him.

(b) If on the conclusion of the criminal proceedings referred to in clause

(a), the persons concerned -

(i) is convicted for the murder or abetting in the murder of the government

employee, such a person shall be debarred from receiving the family pension

which shall be payable to other eligible member of the family, from the date of

the death of government employee;

(ii) is acquitted of the charge of murder or abetting in the murder of the

government employee, the family pension, shall be payable to such person

from the date of death of the government employee.

(c) The provisions of clause (a) and (b) shall also apply for the family

pension becoming payable on the death of a government employee after his

retirement.

6.20. (1) As soon as a Government employee enters Government

service, he shall give details of his family in Form Pen-2 to the Head of Office.

If the Government employee has no family, he shall furnish the details in Form

Pen- 2 as soon as he acquires a family.

(2) The Government employee shall communicate to the Head of Office

any subsequent change in the size of the family, including the fact of marriage

of his female child.

45

(3) As and when the disability referred to in sub-rule (11) of Rule 6.18

manifests itself in a child which makes him/her unable to earn his/her living,

the fact should be brought to the notice of the Head of Office duly supported

by a Medical Certificate from Civil Surgeon. The Head of Office may indicate

this in Form Pen-2. As and when the claim for family pension arises, the legal

guardian of the child should make an application supported by a fresh medical

certificate from Civil Surgeon that the child still suffers from the disability.

(4) The Head of Office shall, on receipt of the said Form Pen- 2 get it

pasted on the Service Book of the Government employee concerned and

acknowledge receipt of the said Form Pen- 2 and all further communications

received from the Government employee in this behalf.

(ii) The Head of Office on receipt of communication from the Government

employee regarding any change in the size of family shall have such a change

incorporated in Form Pen- 2.

(5) On receiving information of death of a Government employee while in

service, the Head of Office will send a letter as prescribed in form Pen- 9 to

the family of the deceased and ask for the necessary documents mentioned

therein.

(6) On receiving the documents referred in the sub rule (5) above, the

pension sanctioning authority will sanction family pension and send all these

documents alongwith the service book of the Government employee to the

Accountant General, Haryana, who will then issue the pension payment order

to the beneficiary.

(7) In case of death of a pensioner, the family pension to the

widow/widower shall be made under the same pension payment order under

which the pensioner was drawing his pension. The Treasury Officer will start

payment of family pension to the widow/widower on receipt of death certificate

of the pensioner alongwith a simple request for the grant of family pension. If

the widow/widower is not alive then the family pension shall be payable to the

other eligible family member(s), who will apply to the concerned Treasury

Officer by surrendering the pension payment order of the pensioner alongwith

two copies of self photograph and the other necessary documents. The

Treasury Officer on receipt of such request shall forward the case to the

Accountant General Haryana for issue of fresh pension payment order. In

46

case the eligible family member is minor, the family pension shall be paid

through the guardian.

E – Compassionate Financial Assistance

6.21. (1) The family of a deceased Government employee, who dies while

in service, or missing Government employee shall be entitled to

compassionate financial assistance on monthly basis in lieu of family pension.

The eligibility to receive the financial assistance shall be as per the provisions

of pension/family pension rules.

(2) The eligible family member of the deceased/missing Government

employee shall make an application in Form-A to this rule to the Head of

Office for grant of compassionate financial assistance.

(3) The eligible family member shall continue to receive as financial

assistance a sum equal to the pay and other allowances that was last drawn

by the deceased Government employee in the normal course without raising a

specific claim;

(a) for a period of fifteen years from the date of death of the employee, if

the employee had not attained the age of thirty five years on the date of death;

(b) for period of twelve years or till the date the employee would have

retired from Government service on attaining the age of superannuation,

which ever is less, if the employee at the time of his death had attained the

age of thirty five years but had not attained the age of forty eight years.

(c) for a period of seven years or till the date the employee would have

retired from Government service on attaining the age of superannuation,

which ever is less, if the employee had attained the age of forty eight years.

(2) The family shall be eligible to receive family pension as per the normal

rules only after the period during which he receives the financial assistance as

above is completed.

(3) The family of deceased Government employee who was in occupation

of a Government residence would continue to retain the residence on

payment of normal rent/license fee for a period of one year from the date of

the death of the employee.

(4) House Rent Allowance shall not be part of allowance for the purpose of

calculation of assistance.

47

(5) Within the 15 days from the date of the death of a Government

employee, an ex-gratia assistance of twenty five thousand rupees shall be

provided to the family of the deceased employee to meet the immediate

needs on the loss of the bread earner.

48

Form A

(See Rule 4)

Application Form for Compassionate Financial Assistance

1. Full information of the deceased/missing Government employee:

(i) Name :

(ii) Date of Birth :

(iii) Date of joining (employee’s) :

(iv) Date of Death/Missing :

(v) Designation & Pay Scale :

2. Full information of applicant :

(i) Name :

(ii) Full Address :

(iii) Relation with the deceased/

Missing Government employee :

(iv) Detailed information regarding

dependents of deceased/missing

Government employee :

Sr. No. Name Relation Age/date

of Birth

Occupation Married/

Unmarried

1 2 3 4 5 6

3. Monthly income of family from :

all sources

4. Any other information :

Place: Signature of the applicant

Date:

49

Chapter VII - Re-employment of Pensioners Section I – General

7.1. No Government employee civil or military may retire with a view to

being re-employed, and drawing pension in addition to pay, whether in

Government service or in the service of any Local Fund.

7.2. When a person who was formerly in the civil or military

employment of any Government in India obtains re-employment, whether

temporarily or permanently, in Government service or in the service of a

Local Fund, it shall be incumbent on him to declare to the appointing

authority the amount of any gratuity, bonus or gross pension i.e. pension

before commutation granted to him in respect of the previous employment.

The authority reappointing him shall specifically state in the order of

reappointment whether any deduction is to be made from pension or pay as

required by the rules of this Chapter.

7.3. Notwithstanding anything contained in the rules in this Chapter, a

wound or other extraordinary pension sanctioned under Chapter VIII of these

rules and a wound or injury or disability pension or a disability addition to

pension awarded under the Military rules shall continue to be drawn by a

retired Government employee, civil or military, during re-employment.

Section II – Re - employment of pensioners

A - After Compensation or Invalid Gratuity

7.4. A Government employee who has retired from Government service

with a compensation gratuity or who has retired with an invalid gratuity but

is sufficiently restored to health, if re-employed, may either retain his

gratuity, in which case his former service will not count for future pension,

or refund the gratuity alongwith interest with annual compounding at the rate

applicable to General Provident Fund and count his former qualifying service.

7.5. The intention to refund gratuity must be stated by the employee

immediately on re-employment and refund the whole gratuity in lumpsum

alongwith interest. The right to count previous service shall not revive till the

whole gratuity alongwith interest is refunded. He need not refund a gratuity

given under rule 5.2(2), in lieu of notice of discharge unless the period of

unemployment falls short of three months. In the later case he may retain a

50

portion of the gratuity equal to the proportion which the period of

unemployment bears to three months.

B - After Compensation Pension

7.6. A Government employee who has obtained a compensation pension, if

re-employed, may exercise option either -

(a) to continue to draw the pension and retain the gratuity sanctioned for

his earlier service, in which case his former service shall not count as

qualifying service, or

(b) to count the previous service as qualifying service, for which, he will

cease to draw his pension and refund in lumpsum the pensionary benefits

already received by him alongwith interest with annual compounding at the

rate applicable to General Provident Fund in respect of the following:-

(i) the pension already drawn from the date of re-employment,

(ii) the value received for the commutation of a part of pension,

(iii) the amount of retirement gratuity, and

(iv) the amount of leave encashment.

(c) In case a Government employee continues to draw pension as per

clause (a), the pay on re-employment plus pension shall not exceed the pay

drawn immediately before retirement.

7.7. If a Government employee does not, within three months from the date

of his re-employment, exercise the option as provided in rule 7.6, of ceasing to

draw pension and counting his former service, he cannot, thereafter, do so

without the permission of the competent authority.

C - After Invalid Pension

7.8. There is no bar to the re-employment of a Government employee who

has regained health after obtaining Invalid Pension, or if a Government

employee is invalided as being incapacitated for employment in a particular

branch of the service, to his re-employment, in some other branch of the

service. The rules in such a case as to refunding gratuity, drawing pension,

and counting service, are the same as in the case of re-employment after

compensation pension.

51

D - After Superannuation or Retiring Pension

7.9. A Government employee who is in receipt of superannuation or retiring

pension shall not be re-employed in service, except where it is utmost

necessary in public interest and in a purely temporary capacity with the

sanction of the competent authority. The re-employment shall not be extended

beyond the age of sixty years of the Government employee.

7.10. (a) Re-employed pensioner shall be allowed to draw pay only in the

prescribed scale of pay/pay structure of the post in which he is re-employed.

No protection of the scale of pay/pay structure of the post held by him prior to

retirement shall be given.

Note.- In the revised pay structure, basic pay is pay in the pay band plus

grade pay attached to the post.

(b) (i) The initial basic pay on re-employment shall be fixed at the same stage

as the last basic pay drawn before retirement. However, he shall be granted

the grade pay of the re-employed post. The maximum basic pay cannot

exceed the grade pay of the re-employed post plus pay in the pay band of Rs.

67,000/-, i.e. the maximum of the PB-4.

(ii) If the maximum of the pay band in which a pensioner is re-employed is

less than the last pay drawn before retirement, his initial pay shall be fixed at

the maximum of the pay band plus grade pay of the re-employed post minus

gross pension.

(iii) If the minimum of the pay band in which a pensioner is re-employed is

more than the last pay drawn before retirement, his initial pay shall be fixed at

the minimum of the pay in the pay band plus grade pay of the re-employed

post minus gross pension.

(c) The re-employed pensioner will in addition to pay as fixed under clause

(b) above shall be permitted to draw separately pension sanctioned to him

and to retain any other form of retirement benefits.

(d) Once the initial pay of a re-employed pensioner has been fixed in the

manner indicated above, he may be allowed to draw normal increments in

the pay band of the re-employed post : provided that the pay in the pay band

plus grade pay and gross pension taken together do not at any time exceed

Rs.79,000/- per month, the highest pay in the Government since 1.1.2006.

52

Note. - In case pay is fixed at an amount below the minimum of the pay band

of re-employed post, the increment @ 3% of minimum of the pay band plus

grade pay shall be allowed.

7.11. (a) Re-employed military pensioner shall be allowed to draw pay

only in the prescribed scale of pay/pay structure of the post in which he is re-

employed. No protection of the scale of pay/pay structure of the post held by

him prior to retirement shall be given.

Note.- In the revised pay structure, basic pay is pay in the pay band plus

grade pay attached to the post.

(b)(i) In all cases where the pension is fully ignored, the initial pay on re-

employment shall be fixed as per entry pay in the revised pay structure of the

re-employed post applicable in the case of direct recruits appointed on or after

01.01.2006.

(ii) In cases where the entire pension is not ignored for pay fixation, the initial

basic pay on re-employment shall be fixed at the same stage as the last basic

pay drawn before retirement. However, he shall be granted the grade pay of

the re-employed post. The maximum basic pay cannot exceed the grade pay

of the re-employed post plus pay in the pay band of Rs. 67,000/-, i.e. the

maximum of the PB-4.

(iii) If the maximum of the pay band in which a pensioner is re-employed is

less than the last pay drawn before retirement, his initial pay shall be fixed at

the maximum of the pay band plus grade pay of the re-employed post minus

gross pension.

(iv) If the minimum of the pay band in which a pensioner is re-employed is

more than the last pay drawn before retirement, his initial pay shall be fixed at

the minimum of the pay in the pay band plus grade pay of the re-employed

post minus gross pension.

(c) The re-employed pensioner will in addition to pay as fixed under clause

(b) above shall be permitted to draw separately pension sanctioned to him

and to retain any other form of retirement benefits.

(d) In the case of persons retiring before attaining the age of 55 years and

who are re-employed, pension (including pension equivalent to gratuity and

other forms of retirement benefits) shall be ignored for initial pay fixation to

the following extent: -

53

(i) In the case of ex-servicemen who held posts below Commissioned

Officer rank in the Defence Forces at the time of their retirement, the entire

pension and pension equivalent of gratuity/retirement benefits shall be

ignored.

(ii) In the case of Commissioned officers belonging to the Defence Forces

at the time of their retirement, the first Rs. 4000 of the gross pension and

pension equivalent retirement benefits shall be ignored.

(e) Once the initial pay of a re-employed pensioner has been fixed in the

manner indicated above, he may be allowed to draw normal increments in

the pay band of the re-employed post : provided that the pay in the pay band

plus grade pay and gross pension taken together do not at any time exceed

Rs.79,000/- per month, the highest pay in the Government since 1.1.2006.

Note. - In case pay is fixed at an amount below the minimum of the pay band

of re-employed post, the increment @ 3% of minimum of the pay band plus

grade pay shall be allowed. When due to grant of increment(s) the pay

exceeds the minimum of the pay band then pay shall be allowed at the next

stage.

Section IV - Commercial Employment after Retirement

7.12. (a) If a pensioner, who retires from a post of Group A service, to

whom this rule applies, wishes to accept any commercial employment before

the expiry of two years from the date of his retirement, he should obtain

the previous sanction of the competent authority to such acceptance. No

pension shall be payable to a pensioner who accepts a commercial

employment without such sanction, in respect of any period for which he is

so employed or such longer period as the competent authority may direct:

Provided that a Government employee permitted by the competent

authority to take up particular form of commercial employment during his

leave preparatory to retirement shall not be required to obtain subsequent

permission for his continuation in such employment after retirement.

Explanation. - the expression "the date of retirement" in relation to a

Government employee re-employed after retirement without any break either

in the same or in another Group-A post under the State Government or in

any other equivalent post under the Central Government, shall mean the

54

date on which such Government employee finally ceases to be so re-

employed in Government Service.

(b) "Commercial employment" means employment in any capacity,

including that of an agent, under a company, firm or individual engaged in

trading, commercial, industrial, financial or professional business, and

includes also a directorship of such company and a partnership of such firm,

but shall not include employment under a body corporate, owned or

controlled by Government.

Explanation 1.- For the purpose of this rule commercial employment under

a co-operative society shall include the holding of any office whether

elective or otherwise such as that of President, Chairman, Manager,

Secretary, Treasurer and the like by whatever name called in such a

society ; and

Explanation 2.- For the purpose of this rule commercial employment shall

also include setting up practice, either independently or as a partner of a

firm, as Adviser or Consultant in matters in respect of which a retired

Government employee,-

(i) has no professional qualifications and the matter in respect of which

the practice is to be set up or is carried on or relating to his official knowledge

experience; or

(ii) has professional qualifications but the matters in respect of which such

practice is to be set up are such as are likely to give his clients an unfair

advantage by reason of his previous official position; or

(iii) has to undertake work involving liaison or contact with the

officers of the Government.

Section V - Employment under Government outside India after Retirement

7.13. (a) If a pensioner, who retires from a post of Group A service,

wishes to accept any employment under a Government outside India, he

should obtain the previous sanction of competent authority to such

acceptance. No pension shall be payable to a pensioner who accepts such an

employment without proper permission, in respect of any period for which he

is so employed or such longer period as the competent authority may direct:

Provided that a Government employee permitted by the competent

authority to take up a particular form of employment under a Government

55

outside India during his leave preparatory to retirement shall not be

required to obtain subsequent permission for his continuance in such

employment after retirement.

(b) For the purpose of this rule "employment under a Government outside

India" shall include employment under a local authority or Corporation or any

other Institution or organization which functions under the supervision or

control of a Government outside India.

56

C – Extraordinary Pensions Chapter VIII - Extraordinary Pensions

Section I - Grant of Extraordinary Pensions to Government Employees

8.1. The Government employees paid from the consolidated fund, other

than those to whom the Workmen's Compensation Act, 1923 (VIII of 1923)

applies, shall be entitled to extraordinary pension under these rules.

8.2. For the purposes of these rules unless there is anything repugnant in

the subject or context:-

(1) "accident" means-

(i) a sudden and unavoidable mishap, or

(ii) a mishap due to an act of devotion to duty in an emergency arising

otherwise than by violence out of and in course of service;

(2) "date of injury" means-

(i) in the case of accident or violence, the actual date on which the injury

is suffered or such date, not being later than the date of the report of

Medical Board, as the competent authority may fix; and

(ii) in the case of disease, the date on which the Medical Board reports or

such earlier date as may be fixed by the competent authority with due regard

to the opinion of the Medical Board;

(3) "disease" means - a disease as is mentioned in schedule- 1 to this

chapter.

(4) (1) (a) Disablement shall be accepted as due to Government service,

provided that it is certified that it is due to wound injury or disease which –

(i) is attributable to Government service, or

(ii) existed before or arose during Government service and has been and

remains aggravated thereby.

(b) Death shall be accepted as due to Government service provided it is

certified that it was due to or hastened by –

(i) a wound, injury or disease which was attributable to Government

service, or

(ii) the aggravation by Government service of a wound, injury or disease

which existed before or arose during Government service.

(c) There shall be a casual connection between –

57

(a) disablement and Government service; and

(b) death and Government service,

for attributability or aggravation to be conceded. Guidelines in this regard are

given in the Appendix - 1 to this chapter which shall be treated as part and

parcel of these Rules.

(5) "injury" means - an injury as is mentioned in Schedule-I to this chapter.

Permanent total disablement shall be deemed to result from every injury

specified in Part-I of Schedule I or from any combination of injuries specified

in Part-II of that schedule where the aggregate percentage of loss of earning

capacity (percentage of disability) amounts to cent per cent or more. Every

injury specified in Part- II of Schedule- I shall be made to result in

permanent/partial disablement.

(6) "pay" means the pay as defined in Rule 2.37(a) (i) of Haryana Civil

Services Rules, Part I – General Rules which a person was drawing on the

date of his death or disability:

(7) "violence" means the act of a person who inflicts an injury on a

Government employee-

(i) by assaulting or resisting him in the discharge of his duties, or in order

to deter or prevent him from performing his duties; or

(ii) because of anything done or attempted to be done by such

Government employee or by any other public employee in the lawful

discharge of his duty as such; or

(iii) because of his official position.

(8) family in relation to a Government employee means – The family as

defined in rule 6.16(b) of these rules.

8.3. No award shall be made except with the sanction of the competent

authority. In making an award such authority may take into consideration the

degree of default or contributory negligence on the part of the Government

employee who sustains an injury or dies as a result of an injury or is killed.

8.4. Except as otherwise provided, an award made under these rules, shall

not affect any other pension or gratuity for which the Government employee

concerned or his family may be eligible under any other rules for the time

being in force; and the pension granted under the provisions of these rules

58

shall not be taken into account in fixing the pay of the pensioner on his

continued employment or re-employment in Government service.

8.5. No award shall be made in respect of-

(i) an injury sustained more than five years before the date of application,

or

(ii) death which occurred more than seven years;

(a) after the injury due to violence or accident was sustained, or

(b) after the Government employee was medically reported as unfit for

duty on account of the disease of which he died.

8.6. All awards under these rules shall be made in India in rupees.

8.7. For the purpose of these rules death or disability shall be classified as

under:-

Category A – Death or disability due to natural causes not attributable to

Government service e.g. chronic ailments like heart and renal diseases,

prolonged illness, accidents while not on duty, etc.

Category B - Death or disability due to causes, which are accepted as

attributable to or aggravated by Government service. Diseases contracted

because of continued exposure to a hostile work environment, subjected to

extreme weather conditions or occupational hazards resulting in death or

disability would be examples.

Category C - Death or disability due to accidents in the performance of duties

e.g. accidents while travelling on duty in Government vehicles or public

transport, a journey on duty is performed by service aircraft, mishaps at sea,

electrocution while on duty, etc.

Category D - Death or disability of employee in the performance of duties or

otherwise, attributable to acts of violence by terrorists, anti-social elements or

due to agitation, riots, bomb blasts in public places, indiscriminate shooting

incidents in public, etc.,

Category E - Death or disability arising as a result of –

(a) attack by or during action against extremist, anti-social element, etc.,

and

(b) enemy action in international war or border skirmishes and warlike

situations, including cases which are attributable to-

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(i) extremists acts, exploding mines, etc., while on way to an operational

area,

(ii) kidnapping by extremists etc.

8.8. (1) The extent of disability or functional incapacity shall be

determined for the purposes of computing the disability element in the

following manner: -

Percentage of disability Percentage to be reckoned for

assessed by Medical Board computation of disability element

Less than 50 50

Between 50 and 75 75

Between 76 and 100 100

(2) The findings of the Medical Board regarding the extent of disability

would be treated as final and binding unless the employee himself seeks a

review by preferring an appeal to an authority immediately superior to the one

who had constituted the Board. In case the appeal is accepted and a review

Medical Board is constituted, the findings of the Board would be binding on all

parties. The extent of disability as determined and accepted would be

treated as final and the employee would not be required to appear before

Medial Board periodically for the purpose of obtaining a certificate that the

disability continues to persist.

8.9. The award in the form of extraordinary monthly pension or lump sum

compensation under different categories of Rule 8.7 may be granted in the

following circumstances: -

(i) If a Government employee is boarded out of Government service on

account of his disablement due to wound, injury or disease and the

disablement is accepted as due to Government service, the Government

employee will be granted disability pension as per provisions of rule 8.10.

(ii) If a Government employee’s disablement on account of wound, injury

or disease is accepted as due to Government service and he/she is retained

in service in spite of such disablement, he/she shall be paid a compensation

in lump sum in lieu of disability pension as per provisions of rule 8.11. 8.10. The benefit of extra ordinary pension under Rule 8.9 (i) shall be

regulated as under:-

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(1) Category A – Cases covered under this category would continue to be

covered under the normal ordinary Pension Rules.

(2) Category B and C –

(i) Disability Pension - Normal pension admissible under the ordinary

Pension Rules plus Disability Pension equal to 30% of pay for 100% disability.

For lower percentage of disability, the monthly disability Pension shall be

proportionately reduced:

Provided that where permanent disability is not less than 60%, the total

pension i.e. pension or pension equivalent of Service Gratuity admissible

under the ordinary Pension Rules plus Disability Pension shall not be less

than 60% of the ‘pay’, subject to a minimum of Rs. 3,500/-

(ii) Family Pension -

(a) 60% of pay subject to a minimum of Rs. 3,500/- p.m.,

(b) In case where the widow dies or remarries, the children shall be paid

family pension at the same rates, for the period during which they would have

been eligible for family pension under the Family Pension Rules.

(c) If the deceased Government employee was unmarried or has left

neither a widow/widower nor a child, the parents shall be paid family pension

at the same rates as are applicable to the widow/children.

(3) Category D -

(i) Disability Pension- Disability Pension comprising a service element

equal to the retiring pension and gratuity to which the employee would have

been entitled on the basis of his pay on the date of invalidation but counting

service up to the date on which he would have retired in the normal course

and disability element equal in amount to normal family pension, subject to the

condition that the aggregate of the service and disability element shall not be

less than 80% of the pay last drawn, for 100% disability.

For lower percentage of disability, the disability element shall be

proportionately reduced.

(ii) Family Pension -

(a) The widow of the deceased Government employee will be entitled to

family pension equal to last pay (pay plus stagnation Increment, if any) drawn

by the deceased Government employee. The family pension shall be

admissible to the widow until her remarriage or death.

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(b) If the Government employee is survived by child/children, the eligible

child shall be allowed the family pension at the rate of 60% of ‘pay’, subject to

a minimum of Rs. 3,500. On his becoming ineligible, the title of family pension

shall pass to the next eligible child.

(c) If the deceased Government employee was unmarried or has left

neither a widow/widower nor a child, the parents shall be paid family pension

at the rate of 60% of pay subject to a minimum of Rs. 3,500/- p.m.

(4) Category E –

(i) Disability Pension - Disability Pension, comprising a service element

equal to the retiring pension and gratuity to which the employee would have

been entitled to on the basis of his pay on the date of invalidation but counting

service up to the date on which he would have retired in normal course and

disability element equal in amount to the pay last drawn subject to the

condition that the aggregate of the service and disability elements shall not

exceed the pay last drawn, for 100% disability.

For lower percentage of disability, the disability element shall be

proportionately reduced.

(ii) Family Pension - Same as for Category ‘D’ above.

8.11. The benefit of extra ordinary pension under Rule 8.9 (i) (ii) shall be

regulated as under:-

(1) If the Government employee is retained in service in spite of

disablement, he shall be paid a compensation in lump sum (in lieu of the

disability pension) on the basis of the disability pension admissible to him

calculated in accordance with the above provisions by arriving at the

capitalized value of such disability pension with reference to the Commutation

Table, in force from time to time. (2) If such Government employee subsequently dies while in service or

after retirement, the family of the deceased shall be entitled to family pension

under the normal Family Pension Rules. 8.12. (1) A family pension will take effect from the day following the death

of the Government employee or from such other date as the competent

authority may decide.

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(2) The period and conditions for eligibility and payment of extraordinary

family pension shall be the same as per provisions of ordinary Family Pension

Rules of these Rules.

8.13. (1) In respect of matters of procedure, all awards under these rules

are subject to any procedure rules relating to ordinary pensions for the time

being in force, to the extent that such procedure rules are applicable and are

not inconsistent with these rules.

(2) When a claim for any disability pension or family pension arises, the

Head of the Office or the Department in which the disabled or the deceased

Government employee was employed will forward the claim through the usual

channel to the Government with the following documents: -

(i) A full statement of circumstances in which the disablement was

conceded, or the death occurred.

(ii) The application for disability pension or for lumpsum payment for

disablement in Form Pen-17 or, the application for family pension in Form

Pen-18, as the case may be.

(iii) A medical report in Form Pen-19 for disablement or death of deceased

Government employee. A reliable evidence as to the actual occurrence of

death, if the Government employee lost his life in such circumstances that a

medical report cannot be secured.

(iv) A report of the Head of office as to whether an award is admissible

under the rules, and if so, of what amount.

(3) Where the Government are satisfied on the evidence placed before

them by a Government employee in respect of whom a medical report for the

purpose of grant of benefit under extraordinary pension has been received by

them, of the possibility of an error of judgment in the decision of the Medical

Board which examined him, the Government may direct a second Medical

Board consisting of members other than those, who constituted the first

Medical Board to examine the Government employee and submit a report to

the Government in the matter. The pension or lumpsum payment shall be

granted to the Government employee in accordance with the decision of the

second Medical Board.

Note1.- Article 320 of the Constitution of India provides that the Public

Service Commission should be consulted on claims for the award of

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disability pension or lumpsum payment in lieu therof. It is, therefore,

necessary to consult the Haryana Public Service Commission and Haryana

Staff Selection Commission on every claim by or in respect of a gazetted and

non-gazetted Government employee respectively for the award of a

extraordinary pension or lumpsum payment under the rules of this Chapter.

64

Schedule- 1

[See Rule 8.2 (3)]

Part 1- List and Classification of Diseases which can be Contracted by Service

A. Diseases affected by climatic conditions B. Diseases affected by stress &

strain

(i) Pulmonary Tuberculosis (i) Psychosis and Psychoneurosis

(ii) Pulmonary Oedema (ii) Hyperpiesia

(iii) Pulmonary Tuberculosis with (iii) Hypertension (BP)

Pleural effusion

(iv) Tuberculosis – Non-pulmonary (iv)Pulmonary Tuberculosis

(v) Bronchitis (v) Pulmonary Tuberculosis with

pleural effusion

(vi) Pleurisy, empyema, lung abscess

and bronchiectasis (vi) Tuberculosis – Non-pulmonary

(vii) Lobar pneumonia (vii) Mitral stenosis.

(viii) Nephritis (acute and chronic) (viii) Pericarditis and adherent

pericardium

(ix) Otitis Media (ix) Endo-carditis

(x) Rheumatism – acute (x) Sub-acute bacterialendo-

carditis,

including infectiveendocarditis

(xi) Rheumatism – chronic (xi) Nyocarditis – acute or chronic

(xii) Arthritis (xii) Valcular disease

(xiii) Myalgia

(xiv) Lumbago

(xv) Frost-bite leading to amputation of limb(s)

(xvi) Heat Stroke

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C. Diseases affected by dietary D. Diseases affected by training,

compulsion Marching etc.

(i) Infective hepatitis (Jaundice) (i) Tetanus, erysipelas, septicemia

and pyaemia, etc. resulting from

injuries.

(ii) Diseases of stomach and deodenum (ii) Varicose veins

(iii) Worm infestations particularly Guinea worm (iii) Ankylosis and acquired

and round worm infections deformities resulting from injuries

(iv) Gastritis (iv) Hernia

(v) Food poisoning, specially due to tinned food. (v) Post-traumatic epilepsy and

other mental changes resulting

from skull injury.

(vi) Gastric ulcer (vi) Internal derangement of knee

joint

(vii) Duodenal ulcer (vii) Burns sustained through petrol

fire, kerosene oil, etc., leading

to scars and various deformities

and disabilities.

(viii) nutritional Disorders. (viii) Deformities of feet

E. Environmental Diseases

(i) Diseases contracted in the course of official duty of attending to a

venereal or septicaemic patient or conducting a post-mortem

examination.

(ii) Diseases contracted on account of handling poisonous chemicals and

radiation equipment.

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Part-II. Diseases not Normally Affected by Service

(i) Malignant disease: Cancer and Carcinoma

(ii) Sarcoma (except in cases of sarcoma of bone with a history of injury, due to

service, on the site of development of the growth.

(iii) Epithelioma

(iv) Rodent ulcer

(v) Lymphosarcoma

(vi) Lymphosarcoma (Hodgkin’s disease)

(vii) Leukaemia

(viii) Pernicious anaemia (Addison’s anaemia)

(ix) Ostoitis deformana (Paget’s disease)

(x) Gout

(xi) Acromegaly

(xii) Corrhosis of the liver – if alcoholic

Eyes

(xiii) Errors of refraction

(xiv) Hypermetropia

(xv) Myopia

(xvi) Astigmatism

(xvii) Preshyopia Glaucoma – acute or chronic, unless there is a history of injury

due to service or of disease of the eye due to service. 3

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Appendix -1

Guidelines for Conceding Attributability of Disablement or Death to

Government Service [Ref. Rule 8.2(4)]

1. Rule 8.2(4) covers also cases of death after discharge/invaliding from

service.

2. In deciding on the issue of entitlement, all the evidence (both direct and

circumstantial) will be taken into account and the benefit of reasonable doubt

will be given to the claimant. This benefit will be given more liberally to the

claimant in field service cases.

3. Post-discharge claims. – Cases in which a disease did not actually lead

to the Government employee’s discharge from service but arose within 7

years thereafter may be recognized as attributable to service, if it can be

established medically that the disability is a delayed manifestation of a

pathological process set in motion by service conditions obtaining prior to

discharge and that if the disability had been manifest at the time of discharge,

the individual would have been invalided out of service on this account. In

case where an individual in receipt of a disability pension dies at home, and it

cannot, from a strictly medical point of view, be definitely established that the

death was solely due to the disablement in respect of which the disability

pension was granted -

(a) the benefit of doubt in determining attributability, should go to the family

of the deceased, if death occurs within 7 years from the date of his

invalidment from service, unless there are other factors adversely

affecting the claim; and

(b) if death takes place more than 7 years after the date of the man’s

invalidment from service, the benefit of doubt will go to the State.

In cases where an individual outlives a normal span of life, i.e.,

where death takes place at the age of 58 or above, the death should be held

to be due to normal causes and not to Government service.

Note. - Death of a disability pensioner, whose disablement has been

accepted on the basis of aggravation, may also be accepted as due to

Government service under rule 8.2(4) if the last assessment of disablement

68

was 50 per cent, or above. If the last accepted assessment of disablement

was less than 50 per cent, death should not be regarded as due to service.

The above procedure will apply when death is established as due to

the disability in respect of which disability pension was granted. If this is not

the case, the identification of the cause of death with the invaliding disability

will fist be determined in accordance with the provisions of the Guidelines. If

the identity can be conceded there under, the procedure in the preceding sub-

paragraph will be followed for determining the further point whether

entitlement to extraordinary family pension can be conceded in a case where

an invaliding disability was aggravated by service.

4. (a) (i) Injuries sustained when the man is ‘on duty’ will be deemed to

have arisen in, or resulted from, Government service; but in cases of injuries

due to serious negligence or misconduct, the question of reducing the

disability pension will be considered.

(ii) In cases of self-inflicted injuries while on duty, attributability will not be

conceded unless it is established that service factors were responsible for

such action; in cases where attributability is conceded, the question of grant of

disability pension at full or at a reduced rate will be considered.

(b) An accident which occurs when a man is not strictly ‘on duty’ as

defined above, may also be attributable to service, provided that it involved

risk which was definitely enhanced in kind or degree by the nature, conditions,

obligations or incidents of his service and that the same was not a risk

common to human existence in modern conditions in India. Thus, for example

where a person is killed or injured during the performance of his duties in

which he had incurred wrath of such person he shall be deemed to be ‘on

duty’ at the relevant time.

This benefit will be given more liberally to the claimant in cases

occurring on ‘active service’ as defined in the relevant Acts/Rules.

5. In respect of diseases, the following rules will be observed: -

(a) Cases, in which it is established that conditions of

Government service did not determine or contribute to the

onset of the disease but influenced the subsequent course of

the disease, will fall for acceptance on the basis of

aggravation.

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(b) A disease which has led to an individual’s discharge or death

will ordinarily be deemed to have arisen in service if no note

of it was made at the time of the individual’s acceptance for

Government service. However, if medical opinion holds, for

reasons to be stated, that the disease could not have been

detected on medical examination prior to acceptance for

service, the disease will not be deemed to have arisen during

service.

(c) If a disease is accepted as having arisen in service, it must

also be established that the conditions of Government

service determined or contributed to the onset of the disease

and that the conditions were due to the circumstances on

duty in Government service.

(d) In considering whether a particular disease is due to

Government service, it is necessary to relate the established

facts, in the aetiology of the disease and of its normal

development, to the effect that conditions of service, e.g.,

exposure, stress, climate, etc., may have had on its

manifestation. Regard must also be had to the time factor

(also see Schedule 1).

(i) Common diseases known to be affected by exposure to weather Diseases such as Bronchitis, Rheumatism and Nephritis – Indeed most

diseases of the respiratory system, joints and kidneys – are affected by

climatic conditions. The period and the conditions of service at any particular

place should be taken into account in determining causal connection with

service.

(ii) Common diseases known to be affected by stress and strain This should be decided with due reference to the nature of the duties

which the individual has had to perform in Government service. It may be that

in some cases the individual had been engaged on sedentary duties, when

they will normally not qualify.

(iii) Diseases endemic to certain areas

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Diseases such as Malaria, Kalazar, Filariasis, Dysentery, Cholera, etc.,

are endemic in certain areas. These diseases may also be introduced by

movements of infected persons.

In determining causal connection with service, it will have to be

established that the conditions of Government service exposed the individual

to the infection as a result of which he contracted the disease. Where there is

medical evidence of the contraction of the diseases either prior to entry into

service, or while off duty or on leave or desertion or unauthorized absence,

etc., attributability should not be accepted, unless the disease occurs within

the incubation period.

(iv) Diseases due to infections in service Entitlement to pension will be admitted if the exposure to infection

arose from the circumstances of the member’s Government service.

(v) Diseases known to be affected by dietary compulsions The compulsions of service would also cover such cases as gastric

disorders, e.g., gastritis, gastric and duodenal ulcers, where it is established

that the member was unable to follow a dietary regime required for his

condition. The effect of service in such cases will be limited essentially to the

question of aggravation of a pre-existing constitutional condition. This will not

normally apply to individuals in sedentary occupation.

(vi) Diseases which run their course independently of external

circumstances

There are certain diseases which would have run the same course

whether the individual had been in Government service or not, e.g., Leukemia,

Hodgkin’s disease, etc. (See Part II of Schedule 1-A). Such cases will not be

accepted as aggravated by service unless it is clear that owing to exigencies

of service, the man did not receive treatment of a satisfactory character and

standard or such treatment was so delayed, as to be less effective than it

should have been.

(vii) Venereal Diseases Venereal disease will normally be rejected but a sequela of the disease

may sometimes be accepted as aggravated by service. In the case of such

disease contracted during service, grounds for acceptance will rarely be found

unless the member after treatment had returned to full duty and had been

71

subjected to such strain as would produce one of the after effects of the

disease sooner than would have normally been the case. The strain must

have been of an exceptional nature.

(2) In the case of disease contracted before service if the member had

reached an age when such a manifestation could be accepted, entitlement will

not be conceded. On the other hand, if the later manifestation had been

produced or hastened by the strain of service in which case there should be

evidence that the strain was of an exceptional nature, entitlement may be

considered on the basis of aggravation.

(3) In the case of disease due to heredity, entitlement must be determined

as in Para (2) above.

(4) The above refers only to late manifestations or sequela of venereal

disease as Neuro Syphilis or Cardio-Vascular Syphilis.

(viii) Invalidation on account of indulgence in drugs or drinks Entitlement shall not be conceded if the disability or death on which the

claim is based, resulted from indulgence in drugs or drinks, which was within

one’s own control.

6. unforeseen effects of service medical treatment - (a) Whether unforeseen complications arise as a result of

treatment (including operative treatment) given for the

purpose of rendering a member fit for service duties, any

disablement resulting will normally be accepted as

attributable to service.

(b) Where the treatment is given for other reasons, the position

regarding any unforeseen complications differs according as

the condition which necessitated treatment was or was not,

either attributable to or aggravated by service. If it was so

attributable or aggravated, any disablement resulting from

the treatment, it will normally be accepted as attributable to

service. If it was not, no responsibility will be accepted for the

additional disablement unless neglect, delay, faulty technique

or lack of reasonable skill can be held responsible for the

untoward outcome, or the exigencies of service before,

72

during or after the treatment can be held to have caused or

aggravated the condition.

(c) The above considerations apply whether the treatment is

given in a service hospital or under service arrangements in

any other hospital but will not apply if the treatment is

undertaken under private arrangement by an individual.

7. Assessment -

(a) The assessment of a disability is the estimate of the degree

of disablement it causes, which can properly be ascribed to

service as defined below.

(b) The disablement properly referable to service will be

assessed as under –

(i) At the time of discharge from the Government Service. –

Normally the whole of the disablement then caused by the

disability. This rule will apply irrespective of whether the disability is actually

attributable to service, or is merely aggravated thereby. In the latter event,

part of the disablement on discharge may have been present before service

and/or may have been brought about by the natural progress of the disability

during service. But as it is impossible, for so long as the strain and stress of

service continues, to apportion quantitatively the effects of service and non-

service factors, the entire disablement at the time of discharge will be taken

into account. For example:

(1) Where a person who had a partially disabled hand, sustains an

injury to the same hand which renders it less useful than before,

or a person with an Impaired foot injures the other as a result of

service, thus increasing his defect in locomotion; or

(2) Where a person given history of cough and cold prior to

enrolment and is invalided out of service for Chronic Bronchitis

held to be aggravated by service, pension will be admissible for

the total disablement.

(ii) On resurvey of disability after discharge from the service. -

The whole of the disablement then caused by the disability, less the

following: -

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(1) The part due to non-service factors, such as individual

habits, occupation in civil life, accident after discharge,

climatic environment after discharge;

(2) Any worsening due to the natural progress of the

disability since discharge apart from the effects of

service.

Deduction (1) will be made in all cases; while deduction (2) above

will apply only in cases where the disability is accepted as

aggravated by, but not attributable to service.

(c) In cases accepted as aggravated by service, although a

percentage of disablement, equal to more than 20 per cent,

may be assessed on medical resurvey, after discharge from

service, in accordance with Para (b)(ii) (2) above, disability

pension will cease to be payable as soon as the effects of

the aggravation by service have passed away, e.g., where a

person with disease, e.g., Fibrositis, Bronchitis, Eczema,

etc., held to be aggravated by service, is invalided out and on

resurvey was found by the Medical Board to have been

restored (a) to his pre-service condition or (b) the condition in

which he may have been normally at that time even if he had

not joined Government Service, aggravation by service will

be deemed to have passed away.

(d) Paired organs,-

(i) Paired organs, namely, eyes, ears, arms and legs shall be

considered together, where disablement due to service occurs in

one of a pair of organs, assessment on discharge will be made with

reference to the diminution of the functional capacity of the organs

working together. Therefore, assessment will include functional

defect of the pair of organs.

(ii) Subject to the exceptions specified below, any subsequent increase

in the non-service disablement and non-service disablement arising

after discharge whether due to injury or disease will be excluded

from the assessment.

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(iii) Cases arise in which at the time of discharge, there is damage by

service to one only of the paired organs (namely, eyes, ears, arms

including hands) and legs (including feet) and the other is, either

normal or impaired in a minor degree. Where the disablement

acceptable under Clause (ii) above and the disablement of the other

limb or organ are together assessable at any subsequent date at

100% the assessment for pension purposes will be increased by

one half of the difference between the current assessment and 100

per cent. For instance, a pensioner receiving an award at the 40%

rate for the loss of an eye who later loses the sight of his other eye

through a non-service cause, will have his award increased to 70%

rate; and a pensioner with an award at 80% for a gunshot wound of

an arm, who later develops severe arthritis of his other arm, thereby

being 100% disabled, will qualify for a revised award at 90% rate.

Where the combined disablement of the pair of organs is less than

100%, but is more than twice as serious as the disablement

acceptable under Clause (ii) above, the assessment will be

increased to one half of the combined disablement. If, for example,

a pensioner with an award at 30% rate for the loss of vision of one

eye partially loses the sight of the other eye through a non-service

cause, and the defective vision of both eyes together is assessable

at 80%, his award will be increased to the 40% rate.

(iv) The provisions of the preceding sub-clause are applicable even

where the second of a pair of organs has been disabled by some

generalized disability (e.g., rheumated arthritis) which would have

also disabled the first of the pair if it had not been lost or damaged

as the result of service.

(e) Composite assessments. -

Where there are two or more disabilities due to service, compensation

will be based on the composite assessment of the degree of disablement.

Generally speaking, when separate disabilities have entirely different

functional effects, the composite assessment will be the arithmetical sum of

their separate assessments. But where the functional effects of the disabilities

75

overlap, the composite assessment will be reduced in proportion to the degree

of overlapping.

(f) Nil disablement. -

Where, although a definite disability is or has been in evidence, the

Medical Board consider that any disablement resulting therefor has ceased or

has become so small as not to admit of assessable compensation, the

assessment will be expressed as “nil disablement.”

(g) Where the disability due to service has no connection with pre-existing

disability, as for example, a person who had lost a finger prior to enlistment,

loses a great toe by service, compensation will be restricted to the loss of the

great toe only.

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D – Procedure Relating to Pensions

Chapter IX - Applications for Grant of Pensions

Section - I - General

9.1. All authorities dealing with applications for pension under these rules

should bear in mind that delay in the payment of pensions involves peculiar

hardship. It is essential to ensure, therefore, that a Government employee

begins to receive his pension on the date on which it becomes due.

Note 1.- In order to prevent cause for complaint on the part of pensioner, it is

most important that pension cases should always be given a high degree

priority as is possible.

Note 2.- The Administrative Department shall be the pension sanctioning

authority in case of Gazetted Government employees and Head of

Department in case of Non- Gazetted Government employees. However the

pension cases of all the Government employees on superannuation

retirement shall be sent direct to the Accountant General, Haryana by the

Head of Office without obtaining any specific administrative approval from the

Administrative Department or Head of Department.

9.2. (1) Every Head of Department/Head of Office shall have a list

prepared every six months, that is, on the 1st January and the 1st July each

year of all Government employees who are due to retire within the next 12 to

18 months of that date.

(2) In the case of a Government employee retiring for reasons other than

by way of superannuation, the pension sanctioning authority shall promptly

inform the Accountant General, Haryana of the fact of such retirement and

shall forward his pension papers soon after.

9.3. (1) The Head of Office shall write to the Accounts Officer (Rent) /

Rent Assessing Authority at least one year before the anticipated date of

retirement of the Government employee who is in occupation of a

Government accommodation (hereinafter referred to as allottee) for the issue

of a "No demand certificate" in respect of the period preceding eight months of

the retirement of the allottee.

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(2) On receipt of the intimation under sub-rule (1), the Accounts Officer

(Rent) /Rent Assessing Authority shall take further action as provided in rule

9.17.

9.4. Every Head of Office shall undertake the work of preparation of

pension papers in form Pen-4 two years before the date on which a

Government employee is due to retire on superannuation.

9.5. (1) The Head of Office shall divide the period of preparatory work

of two years referred to in rule 9.4 in the following three stages, namely:-

(a) First Stage - Verification of Service:-

(i) The Head of Office shall go through the service book of the

Government employee and satisfy himself as to whether the certificates of

verification for the entire service are recorded therein.

(ii) In respect of the unverified portion(s) of service he shall arrange to

verify the portion(s) of such service, as the case may be, with reference to pay

bills, acquittance rolls or other relevant records and record necessary

certificates in the service book.

(iii) If the service for any period is not capable of being verified in the

manner specified in sub-clause (i) and sub-clause (ii), that period of service

having been rendered by the Government employee in another office or

Department, a reference shall be made to the Head of Office in which the

Government employee is shown to have served during that period for the

purpose of verification.

(iv) If any portion of service rendered by a Government employee is not

capable of being verified in the manner specified in sub-clause (i), or sub-

clause (ii) or sub-clause (iii), the Government employee shall be asked to

file a written statement on plain paper stating that he had in fact rendered that

period of service, and shall, at the foot of the statement, make and subscribe

to a declaration as to the truth of that statement, and shall in support of such

declaration, produce all documentary evidence and furnish all information

which is in his power to produce or furnish.

(v) The Head of Office shall, after taking into consideration the facts in

the written statement and the evidence produced and the information

furnished by that Government employee in support of the said period of

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service, admit that portion of service as having been rendered for the purpose

of calculating the pension of that Government employee.

(b) Second Stage - Making good omission in Service Book:-

(i) The Head of Office while scrutinizing the certificates of verification of

service, shall also identify if there are any other omissions, imperfections or

deficiencies which have a direct bearing on the determination of emoluments

and the service qualifying for pension.

(ii) Every effort shall be made to complete the verification of service, as in

clause (a) and to make good omissions, imperfections or deficiencies referred

to in sub-clause (i) of this clause. Any omissions, imperfections or deficiencies

including the portion of service shown as unverified in the service book

which it has not been possible to verify in accordance with the procedure laid

down in clause (a) shall be ignored and service qualifying for pension shall

be determined on the basis of the entries in the service book.

(iii) In order to ensure that the emoluments have been correctly shown into

the service book, the Head of Office may verify the correctness of

emoluments, for the period of twenty four months only preceding the

date of retirement of a Government employee, and not for any period prior

to that date.

(c) Third Stage - Obtaining Form Pen-3 by the Head of Office:-

(i) The Head of Office shall obtain form Pen- 3 duly completed and other

relevant documents from the Government employee eight months prior to the

date of retirement of the Government employee.

(2) Action under clauses (a), (b) and (c) of sub-rule (1) shall be completed

eight months prior to the date of retirement of the Government employee.

9.6. The Head of office shall complete Part- I of Form Pen- 4 six months

prior to the date of retirement of the Government employee.

9.7. (1) After complying with the requirements of rules 9.5 and 9.6, the

Head of Office shall forward the pension case of the Government employee to

the Accountant General, Haryana in Form Pen- 5 alongwith the following

signed documents:-

(i) Form Pen –4;

(ii) Form Pen- 3 (in duplicate);

(iii) Service Book complete in all respect;

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(iv) Three joint photographs with the spouse duly attested by the Head of

Office besides one photograph duly attested to be pasted on Form Pen- 4 and

Form Pen- 3 separately;

(v) Calculation sheet of Pension, Commutation, DCRG and Family

Pension (normal and enhanced);

(vi) Statement of service verification w.r.t. entries existing in service book;

(vii) Three copies of identification marks and height;

(viii) Nomination form for DCRG;

(ix) Under taking regarding refund of excess payment of pension and

gratuity, if found at a later stage;

(x) Two slips of specimen signatures (three times) duly attested by the

Head of Office;

(xi) Detail of family members; (in duplicate);

(xii) Certificate of Military Service;

(xiii) Form Pen-14, if applied for commutation;

(xiv) Affidavit regarding adjustment of long term loans and advances and

rent of Government accommodation to be submitted by the retiring

Government employee.

(2) The Head of Office shall retain a copy of each of the forms referred to

in sub-rule (1) for its record.

(3) Where the payment is desired in another circle of accounting unit, the

Head of Office shall send Form Pen-4 in duplicate to the Accountant General,

Haryana.

(4) The papers referred to in sub-rule (1) shall be forwarded to the

Accountant General, Haryana not later than six months before the date of

retirement of Government employee.

(5) The Head of Office shall supply a certified copy of the calculation sheet

of Pension, Commutation, DCRG and Family Pension (normal and enhanced)

to the Government employee after submission of pension case to the

Accountant General, Haryana.

9.8. If, after the pension papers have been forwarded to Accountant

General, Haryana the within the period specified in sub-rule (4) of rule 9.7,

any event occurs which has a bearing on the amount of pension admissible,

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the facts shall be promptly reported to the Accountant General, Haryana by

the Head of Office.

9.9. (1) The Head of Office after ascertaining and assessing the

Government dues as in rule 9.16, shall furnish the particulars thereof to the

Accountant General, Haryana at least two months before the date of

retirement of the Government employee so that the dues are recovered out

of the gratuity before its payment is authorised.

(2) If, after the particulars of Government dues have been intimated to the

Accountant General, Haryana under sub-rule (1) any additional Government

dues come to the notice of the Head of Office, such dues shall be promptly

reported to Accountant General, Haryana. He shall also record these

additional dues in the last pay certificate.

9.10. (1) The various stages of action laid down in rule 9.5 shall be strictly

followed by the Head of Office. There may be an isolated case where,

inspite of following the procedure laid down in rule 9.5, it may not be possible

for him to forward the pension papers referred to in rule 9.7 to the Accountant

General, Haryana within the period prescribed in sub-rule (4) of that rule, or

where the pension papers have been forwarded to the Accountant

General, Haryana within the prescribed period but the Accountant General,

Haryana may have returned the pension papers to the Head of Office for

eliciting further information before issue of pension payment order and order

for the payment of gratuity. If the Head of Office in such a case is of the

opinion that the Government employee is likely to retire before his pension

and gratuity or both can be finally assessed and settled in accordance with

the provisions of these rules, he shall, without delay, take steps to determine

the period of qualifying service and the emoluments qualifying for pension

after the most careful summary investigations that may be made. For this

purpose he shall:-

(i) rely upon such information as may be available in the official records,

and

(ii) ask the retiring Government employee to file a written statement on

plain paper stating the total length of qualifying service but excluding the

breaks and other non-qualifying periods of service.

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(2) The Government employees while furnishing the statement as in

clause (ii) of sub-rule (1) shall, at the foot of the statement, make, and

subscribe to, a declaration as to the truth of the statement.

(3) The Head of Office shall thereafter determine the qualifying years of

service and the emoluments qualifying for pension in accordance with the

information available in the official record and the information obtained from

the retiring Government employee under sub-rule (1). He shall, then,

determine the amount of provisional pension and amount of provisional death-

cum-retirement-gratuity.

(4) After the amount of pension and gratuity has been determined under

sub-rule (3), the Head of Office shall take further action as follows:-

(a) he shall issue a sanction letter and endorse a copy thereof to the

Accountant General, Haryana for authorising payment at a treasury of the

following:-

(i) 100% pension as determined under sub-rule (3) as provisional

pension for a period not exceeding six months to be reckoned from the

date of retirement of the Government employee; and

(ii) 100% of gratuity as provisional gratuity determined under sub rule (3)

after deducting there from the dues mentioned in rule 9.16;

(b) he shall indicate in the sanction letter the amount recoverable from

the gratuity under sub rule(1) of rule 9.9.

(5) The amount of provisional pension and gratuity payable under sub-rule

(4) shall, if necessary, be revised on the completion of the detailed scrutiny of

the records.

(6) (a) The payment of provisional pension shall not continue beyond the

period of six months from the date of retirement of Government employee.

If the amount of final pension and the amount of final gratuity had been

determined by the Head of Office in consultation with the Accountant

General, Haryana before the expiry of the said period of six months, the

Accountant General, Haryana shall-

(i) issue the pension payment order; and

(ii) authorise the difference between the final amount of gratuity and the

amount of provisional gratuity paid under sub-clause (ii) of clause (a) of

sub-rule (4) after adjusting the Government dues, if any, which may have

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come to notice after the payment of provisional gratuity. If the Government

employee was an allottee of Government accommodation, the amount of

gratuity withheld under sub-clause (ii) of clause (a) of sub-rule (4) should

be refunded on receipt of no demand certificate from the Accounts Officer

(Rent)/Rent Assessing Authority.

(b) If the amount of provisional pension disbursed to a Government

employee under sub-rule (4) is on its final assessment found to be in excess

of the final pension assessed by Accountant General, Haryana, it shall be

open to the Accountant General, Haryana to adjust the excess amount of

pension out of gratuity withheld under sub-clause (ii) of clause (a) of sub-rule

(4) or recover the excess amount of pension in installments by making short

payments of pension payable in future.

(c) (i) If the amount of provisional gratuity authorised by the Head of Office

under sub-rule (4) is larger than the amount finally assessed, the retired

Government employee shall not be required to refund excess amount

actually disbursed to him.

(ii) The Head of Office shall ensure that chances of authorising the amount

of gratuity in excess of the amount finally assessed are minimised and the

official responsible for the excess payment shall be accountable for the over-

payment.

(7) If the final amount of pension and gratuity have not been determined by

the Head of Office in consultation with the Accountant General, Haryana

within a period of 6 months referred to in clause (a) of sub-rule (6) the

Accountant General, Haryana shall treat the provisional pension and gratuity

as final and issue pension payment order immediately on the expiry of the

period of 6 months.

9.11. (1) (a) On receipt of pension papers referred to in rule 9.7 the

Accountant General, Haryana shall apply the requisite checks and assess the

amount of pension and gratuity and issue the pension payment order not later

than one month in advance of the date of the retirement of the Government

employee if the pension is payable in his circle of accounting unit.

(b) If the pension is payable in another circle of accounting unit, the

Accountant General, Haryana shall send the pension payment order

83

alongwith a copy of Form Pen-4 to the Accountant General of that unit for

arranging payment.

(2) The payment of the amount of gratuity to the retired Government

employee as determined by the Accountant General under clause (a) of sub-

rule (1) shall be authorised at a Treasury after adjusting the Government

dues, if any, referred to in rule 9.16.

(3) The amount of gratuity withheld under sub-rule (5) of rule 9.17 shall be

adjusted by the Head of Office against the outstanding licence fee intimated

by the Accounts Officer (Rent)/Rent Assessing Authority and the balance, if

any, refunded to the retired Government employee.

9.12. In the case of a Government employee who retires while on

deputation or while on foreign service action to authorise pension and gratuity

in accordance with the provisions of this chapter shall be taken by the cadre

authority which sanctioned deputation or foreign service.

9.13. (1) If the payment of gratuity has been authorized after three

months from the date when its payment became due, and it is clearly

established that the delay in payment was attributable to administrative lapse,

interest at the rate as applicable to General Provident Fund beyond three

months shall be paid:

Provided that the delay in payment was not caused on account of failure on

the part of the Government employee to comply with the procedure laid down

in this Chapter.

(2) Every case of delayed payment of gratuity shall, suo moto, be

considered by the Administrative Department, as the case may be, and

where the Department is satisfied that the delay in the payment of gratuity

was caused on account of administrative lapse, that Department shall make

a recommendation to the Administrative Department for the payment of

interest.

(3 If the recommendation of the Department made under sub-rule (2)

is accepted by the Administrative Department, it shall issue Governor's

sanction for the payment of interest.

(4) In all cases where the payment of interest has been authorised by the

Administrative Department, the Department concerned shall fix the

responsibility and take disciplinary action against the Government employee

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or employees concerned who are found responsible for the delay in the

payment of gratuity.

(5) If as a result of Government's decision taken subsequent to the

retirement of a Government employee the amount of gratuity already paid on

his retirement is enhanced on account of:-

(a) grant of emoluments higher than the emoluments on which gratuity,

already paid, was determined; or

(b) liberalisation in the provisions of these rules from a date prior to the

date of retirement of the Government employee concerned; no interest on the

arrears of gratuity shall be paid.

9.14. (1) (a) In respect of a government employee referred to in rule 2.2 of

these rules, the Accountant General shall authorise the provisional pension

equal to the maximum pension which would have been admissible on the

basis of qualifying service up to the date of retirement of the Government

employee, or if he was under suspension on the date of retirement, upto the

date of immediately preceding the date on which he was placed under

suspension.

(b) The provisional pension shall be authorised by the Accountant General,

Haryana during the period commencing from the date of retirement up to and

including the date on which, after the concluding of departmental or judicial

proceedings, final orders are passed by the competent authority.

(c) No gratuity shall be paid to the Government employee until the

conclusion of the departmental or judicial proceedings and issue of final

orders thereon.

(2) Payment of provisional pension made under sub-rule (1) shall be

adjusted against final retirement benefits sanctioned to such Government

employee upon conclusion of such proceedings but no recovery shall be

made where the pension finally sanctioned is less than the provisional

pension or the pension is reduced or withheld either permanently or for

a specified period.

9.15. (1) Subject to the provision of rule 2.2, pension once authorised

after final assessment shall not be revised to the disadvantage of the

Government employee, unless such revision becomes necessary on account

of detection of a clerical error subsequently;

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Provided that no revision of pension to the disadvantage of the pensioner

shall be ordered by the Pension Sanctioning Authority without the

concurrence of the Finance Department if the clerical error is detected after

a period of two years from the date of authorisation of pension.

(2) For the purpose of sub-rule (1), the retired Government employee

concerned shall be served with a notice by the Head of Office requiring him

to refund the excess payment of pension within a period of two months from

the date of receipt of notice by him.

3) In case the Government employee fails to comply with the notice, the

Head of Office shall, by order in writing, direct that such excess payment,

shall be adjusted in instalments by short payments of pension in future, in

one or more instalments, as the Head of the Office may direct.

9.16. (1) Action for reconciliation of long-term advances shall be initiated

one year prior to the retirement of the Government employee.

(2) The Government dues as ascertained and assessed by the Head of

Office which remain outstanding till the date of retirement of the Government

employee, shall be adjusted against the amount of death- cum- retirement-

gratuity becoming payable.

(3) The expression, "Government dues" includes,-

(a) dues pertaining to Government accommodation including arrears

of licence fee, if any;

(b) dues other than those pertaining to Government accommodation,

namely, balance of house building or conveyance or any other advance,

overpayment of pay and allowances or leave salary and arrears of income

tax deduction at source under the Income Tax Act, 1961 (43 of 1961).

9.17. (1) The Accounts Officer (Rent) / Rent Assessing Authority on

receipt of intimation from the Head of Office under sub-rule (1) of rule 9.3

regarding the issue of “No Demand Certificate” shall scrutinise its record

and inform the Head of Office eight months before the date of retirement of

the allottee, if any licence fee was recoverable from him in respect of the

period prior to eight months of his retirement. If no intimation in regard to

recovery of outstanding licence fee is received by the Head of Office by the

stipulated date, it shall be presumed that no licence fee was recoverable from

the allottee in respect of the period preceding eight months of his retirement.

86

(2) The Head of Office shall ensure that licence fee for the next eight

months, that is up to the date of retirement of the allottee is recovered every

month from the pay and allowances of the allottee.

(3) Where the Accounts Officer (Rent) / Rent Assessing Authority

intimates the amount of licence fee recoverable in respect of period

mentioned in sub-rule (1), the Head of Office shall ensure that

outstanding licence fee is recovered in installments from the current pay and

allowances of the allottee and where the entire amount is not recovered from

the pay and allowances the balance shall be recovered out of the gratuity

before the payment is authorised.

(4) The Accounts Officer (Rent) / Rent Assessing Authority shall also

inform the Head of Office the amount of licence fee for the retention of

Government accommodation for the permissible period of four months

beyond the date of retirement of the allottee. The Head of Office shall adjust

the amount of that licence fee from the amount of gratuity together with the

unrecovered licence fee, if any, mentioned in sub-rule (3).

(5) If in any particular case, it is not possible for the Accounts Officer

(Rent) / Rent Assessing Authority to determine the outstanding licence fee,

that office shall inform the Head of Office that 10% of the gratuity or twenty

thousand rupees, whichever is less, may be withheld pending receipt of the

further information.

(6) The recovery of licence fee for the occupation of the Government

accommodation beyond the permissible period of four months after the date of

retirement of the allottee shall be the responsibility of the Accounts Officer

(Rent) / Rent Assessing Authority.

Note. - For the purpose of this rule, the licence fee shall also include any

other charges payable by the allottee for any damage or loss caused by him

to the accommodation or its fittings.

9.18. (1) For the dues other than the dues pertaining to occupation of

Government accommodation as referred to in clause (b) of sub-rule (3) of rule

9.16, the Head of Office shall take steps to assess the dues one year before

the date on which a Government employee is due to retire on superannuation,

or on the date on which he proceeds on leave preparatory to retirement,

whichever is earlier.

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(2) The assessment of Government dues referred to in sub-rule (1) shall

be completed by the Head of Office eight months prior to the date of the

retirement of the Government employee.

(3) The dues as assessed under sub-rule (2) including those dues which

come to notice subsequently and which remain outstanding till the date of

retirement of the Government employee, shall be adjusted against the amount

of death-cum-retirement gratuity becoming payable to the Government

employee on his retirement.

9.19. When a Government employee retires from service:-

(a) a notification in the Official Gazette in the case of gazetted

Government employee, and

(b) an office order in the case of a non-gazetted Government employee,

shall be issued specifying the date of retirement within a week of such date

and a copy of every such notification or office order, as the case may be, shall

be forwarded immediately to the Accountant General, Haryana:

Provided that where a notification in the official Gazette or an office order, as

the case may be, regarding the grant of leave preparatory to retirement to a

Government employee, is issued a further notification or office order that the

Government employee has actually retired on the expiry of such leave shall

not be necessary unless the leave is curtailed and the retirement is for any

reason ante-dated or postponed.

Section II - Determination and Authorisation of Family Pension and

Death-cum-Retirement-Gratuity for deceased Government Employees

9.20. (1) Where the Head of Office has received an intimation about the

death of Government employee while in service, he shall ascertain whether

any death-cum- retirement- gratuity or family pension or both is/are payable in

respect of deceased Government employee.

(2) (a) Where the family of the deceased Government employee is eligible

for the death-cum-retirement- gratuity under rule 6.10 of these rules, the Head

of Office shall ascertain:-

(i) if the deceased Government employee had nominated any person or

persons to receive the gratuity ;and

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(ii) if the deceased Government employee had not made any nomination

or the nomination made does not subsist, the person or persons to whom the

gratuity may be payable.

(b) The Head of Office shall then, address the person concerned in form

Pen-6 or form Pen-7 as may be appropriate for making a claim in Form Pen-8.

(3) Where the family of the deceased Government employee is eligible for

family pension under Section- D of Chapter- VI to these rules,-

(a) the Head of Office shall address the widow/widower or other eligible

family member in Form Pen-9 for making a claim in Form Pen-10; or

(b) where the deceased Government employee is survived only by a child

or children, who have not attained the age of 18 years, the guardian of such

child or children may submit a claim in Form Pen-10.

(4) If on the date of death, the Government employee was an allottee of

Government accommodation, the Head of Office shall address the Accounts

Officer(Rent)/Rent Assessing Authority for the issue of "No Demand

Certificate" in accordance with the provisions of sub-rule (1) of rule 9.25.

9.21. (1) (a) The Head of Office while taking action to obtain claim or claims

from the family in accordance with the provision of rule 9.20 shall

simultaneously undertake the completion of form Pen-11. The work shall be

completed within one month of the date on which intimation regarding the date

of death of the Government employee has been received.

(b) The Head of Office shall go through the service book of the deceased

Government employee and satisfy himself as to whether certificates of

verification of the service for the entire service are recorded therein.

(c) If there are any periods of unverified service, the Head of Office shall

accept the unverified portion of service as verified on the basis of the

available entries in the service book. For this purpose, the Head of Office

may rely on any other relevant material to which he may have ready access

while accepting the unverified portion of service, the Head of Office shall

ensure that service was continuous and was not forfeited on account of

dismissal, removal or resignation from service, or for participation in strike.

(2) (a) For the purpose of determination of emoluments for family pension and

death-cum-retirement-gratuity, the Head of Office shall confine the verification

89

of correctness of emoluments for a maximum period of one year preceding

the date of death of the Government employee.

(b) In case the Government employee was on extraordinary leave on the

date of death, the correctness of the emoluments for a maximum period of

one year which he drew preceding the date of commencement of

extraordinary leave shall be verified.

(3) The process of determination of qualifying service and qualifying

emoluments shall be completed within one month of the receipt of intimation

regarding the date of death of the Government employee and the amount of

family pension and death-cum-retirement gratuity shall also be calculated

accordingly.

9.22. The period of qualifying service shall be determined with reference to

entries of service verification in the service book. If in any particular case, the

service book has not been maintained properly despite the Government's

orders on the subject, and it is not possible for the Head of Office to

accept the unverified portion of service as verified on the basis of entries

in the service book, the Head of Office shall not proceed with the verification

of the entire spell of service. The verification of service in such a case shall

be confined to the following spells of service:-

(a) For the purpose of Family Pension -

(i) if the deceased Government employee on the date of death had

rendered more than one year of service but less than seven years of service,

the service and emoluments for the last year of service shall be verified and

accepted by the Head of Office and the amount of family pension determined

under rule 6.17(3);

(ii) if the deceased Government employee on the date of death had

rendered more than seven years of service, the service for the last seven

years and emoluments for service rendered in the last year shall be verified

and accepted by the Head of Office and the amount of family pension and

the period for which it is payable shall be determined in accordance with the

provision of rule 6.17(4) and (5);

(iii) if the deceased Government employee at the time of death had

rendered more than seven years of service and the service of last seven

years is not capable of being verified and accepted by the Head of Office but

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the service rendered during the last year is capable of being verified and

accepted, the Head of Office, pending the verification of service for seven

years, shall calculate the amount of family pension in accordance with the

provision of rule 6.17(3);

(iv) the service for the last seven years shall be verified and accepted

within the next two months and the amount of family pension at the enhanced

rates and the period for which it is payable shall be determined in accordance

with the provision of rule 6.17 (4) and (5);

(v) the determination of the amount of family pension in accordance with

the provisions of sub-clauses (i), (ii) and (iii) shall be done within one month

of the receipt of intimation of the date of death of the Government employee.

(b) For the purpose of Death-cum-Retirement-Gratuity –

(i) if the deceased Government employee had, on the date of his death

rendered less than one year of qualifying service, the amount of death-cum-

retirement- gratuity shall be equal to two times of his emoluments.

(ii) Where the verified and accepted service is less than five years but

more than one year, the amount of death-cum-retirement-gratuity shall be

equal to six times of his emoluments.

(iii) Where the verified and accepted service five years qualifying service

but less than twenty-four years of qualifying service, and the spell of last five

years service has been verified and accepted by the Head of Office under

clause (a), the amount of death-cum-retirement-gratuity shall be equal to

twelve times of his emoluments.

(iv) if the deceased government employee had rendered more than

twenty-four years of service and the entire service is not capable of being

verified and accepted, but the service for the last five years has been

verified and accepted under sub-clause (i), the family of the deceased

Government employee shall be allowed on the provisional basis, the death-

cum-retirement gratuity equal to twelve times of the emoluments. Final

amount of the gratuity shall be determined by the Head of Office on the

acceptance and verification of the entire spell of service which shall be done

by the Head of Office within a period of six months from the date on which the

authority for the payment of provisional gratuity was issued. The balance, if

91

any, becoming payable as a result of determination of the final amount of the

death-cum-retirement gratuity shall then be authorised to the beneficiaries.

9.23. (1) On receipt of claim or claims, the Head of Office shall complete

form Pen-11 and send the said form to the Accountant General, Haryana with

a covering letter in form Pen-12 alongwith the Government employee's

service book duly completed up-to-date and any other documents relied upon

for the verification of the service claimed. The Head of Office shall do this not

later than one month of the receipt of the claim.

(2) The Head of Office shall retain one copy of the form Pen-11 for his

office record.

(3) If the payment is desired in other circle of accounting unit, form Pen-11

shall be sent in duplicate to the Accountant General, Haryana.

(4) the Head of Office shall draw the attention of the Accountant General,

Haryana to the details of Government dues outstanding against the deceased

Government employee, namely:-

(a) Government dues as ascertained and assessed in term of rule 9.25

and recoverable out of the gratuity before payment is authorised;

(b) amount of gratuity to be held over partly for adjustment of Government

dues which have not been assessed so far and partly as a margin for

adjustment in the light of the final determination of the gratuity;

(c) the maximum amount of gratuity to be held for the purpose of clause

(b) shall be limited to 10% of the amount of gratuity or Rs.20,000/-, whichever

is less.

9.24. (1) On receipt of the documents referred to in sub-rule (1) of rule

9.23, the Accountant General, Haryana shall, within a period of three months

from the date of receipt of the documents apply the requisite checks and

assess the amount of family pension and gratuity:

Provided that if the Accountant General, Haryana is, for any reason unable to

assess the final amount within the period aforesaid he shall authorise the

provisional family pension to the claimant for such period as may be required

by him.

(2) (a) If the family pension is payable in his circle of accounting unit, the

Accountant General, Haryana shall prepare the pension payment order.

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(b) the payment of family pension shall be effective from the date following

the date on which the payment of provisional family pension ceased.

(c) Arrears of family pension, if any, in respect of the period for which

provisional family pension was sanctioned by the Head of Office shall also be

authorised by the Accountant General, Haryana.

(3) The Accountant General, Haryana shall determine and authorise

payment of the amount of the balance of gratuity after adjusting the amount, if

any, outstanding against the deceased Government employee.

(4) The fact of the issue of the pension payment order shall be promptly

reported to the Head of Office by the Accountant General, Haryana and the

documents which are no longer required shall also be returned to him.

(5) If the final family pension including the arrears of the provisional family

pension is payable in another circle of accounting unit, the Accountant

General, Haryana shall send the pension payment order together with the

copy of form Pen-11 duly completed to the Accountant General of that unit for

arranging payment.

(6) (a) If the amount of gratuity sanctioned by the Head of Office proves to be

larger than the amount finally assessed by the Accountant General, Haryana

the beneficiary shall not be required to refund the excess.

(b) The Head of Office shall ensure that chances of sanctioning the

amount of gratuity in excess of the amount actually admissible are minimised

and the official or officials responsible for the excess payment shall be

accountable for the overpayment.

9.25. (1) (i) - If Government employee was allottee of Government

accommodation on the date of death, the Head of Office on receipt of

intimation regarding the death of the Government employee shall within seven

days of the receipt of such intimation write to the Accounts Officer (Rent)/Rent

Assessing Authority for the issue of “No Demand Certificate” so that

authorization of family pension and death-cum-retirement-gratuity is not

delayed. While addressing the Accounts Officer (Rent)/Rent Assessing

Authority for the issue of no demand certificate, the Head of Office shall also

supply the following information in duplicate (one copy marked to the Rent

Wing and the second to the Allotment Wing) :-

(a) name of the deceased Government employee with designation

93

(b) particulars of the accommodation (quarter No., type etc);

(c) date of death of Government employee;

(d) whether the Government employee was on leave at the time of his

death and, if so, the period and nature of leave;

(e) whether the Government employee was enjoying rent free

accommodation;

(f) the period up to which licence fee has been recovered from the pay

and allowances of the deceased Government employee and the monthly rent

of recovery and particulars of pay bill under which last recovery was made;

(g) if the licence fee had not been recovered up to the date of death and

the family intends to retain Government accommodation for the permissible

period of twelve months from the date of death of the Government employee

at the normal rate of licence fee, the amount of licence fee outstanding

against the deceased employee shall be recovered from the amount of death-

cum-retirement-gratuity.

(ii) The Head of Office shall recover from the death-cum-retirement-

gratuity the amount of licence fee as intimated to the Accounts Officer

(Rent)/Rent Assessing Authority under clause (i).

(iii) The recovery of licence fee for the occupation of Government

accommodation beyond the permissible period of twelve months shall be the

responsibility of the Accounts Officer (Rent)/Rent Assessing Authority.

(iv) The Accounts Officer (Rent)/Rent Assessing Authority shall scrutinize

their records with a view to determine if licence fee other than the licence fee

referred to in clause (i) was outstanding against deceased Government

employee. If any recovery is found, the amount and the period to which such

recovery or recoveries relate shall be communicated to the Head of Office

within a period of three months of the receipt of intimation regarding the death

of the government employee under clause (i).

(v) Pending receipt of information under clause (iv) the Head of Office shall

with hold ten percent of the death-cum-retirement gratuity amount or twenty

thousand rupees, which ever is less.

(vi) If no intimation is received by the Head of Office within the period

prescribed under clause (iv) regarding recovery of licence fee, it shall be

presumed that nothing was recoverable from the deceased Government

94

employee and the amount of gratuity withheld shall be paid to the person or

persons to whom the amount of death-cum-retirement-gratuity was paid.

(vii) If the Head of Office has received intimation from the Accounts Officer

(Rent)/Rent Assessing Authority under clause (iv) regarding licence fee

outstanding against the deceased Government employee, the Head of Office

shall verify from the acquittance rolls if the outstanding amount of licence fee

was recovered from the pay and allowances of the deceased Government

employee. If as a result of verification, it is found that the amount of licence

fee shown as outstanding by the Accounts Officer (Rent)/Rent Assessing

Authority had already been recovered, the Head of Office shall draw the

attention of the Accounts Officer (Rent)/Rent Assessing Authority to the pay

bills under which the necessary recovery of the licence fee was made and

subject to the provisions of sub-rule (2) take steps to pay the amounts of

gratuity with-held under clause (v) to the person or persons to whom the death

gratuity was paid.

(viii) If the outstanding amount of licence fee was not recovered from the

pay and allowances of deceased Government employee the outstanding

amount shall be adjusted against the amount of the gratuity withheld under

clause (v) and the balance, if any, repaid to the person or persons to whom

the amount of death-cum-retirement-gratuity was paid.

(2) The Head of Office shall within one month of the receipt of intimation

regarding death of a Government employee, take steps to ascertain if any

dues as referred to in rule 9.16 excluding the dues pertaining to the allotment

of Government accommodation were recoverable from the deceased

Government employee. Such ascertainable dues shall be recovered from the

amount of death-cum-retirement-gratuity becoming payable to the family of

the deceased Government employee.

9.26. In the case of a Government employee who dies while on deputation or

while on foreign service, action to authorize the payments of family pension

and death-cum-retirement-gratuity in accordance with the provisions of the

chapter shall be taken by the cadre controlling authority, which sanctioned the

deputation or foreign service.

Chapter X- Payment of Pensions

Section I- General Rules

95

A- Date of Commencement of Pension

10.1. (a) Apart from special orders, a pension, other than a wound or

extraordinary pension under chapter VIII, is payable from the date on which

the Government employee ceased to be borne on the establishment.

(b) The family pension shall become payable after the day of death of the

Government employee/ pensioner.

Note. - A Government employee who has taken leave without pay

in the hope of being able to resume duty and who subsequently

decides that his health wil l not permit of his return, should not be

regarded as entit led to pension from the commencement of his leave

without pay.

10.2. In cases where considerable delay has occurred in making application

for a wound or injury pension, it will, save as provided in Chapter VIII, be

granted only from the date of the report by the Medical Board and no

application for a gratuity or pension will be entertained unless submitted within

five years of the date of the wound or injury.

Section II- A- Pension Payment Order

10.3. The Accountant General, of the State in which payment is to be made

will communicate to the treasury officer, who is to pay the pension/family

pension authority to make the payment;

(i) in the case of a pension such authority will be a Pension Payment

Order in Form Pen- 20; and

(ii) in the case of family pension such authority will be a Family Pension

Payment Order in Form Pen- 21. Note. - Each pension payment order will be accompanied by a wallet intended

to be delivered by the disbursing officer to the pensioner concerned for use in

respect of the pensioner’s half of the Pension Payment Order.

B- Payment of Gratuities and Commuted Value of Pension

10.4. (a) The amount of Death-cum-Retirement-Gratuity is paid in a single

sum, and not by installments, on receipt of authority from the Accountant

General.

(b) The amount of commuted value of pension is paid in a single sum, and

not by installments, on receipt of authority from the Accountant

General,Haryana.

96

C- Lapses and Forfeiture

10.5. (a) Unless the Government by general or special order otherwise

directs, a pension is not drawn for a period of more than one year shall cease

to be payable by the disbursing officer. If the pensioner afterwards appears or

a claim is presented on his behalf, the disbursing officer may make the

payment but the arrears can be paid - (i) by the disbursing authority if the claim is presented within one year of

ceasing of pension;

(ii) by the disbursing authority after obtaining the sanction of Pension

Sanctioning Authority through Accountant General, Haryana, if the claim is

presented after one year of ceasing of pension:

Provided that if in any case a pension remains undrawn for a period of three

years or more, it will not be paid without obtaining the sanction of the Pension

Sanctioning Authority through Accountant General, Haryana.

(b) On the death of a pensioner, payment of any arrears actually due may

be made to his heirs: provided that they apply within one year of his death.

It can not be paid thereafter without the sanction of the authority by which the

pension was sanctioned and sanction to be obtained through the Accountant

General.

(c) After payment of the arrears of pension, both halves portions of the

pension payment order should be returned to the Accountant General,

Haryana with a report of the date of death of the pensioner.

(d) A gratuity payment order shall remain in force for one year only and no

such order shall be retained in a disbursing office, if payment has not been

made on it within a year of its issue.

97

E- Commutation of Pensions Chapter XI- Commutation of Pensions

Section I- General

11.1. (1) A Government employee, on retirement, shall be entitled to

commute for a lump sum payment a fraction not exceeding 40% (forty

percent) of his pension. The fraction of pension so commuted on

superannuation or pre-mature retirement shall, however, be restored to him

on completion of 15 years from the date of retirement or 15 years from actual

receipt of commutation value, whichever is later

Provided that in the case of Judicial Officer’s, the commutation of

pension shall be permissible upto 50% of pension.

(2) In an application for commutation in Form Pen- 14 or Form Pen- 14A,

as the case may be, the applicant shall indicate the fraction of pension which

he desires to commute and may either indicate the maximum limit for

commutation of pension or such lower limit as he may desire to commute.

(3) If fraction of pension to be commuted results in fraction of rupee, such

fraction of a rupee shall be ignored for the purpose of commutation:

Provided that a Government employee against whom judicial or a

departmental proceeding has been instituted or a pensioner against whom

any such proceeding has been instituted or continued under rule 2.4 ibid,

shall not be permitted to commute any part of his pension during the

pendency of such proceedings.

Note 1.- The commutation of a provisional pension will require the sanction of

the Finance Department. An explanation of the reasons of delay in the

sanction of final pension should be furnished to the Finance Department,

alongwith the report on the title to the commutation applied for. In order to

secure repayment of the commuted value of the part of provisional pension

paid in, declaration in the form enclosed should be obtained from the

pensioner concerned alongwith the application for commutation.

Form of Declaration

Whereas the (here state the designation of the officer sanctioning the

commutation) has consented, provisionally to advance to me the sum of

____________ being the commuted value of a part of the provisional pension,

in anticipation of the completion of the enquires necessary to enable the

98

Government to fix the amount of any pension and consequently the part of

that pension that may be commuted. I hereby acknowledge that in accepting

the advance, I fully understand that the commuted value now paid is subject

to revision on the completion of the necessary formal enquiries, and I promise

to base no objection to such revision on the ground that the provisional

amount now to be paid to me as the commuted value of the part of provisional

pension exceeds the amount to which I may be eventually found entitled. I

further promise to repay either in cash or by deduction from subsequent

payments of pension any amount advanced to me in excess of the amount to

which I may be eventually found entitled. Note 2.- Government employee, even if belonging to a class entitled to

commute ordinary pension, is entitled to commute a compassionate

allowance. A commutation of such an allowance may be sanctioned by

competent authority only on proof that the proceeds of the commutation will

be invested for the permanent benefit of the commuter’s family. Section II- Submission of Applications

11.2. An application for commutation of pension should be made in Part-I of

Form Pen- 14 (in duplicate) or Pen- 14A (in triplicate), as the case may be,

accompanied by two passport size photograph and shall be submitted to the

Head of Office by the retiring Government employee as under: - (1) if the commutation is to be made against superannuation/

compensation/ retiring pension, the retiring employee is not required to

undergo medical examination for which application on form Pen- 14 is to be

submitted to the Head of Office within one year from the date of retirement;

(2) if the commutation is to be made against invalid pension, the retiring

employee is required to undergo medical examination for which application on

form Pen-14A is to be submitted to the Head of Office. The retiring employee

not applying for commutation within one year as per sub- rule (1) shall also be

required to undergo medical examination for which application on form Pen-

14A is to be submitted to the Head of Office.

(3) The Head of Office on receipt of application form in Pen-14A shall

receive the form indicating the date of its receipt and acknowledge

immediately the receipt of form Pen-14A in Part II of that form and dispatch

the same to the applicant.

99

11.3. (1) The Head of Office on receipt of form Pen-14 as per rule

11.2(1), shall forward the case for commutation of pension to Accountant

General, Haryana by pasting one copy of photograph of the applicant on form

Pen-14 duly attested by the Head of Office and after observing the other

formalities mentioned in rule 11.18. (2) The Head of Office on receipt of form Pen-14A as per rule 11.2(2),

shall initiate action for medical examination of the retiring employee at a

nearest station as prescribed in rule 11.6 of these rules. Note 1.- In forwarding an application for commutation of pension already

sanctioned, the number of the pension payment order held by the pensioner

and the name of the treasury from which the pension is drawn should

invariably be given to enable the Accountant General, Haryana to trace his

pension file.

11.4. The lump sum payable on commutation shall be calculated in

accordance with a table(s) of present values which shall be prescribed by the

competent authority. Note 1.- In the event of the table of present values applicable to an applicant

having been modified between the date of administrative sanction to

commutation and the date on which commutation is due to become absolute,

payment shall be made in accordance with the modified table, but it shall be

open to the applicant if the modified table is less favourable to him than that

previously in force, to withdraw his application, by notice in writing dispatched

within 14 days of the date on which he receives notices on the modification.

Section III- Administrative Sanction and Medical Examination

A - administrative sanction 11.5. The forwarding of application in Part III of Form Pen-14 and Form Pen-

14A by the Head of Office to the Accountant General, Haryana for arranging

payment shall be treated as administrative sanction/approval for commutation.

The table of present values is given in Annexure to this Chapter and will be

applicable to all Government employees. B- Intimation to Applicant and Civil Surgeon

11.6. (1) The Head of Office as per provision of rule 11.3(2) shall request

the concerned Civil Surgeon on Form Pen-15 for conducting medical

100

examination by forwarding Form Pen-14A alongwith two photographs of the

applicant out of which one photograph should be pasted on Form Pen-14A

duly attested by the Head of Office. The other photograph shall be pasted on

Form Pen–16 which will be attested by the Medical Authority at the time of

conducting medical examination.

(2) The Head of Office shall simultaneously instruct the retiring employee

to appear for medical examination before the said medical authority.

C- Medical Examination

11.7. The Civil Surgeon should arrange for the medical examination of the

applicant at the nearest available station to be mentioned by the applicant in

part-I of Form Pen- 14A and as early as possible. The applicant shall fill up

the Part I of Form Pen-16, in the presence of the medical authority. The

Medical Authority after conducting the medical examination of the applicant

shall issue the medical report in Part-III of Form Pen-16.

11.8. (1) The Government employee who has been invalided from

service, the medical examination for commutation, in such case, shall be

conducted by the Medical Board.

(2) The medical examination in the case of retiree, who apply for

commutation after one year of retirement, shall be conducted by the Civil

Surgeon of the district in which he is ordinarily resident.

(3) In the case of an applicant who has been or is about to be granted an

invalid pension, the grounds of invaliding or the statement of the medical case

shall be duly considered by the certifying medical authority before the

certificate (Part-III of Form Pen-16) is signed.

(4) Fee for medical examination for commutation of pension shall be

charged from retiree as prescribed in Rule 3.3 of Haryana Civil Services

Rules, Part I – General Rules.

(5) An applicant who has once been refused commutation on medical

ground or after he has once declined to accept commutation on the basis of

an addition to years to his actual age may apply for a second medical

examination, at his own expense if at least a year has elapsed, since his first

examination. Such an examination shall invariably be made by a Medical

Board. The medical authority examining the pensioner should be furnished, in

101

addition to the documents mentioned in Rule 11.6, with a copy of the report of

the medical authority which previously examined him.

(6) The medical authority prescribed shall without delay forward the

completed Forms Pen-14A and Pen-16 in original and the copy of photograph

attested by it to the Head of Office, who recommended for the medical

examination. A certified copy of Part-III of Pen-16 should be given to the

pensioner on the spot after his medical examination.

Note 1.- If in the opinion of the medical authority some special examination is

necessary which is not in a position to carry out itself, it may require the

applicant to undergo such examination at his own expense. No refund of

such expenditure will be given by Government irrespective of the result of the

examination.

D- Withdrawal of Application

11.9. (1) The applicant may, after giving notice in writing to the Head of

Office withdraw his application any time before subjecting himself to medical

examination before the medical authority but in no case after he has appeared

before such authority.

(2) In case the medical authority directs that the applicant’s age for the

purpose of commutation shall be assumed to be greater than his actual age,

the Head of Office shall intimate the applicant the reduced amount of

commutation payable on the basis of assumed age. The applicant may -

(a) by giving notice in writing to the Head of Office withdraw his application

within 14 days from the date on which he receives the certified copy of Part-III

of Form Pen-16; or

(b) request the Head of Office within the period specified in clause (a) that

he may be permitted to reduce the amount of pension already applied for

commutation to an amount to be indicated by the applicant.

(3) Where a request for withdrawal has not been made by the applicant

within the time specified in clause (a) of sub rule (2), it shall be presumed that

he has accepted the findings of the medical authority and the Head of Office

shall take action for the payment of commuted value of pension by forwarding

the case alongwith form Pen- 14A and form Pen-16, received from the

medical authority, to the Accountant General, Haryana.

102

(4) If a request for reduction in the amount of pension to be commuted is

made as provided in clause (b) of sub-rule (2), the Head of Office shall accept

the request of the applicant and accordingly forward the case to the

Accountant General, Haryana for authorizing the payment of commuted value

of pension with reference to the reduced amount.

11.10. (1) The commutation of pension shall become absolute in the case

of an applicant referred to: -

(i) in sub-rule (2) of rule 11.17, on the date on which the application in

Form Pen- 14 is received by the Head of Office;

(ii) in rule 11.2, on the date on which the medical authority signs the

medical report in Part-III of Form Pen-16:

Provided that –

(a) in the case of an applicant who is drawing his pension from a treasury,

the reduction in the amount of pension on account of commutation shall be

operative from the date of receipt of the commuted value of pension or at the

end of three months after issue of authority by the Account Officer for the

payment of commuted value of pension, whichever is earlier; and

(b) in the case of an applicant who is drawing his pension from a branch of

a nationalized bank, the reduction in the amount of pension on account of

commutation shall be operative from the date on which the commuted value of

pension is credited by the bank to the applicant’s account to which pension is

being credited.

(2) The date on which the payment of the commuted value of pension was

made to the applicant or the commuted value was credited to the applicant’s

account shall be entered in the both halves of the pension payment order by

the disbursing authority under intimation, to the Accountant General, Haryana,

who authorized the payment of commuted value of pension.

Note 1.- The applicant who has clearly indicated his intention to commute the

maximum amount of his pension or expressed the amount proposed to be

commuted as a fraction or, percentage of the full and, final pension, within the

maximum permissible limit and is allowed to commute such fraction or

percentage of the provisional pension sanctioned to him on the earlier

occasion, shall neither be required to apply afresh nor to produce a fresh

certificate of medical examination for commutation of the difference between

103

the fraction or percentage of final pension and the anticipatory or provisional

pension. The commutation in such cases is payable in two installments - one

out of the provisional pension and the other after final assessment of pension.

11.11. If the applicant makes any statement found to be false within his

knowledge or willfully suppresses any material fact in answer to any question,

written or oral, put to him in connection with his medical examination, the

sanctioning authority may cancel the sanction at any time before payment is

actually made; and such a statement or suppression may be treated as grave

misconduct for the purpose of Rule 2.2 of these rules.

Section IV- Payment of Commuted Value

11.12. The Accountant General on receipt of the completed Forms Pen

24/Pen-14A or and Pen-16 and the copy of photographs attested by the

Medical Authority, shall arrange forthwith for the payment of the appropriate

commuted value and for the corresponding reduction of pension after making

necessary check as mentioned in rule11.19.

11.13. The payment of the commuted value shall be made as expeditiously as

possible, but in the case of an impaired life no payment shall be made until

either a written acceptance of the commutation has been received or the

period within which the application for the commutation may be withdrawn has

expired. The reduction in the amount of pension on account of commutation

shall become operative from the date as mentioned in rule 11.10.

11.14. The lump sum amount of commutation shall be payable in rupees in

India only.

11.15. If the pensioner dies on or after the date on which commutation

became absolute but before receiving the commutation value, this value shall

be paid to his heirs.

Section V - Commutation of Pension without Medical Examination

11.16. (1) The provisions of this section shall apply to an applicant who is

eligible to commute a fraction of his pension without medical examination.

(2) An applicant who is authorized -

(i) a superannuation pension under rule 5.14 of these rules; or

(ii) a retiring pension under rule 5.16 of these rules; or

104

(iii) a pension on absorption in or under a corporation or company or body

incorporated and who elects to receive monthly pension and death-cum-

retirement-gratuity; or

(iv) a compensation pension on abolition of permanent post under rule 5.2

of these rules; or

(v) a pension in whole or in part on the finalization of the departmental or

judicial proceedings referred to in rule 2.2 and 2.4 of these rules and issue of

final orders thereon; shall subject to the limit of rule 11.1, be eligible to

commute a fraction of his pension without medical examination:

Provided the applicant applies for commutation of pension in Form Pen-14 in

accordance with the provisions of rule 11.17.

Note. - A Government employee, who is granted extension of service on

attaining the age of fifty-eight years with the sanction of the appropriate

authority, will also be eligible if he applies within one year of the expiry of

extension period to commute a fraction of his pension without medical

examination.

11.17. (1) An applicant, who is in receipt of any pension referred to in rule

11.16 and desires to commute a fraction of that pension any time after the

date following the date of his retirement from service but before the expiry of

one year from the date of retirement, shall-

(a) apply to the Head of Office in Form Pen-14 after the date of his

retirement;

(b) ensure that the application in Form Pen-14 duly completed, is delivered

to the Head of Office as early as possible, even before the date of retirement

while submitting pension papers, but not later than one year of the date of his

retirement;

Provided that the case of an applicant,-

(a) referred to in clause (iii) of rule 11.16, where order of retiring him from

Government service had been issued from a retrospective date, the period of

one year referred to in this sub rule shall reckon from the date of issue of the

retirement orders;

(b) referred to in clause (v) of rule 11.16 the period of one year referred to

in this sub-rule shall reckon from the date of the issue of the orders

consequent on the finalization of the departmental or judicial proceedings.

105

(2) An applicant who applies for commutation of pension within one year of

the date of his retirement but his application in Form Pen-14 is received by the

Head of Office after one year of the date of his retirement, shall not be eligible

to get his pension commuted without medical examination. Such an

applicant, if he desires to commute a fraction of his pension shall apply afresh

in Form Pen-14A in accordance with the procedure laid down in Section-II.

11.18. (1) The Head of Office on receipt of application in Form Pen-14

under sub rule (1) of rule 11.17 shall-

(a) initial the Form indicating the date of its receipt;

(b) acknowledge immediately the receipt of Form Pen-14 in Part-II of that

Form and dispatch the same to the applicant;

(c) take immediate action to complete Part-III of Form Pen-14 and forward

the same to the Accountant General, Haryana after retaining one copy for his

record.

(2) In case application in Form Pen-14 is received by the Head of Office

under sub-rule (1) after one year of the date of retirement of the applicant, the

Head of Office shall inform the applicant that :-

(a) he shall not be eligible to commute a fraction of pension without

medical examination;

(b) if he desires to get a fraction of the pension commuted, he should apply

afresh in Form Pen-14A so that arrangements for medical examination are

made to in accordance with the procedure laid down in Section-II.

11.19. (1) The Accountant General on receipt of Form Pen-14, from the

Head of Office shall verify that –

(a) the information furnished by the Head of Office in Part-III of Form Pen-

14 is correct;

(b) the applicant is eligible to commute a fraction of his pension without

medical examination;

(c) the commuted value of pension has been determined correctly by the

Head of Office.

(2) The Accountant General after necessary verification of the information

furnished in Form Pen-14 shall -

(a) issue authority for the payment of commuted value of pension to the

disbursing authority concerned;

106

(b) draw the attention of the disbursing authority concerned to the proviso

to sub-rule (1) of rule 11.10 so that the disbursing authority may make entry in

the Pension Payment Order regarding the date on which the amount of

pension is to be reduced on account of commuted part of pension;

(c) endorse to the applicant a copy of the authority referred to in clause (a)

with the instruction that he should collect the commuted value of pension from

the disbursing authority.

11.20. An applicant who has commuted a fraction of his final pension

and after commutation his pension has been revised and enhanced

retrospectively as a result of Government’s decision, the applicant shall be

paid the difference between the commuted value determined with reference to

enhanced pension and the commuted value already authorized. For the

payment of difference the applicant shall not be required to apply afresh.

107

Annexure

(referred to in Rule 11.5)

Commutation table based on rate of interest of 8% per annum and the

improvement in mortality rate as adopted by the Central Government in case

of their pensioners,

commutation value for a pension of Rupee One per annum.

Age next birthday

Commutation value expressed as Number of years purchase

Age next birthday

Commutation value expressed as Number of years purchase

Age next birthday

Commutation value expressed as Number of years purchase

20 9.188 41 9.075 62 8.093

21 9.187 42 9.059 63 7.982

22 9.186 43 9.040 64 7.862

23 9.185 44 9.019 65 7.731

24 9.184 45 8.996 66 7.591

25 9.183 46 8.971 67 7.431

26 9.182 47 8.943 68 7.262

27 9.180 48 8.913 69 7.083

28 9.178 49 8.881 70 6.897

29 9.176 50 8.846 71 6.703

30 9.173 51 8.808 72 6.502

31 9.169 52 8.768 73 6.296

32 9.164 53 8.724 74 6.085

33 9.159 54 8.678 75 5.872

34 9.152 55 8.627 76 5.657

35 9.145 56 8.572 77 5.443

36 9.136 57 8.512 78 5.229

37 9.126 58 8.446 79 5.018

38 9.116 59 8.371 80 4.812

39 9.103 60 8.287 81 4.611

40 9.090 61 8.194

[Basis: LIC (94-96) Ultimate Table and 8.00% interest]

108

Note: This table takes effect from 17.04.2009.

109

Chapter XII Authorities competent who Exercise the Powers of Competent Authority 12.1 The following authorities shall exercise the powers of a competent

authority under the various rules: -

Sr.

No

No. of

Rule

Nature of power Authority to which

the powers

delegated

Extent

1 2.5 Power to grant

compassionate

allowance

Authority competent

to order dismissal or

removal of the

Government

employee

Up to two-third of the

pension that would

have been admissible

to the Government

employee dismissed

or removed if he had

retired on medical

certificate

2. 3.5 note

3

To sanction counting

of previous service left

due to technical

resignation

Departments of

Government

Full powers

3. 4.3 To sanction counting

of service rendered

under Defence

Departments of

Government

Full powers

4. 4.5 Power to declare that

the period spent under

training shall be

counted towards

pension

Departments of

Government

Full powers except

in regard to a person

in training for, but

not actually

appointed

to Government

service

5. 7.12 Power to sanction the

acceptance of

commercial

employment by a

Departments of

Government

Full powers

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pensioner before the

expiry of two years

from the date of

retirement

6. 11.1 Power to sanction the

commutation of

pensions

1. Administrative

Secretaries

2. Heads of

Departments

Full powers for

Gazetted officers

subject to

the provisions of

Chapter XI.

Full powers for Non-

gazetted employee

subject to the

provisions of Chapter

XI

Note.- The Administrative Departments and Heads of Departments may re-

delegate the powers delegated to them in the above table, on their own

responsibility and subject to such restrictions as they may like to impose, to

any officer under them at their headquarters office. Copies of such orders

should invariably be endorsed to Finance Department and the Accountant

General, Haryana.

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Table of Forms

Number of Form

Rule in which referred

Description

Pen Series Pen -1

6.11 Nomination for Death-Cum-Retirement Gratuity – when family exists

Pen -1A 6.11 Nomination for Death-Cum-Retirement Gratuity – when no family exists

Pen -2 6.20 Details of Family for the purpose of Family Pension

Pen -3 9.5(1)(c) .. Particulars to be obtained 8 months before retirement

Pen -4 9.4,9.6,9.7(1) (3) and 9.11 (1)

Application for pension/family pension and gratuity

Pen -5 9.7 Letter to Accountant General for forwarding the pension papers of a Government employee

Pen -6 9.20 Letter to family for DCRG where nomination exists

Pen -7 9.20 Letter to family for DCRG where no nomination exists

Pen -8 9.20 Application for grant of DCRG on the death of Government employee

Pen -9 9.20 Form of letter for grant of Family Pension to the eligible family member of a deceased Government employee

Pen -10 9.20 Form of application for the grant of Family Pension on the death of a Government employee

Pen -11 9.21, 9.23 and 9.24 Form for assessing and authorizing the payment of family pension and D.C.R.G. when a Government employee dies while in service

Pen -12 9.23(1) Form of forwarding letter to Accountant General for grant of family pension and DCRG

Pen -13 5.9 Certificate of service verification for pension

Pen -14 11.2 Form of application for commutation of a fraction of pension without medical examination

Pen -14 A 11.2 Form of application for commutation of a fraction of pension after medical examination

Pen -15 11.6 .. Letter to the Civil Surgeon, employee and Administrative sanction

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Pen -16 11.6 and 11.8 .. Report of the Medical Authority regarding medical examination

Pen -17 8.13 (2) .. Form of application for disability pension or gratuity

Pen -18 8.13 (2) .. Form of application for extraordinary family pension

Pen -19 8.13 (2) Form to be used by Medical Board when reporting on disability/death

Pen -20 10.3 Pension Payment Order Pen - 21 10.3 Family Pension Payment Order

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Form Pen-1 [See Rule 6.11]

Nomination for Death-Cum-Retirement Gratuity

When the Government employee has a family and wishes to nominate one member or more than one member, thereof. I, ____________________________ hereby nominate the person(s) mentioned below, who is/are a member(s) of my family, and confer on him/them the right to receive any gratuity the payment of which may be sanctioned by Government in the event of my death while in service and the right to receive on my death to the extent specified below, any gratuity which having become admissible to me on retirement may remain unpaid at my death: - Name and address of the nominee(s)

Relation ship with the Government employee

Age

Original nominee(s)

Name, alternate nominee(s) address and relationship, age of the person(s), if any, to whom the right conferred on the nominee shall pass in the event of the nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity

Amount or share of gratuity payable to each*

1 2 3 5 6

This nomination supersedes the nomination made by me earlier on _______________ which stands cancelled. Note: (1) The Government employee shall draw lines across the blank space below the last entry to prevent the insertion of any name after he has signed. (2) Strike out which is not applicable. (3) Column No. 4 should be filled in so as to cover the whole amount of gratuity. (4) The amount/share of the gratuity shown in Column No. 6 should cover the whole amount/share payable to the original nominee(s).

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Dated this __________ day of ___________20. at _________________. Witnesses to signature __________________________ __________________________ Signature of Government employee

(To be filled in by the Head of office) Nomination by______________________

Designation _______________________

Office________________

Signature of Head of office (with date and stamp of Office) Proforma for acknowledging the receipt of the nomination form by the Head of Office To

_____________________________ _____________________________ _____________________________ Sir, In acknowledging the receipt of your nomination, dated the______________ cancellation, dated the _____________ of the nomination made earlier in respect of Death-Cum-Retirement-Gratuity in Form __________. I am to state that it have been duly placed on record. Signature of Head of Office (with date and stamp of Office) Note: The Government employee is advised that it would be in his interest if copies of the nominations and the related notices and acknowledgements are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

115

Form Pen-1 A [See Rule 6.11]

Nomination for Death-Cum-Retirement Gratuity

When the Government employee has no family and wishes to nominate one person or more than one person. I, __________________________, having no family, hereby nominate the person(s) mentioned below and confer on him/them the right to receive, to the extent specified below, any gratuity, the payment of which may be sanctioned by the Government in the event of my death while in service and the right to receive on my death, to the extent specified below, any gratuity, which having become admissible to me on retirement may remain unpaid at my death: - Original Nominee(s) Alternate Nominee(s) Name and address of the nominee/ nominees

Relation ship with the Government employee

Age

Amount of share of gratuity payable to each

Name, address, relationship and age of the person or persons, if any, to whom the right conferred on the nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity

Amount or share of gratuity payable to each*

1 2 3 4 5 6

This nomination supersedes the nomination made by me earlier on ________________ which stands cancelled. Dated this _________ day of ________________ 20 at _________________ . Witnesses to signature 1. ________________________ 2. ________________________

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Signature of Government employee Note (1) The Government employee should draw lines across blank space below the last entry to prevent the insertion of any name after he has signed. (2) Strike out which is not applicable. (3) Column No. 4 should be filled in so as to cover the whole amount of gratuity. (4) The amount/share of the gratuity shown in column no. 6 should cover the whole amount/share payable to the original nominee(s).

(To be filled in by the Head of office) Nomination by______________________ Designation _______________________ Office________________ Signature of Head of office (with date and stamp of Office)

117

Proforma for acknowledging the receipt of the nomination form

by the Head of Office To

_____________________________ _____________________________ _____________________________ Sir, In acknowledging the receipt of your nomination, dated the______________ cancellation, dated the _____________ of the nomination made earlier in respect of Death-Cum-Retirement-Gratuity in Form __________. I am to state that it have been duly placed on record. Signature of Head of Office (with date and stamp of Office) Note: The Government employee is advised that it would be in his interest if copies of the nominations and the related notices and acknowledgements are kept in safe custody so that they may come into the possession of the beneficiaries in the event of his death.

118

Form Pen-2 (See Rule 6.20)

Details of Family for Family Pension

Name of the Government employee Designation Date of birth Date of appointment Details of the members of my family *as on ________________ Serial No. Name of

the members of family*

Date of birth

Relationship with the Government employee

Remarks

1 2 3 4 5

I hereby undertake to keep the above particulars up-to-date by notifying to the Head of Office any addition or alteration. Place: __________________ Signature of Government employee Dated, the _______________ *Family for this purpose means family as defined in Rule 6.16 (b). Countersigned Signature of Head of Office (with date and stamp of office)

119

Form Pen- 3

[See rule 9.5(1)(c)] Particulars to be obtained by the Head of Office from the retiring Government employee eight months before the date of his retirement. 1. Name of the Government employee 2. (a) Date of Birth (b) Date of retirement 3. Two slips of specimen signatures to be attested by Head of Office 4. Four copies of passport size joint photographs of the Government employee with his/her wife/husband (to be attested by Head of Office) 5. Two slips showing the particulars of height and personal identification marks duly attested 6. Present address 7. *Address after retirement 8. Name of the Treasury or Public Sector Bank Branch through which the Government employee wants to draw his pension. 9. Details of the family in Form Pen-2 10. Indicate whether family pension is admissible from any other source – Military or State Government and/or a Public Sector Undertaking/Autonomous Body/Local Fund under the Central or State Government. Place _____________________ Signature of Government employee Dated the __________________ Designation Department/ Office * Any subsequent change of address should be notified to the Head of Office/Accountant General, Haryana.

120

Form Pen- 4 [See rules 9.4, 9.6, 9.7(1) (3) and 9.11 (1)]

Form for Assessing Pension /Family Pension and Gratuity

(To be sent in duplicate if payment is desired in a different circle of accounting unit).

PART - I

1. Name of the Government employee. 2. Father’s/husband’s Name 3. Date of birth 4. Marks of identification and height 5. Present residential address

of the Government employee 6. Permanent/Post-retirement address of the retiree 7. Particulars of the post held at the time of retirement:

(a) Name of the office (b) Post held (c) Scale of the post

8. Date of beginning of service as regular 9. Date of ending of service 10. Particulars relating to military service, if any

(a) Period of military service (b)Terminal benefits drawn/being drawn for military service (c) Whether opted for counting of military service towards civil pension? (d) If answer to (c) above is in the affirmative, whether the terminal benefits have been refunded. (e) In case of Ex-servicemen who are eligible for family pension under the Armed Forces Rules, whether opted to retain family pension under the Armed Forces Rules or to draw family pension under the Civil Rules.

11. Class of pension applicable 12. The date on which action initiated to

(a) obtain the “No demand certificate” from the Accounts Officer (Rent)/ Rent assessing Authority as provided in rule 9.3 (b) assess the service and emoluments qualifying for pension as provided in rule 9.5, and (c) assess the Government dues other than the dues relating to the allotment of Government accommodation as provided in rule 9.17 (1).

13. Details of omissions, imperfections or deficiencies in the service book which have been ignored under rule 9.5(1) (b) (ii)

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14. Total length of service 15. Periods of non-qualifying service From To

(a) Interruption in service condoned under rule 3.6 (b) Extraordinary leave not qualifying for pension (c) Period of suspension not treated as qualifying for pension (d) Any other service not treated as qualifying for pension. Total period of non-qualifying service -

16. Net qualifying service (Column 13 – 14) 17. Qualifying service expressed in terms of

completed six monthly periods i.e. period of three months and above is treated as completed six monthly period

18. Emoluments reckoning for gratuity

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19. Emoluments last drawn at the time of retirement -

(a) If the officer was on foreign service immediately preceding retirement, the notional emoluments which he would have drawn under Government but for being on foreign service be reflected against (a) above (b) Emoluments reckoned for pension (See rule 6.14) (c) Emoluments reckoned for death-cum- retirement -gratuity (see rule 6.10(1) (d) Emoluments reckoned for family pension (see rule 6.17(3)

20. Date on which Form Pen- 3 has been obtained from the Government employee

21. Proposed pension: Last Pay Drawn x Qualifying Service in half years (Maximum 56 half years ) 2 56

22. Proposed death-cum-retirement gratuity: Emoluments x Qualifying Service in half years* 4 (*Maximum 66 half years for Group A, B , C and 70 half years for Group D employees).

23. Proposed family pension: (a) Ordinary Family Pension: Pay last drawn x Prescribed %age (now 30%)subject to Minimum and maximum limit as per Rule 6.17(3). (b) Enhanced Family Pension: Family Pension at ordinary rate as at (a) above x 2 subject to maximum of pension of Government employee as per Rule 6.17(5).

24. (i) The amount of the family pension becoming payable to the family of the Government employee, if death takes place after retirement 6.17(5). (a) before attaining the age of 65 Years. Rs. (b) after attaining the age of 65 years Rs. ____________________________________________________ Sr. Name of the member Date of birth Relationship with No. of the family Government employee ____________________________________________________ 1 2 3 4 ____________________________________________________

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____________________________________________________

25. Date from which pension is to commence 26. Proposed amount of provisional pension,

if departmental or judicial proceeding is instituted against the Government employee before retirement.

27 Details of Government dues recoverable out of gratuity:- (a) Licence fee for the allotment of Government accommodation (See rule 9.3 and 9.17) (b) Other dues referred to in rule 9.18

28. Whether nomination made for death-cum- retirement gratuity

29. Commutation of pension when applied simultaneously with the pension application – (a) The portion of pension commuted: (upto 50% of pension for Judicial Officers and upto 40% of pension for others) (b) Commuted value of pension = (a) x factor from table under rule 11.5 x 12 (c) Amount of residuary pension after deducting commuted portion [Serial No.. 20 – 28(a)]

30. Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

Signature of the Head of Office (with date and stamp of office)

124

Form Pen- 5

(See rule 9.7) Form of Letter for forwarding Pension Papers of a Government Employee to Accountant General No____________________________ Government of Haryana Department/Office_______________ Dated the ______________________ To The Accountant General, Haryana Chandigarh. Subject:- Pension papers of Shri/Shrimati/Kumari_______________________ for authorization of pension Sir, I am directed to forward herewith the pension papers of Shri/Shrimati/Kumari ___________________________ of this department/office for further necessary action. 2. The details of Government dues which will remain outstanding on the date of retirement of the Government employee and which need to be recovered out of the amount of death-cum-retirement – gratuity are indicated below:- (a) Balance of the house building or conveyance advance Rs. (b) Over payment of pay and allowances including leave salary Rs. (c) Income tax deductible at source under the Income Tax Act Rs. 1961 (43 of 1961) (d) Arrears of licence fee for occupation of Government accommodation Rs. (e) The amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement Rs. (f) Any other assessed dues and the nature thereof Rs. (g) The amount of gratuity to be withheld for adjustment of unassessed dues, if any Rs.

125

--------------------------- Total --------------------------- 3. Your attention is invited to the list of enclosures which is forwarded herewith. 4. The receipt of this letter may be acknowledged and this department/office be informed that necessary instructions for the disbursement of pension have been issued to disbursing authority concerned. Yours faithfully, Head of Office (with date and stamp) List of Enclosures: -

1. Form Pen-1, Pen-2, Pen-3* and Pen- 4 duly completed.

2. Medical certificate of incapacity (if the claim is for invalid pension).

3. Statement of the savings effected and the reasons why employment could not be found elsewhere (if claims is for compensation pension or gratuity)

4. Service book (date of retirement to be indicated in the service book).

5. Two slips of specimen signatures, duly attested by Head of Office

6. Four copies of passport size photograph with wife or husband (either

jointly or separately) duly attested by the Head of Office.

7. Two slips showing the particulars of height and identification marks, duly attested by Head of Office.

8. A statement indicating the reasons for delay in case the pension

papers are not forwarded before six months of the retirement of Government employee.

9. Written statement, if any, of the Government employee as required

under rule 9.5(1)(a).iv).

10. Brief statement leading to reinstatement of the Government employee in case the Government employee has been reinstated after having been suspended, compulsorily retired, removed or dismissed from service.

126

Note: When initials or name of the Government employee are/is incorrectly given in the various records consulted, this fact should be mentioned in the letter. * If a Government employee is compulsorily retired from service and delay is anticipated in obtaining Form Pen 3 from the Government employee, the Head of office may forward the pension papers to the Accountant General, Haryana without Form Pen 3. The form may be sent as soon as it is obtained from the Government employee. Signature of the Head of Office (with date and stamp)

127

Form Pen-6

(See rule 9.20) Form of Letter to the member(s) of the family of a deceased Government employee where valid nomination for the grant of the death-cum-retirement-gratuity exists No____________________________ Government of Haryana Department of _________________ Dated the ______________________ To ________________________ ________________________ ________________________ Subject:- Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________ Sir/Madam, I am directed to state that in terms of the nomination made by the late Shri/Smt.____________________________ (Designation) __________________________ in the Office/Department of __________________ a death—cum-retirement gratuity is payable to his/her nominee(s). A copy of the said nomination is enclosed herewith. 2. I am to request that a claim for the grant of the gratuity may be submitted by you in the enclosed Form Pen-8. 3. Should any contingency have happened since the date of making the nomination, so as to render the nomination invalid, in whole or in part, precise details of the contingency may kindly be stated. Yours faithfully, Head of Office (with date and stamp of office)

128

129

Form Pen-7 (See Rule 9.20)

Form of letter to the member(s) of the family of a deceased Government employee where valid nomination for the grant of death-cum-retirement-gratuity does not exist. No____________________________ Government of Haryana Department of __________________ Dated the ________________________ To ________________________ ________________________ ________________________ Subject:- Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________ Sir/Madam, I am directed to say that in terms of Rule 6.10 of Haryana Civil Services Rules, Part III- Pension Rules, a death –cum-retirement-gratuity is payable to the following members of the family of late Shri/ Smt_____________________ (Designation), _______________ in the office/Department of _______________ in equal share:- (i) Wife /Husband ) including judicially separated wife/husband (ii) Sons ) including adopted (iii) Unmarried daughters ) children. 2. In the event of there being no surviving member of the family as indicated above, the gratuity will be payable to the following members of the family in equal share:- Widowed daughters (including adopted daughters) Father ) including adopted parents in case of Mother ) individuals whose personal law permits adoption.

130

Brother below the age of eighteen years and unmarried and widowed sisters. Married daughters, and Children of a pre-deceased son. It is requested that a claim for the payment of gratuity may be submitted in the enclosed Form Pen-8 as soon as possible. Yours faithfully,

Head of office. (with date and stamp)

131

Form Pen-8 (See rule 9.20)

Form of Application for grant of Death-Cum-Retirement-Gratuity on the death of a Government Employee (To be filled in separately by each claimant and in case the claimant is minor, the Form should be filled in by the guardian on his/her behalf. Where there are more than one minor, the guardian should claim gratuity in one form on their behalf). 1. (i) Name of the claimant in case he is not minor (ii) Date of birth of the claimant 2. (i) Name of the guardian in case the claimants are minors (ii) Date of birth of the guardian 3. (i) Name of the deceased Government employee in respect of Whom gratuity is being claimed (ii) Date of death of Government employee (iii) Office/Department in which the deceased served last 4. Relationship of the claimant/guardian with the deceased Government employee. 5. Full postal address of the claimant/guardian 6. (i) Where gratuity is claimed by the guardian on behalf of minors, the names of the minors, their ages, relationship with the deceased Government employee, etc.- Serial Name Age Relationship with the Postal NO. deceased Government address

employee 1 2 3 4 (ii) Relationship of the guardian with minors. 7. Place of payment of pension and gratuity ( Treasury /Sub-Treasury, Public Sector Bank Branch) Signature /Thumb impression of the claimant/guardian 8. Two slips of specimen signatures of claimant/guardian duly attested 9. *Attested by: -

132

Name Full address Signature (i) ____________ ____________

____________ (ii) ____________ ___________

____________ 10. Witnesses :

Name Full address Signature

(i) ____________ ____________

____________ (ii) ____________ ___________

____________

*Attestation should be done by two Gazetted Officers or two or more persons of respectability in the town, village or Pargana in which the applicant resides.

133

Form Pen-9 (See Rule 9.20)

Form of Letter to the widow/ widower or other eligible family member of a deceased Government Employee for a grant of Family Pension No. __________________ Government of Haryana, Department of ________ Dated, the ____________ To _____________________ _____________________ _____________________. Subject: Payment of Family Pension in respect of late Shri/ Smt. __________ Sir/ Madam, I am directed to state that in terms of rule 6.16 (2) of the Haryana Civil Services Rules, Part III – Pension Rules, , a family pension is payable to you as widow/widower/family member of the late Shri/Smt. ___________________ (designation _______________ in the office/ department of ___________________________________). 2. You are advised that a claim for the grant of family pension may be submitted in the enclosed Form Pen-10. 3. The family pension will be payable to the widow/widower till death or remarriage, whichever event occurs earlier and in the event of death or remarriage, the family pension shall be granted to the child or children, if eligible as per conditions stipulated in rule 6.18 of Haryana Civil Services Rules, Part III – Pension Rules. Yours faithfully, Head of Office (with stamp and date)

134

Form Pen- 10 (See Rule 9.20)

Form of Application for the grant of Family Pension on the death of a Government Employee 1. Name of the applicant Widow/ Widower /Guardian,

if the deceased person (s) is survived by child or children 2. Name and age of surviving widow/ widower and children of the deceased Government employee/ pensioner.

Serial No.

Name Date of birth Relationship with the deceased person

1. 2. 3. 4. 5. 6.

3. Date of death of the Government employee. 4. Office/ Department in which the deceased Government employee served last. 5. If the applicant is guardian, his date of birth and relationship with the deceased Government employee. 6. If the applicant is a widow/ widower the amount of service pension which she/ he may be in receipt on the date of death of the husband/ wife 7. Full address of the applicant 8. Place of payment of pension and gratuity (Treasury or Sub-Treasury or Public Sector Bank Branch). 9. Enclosures ; (i) Two slips of specimen signatures of the applicant, duly attested. (ii) Two copies of passport size photograph of the applicant to be attested by the Head of Office. (iii) Birth Certificate or any other documentary evidence for age of child/children. (iv) Death Certificate of the deceased Government employee.

135

Signature of the applicant. 10. Attested by: Name Full Address Signatures (i) _______________ ___________________ _______________ (ii) _______________ ___________________ _______________ Witnesses : Name Full Address Signatures (i) _______________ ___________________ _______________ (ii) _______________ ___________________ _______________ Note: Attestation should be done by two gazetted Government employees or two persons of respectability in the town, village in which the applicant resides.

136

Form Pen -11

(See rules 9.21, 9.23 and 9.24) Form for assessing and authorizing the payment of Family Pension and Death-Cum-Retirement Gratuity when a Government Employee dies while in service (To be sent in duplicate if payment is desired in a different circle of accounting unit). 1. Name of the deceased Government employee 2. Father’s/Husband’s name 3. Date of birth 4. Date of death 5. Office/Department in which last employed. 6. Particulars of the post held at the time of death: (a) Name of the office (b) Post held (c) Scale of the post 7. Date of beginning of service as regular 8. Date of ending of service on death 9. (i) Total period of military service for which pension/gratuity was sanctioned; and (ii) Amount and nature of any pension/gratuity received for military service 10. The date on which intimation regarding the death of a Government employee was received by the Head of Office 11. The date on which action initiated to: - (i) obtain claim or claims from the claimants in the appropriate form death-cum-retirement gratuity and family pension as provided in rule 9.20; (ii)obtain the “No demand certificate” from the Accounts Officer (Rent)/Rent Assessing Authority as provided in rule 9.25 (1);

137

(iii) assess the Government dues other than the dues pertaining to occupation of Government accommodation as provided in rule 9.23; (iv) assess the service and emoluments qualifying for death-cum-retirement gratuity and family pension as provided in rules 9.21 and 9.22. 12. Whether nomination made for death-cum-retirement gratuity? 13. Length of service qualifying for death-cum-retirement- gratuity/family pension 14. Periods of non-qualifying service From To (a) Interruption in service condoned under rule 3.6 (b) Extraordinary leave not qualifying for pension (c) Period of suspension not treated as qualifying for pension (d) Any other service not treated as qualifying for pension. Total period of non-qualifying service: 15. (a) Emoluments reckoning for death-cum-retirement-gratuity, [See rule 6.10 (2)]

(b) Amount of death-cum-retirement gratuity. 16. Family Pension: - (i) Proposed family pension at: - (a) enhanced rates [if service rendered at the time of death is more than seven years as in rule 6.16(4) or 6.16(5) to these rules]

(b) Ordinary rates [as in rule 6.16(3) to these rules].

(ii) Period of tenability of Family Pension. From To Enhanced rates Ordinary rates. 17. Person to whom family pension is payable- (i) Name: (ii) Relationship with the deceased Government employee

138

(iii) Full postal address ______________________________ 18. Details of Government dues recoverable out of gratuity: -

Licence fee for occupation of Government accommodation (See rule 9.25). Amount of death-cum-retirement gratuity to be held over pending receipt of information from the Accounts Officer (Rent) /Rent Assessing Authority. [See rule 9.25 (1) (v)]

Dues referred to in rule 9.25 (2).

19. Date on which claim received from the claimants. 20. Name and address of guardian who will receive

payment of death-cum-retirement gratuity and family pension in the case of minors.

21. Place of payment (Treasury, Sub-Treasury or branch of Public Sector Bank). Signature of Head of Office (with date and stamp)

Form Pen -12

(See rule 9.23 (1)] Form of Letter for forwarding papers to the Accountant General for the grant of Family Pension and Death-Cum-Retirement-Gratuity to the family of a Government Employee, who dies while in service No____________________________ Government of Haryana Department /Office_______________ Dated, the ______________________ To Accountant General, Haryana, Chandigarh.

139

Subject:- Grant of family pension and death-cum-retirement gratuity Sir, I am directed to say that Shri/Smt. _______________ designation ______________ died on _______________________. His family has become eligible for the grant of family pension and death-cum-retirement gratuity. Form Pen. 11 duly completed is forwarded herewith for the further necessary action. 2. Government dues in respect of the deceased Government employee will be recovered out of the death – cum – retirement gratuity as indicated in Form Pen-11. 3. Your attention is invited to the list of enclosures which is forwarded herewith. 4. The receipt of this letter may be acknowledged and this Department/Office informed that necessary instructions for the disbursement of family pension and death-cum-retirement gratuity have been issued to the disbursing authority concerned. Yours faithfully Head of Office (with date and stamp) List of enclosures: - 1. Form Pen-10 alongwith documents mentioned therein. 2. Form Pen-11 duly completed. 3. Service Book (date of death to be indicated in the service book)

140

Form Pen – 13 (See rule 5.9)

Form of Certificate for Verification of Service for Pension

No.__________________________________ Government of Haryana, Department of _________________________ Dated ______________________

CERTIFICATE It is certified that Shri/Smt. ______________________ Designation_________________ has completed a qualifying service of _________ years __________months and_______ days as on ______________(date), as per details given below. The service has been verified on the basis of his service documents and in accordance with the rules regarding qualifying service in force at present. The verification done under sub-rule (1) of rule 5.9 shall be treated as final and shall not be re-opened except when necessitated by a subsequent change in the rules and orders governing the conditions under which the service qualifies for pension. Details of Qualifying Service From To 1. 2. 3. Signature of Head of Office (with stamp and date) To Shri/Smt. _______________________ ________________________________ (Name and designation)

141

Form Pen - 14 (See rule 11.2)

Form of application for commutation of a fraction of pension without medical examination. (To be submitted in duplicate after retirement but within one year of the date of retirement)

Part I To The ____________________ ) (Here indicate the designation and ________________________ ) full address of the Head of office) ________________________ ) Subject: - Commutation of pension without medical examination I desire to commute a fraction of my pension as indicated below in accordance with the provisions of rule 11.1 of these rules. The necessary particulars are furnished below: - 1. Name (in Block letters) 2. Father’s/Husband’s name 3. Designation at the time of retirement. 4. Name of Office/Department 5. Date of Birth 6. Date of retirement 7. Class of pension on which retired 8. Amount of pension authorized (in case final amount of pension has not been authorized, indicate the amount of provisional pension) 9. *Fraction of pension proposed to be commuted 10. Pension Payment Order Number, if issued 11. Disbursing authority for payment of pension ** (a) Treasury/Sub-Treasury (name and complete address of the Treasury/ Sub-Treasury to be indicated).

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(b) (i) Branch of the Nationalized Bank with complete postal address. (ii) Bank Account No. to which monthly pension is being credited each month. Place: Signature ________________________ Date: Address _________________________ _______________________________ * The applicant should indicate the fraction of the amount of monthly pension (subject to the maximum of forty percent thereof) which he desires to commute and not the amount in rupees. ** Score out which is not applicable.

Part II

Acknowledgement Received from Shri/Smt. __________________________ (Name and former designation) application in Part I of Form Pen-14 for the commutation of a fraction of pension without medical examination. Place: Signature_________________ Date Head of office (with stamp) Note: If the application has been received by the Head of Office before the date of retirement on superannuation, this acknowledgement should be detached from the Form and handed over to the applicant. If the form has been received by post, it has to be acknowledged on the same day and the acknowledgement sent under registered cover to the applicant. In case it is received after the specified date, it should be accepted only if it has been put into the post on or before that date subject to the production of evidence to that effect by the applicant.

Part III No. ____________________________ Dated____________________ Forwarded to the Accountant General, Haryana with the remarks that: - (i) the particulars furnished by the applicant in Part I have been verified

and are correct;

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(ii) the applicant is eligible to get a fraction of his pension commuted without medical examination; (iii) the commuted value of pension determined with reference to the Table

applicable at present comes to Rs. ___________________; and (iv) the amount of residuary pension after commutation will be Rs._______________. 2. It is requested that further action to authorize the payment of the amount of commuted value of pension may be taken in accordance with rule 11.19 of these rules. 3. The receipt of Part I of the form has been acknowledged in Part II which has been forwarded separately to the applicant on ______________________________. Place: Signature _____________________ Dated: Head of Office (with stamp)

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Form Pen-14 A

(Referred to in rules 11.2) Form of Application for Commutation of Pension after Medical Examination by an Applicant (To be submitted in triplicate)

Part I To The ______________________ ) (Here indicate the __________________________ ) designation and full address __________________________ ) of the Head of office) Subject:- Commutation of pension after medical examination. Sir, I desire to commute a fraction of my pension in accordance with the provisions of rule 11.1 of these rules. Two copies of my photograph are enclosed herewith the necessary particulars are furnished below: - 1. Name (in block letters) 2. Father’s/Husband’s name 3. Designation 4. Name of Office/Department in which employed 5. Date of Birth 6. Date of retirement 7. Class of pension on which retired 8. Amount of pension authorized. *9. Fraction of pension proposed to be commuted. 10. Pension Payment Order Number, if issued 11. Disbursing authority for payment of pension. (a) Treasury/ Sub-Treasury (Name and

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Complete address of the Treasury/Sub-Treasury to be indicated) (b) (i) Branch of the Nationalized Bank with complete address. (ii) Bank Account No. to which monthly pension is being credited each month. 12. Approximate date from which commutation is desired to have effect.

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13. Preference for station where medical examination is desired to take place.

Place: Signature __________________________ Date: Address____________________________ ____________________________ * The applicant should indicate the fraction of the amount monthly pension (subject to a maximum of forty percent thereof) which he desires to commute and not the amount in rupees. Note: The payment of commuted value of pension shall be made through the disbursing authority from which pension is being drawn. It is not open to an applicant to draw the commuted value of pension from any other authority other than the authority from which pension is being drawn.

Part II

Acknowledgement Received from Shri/Smt. __________________________________________ (Name and designation ) application in Part I of Form Pen-14 A for commutation of a fraction of pension after medical examination. Signature Head of Office (with date and stamp)

Part III No. ____________________________ Dated____________________ Forwarded to the Accountant General, Haryana with the remarks that: - (i) the particulars furnished by the applicant in Part I have been verified

and are correct; (ii) the applicant is eligible to get a fraction of his pension commuted with medical

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examination and Form Pen-16 containing the medical examination report in Part-III is enclosed;

(iii) the commuted value of pension determined with reference to assumed

age as per medical report and the Table applicable at present comes to Rs.______________; and

(iv) the amount of residuary pension after commutation will be Rs.________________. 2. It is requested that further action to authorize the payment of the amount of commuted value of pension may be taken in accordance with rule 11.12 of these rules. Signature Head of Office (with date and stamp)

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Form Pen-15 (See rule 11.6)

Form of Letter to the Civil Surgeon.

No._______________________________ Government of Haryana Department of ______________________ Dated _____________________________ To ___________________________ ___________________________ ___________________________. Subject: - Medical Examination for Commutation of Pension. Sir, Shri/Smt. _____________________ who retired from service on______________________ as _____________________(designation) has applied for commuting a fraction of his pension for a lumpsum payment. The following documents are forwarded herewith: - (a) Application in Form Pen.- 14 A in original together with an unattested copy of the applicant’s photograph. (b) A copy of Form Pen-16 in duplicate. (c) Report of the statement of the applicant’s case if he has been granted

invalid pension, or has previously commuted a fraction of his pension or declined to accept commutation on the basis of addition of years to his actual age or has been refused commutation on medical grounds.

2. In terms of rule 11.7 of these rules Shri ______________________ should be examined by a Medical Board/ Medical Officer not lower than the rank of Civil Surgeon or a Principal Medical Officer. It is requested that arrangement may be made to get Shri ___________________ examined as expeditiously as possible before his next birthday which falls on ________________.

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3. It is requested that arrangements for medical examination by the medical authority indicated in para-2 above may be made at the nearest available station mentioned by Shri _______________ in his application in Form Pen-14 A. 4. It is requested that Shri __________________________ may be informed direct under intimation to this office as to where and when he should appear before the appropriate authority for medical examination. A copy of this letter is being endorsed to him so that he may comply with your instructions on hearing from you. 5. The receipt of this letter may please be acknowledged. Yours faithfully, Head of office (with date and stamp) Copy forwarded to Shri ____________________ (here give complete address) with the remarks that he will be eligible for the lumpsum payment in lieu of the amount of pension to be commuted on the basis of assumed age reported by the medical authority. Shri ______________________ should report for medical examination to the medical authority direct on hearing from Civil Surgeon ____________. He should take with him the enclosed Form Pen-16 with the particulars required in Part I completed except the signature. Signature Head of Office (with date and stamp)

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Form Pen-16 (See rules 11.6 and 11.8)

Medical Examination by the ______________________________________ (here enter the medical authority)

Part I The applicant must complete this statement prior to his examination by the____________ (here enter the medical authority) and must sign the declaration appended thereto in the presence of that authority:- 1. Name of the applicant (in block letters) 2. Date of birth 3. Place of birth 4. Particulars regarding parents, brothers and sisters: - Father’s age Father’s age Number of Number of brothers if living at death and brothers dead, their ages at and state of cause of living, their death and cause of health death ages and state death of health. Mother’s age, Mother’s age Number of Number of sisters if living at death and sisters dead, their ages at and state of cause of living, their death and cause of health death ages and state death of health. 5. Have you ever been examined- (a) for life Insurance, or /and (b) by any Government Medical Officer or Medical Board. 6. Have you been granted or considered for grant of invalid pension? If

so, state the ground thereof. 7. Have you ever been granted leave on medical certificate during the last

five years? If so, state periods of leave and nature of illness. 8. Have you ever :-

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(a) Had enlargement or suppuration of glands small pox, intermittent or any other fever, spitting of blood, asthma, inflammation of lungs, pleurisy, heart disease, fainting attacks rheumatism, appendicitis, epilepsy, insanity or other nervous disease, discharge from or other disease of the ear, syphilis, or gonorrhoea; or

(b) had any other disease or injury which required confinement to bed, or ? (c)undergone any surgical operation ? or (d) suffered from any illness, wound or injury sustained while on active service? Or (e) presence of albumin or sugar in urine. 9. Present state of Health. (a) have you a hernia ? (b) have you varicocele, varicose veins or piles ? (c) Is your vision in each eye good (with or without glasses)? (d) Is your hearing in each ear good? (e) Have you any congenial or acquired malformation, defect or deformity? (f) Have you lost or gained weight markedly during the last three years? (g) Have you been under treatment of any doctor within the last three months and nature of illness for which such treatment was taken?

Declaration by Applicant (To be signed in the presence of medical authority )

I declare all the above answers to be, best of my belief, true and correct I am fully aware that by wilfully making a false statement or concealing a relevant fact. I shall incur the risk of loosing the commutation I have applied for and of having my pension withheld or withdrawn under rule 2.2 & 2.4 of the Haryana Civil Services Rules , Part III – Pension Rules. Applicant’s Signature Signed in presence of ____________________________________________________________ Signature of Medical Authority (with date and stamp) PART- II (To be filled in by the examining medical authority ) 1. Apparent age 2. Height. 3. Weight. 4. Describe any scars or identifying marks of the applicant

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5. Pulse rate - (a) Sitting (b) Standing (c) Character of pulse 6. Blood pressure - (a) Systolic (b) Diastolic 7. Is there any evidence of disease of the main organs - (a) Heart (b) Lungs (c) Liver (d) Spleen (e) Kidney 8. Investigations - (a) Urine (State Specific gravity) (b) Blood (c) X-Ray Chest (d) E.C.G. 9. Has the applicant a hernia ? (if so, state the kind and if reducible) 10. Any additional finding.

Part III (To be filled in by the examining medical authority)

I/We have carefully examined Shri/Smt./Kumari ______________ and am/are of opinion that- He/She is in good bodily health and has the prospect of an average duration of life. Or He/She is not in good bodily health and is not a fit subject for commutation. Or Although he/she is suffering from _______________________, he/she is considered a fit subject for commutation but his/her age for purpose of commutation, i.e. , the age next birthday should be taken to be _____________ (in words) years more than his/her actual age. Signature and designation of Date: _____________ examining Medical Authority

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Form Pen - 17 [Referred to in Rule 8.13 (2)]

Form of Application for Disability Pension or Gratuity

1. Name of applicant and full office address 2. Father’s name 3. Residential address (showing village, tehsil and district) 4. Present or last employment, including full particulars and address of the establishment. 5. Date of entry into service 6. Full particulars of service and length of service 7. Percentage of Disability sustained due to injury/disease (as certified by the Medical Authorities) and circumstances which resulted in that disability. 8. Pay at the time of injury sustained, disease contracted 9. Proposed pension or gratuity 10. Date of injury/disease as certified by the medical authorities) 11. Place of payment 12. Other relevant information, if any 13. Date of birth 14. Height and two identification marks Place:____________________ Signature (Applicant) Date: ____________________ Date on which the application received ________________

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Signature of Head of office (with date and stamp)

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Form Pen - 18 [Referred to in Rule 8.13 (2)]

Form of Application for Extraordinary Family Pension

Application for an extraordinary pension for the family of the late Shri/Smt.____________ killed, or died of disease or disabled claimed as being attributable to Government service. I. Information regarding the claimant - 1. Name and address (showing village, tehsil and district) 2. Age and Date of birth _________________ 3. Height __________________________________ 4. Marks for identification _____________________ 5. Present occupation and pecuniary circumstances _______________ 6. Degree and nature of relationship with the deceased _____________ II. Information regarding the deceased - 7. Name, father’s name residence ___________________________ 8. Particulars of post and service with full name and address of the Establishment 9. Full particulars of service, length of service, etc. 10.Pay at the time of death 11 Date of birth 12.Age at the time of death 13.Nature of Injury/Disease causing death Injuries/Diseases (as per the Certificate of the Medical Authorities) and the circumstances in which the same resulted) III. Other Information 14. Amount of Pension, etc., claimed 15. Place of payment 16. Date from which benefit(s) claimed 17. Other relevant information, if any IV. Names and ages of surviving kindred of the deceased Sons __________________________________ Widows_________________________________ Daughters________________________________ Father___________________________________ Mother_________________________________ Place: ____________ Signature of claimant Date _____________

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Date on which the application received ________________ Signature of Head of office (with date and stamp)

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Form Pen - 19 [Referred to in Rule 8.13 (2)]

Form to be used by Medical Board when reporting on disability/death

Proceedings of Medical Board

Proceedings of a Medical Board assembled by order of ________ for the purpose of examining and reporting on - (i) the present state of the injury/disease sustained/contracted by, or (ii) death of Shri/Smt. ___________________ on the _____________(Please give date, month and year) (a) State briefly the circumstances under which the injury/disease was sustained/ contracted or death occurred and date thereof: (b) What is the Government employee’s (i) present condition, or (ii) death wholly due to injury/disease and reasons as claimed?

If so, please explain fully how. If not, please state to what other causes the same

is attributable. (c) From which date it appears that the Government employee has been/was incapacitated on that account: (d) Which is the date of injury/disease/death: The opinion of the Board upon the questions below is as follows: -

Part A – First Examination 1. The percentage of disability due to injury/disease is .% (Please give herein below full details/justification about the nature of the injury/disease and for percentage of disability certified, supported by full/ all medical and hospital documents with reference to Schedule I and 1-A to the rules). 2. For what period from the date of injury/disease

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(a) has the Government employee been unfit for duty? (b) is the Government employee likely to remain unfit for duty? 3. Other relevant information, if any. _________________ _________________ _________________ Place: Presiding Officer of the Member of the Medical Member of the Medical Date: Medical Board Board Board

Part B – Second or Subsequent Examinations 1. If the original degree of disability of the Government employee has changed, what is the percentage of disability now? (Please give here details of justification in support of your view along with all further Medical and Hospital documents in full.) 2. For what period from the date of injury/disease (a) has the Government employee been unfit for duty? (b) is the Government employee likely to remain unfit for duty? _____________ ________________ ____________ Place: Presiding Officer of the Member of the Medical Member of the Medical Date: Medical Board Board Board Instructions to be observed by the Medical Board while preparing the Report -

1. The Medical Board before recording their opinion should invariably consult the proceedings of previous Medical Boards, if any, as also all previous medical documents connected with the Government employee brought before them for examination or who has died.

2. If the injuries/diseases be more than one, they should be numbered

separately; giving percentage of disability for each, with full details.

3. In answering the questions in the prescribed form the Medical Board will confine itself exclusively to the medical aspect of the case, and will

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carefully discriminate between the Government employee’s/claimant’s unsupported statements and the documentary evidence available.

4. The Medical Board will not express any opinion, either to the

Government employee examined, or in their report, as to whether he is entitled to compensation, or as to the amount of it, nor will it inform the Government employee or any other person connected with the Government employee of anything about the nature of the medical report given by it.

5. The Medical Board shall give their report in the light of the provisions of

Schedule 1 and 1-A thereto.

6. The Report of the Medical Board, on each occasion, shall be supported by all the necessary and full Medical and Hospital documents which shall be maintained and preserved for reference, from time to time, as may be necessary, until the same would no longer be required for reference.

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Form Pen - 20 (See Rule 10.3)

Office of the Accountant General (A&E), Haryana

Pension Payment Order Part-I

Rules Applicable - Haryana Civil Services Rules, Part III – Pension Rules. PPO No. - Case No. - Debitable to Government - HARYANA Head of Account - “2071-Pension and other retirement Benefits” (detail overleaf) Detail of pension/family pension - Pension Family Pension Family Pension (enhanced) (normal) 1. Until further notice, on the expiry of every month, please pay to Sh./Smt. _________________________________________ S/W/H/D/O __________________________ the Pension/Family Pension as set out in part-II of this order plus the amount of dearness relief as admissible from time to time thereon after due identification of the pensioner. 2. The payment of pension should commence from ____________________. 3. In the event of the death of Sh./Smt. __________________________ family pension of Rs.________PM may be paid to Smt./Sh. ______________________ from the day following the date of death of the retiree till the expiry of 7 years from the date of retirement or on completion of 65 years age had the retiree survived, whichever is earlier and thereafter @ Rs. ___________ P.M. subject to conditions overleaf. Signature and Designation Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________.

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IMPORTANT INSTRUCTIONS 1. Family Pension to be paid: In case of Widow/Widower: From the date following the date of death of the deceased Government employee till remarriage or death of the recipient, whichever is earlier. In case of son: From the date following the date of death of the deceased Government employee till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. In case of unmarried daughter/widowed or divorced daughter: From the date following the date of death of the deceased Government employee till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. In case of Parents: From the date following the date of death of the deceased Government employee till remarriage or death of the recipient, whichever is earlier. In case of disabled child: From the date following the date of death of the deceased Government employee till death of the recipient. 2. No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section II, Act XIII of 1871). 3. Payment under this order is to be made only to the pensioner in person, with the following exception: - To persons specially exempted by Government. To female unaccustomed to appear in public and to persons unable to appear on account of illness or bodily infirmity. To any person sending a Life Certificate signed by some persons exercising the powers of a Magistrate under the Criminal procedure Code, or by any Registrar or Sub-registrar appointed under the Indian Registration Act, 1908 or by a Gazetted Officer of Government. In all cases referred to in clause (a), (b) and (c) the Disbursing Officer must atleast once a year require proof independent of that furnished by the Life Certificate of the continued existence of the pensioner. The pension shall not be paid on account of a period more than a year after the date of Life Certificate last received and the Disbursing Officer must be on the watch for authentic information of the decease of any such pensioner and on receipt thereof, shall promptly stop further payment. 4. In case of Military Pension: Only one Family Pension is admissible either from Civil or Defence. 5. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank. 6. Classification: (a) Pension is debitable to the head 2071 – Pension & ORBs 01 - Civil

01- Superannuation and Retirement Allowance

(b) Family Pension is debitable to the head 2071 – Pension & ORBs

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01 - Civil 105- Family Pension

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Part-II 1. PPO No. - 2. Name of the Government employee – 3. Post held on retirement - 4. Scale of Post - 5. Office from where retired: - 6. Residential Address: - 7. Date of birth of Government employee

Date of Appointment in service

Date of Retirement

Date of Death

8. Class of Pension

Qualifying Service

Non Qualifying Service

9. Last Pay drawn

Emoluments for Family Pension

Emoluments for DCRG

Pay Band+GP applicable at retirement.

10. Amount of Pension

Pension withheld Commuted Pension

Net Pension

11. Provisional Pension paid @ Rs. _______ p.m. from _______ which is to be adjusted. 12. Death-cum-Retirement Gratuity - (Amount to be authorized separately) 13. Amount of family pension- (a) enhanced rate Rs. ----- from ---------------- to ------------ (b) normal rate Rs. ------ from -------------- to ------------ 14. Details of Family members eligible for family pension Sr. No. Name Relationship with

Government employee

Date of Birth/Age

Whether disabled

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1. 2. 3. 4.

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Important Instructions Dearness relief is payable with reference to the amount of pension before commutation. Relief on pension / family pension is payable as admissible from time to time. In the event of death of a pensioner within a period of five years from the date of retirement, the Disbursing Officer should send Intimation about the death of the pensioner to the Head of the Office/Department with statement of pension etc. so far paid, in order to enable him to take further action regarding grant of residuary gratuity.

Part-III (For the Treasury Officer/Disbursing Authority)

1. Personal mark of identification ----------------------------------------------- 2. Signature/Thumb impression of pensioner/Family pensioner (to be obtained at the time of first payment) -------------------------------------------------- 3. Commuted value and date of its payment 4. Date of commencement of reduced pension ------------------------------------------------- 5. Date (in words) from which the commuted portion shall stand restored (subject to pensioner being alive on that date --------------------------------------------------- 6. Whether the pensioner/family pensioner is in receipt of any other pension, if so, its particulars and source from where being drawn --------------------------------------------------- 7. The specimen signatures taken in Column 2 should be tallied with the specimen signatures received from Accountant General, Haryana. . 8. The Pensioner’s portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disburser’s portion on personal satisfaction of pensioner’s identity. 9. If the pensioner desires to draw his/her pension from a public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank. Special Remarks of Accounts Officer 1. 2.

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3. Special Remarks of Accounts Officer 1. 2. 3.

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Part – IV (Last sanction revision of Pension/Family Pension/Dearness Relief) Amount of Pension at the time of Retirement Rs. _________ Amount of Dearness Relief at the time of Retirement ____________________ Letter No. and date

Date of effect

Amount of Revised Pension Rs.

Reason for Revision

Amount of Revised Dearness Relief Rs.

Total Monthly Pension plus Dearness Relief Payable Rs.

Remarks

Initials of designated officer

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Part – V Record of transfer of PPO from one Pension Disbursing Authority (in short PDA) to another, if any: S.No. Full

particulars of PDA at which pension is drawn before transfer

Date upto which pension has been paid

Full particulars of PDA to which PPO is transferred

Date and Signature of authorized officer of transferring PDA

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Part – VI Periodical identification of pensioner

(To be done annually). Date Initials of

designated officer

Date Initials of designated officer

Date Initials of designated officer

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Part – VII (Record of Disbursement) Month for which pension is due

Amount Date of payment

Disbursing Officer’s initials

Remarks Pension Rs.

Dearness Relief Rs.

Total Rs.

March April May June July August September October November December January February Note: Dearness relief is payable with reference to the amount of pension before commutation.

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Form Pen - 21 (See Rule 10.3)

Office of the Accountant General (A&E), Haryana

Family Pension Payment Order Part-I

Rules Applicable - Haryana Civil Services Rules, Part III – Pension Rules. FPPO No. - Case No. - Debitable to Government - HARYANA Head of Account - 2071-Pension ORBs - 01 Civil - 105 Family Pension Detail of family pension - Family Pension Family Pension (enhanced) (normal) Until further notice, on the expiry of every month, please pay to Sh./Smt. _________________________________________ S/W/H/D of Late __________________________ as set out in part-II of this order, plus the amount of dearness relief as admissible from time to time thereon after due identification of the family pensioner. The payment of family pension should commence from ______________. The enhanced family pension @ Rs.________ PM may be paid upto ______________ and thereafter normal family pension @ Rs. ___________ P.M. subject to detailed conditions given overleaf. Signature and Designation Seal of the Pension Payment Issuing Authority. To The Treasury Officer, _________________.

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Important Instructions 1. Family Pension to be paid: (i) In case of Widow/Widower: Family Pension is payable till death or remarriage, whichever is earlier. (ii) In case of son: Family Pension is payable till the age of 25 years or marriage or starts earning livelihood, whichever is earlier. (iii) In case of unmarried daughter/widowed or divorced daughter: Family Pension is payable till the age of 25 years or marriage/remarriage or starts earning livelihood, whichever is earlier. (iv) In case of Parents: Family Pension is payable till remarriage or death, whichever is earlier. (v) In case of disabled child: Family Pension is payable till death. 2. No pension shall be liable to seizure, attachment or sequestration by process of any Court in India in the instance of Creditor for any demand against the pensioner (Section II, Act XIII of 1871). 3. Payment under this order is to be made only to the pensioner in person, with the following exception: - To persons specially exempted by Government. To female unaccustomed to appear in public and to persons unable to appear on account of illness or bodily infirmity. To any person sending a Life Certificate signed by some persons exercising the powers of a Magistrate under the Criminal procedure Code, or by any Registrar or Sub-registrar appointed under the Indian Registration Act, 1908 or by a Gazetted Officer of Government. In all cases referred to in clause (a), (b) and (c) the Disbursing Officer must atleast once a year require proof independent of that furnished by the Life Certificate of the continued existence of the pensioner. The pension shall not be paid on account of a period more than a year after the date of Life Certificate last received and the Disbursing Officer must be on the watch for authentic information of the decease of any such pensioner and on receipt thereof, shall promptly stop further payment. 4. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO may please be forwarded to link branch of the Public Sector Bank.

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Part-II 1. PPO No. - 2. Name of the Government employee – 3. Post held on retirement - 4. Scale of Post - 5. Office from where retired: - 6. Residential Address: - 7. Date of birth of Government employee

Date of Appointment in service

Date of Death

8. Qualifying Service

Non Qualifying Service

9. Emoluments for Family Pension

Emoluments for DCRG Last Pay drawn

10. Amount of Family Pension at enhanced rates

Amount of family Pension at normal rates

11. Death-cum-Retirement Gratuity - (Amount to be authorized separately) 12. Amount and period of enhanced/normal family pension- (a) enhanced rate Rs. ----- from ---------------- to ------------ (b) normal rate Rs. ------ from -------------- to ------------ 13. Details of Family members eligible for family pension Sr. No. Name Relationship with

Government employee

Date of Birth/Age

Whether disabled

1. 2. 3.

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4.

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Important Instructions Dearness Relief on family pension is payable as admissible from time to time. Family Pension shall cease when no member as mentioned against Serial No. 13 of Part-II is eligible.

176

Part-III (For the Treasury Officer/Disbursing Authority) 1. Personal mark of identification ----------------------------------------------- 2. Signature/Thumb impression of Family pensioner (to be obtained at the time of first payment) -------------------------------------------------- 3. Whether the family pensioner is in receipt of any other pension, if so, its particulars and source from where being drawn --------------------------------------------------- 4. The specimen signatures taken in Column 2 should be tallied with the specimen signatures received from Accountant General, Haryana. . 5. The Pensioner’s portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disburser’s portion on personal satisfaction of pensioner’s identity. 6. If the pensioner desires to draw his/her pension from a Public Sector Bank, both halves of PPO Special Remarks of Accounts Officer 1. 2. 3. Special Remarks of Accounts Officer 1. 2. 3.

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Part – IV (Last sanction revision of Family Pension/Dearness Relief) Amount of Family Pension at the time of sanction Rs. ____________________ Amount of Dearness Relief at the time of sanction Rs. ___________________ Letter No. and date

Date of effect

*Amount of Revised Family Pension Rs.

Reason for Revision

Amount of Revised Dearness Relief Rs.

Total Monthly Family Pension plus Dearness Relief Payable Rs.

Remarks

Initials of designated officer

* Enhanced and Normal Family Pension to be shown separately.

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Part – V Record of transfer of FPPO from one Pension Disbursing Authority (in short PDA) to another, if any: S. No.

Full particulars of PDA at which family pension is drawn before transfer

Date upto which family pension has been paid

Full particulars of PDA to which FPPO is transferred

Date and Signature of authorized officer of transferring PDA

179

Part – VI Periodical identification of family pensioner

(To be done annually). Date Initials of

designated officer

Date Initials of designated officer

Date Initials of designated officer

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Part – VII (Record of Disbursement)

Month for which family pension is due

Amount Date of payment

Disbursing Officer’s initials

Remarks Family Pension Rs.

Dearness Relief Rs.

Total Rs.

March April May June July August September October November December January February

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7.18 (a) Re-employed pensioner shall be allowed to draw pay only in the prescribed scale of pay for

the post in which he is re-employed. No protection of the scale of pay of the post held by him prior to

retirement shall be given.

(b) The initial pay of the pensioner on re-employment shall be fixed by taking into consideration the

last pay drawn by him before retirement minus gross pension;

(i) if the amount so worked out corresponds to any stage in the scale of reemployed post, the pay

shall be fixed at that stage;

(ii) if there is no such stage in the scale of re-employed post, the pay shall be fixed at the stage next

above that pay;

(ii) If the maximum of the pay scale in which a pensioner is re-employed is less than the last pay

drawn before retirement, his initial pay shall be fixed at the maximum of the scale of pay of the re-

employed post minus gross pension;

(iii) if the minimum of the scale of pay in which a pensioner is re-employed is more than the last pay

drawn before retirement, his initial pay shall be fixed at the minimum of the scale of pay of the re-

employed post minus gross pension.

(c) The re-employed pensioner will in addition to pay as fixed under clause (b) above shall be

permitted to draw separately pension sanctioned to him and to retain any other form of retirement

benefits.

(d) Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above

i.e. at minimum or below minimum or at any stage of the scale, he may be allowed to draw normal

increments in the time scale of the reemployed post : provided that the pay and gross pension

taken together do not at any time exceed [Rs.24,500/-] per month.

Note : In case pay is fixed at an amount below the minimum of the scale of reemployed post, the

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increment shall be allowed at the rate prescribed immediately after minimum of the time scale. When

due to grant of increment(s) the pay exceeds the minimum of the time scale then pay shall be allowed

at the next stage.

SECTION III- RE-MPLOYMENT OF MILITARY PENSIONERS

7.19 Except where it is otherwise expressly provided, the rules in section II of this chapter do not

apply to Defence personnel i.e. commissioned officer, non-commissioned officer or soldier, who is

reemployed after he has been granted a pension under defence rules. A retiree who is in receipt of

pension from defence, if reemployed in Haryana state, shall continue to draw his pension during the

reemployment and his pay will be fixed in the manner as prescribed in Rule 7.20.

7.20 (a) The defence pensioner on his re-employment in civil shall be allowed to draw pay only in the

prescribed time scale of the reemployed post. There shall be no protection of the scale of pay of the

post held by him prior to retirement from the defence services.

(b) (i) In all cases where the pension is fully ignored, the initial pay on re-employment shall be

fixed at the minimum of the scale of pay of the re-employed post.

(ii) In cases where the entire pension is not ignored for pay fixation, the initial pay on re-

employment shall be fixed at the same stage as the last pay drawn before retirement. [If there

is no such stage in the re-employed post, the pay shall be fixed at the stage next above that

pay.] If the maximum of the pay scale in which a pensioner is re-employed is less than the last

pay drawn by him before retirement, his initial pay shall be fixed at the maximum of the scale of

pay of the re-employed post. Similarly, if the minimum of the scale of pay in which a pensioner

is re-employed is more than the last pay drawn by him before retirement, his initial pay, shall be

183

fixed at the minimum of the scale of pay of the re-employed post. However, in all these cases,

the non-ignorable part of the pension shall be reduced from the pay so fixed.

(c) The re-employed pensioner will, in addition to pay as fixed under clause (b) above shall be

permitted to draw separately any pension sanctioned to him and to retain any other form of retirement

benefits.

(d) In the case of persons retiring before attaining the age of 55 years and who are re-employed,

pension shall be ignored for initial pay fixation to the following extent: -

(i) In the case of Ex-servicemen who held posts below Commissioned Officer rank in the Defence

Forces at the time of their retirement, the entire pension shall be ignored.

(ii) In the case of Commissioned officers belonging to the Defence Forces at the time of their

retirement, the first Rs.1500 of the gross pension shall be ignored.

(e) Once the initial pay of a re-employed pensioner has been fixed in the manner indicated above, he

may be allowed to draw normal increment(s) in the time-scale of the post to which he is appointed as

if the pay had been fixed at the minimum or the higher stage, as the case may be (i.e. before an

adjustment on account of pension), provided that the pay and gross pension taken together do not at

any time exceed Rs. 24,500 per month.

Note-2 Wound or extraordinary pension should be reduced or terminated only in virtue of the

conditions of its award and should not be affected by the Pensioner's re-employment in the

Government service.

1

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART IV – Provident Fund Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of

the powers conferred by the proviso to Article 309 of the Constitution of India, as

under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from the

partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time, till

date before the updation in the present form, and these rules have been brought out in

VIII parts, as detailed above, for the sake of convenience and facility for easy handling

of the books to the readers.

3

4. These rules will apply to Government employees belonging to the categories

mentioned in rule 1.2 of Part I – General Rules of these rules from the date of issue of

this publication.

5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana

Government. However, they will be governed by the rules issued by the President of

India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a separate

new series “GR, LR and PF” (abbreviation for General Rules, Leave Rules, Provident

Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing rules

contained in Haryana Civil Services Rules, Part I to VI and the Chief Secretary,

General Administration Department is the competent rule making authority for Part VII

- Government Employees Conduct Rules and Part VIII - Punishment and Appeal

Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-

writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules,

are requested to bring them to the notice of their Head of Departments, who will

please submit their proposals to the Finance Department, through the Administrative

Department concerned for Part I to VI and to the Chief Secretary, General

Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

5

Haryana Civil Services Rules Part IV – Provident Fund Rules

Short title

and

commence

ment.

1. (1) These rules may be called The Haryana General Provident

Fund Rules, 2012.

(2) These rules have been issued by the Governor of Haryana under

proviso to Article 309 of the Constitution of India.

(3) They shall come into force on the date of their publication in the

official Gazette.

Application

and effect

of rules.

2. (1) Except as otherwise provided, these rules shall apply to all the

categories of Government employees who are under the administrative

control of the Haryana Government and whose pay is debitable to the

Consolidated Fund of the State of Haryana, namely :-

(i) members of State Service, Group A to D;

(ii) members of State Service belonging to Haryana Public Service

Commission and Haryana Legislative Assembly:

Provided that the General Provident Fund Rules shall not apply to

the Government employees, who are appointed to the posts

mentioned in category 1 to 5 of rule 1.2 of Part I – General Rules

on or after 1st day of January, 2006.

(iii) any other Government employee or class of Government

employees to whom the competent authority may by general or

special order, make these rules applicable.

(2) These rules shall not apply to the following categories :-

(i) employees working on contract basis;

(ii) employees working on ad-hoc basis;

(iii) work-charged employees;

(iv) daily wages employees;

(v) employees working as apprentices;

(vi) any other category of Government employee to whom the

competent authority may by general or special order, direct that

these rules shall not apply to them.

6

(3) Nothing in these rules shall be deemed to have the effect of

terminating the existence of the General Provident Fund as heretofore, or

of constituting any new fund.

Definitions.

3. (1) The term defined in Chapter 2 of Haryana Civil Services Rules,

Part ! – General Rules, unless there is anything repugnant in the subject

of context, have the same meaning and implications when used in this

part. However, the following term shall be used in these rules in the

sense here explained: -

(i) “Child” means a legitimate child and includes an adopted child,

where adoption is recognized by the personal law governing

the subscriber or a ward under the Guardians and Wards Act,

1890. In a case in which a person has given a child in

adoption to another person and if, under the personal law of

the adopter, adoption is legally recognized as conferring the

status of a natural child, such a child should, for the purpose

of these rules, be considered as excluded from the family of

the natural father;

(ii) “competent authority” in relation to the exercise of any power

under these rules means the Administrative Department

concerned of Government acting in consultation with the

Finance Department or any other authority to which such

powers may be delegated by or under these rules. A list of

such authorities is given in Annexure-I;

(iii) “dependent” means any of the relatives of a subscriber in a

fund, namely, a wife, husband, parent, child, minor brother,

unmarried sister and a deceased son’s widow and child and

where no parent of subscriber is alive then paternal grand-

parent;

(iv) “family” means,-

(a) in the case of a male subscriber, the wife, children,

widow and children of a deceased son(s) of the subscriber

and also includes parents, unmarried sisters and minor

7

brothers of an unmarried subscriber:

Provided that if a subscriber proves that his wife has

been judicially separated from him or has ceased under

the customary law of the community to which she belongs

to be entitled to maintenance, she shall henceforth be

deemed to be no longer a member of the subscriber’s

family in matter to which these rules relate, unless the

subscriber subsequently intimates by express notice in

writing to the Accountant General that she shall continue to

be so regarded;

(b) In the case of a female subscriber, the husband and the

children of a subscriber, widow and children of a deceased

son of a subscriber and also includes parents, unmarried

sisters and minor brothers of an unmarried subscriber:

Provided that if a subscriber by notice in writing to

the Accountant General expresses her desire to exclude

her husband from her family, the husband shall henceforth

be deemed to be no longer a member of the subscriber’s

family in matters to which these rules relate, unless the

subscriber subsequently cancels by express notice in

writing to the Accountant General through her Head of

Office.

(v) “Fund” means “The General Provident Fund of Haryana

Government employees.”

(vi) “nominee” means the person(s) conferred upon the right to

receive the amount at credit in the account of the subscriber

after his death.

(vii) “quitting service” means and includes retirement,

dismissal, removal, resignation, retrenchment from service,

disappearance, death and absorption to bodies under the

control of Central/ State Government(s).

(viii) “subscriber” means the member of the Fund.

(ix) “Year” means a financial year i.e. commencing on 1st April of

8

any year and ending on 31st March of the succeeding year.

(2) Words and expressions used in these rules but not defined hereto

shall have the same meaning as assigned to them respectively in the

Provident Funds Act, 1925 (Act XIX of 1925), as reproduced in Appendix A.

Constitutio

n of the

fund.

4. (1) The fund shall be maintained in India in rupees.

(2) All sums paid into the Fund under these rules shall be

credited in the books of Government to an account named “The General

Provident Fund of Haryana Government employees”. Sums of which

payment has not been taken within six months after they become

payable under these rules shall be transferred to “Deposits” at the end

of the year and treated under the ordinary rules relating to deposits.

Conditions

of

eligibility.

5. (1) All temporary Government employees (including all

probationers and all re-employed pensioners) and all permanent

Government employees shall subscribe to the Fund. Probationers shall

be treated as temporary Government employees for the purpose of this

rule. They shall subscribe to the fund immediately on joining service after

obtaining General Provident Fund account number. The subscription

shall commence from the month following the month during which the

General Provident Fund account number is received in the office. A

subscriber, who is re-employed without break other than on contract

basis shall continue to subscribe to his existing Fund account

immediately after re-employment.

(2) In the case of an employee appointed on transfer or

otherwise to a post under Haryana Government from service of another

State Government or from the Central Government shall subscribe to the

Fund on joining the post in the Haryana Government after obtaining the

General Provident Fund account number. The amount already standing

to his credit in the previous employment may be transferred to the new

General Provident Fund account number by his previous employer with

9

the written consent of the employee concerned.

(3) In the case of an employee appointed on transfer or otherwise to

a post under Haryana Government from service of Boards and

Corporations controlled by Haryana/other State Government or Central

Government shall subscribe to the Fund on joining the post in the

Haryana Government after obtaining the General Provident Fund account

number. The amount already standing to his credit in the previous

employment may be transferred to the new General Provident Fund

account number by his previous employer with the written consent of the

employee concerned.

(4) In the case of an employee of Haryana Government is

transferred/absorbed to a post under Central Government, any other

State Government or Boards and Corporations controlled by them, the

amount already standing to his credit in the General Provident Fund

Account of Haryana State may be transferred to the new employer with

the consent of the new employer and employee concerned.

(5) In the case of an employee of Haryana Government is absorbed

to a post under Boards and Corporations controlled by Haryana State,

the amount standing to his credit in the General Provident Fund account

of Haryana State shall be transferred to the concerned Board and

Corporation with the consent of the new employer and employee

concerned.

Allotment

of General

Provident

Fund

account

number.

6. (1) Every Government employee on joining in the Haryana State shall

require to submit an application for admission to General Provident Fund

in triplicate in the prescribed application Form PF No. 1.

(2) The application form as mentioned in sub –rule (1) shall

accompany the nomination form in triplicate in Form PF No.2.

10

(3) The Head of Office shall forward the application along with

nomination form in duplicate to the Accountant General for allotment of

General Provident Fund account number and acceptance of nomination.

(4) The Accountant General shall allot the General Provident Fund

ccount number and also return the second copy of application form

dicating General Provident Fund account number thereon along with

omination form duly accepted to the Head of Office.

(5) The Head of Office, on receipt of the General Provident Fund

ccount number shall record the same on the first page of the employee’s

ervice book. Necessary entry of contents of nomination shall also be

corded in the service book.

Nomination 7. (1) A subscriber shall, at the time of joining the Fund, send to the

Accountant General through the Head of Office, a nomination conferring

on one or more persons the right to receive the amount that may stand to

his credit in the Fund, in the event of his death, before that amount has

become payable or having become payable, has not been paid:

Provided that if, at the time of making the nomination, the subscriber

has a family, the nomination shall not be in favour of any person or

persons other than the members of his family;

Provided further that a nomination made by a Muhammadan

subscriber in favour of his adopted child should not be accepted, as

adoption is not recognized in Muhammadan Law.

(2) If a subscriber nominates more than one person under sub-rule

(1), he shall specify in the nomination the share payable to each of the

nominee in such manner as to cover the whole of the amount that may

stand to his credit in the Fund at any time;

(3) Every nomination shall be made in Form PF No. 2.

11

(4) A subscriber may at any time cancel/revise a nomination by

sending a notice in writing to the Accountant General, through Head of

Office, keeping in view the conditions mentioned in sub-rule (1) above.

The subscriber shall, along with such notice or separately, send a fresh

nomination, through Head of Office, in accordance with the provisions of

this rule. If the subscriber fails to furnish a fresh nomination and the

General Provident Fund deposit becomes payable as a result of death of

the subscriber, the payment shall be made in accordance with the rules

of the Fund as if no valid nomination subsists.

(5) A subscriber may provide in a nomination -

(a) in respect of any specified nominee, that in the event of his

predeceasing the subscriber, the right conferred upon that

nominee shall pass on to such other person or persons as

may be specified in the nomination provided that such other

person or persons shall, if the subscriber has other members

of his family, be such other member or members. Where the

subscriber confers such a right on more than one person

under this sub-rule, he shall specify the amount or share

payable to each of such persons in such a manner as to cover

the whole of the amount payable to the nominee.

(b) that the nomination shall become invalid in the event of the

happening of a contingency specified therein:

Provided that if at the time of making the nomination the

subscriber has no family, he shall provide in the nomination

that it shall become invalid in the event of his subsequently

acquiring a family:

Provided further that if at the time of making the nomination

the subscriber has only one member of the family, he shall

provide in the nomination that the right conferred upon the

12

alternate nominee under clause (a) shall become invalid in the

event of his subsequently acquiring other member or

members in his family.

(6) Immediately on the death of a nominee in respect of whom no

special provision has been made in the nomination under clause (a) of

sub-rule (5) or on the occurrence of any event by reason of which the

nomination becomes invalid in pursuance of clause (b) of sub-rule (5) or

the proviso thereto, the subscriber shall send to the Accountant General

through his Head of Office, a notice in writing canceling the nomination

together with a fresh nomination made in accordance with the provision

of this rule.

(7) Every nomination made, and every notice of cancellation given

by a subscriber shall, to the extent that it is valid, takes effect on the date

on which it is received by the Head of Office.

(8) Nomination made while in service can be revised even after

retirement by the subscriber so long as the amount remains unpaid:

Provided that the revised nomination is made in accordance with

the provisions of the relevant rules.

(9) Nominee facing trial for the murder of the subscriber may be

denied payment till the decision of the court. If on the conclusion of the

criminal proceedings, the person concerned is acquitted of the charge of

murdering or abetting in the murder of the subscriber, his share shall be

paid to him. If the nominee is convicted for the murder or abetting in the

murder of the subscriber, he shall stand debarred from receiving his

share which shall be payable to other nominees or eligible members of

the family or legal heir(s) of the subscriber, as per provisions of these

rules.

(10) The payment of Fund money in accordance with the nomination

earns a valid discharge for the Government but if any court of law

13

decrees that payment should be made to persons other than the

nominee(s), before actual payment has been made to the nominee(s),

the orders of the court shall be complied with.

(11) If a subscriber dies having no family member and valid

nomination then the payment shall be made to the claimant on production

of succession certificate from the court of law.

Subscriber’

s account.

8. An account shall be opened in the name of each subscriber in the

office of the Accountant General, in which it shall be shown–

(i) his subscriptions;

(ii) interest, as provided by rule-12, on subscriptions;

(iii) advances and withdrawals from the Fund; and

(iv) recoveries of advances.

Conditions

of

subscriptio

n.

9. (1) A subscriber shall subscribe monthly to the Fund except during

the period of suspension:

Provided that a subscriber may, at his option, not subscribe

during leave which either does not carry any leave salary or carries leave

salary equal to or less than half pay:

Provided further that a subscriber on reinstatement with full pay

and allowances after a period passed under suspension shall be required

to pay the arrear of subscription in one instalment from his arrears.

(2) The subscriber shall intimate to his Head of Office regarding

his election not to subscribe during the leave referred to in the first

proviso of sub- rule (1). Failure to make due and timely intimation shall be

deemed to constitute an election to subscribe.

14

(3) The option of a subscriber intimated under sub-rule (2) above

shall be final.

(4) When a subscriber is transferred to foreign service or sent on

deputation within India or out of India, he shall remain subject to the rules

of the Fund in the same manner as if he were not so transferred or sent

on deputation.

(5) If any subscriber, who is transferred from one establishment to

another establishment within the State he shall continue to subscribe to

the same General Provident Fund account number.

(6) The subscription to Fund shall be stopped six months prior to

retirement on superannuation.

Rates of

subscriptio

n.

10. (1) The amount of subscription shall be fixed each year by the

subscriber himself, subject to the following conditions: -

(a) it shall be expressed in whole rupees;

(b) it may be any sum, so expressed not less than 8% of his pay,

leave salary equal to full pay and not more than his pay, leave

salary equal to full pay.

(2) The subscription as mentioned in sub-rule (1) will be fixed by the

subscriber and intimated to the Head of Office by taking into

consideration the following conditions:–

(a) in the case of a subscriber who was in Government service on

the 31st March of the preceding year, the pay, leave salary

equal to full pay on that day;

(b) if the subscriber was on leave other than on full pay on the

said date and elected not to subscribe during such leave or

was under suspension on the said date, his pay shall be the

15

pay to which he was entitled on the first day after his return to

duty;

(c) if the subscriber was on deputation out of India on the said

date, his pay shall be the pay to which he would have been

entitled had he been on duty in India;

(d) if the subscriber who was not in Government service on the

31st March of the preceding year, the pay to which he is

entitled on the day he joins the Fund;

(e) if the subscriber joined the Fund for the first time, his pay shall

be the pay to which he was entitled on the date of joining the

Fund;

(f) if the subscriber was on foreign service on the 31st March of

the preceding year, by the amount credited by him into the

treasury on account of subscription for the month of April in the

current year.

(3) The amount of subscription so fixed shall not be varied due to

increase or decrease in pay during the financial year subject to the

condition that the subscriber will be at liberty to -

(a) reduce the subscription once at any time during the course of

the year;

(b) enhance the subscription twice during the course of the year:

Provided that when the amount of subscription is increased, it

shall not be more than the pay or leave salary on full pay and when it is

reduced, it shall not be less than the minimum subscription prescribed in

sub-rule (1).

(4) If the subscriber is on duty for part of a month and on leave other

than on full pay for the remainder of that month then the subscription

shall not be made for that month.

16

(5) If a subscriber dies during the course of a month, no

subscription shall be made for that month.

Realisation

of

subscriptio

n.

11. (1) When pay of the subscriber is drawn from a Government treasury

in India, recovery of subscription shall be made from his pay bills.

(2) In the case of a subscriber on foreign service to a body corporate,

owned or controlled by Central or State Government, the subscription

shall be recovered and forwarded to the Accountant General by such

body through Demand Draft or Treasury Challan.

Interest. 12. (1) Subject to the provisions of sub-rule (6), Government shall pay to

the credit of the account of a subscriber interest at such rate as may be

determined for each year according to the method prescribed from time

to time by the Government.

(2) Interest shall be credited with effect from the last day in each year

in the following manner:-

(i) on the amount at the credit of a subscriber on the last day of

the preceding year, less any sums withdrawn during the

current year plus interest for twelve months;

(ii) on sums withdrawn during the current year plus interest from

the beginning of the current year upto the last day of the

month preceding the month of withdrawal;

(iii) on all sums credited to subscriber‘s account after the last day

of the preceding year plus interest from the date of deposit up

to the end of the current year;

(iv) the total amount of interest shall be rounded to the nearest

whole rupees, 50 paise counting as the next higher rupee.

17

An illustration in this regard is given at Annexure II for ready

reference.

(3) When the amount standing at the credit of subscriber has become

payable, interest shall thereupon be credited under sub-rule (2) from the

beginning of the current year upto the date on which the amount standing

at the credit of the subscriber became payable.

(4) The date of deposit shall, in the case of a recovery from pay, be

deemed to be the first day of the month in which it is recovered and in the

case of an amount forwarded by the subscriber/borrowing agency shall

be deemed to be the first day of the month of receipt, if it is deposited in

the Treasury or received by the Accountant General upto the tenth day of

that month, but if it is received after the tenth day of that month then the

first day of the succeeding month:

Provided that when the amount standing to the credit of a subscriber

has become payable, interest shall thereupon be credited under this rule

in respect only of the period from the beginning of the current year or

from the date of deposit, as the case may be, up to the date on which the

amount standing to the credit of the subscriber became payable:

Provided further that in the case of an amount forwarded to the

Accountant General of a subscriber on deputation by such body, the date

of deposit shall be deemed to be the first day of the month, if it is

received by the Accountant General before the 10th of that month:

Provided further that where the pay for a month is drawn and

disbursed on the last working day of the same month, the date of deposit

shall, in the case of recovery of his subscription, be deemed to be the

first day of the succeeding month.

Provided further that the lump sum subscription recovered from a

subscriber on his reinstatement with full pay and allowances, after a

18

period passed under suspension, will be treated the subscription of the

month in which it has been deposited in Treasury.

(5) Payment of interest on the fund balance upto the period of six

months after the month of quitting service may be made by the

Accountant General. For this purpose the period of six months should be

counted after excluding the immediately succeeding month i.e. to say,

when a subscriber’s last day of quitting service is in the month of May,

the period of six months should be computed from July to December and

not from June to November. The interest shall be allowed upto the

preceding month if the authority is issued upto 15th of the month and the

interest shall also be payable for that month in case the authority is

issued after 15th and the same shall be made payable on or after the first

of the succeeding month. The interest beyond a period of six months

shall be authorized as under: -

(a) The Administrative Department upto a period of two years after

fully satisfying that the delay in payment was occasioned by

the circumstances beyond the control of the subscriber or the

person to whom such payment was to be made and in every

such case the administrative delay involved in the matter shall

be fully investigated by an officer not below the rank of Group

A and action, if any required, be taken.

(b) The Finance Department upto any period after fully satisfying

that the delay in payment was occasioned by the

circumstances beyond the control of the subscriber or the

person to whom such payment was to be made and in every

such case the administrative delay involved in the matter shall

be fully investigated by an officer not below the rank of Group

A and action, if any required, be taken.

(c) However, if a Court orders that the interest be paid to the

subscriber for the delayed period of payment and the court

19

orders have attained finality or it has been opined by the

competent legal authority that the case is not fit for appeal, the

payment of interest may, after recording the reasons in writing,

be made to the subscriber and action, if any required, taken as

per clauses (a) and (b) of this sub-rule to avoid further

accumulation and payment of interest:

(6) Interest shall not be credited to the account of a subscriber if he

informs the Accountant General through his Head of Office 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.

(7) In case a subscriber is found to have drawn from the Fund an

amount in excess of the amount standing to his credit on the date of the

drawal, the overdrawn amount, irrespective of whether the over drawal

occurred in the course of an advance or a withdrawal or the final payment

from the Fund, shall be repaid by him with interest thereon in lump sum

and in default, be ordered to be recovered, by deduction in lump sum,

from the pay of the subscriber. If the total amount to be recovered is

more than half of the subscriber’s pay, recoveries shall be made in

monthly instalments not exceeding 1/3rd of his pay till the entire amount

together with interest is recovered. The overdrawn amount along with

interest in the case of final payment shall be recovered from the pending

dues of the employee, gratuity or leave encashment, if unpaid, otherwise

consent of the retiree may be obtained for recovery from his pension. If

the consent is not given by the retiree then recovery shall be effected

through the court of law, if necessary. The rate of interest to be charged

for this sub-rule on overdrawn amount would be 2½% over and above the

normal rate of interest admissible on General Provident Fund amount for

the relevant year(s). The interest realized on the overdrawn amount shall

be credited to Government account, under distinct sub-head “Interest on

over drawals from Fund” under the Head “0049-Interest Receipt of State

Government-800-other Receipts.” Besides responsibility should be fixed

20

and action taken against the erring officials certifying excess amount in

General Provident Fund subscription etc. However, if the General

Provident Fund statement issued by the Accountant General shows

excess amount in the credit of the Government employee, the matter

may be brought to the notice of Accountant General by concerned

department .

(8) When a subscriber is dismissed/removed from the service of

Government but has appealed against his dismissal / removal, the

balance at his credit in the Fund shall not be paid to him until final orders

confirming the decision are passed on his appeal. Interest shall, however,

be paid upto the preceding month in which such orders have been

passed but the date of quitting the service shall be reckoned, the day on

which the final orders are passed.

(9) No interest shall be allowed on the amount recovered on account

of the subscriptions to the Fund in excess of the maximum limit

prescribed in these rules.

(10) In respect of persons found absconding/disappearing leaving the

family, the family may be paid interest upto six months succeeding the

month in which a report has been obtained by the family from the Police

Department that the employee has not been traced after all efforts made

by the Police:

Provided that the family/nominee submits application in the

prescribed form for final payment of General Provident Fund amount

within one month from the date of receipt of the said report from the

Police Department. If the family/nominee does not submit the application

within one month or submit incomplete application in any respect then the

family/nominee shall not be entitled to the interest for the delayed period

(the fraction of a month shall be construed as full month) of submission of

application for final payment.

(11) When a subscriber retires on the last day of a month, the

21

period of six months should be counted after excluding the immediately

succeeding month, i.e. to say, for instance, when a subscriber’s last day

of service is the 31st of May, the period of six month should be computed

from July to December and not from June to November.

(12) In the case of subscriber, who dies in the forenoon on the last

day of a month before retirement, he should be deemed to have quit the

service the following day as according to financial rules the pay and

allowance can be drawn for the day of the Government employee’s death

even though he may have died in the forenoon of that day. Therefore, in

all such cases the period of six months should be reckoned from the

second month following the month in which the subscriber dies:

Provided that the family/nominee submits application in the

prescribed form for final payment of General Provident Fund amount

within one month from the date of the death of the Government

employee. If the family/nominee does not submit the application within

one month or submit incomplete application in any respect then the

family/nominee shall not be entitled to the interest for the delayed period

(the fraction of a month shall be construed as full month) of submission of

application for final payment.

(13) In case of quitting service, the final General Provident Fund

balance of the subscriber along with interest is to be paid in accordance

with the provisions of sub-rule (5) of this rule but the subscriber shall

have to apply for final payment in the prescribed form within one month of

quitting service. The final payment shall be made to the subscriber within

two months from the date of submission of application complete in all

respect to the Accountant General and the interest shall be admissible

upto the preceding month in which the final payment is made. If the

subscriber does not submit the application within one month from the

date of quitting service or submit incomplete application then he will not

be entitled to the interest for the delayed period (the fraction of month

shall be construed as full month) of submission of application for final

payment.

(14) In case of retirement on superannuation or other than on

22

superannuation, the final General Provident Fund balance of the

subscriber is to be paid in accordance with the provisions of sub-rule (5)

of this rule but the subscriber shall have to apply for the final payment in

the prescribed form within one month from the date of retirement. The

final payment shall be made to the subscriber within two months from the

date of submission of application complete in all respect to the

Accountant General and the interest shall be admissible upto the

preceding month in which the final payment is made. If the subscriber

does not submit the application within one month from the date of

retirement or submit incomplete application in any respect then he will not

be entitled to the interest for the delayed period (the fraction of month

shall be construed as full month) of submission of application for final

payment. These provisions will also apply to the subscriber retiring on

superannuation, who applies for the final payment after the date of

retirement.

General

principles

for the

grant of

advance.

13. (1) The Fund is designed solely for the protection of a subscriber’s

family against his sudden death, or, if he survives until retirement, to

provide both him and the family with additional resources in old age.

Anything, which interferes with a subscriber’s normal accumulations,

detracts from these purposes and tends to defeat the true object of the

fund. Rule 15 merely permits an advance and wholly exceptional

departure from the real purposes of the scheme, and unless it is strictly

interpretted, there is a danger that subscribers will come to regard the

Fund as an ordinary banking account, the existence of which absolves

them from the necessity of providing for the normal incidents of life with

the prudence which a private individual would exercise. The inevitable

result, if this tendency is countenanced, will be to discourage thrift, and to

leave the subscriber with a depleted account at the time when it ought to

be most helpful to him or his family. Sanctioning authorities ought,

therefore, to have no hesitation in resisting any attempt to use the Fund

as a cheap loan account, and in enforcing the altogether exceptional

character of rule 15 as a provision to meet urgent needs which would not

23

ordinarily have been anticipated. Every prudent married man, for

example, should be prepared to meet a certain demand upon his

resources on account of doctor’s bills, and it is only when the burden is

exceptionally prolonged, or the necessity usually grave and sudden, that

he ought to think of making use of the Fund for this object.

(2) For the same reasons, a careful scrutiny should be applied to

requests for advance on account of betrothal, marriage or funeral

expenses. Even where ceremonial expenditure is by religious custom

obligatory, its extent should nevertheless be limited by the resources of

the family, and no subscriber should be enabled to enhance such

expenditure on the strength of deposits in the fund. An advance from the

Fund can legitimately be made for obligatory ceremonial expenditure

where no other resources exist but not in order to raise such expenditure

to a more pretentious scale.

(3) All sanctioning authorities, while sanctioning advance from Fund

shall take into consideration the date of retirement of subscriber and fix

the number of instalments, in such a manner that it is possible to recover

the entire amount of the advance before six months of actual retirement.

No advance shall be sanctioned in the remaining period of six months of

retirement.

Drawal

from fund.

14. Drawal from Fund may be admissible in the shape of advances,

withdrawals and final payment explained as under: -

(i) “advance” means the amount sanctioned to a subscriber as a

refundable advance for any of the purposes mentioned in rule 15

and as per conditions mentioned in rule 16 and the amount so

advanced to be refunded in monthly instalments as fixed by the

sanctioning authority.

(ii) “withdrawal” means the amount sanctioned to a subscriber as

non-refundable advance for any of the purposes mentioned in

rule 18 and as per conditions mentioned in rule 19 to rule 23. The

24

amount so sanctioned is not required to be refunded by the

subscriber.

(iii) “final payment” means the amount finally payable to a

subscriber as a final settlement of accumulations standing in the

accounts of the subscriber as mentioned in rule 24 i.e. on quitting

service, on retirement or on death while in service or

disappearance.

Purposes

for grant of

advance.

15. The Head of Office is appropriate sanctioning authority as shown in

Annexure I to sanction the advance for the following purposes :-

(1) to pay expenses in connection with the illness, confinement or a

disability, including where necessary, the travelling expenses of

the subscriber and members of his family or any person actually

dependent on him;

(2) to meet the cost of higher education including where necessary,

the travelling expenses of the subscriber and member of his

family or any person actually dependent on him in the following

cases:-

(a) for education outside India for academic, technical,

professional or vocational course beyond the High School

stage; and

(b) for any medical, engineering or other technical or specialized

course in India beyond the High School stage, provided that

the course of study is not less than two years;

(c) for attending coaching courses conducted by Government or

by an approved institute for entry into professional courses,

administrative or defence services in Government of India or

in any State Government.

25

(3) to pay obligatory expenses on a scale appropriate to the

subscriber’s status which by customary usage, the subscriber has

to incur once in life in connection with betrothal, marriages,

funerals or other ceremonies of the members of his family or any

person actually dependent on him. The marriage also includes

self marriage of the subscriber. The advance shall also be

admissible for personal religious ceremonies performed

occasionally such as Jagran, Akhand paath, Ramayana Paath,

Birthday and Marriage anniversary etc.

(4) to meet the cost of legal proceedings instituted by or against the

subscriber, any member of his family or any person actually

dependent on him;

(5) to meet the cost of the subscriber’s defence where he engages a

legal practitioner to defend himself in an enquiry in respect of any

alleged official misconduct on his part;

(6) to purchase house-hold items such as television, video cassette

recorder / video cassette player, washing machines, cooking

range, geysers, solar heater, solar energy generation set,

invertors, laptop and computers etc.

Conditions

for

sanction of

advance.

16. (1) The subscriber may be sanctioned an amount not exceeding six

months pay or 50% of credit in the Fund, whichever is less, for the

purposes mentioned at sub-rule (1) to (5) and six months of pay or 50%

of credit in the Fund or actual cost of items, whichever is least, for the

purpose mentioned at sub-rule (6) of rule 15.

(2) The subscriber shall be sanctioned only one advance at a time,

from the Fund, for any of the purposes as given in rule 15.

(3) In case the first advance has not been availed of to the extent of

permissible limits, the second advance may be granted after the expiry of

26

a period of six months from the date of withdrawal of first advance by the

same sanctioning authority to the extent of difference of amount of

admissibility and sanction of first advance.

(4) Further advance shall not be granted unless and until repayment

of the last instalment of any previous advance is effected.

(5) All persons on deputation/foreign service from or to State

Government Departments shall continue to be governed by the rules of

their respective parent department during the period of deputation.

Therefore, the respective parent department will be the sanctioning

authority for the grant of advance under this rule.

(6) The advance shall not be admissible to the subscriber

simultaneously for the same purpose for which he has obtained

withdrawal under rule 18.

(7) The subscriber may be granted advance from the Fund even after

incurring of expenditure, if he applies for grant of advance within a

reasonable time of three months.

(8) The advance may be sanctioned to a Government employee

under suspension or on extraordinary leave. The admissibility of amount

of advance shall be calculated on the basis of pay, the Government

employee was drawing immediately before suspension/extraordinary

leave.

(9) The advance for education purpose will be admissible to

the subscriber for approved institutions or institutions run by the State

Government including Government of India or any other State

Government/Union Territory for approved courses as mentioned in

Annexure III.

(10) The advance shall not be sanctioned for the marriage of

child/children before their attaining the age of 21 years in the case of son

27

and 18 years in the case of daughter or any other female dependent.

(11) The advance shall not be sanctioned to the subscriber for the

purpose mentioned in sub- rule (4) of rule 15, who institutes legal

proceeding against the Government in any court of law.

(12) The subscriber, who has submitted the application for final

withdrawal and the same has been forwarded to Accountant General and

further applies for any advance from the Fund for the purposes

mentioned in sub-rules (1) to (6) of rule 15, shall be sanctioned advance

only on receipt of prior concurrence from the Accountant General, who

will arrange the same, as soon as possible.

(13) The subscriber shall utilize the advance within one month and

also submit the utilization certificate accordingly. In case of non-

submission of utilization certificate or misutilization of advance, action

shall be taken as per provisions of rule 26.

(14) The advance in the case of Head of Office shall be sanctioned

by the next higher authority.

Recovery

of advance

(s).

17. (1) An advance shall be recovered from the subscriber in such

number of equal monthly instalments as the sanctioning authority may

direct, but such number shall not be less than twelve and more than

thirty-six. However the subscriber may opt for recovery of advance in

less than twelve instalment. The sanctioning authority may fix the

number of instalment in such a manner that the advance is fully

recovered six months prior to the date of retirement of the subscriber.

(2) Recovery shall commence from the month following the month

in which the advance was drawn and the same will be credited in the

subscriber’s account. The subscriber may at his option repay more than

one instalment in a month.

(3) Recovery shall not be made except with the subscriber’s written

28

consent while he is in receipt of subsistence allowance. However, the

same may be recovered in lump sum from his arrears on his

reinstatement, if he is paid full pay and allowances.

(4) The recovery shall not be made from the subscriber, if he is on

leave which either does not carry any leave salary or carries leave salary

equal to or less than half pay. However, the recoveries can be made with

the consent of the subscriber.

(5) If the second advance has been granted to a subscriber under

sub-rule (3) of rule 16, the same should be treated separately for the

purpose of recovery.

Purposes

for

withdrawal.

18. Except as otherwise provided, the Head of Department is the

appropriate sanctioning authority to sanction the withdrawal for the

following purposes: -

(1) for building or acquiring a suitable house or built-up flat for

the residence of the subscriber including the cost of the site

or any payment towards allotment of a plot or flat by Housing

Board, a House Building Society and any Development

Agency approved by the State Government or Government

of India or any other State Government/Union Territory ;

(2) for acquiring a built-up house/flat for residential purposes

from open market through authorized agents;

(3) for repaying an outstanding amount on account of loan

expressly taken for building or acquiring a suitable house or

built-up flat for the residence of the subscriber ;

(4) for purchasing a house-site for building a house thereon for

the residence of the subscriber or repaying any outstanding

amount on account of loan expressly taken by the subscriber

for this purpose;

(5) for reconstructing or making additions or alterations to a

house or a flat already owned or acquired by a subscriber ;

(6) for renovating, additions or alterations or upkeep of the

29

ancestral house or a house built with the assistance or loan

from Government ;

(7) for acquiring or building commercial/industrial establishment

or establishing business for settlement of unemployed

children ;

(8) for meeting the cost of higher education of any child of the

subscriber ;

(9) for meeting the expenditure in connection with the marriage

of the subscriber’s daughter(s) or any other female relation

actually dependent on the subscriber ;

(10) for meeting the expenditure in connection with the marriage

of subscriber’s son(s);

(11) for meeting the expenditure in connection with self marriage

of subscriber;

(12) for purchase motor vehicle(s) i.e. motor car and motor cycle

or scooter or moped ;

(13) 90% withdrawal within one year before retirement on

superannuation.

Note.- The subscriber, who has submitted the application for final

withdrawal and the same has been forwarded to Accountant General and

further applies for any withdrawal from the Fund for the purposes

mentioned in sub-rules (1) to (13), shall be sanctioned withdrawal only on

receipt of prior concurrence from the Accountant General, who will

arrange the same, as soon as possible.

Conditions

for

withdrawal

for house

building.

19. (1) The application complete in all respects shall be submitted to the

Head of Department keeping in view the conditions prescribed against

each withdrawal from the Fund for the purposes mentioned in sub-rules

(1) to (7) of rule 18. However, only one withdrawal shall be allowed for

the same purpose during entire service career. The objects as mentioned

in sub-rules (1) to (4) of rule 18 shall be treated as the same purpose for

which withdrawal can be allowed upto 90% at the credit of subscriber or

actual cost including registration charges, whichever is less, after

30

completion of five years of regular service.

(2) While forwarding the proposal for sanctioning withdrawal from

the Fund for any of the purposes mentioned in sub-rules (1) to (7) of rule

18, it shall be ensured that -

(i) the subscriber has completed five years of regular service;

(ii) the permanent advance has been applied for the construction

of a house on a plot of land already owned or acquired, the

subscriber has undisputed title of ownership individually or

jointly with his/her wife/husband to the land on which the

house is to be constructed; or if the plot on which the house is

to be constructed, is on lease, the terms of lease should be

such as may entitle him/her to the grant of house building

advance;

(iii) in case of purchase of built up house from the open market, it

should be free from all encumbrances;

(iv) if the withdrawal has been applied for: -

(a) making additions and alterations to a house already owned

or acquired; or

(b) repaying any outstanding amount of loan expressly taken

for the purchase or reconstruction of a house or making

additions and alterations to a house already owned or

acquired, the subscriber has undisputed title to the land

and/or house already owned or acquired, as the case may

be, either individually or jointly with his/her wife/husband;

(v) where a subscriber has to pay in instalments for a site or a

house or flat purchased, or a flat constructed through the

Development Authorities, State Housing Board or a house

building society approved by the State, he shall be permitted

to make a withdrawal as and when he is called upon to make

a payment in any number of instalments subject to the

conditions that the total amount of the advance does not

exceed 90% of the amount standing to the credit of the

31

subscriber in the Fund at the time of sanction of first

instalment;

(vi) if the house is to be constructed/reconstructed within the

municipal limits of a city/town or any urban estate, the

subscriber should also be required to produce attested copies

of site plan along with estimates duly certified by architect(s)

and if house is to be built in rural areas, the revenue authority

will certify that the subscriber has undisputed title to the

land/property and the same falls within ‘Lal Dora’ of the

village. However, the subscriber will give the estimates along

with site-plan duly certified by architect or approved building

contractor or civil engineer ;

(vii) a subscriber who has been permitted to withdraw money

from the Fund, shall satisfy the sanctioning authority within a

period of six months from the date of withdrawal that the

money has been utilized for the purpose for which it was

withdrawn and if he fails to do so, the whole of the sum so

withdrawn shall forthwith be repaid in lump sum and in default

of such refund, it shall be ordered by the sanctioning authority

to recover the same from his pay either in lump sum or in such

number of monthly instalments, as may be determined by the

sanctioning authority:

Provided that before repayment of a withdrawal is

enforced under this sub-rule, the subscriber shall be given an

opportunity to explain in writing within thirty days of the receipt

of the communication as to why the repayment should not be

enforced; and if the sanctioning authority is not satisfied with

the explanation or no explanation is submitted by the

subscriber within the said period of thirty days, the sanctioning

32

authority shall enforce the repayment and the subscriber shall

also be debarred for five years as per provision of rule 26 for

any type of withdrawal under sub-rules (1) to (7) of rule 18;

(viii) for the purpose as given in sub-rule (5) of rule 18, the

withdrawal to the extent of 50% at the credit of the subscriber

or estimated cost, whichever is less, shall be allowed to the

subscriber after five years of the sanction of first withdrawal;

(ix) for the purpose as given in sub-rule (6) of rule 18, the

withdrawal to the extent of 50% at the credit of the subscriber

or estimated cost, whichever is less, shall be allowed to the

subscriber after five years of service for upkeep of ancestral

house in which the subscriber has the specific share and after

ten years of first withdrawal under clause (viii) of this sub-rule;

(x) (a) intends to dispose off/disposed off the said built up

house/flat/plot. The admissibility for fresh withdrawal shall be

determined on the basis of total amount at the credit of the

subscriber including the amount already withdrawn minus 10%

of the amount so derived and the amount already taken on an

earlier occasion as withdrawal from the current available

balance in the General Provident Fund:

Provided that the cost of the plot and the construction of house thereon or flat or built up house to be purchased is more than the sale proceeds of plot/flat/built up house including the withdrawal now required. The cost price also includes registration charges. The purchase on power of attorney shall not be considered for this purpose;

The amount of admissibility for fresh withdrawal shall be calculated as under: -

Illustration : Mr. “X” had already taken withdrawal from General Provident Fund amounting to Rs. 2 lac for the purchase of built up house/flat/plot. The present balance at the credit of the subscriber is Rs. 6 lac. Now he has applied for fresh withdrawal amounting to Rs. 3 lac for the purchase of another built up house/flat/plot at a cost of Rs. 6 lac after the disposal of earlier one at a cost of Rs. 3 lac.

33

(Amount in Rs.) 1. Withdrawal taken earlier 2.00 lac 2. Credit in General Provident Fund (presently) 6.00 lac 3. Total (1+2) 8.00 lac 4. 10% of Col. 3 0.80 lac 5. Withdrawal admissible (Col. 2 – Col. 4) 5.20 lac 6. Deduct withdrawal already taken (Col. 1) 2.00 lac 7. Withdrawal now admissible (Col. 5 – Col. 6) 3.20 lac Mr. “X” can be sanctioned upto Rs. 3,20,000/- for the purposes

mentioned in clauses (i) to (iv) sub-rule (2). (b) the subscriber shall also be allowed a 2nd withdrawal for the purposes

mentioned in sub-rules (1) to (4) of rule 18 even if he had previously

taken withdrawal from General Provident Fund or loan from Government

for the said purposes and has constructed the house in the rural area.

The 2nd withdrawal shall be allowed to the extent of 50% at the credit of

the subscriber .

(xi) for the purpose as given in sub-rule (7) of rule 18, the

withdrawal to the extent of 50% at the credit of the subscriber

shall be allowed for each child after completion of five years of

regular service. The withdrawal shall be permissible only if the

unemployed children including unmarried daughter have

attained the age of eighteen years;

(xii) a subscriber who has been permitted under sub-rules (1)

to (7) of rule 18 to withdraw money from the amount standing

to his credit in the Fund, shall not part with the possession of

the house built or acquired or house-site purchased with the

money so withdrawn, whether by way of sale, mortgage (other

than mortgage to the Governor), gift, exchange or otherwise,

without the previous permission of the competent authority:

Provided that such permission shall not be necessary for –

(a) the house or house-site being leased for any term not

exceeding three years; or

34

(b) its being mortgaged in favour of a Housing Board,

Nationalized Banks, the Life Insurance Corporations or

any other Corporation owned or controlled by the State

Government including Government of India or any

other State Government/Union Territory which

advances loans for the construction of a new house or

for making additions or alterations to an existing house

or purchase of plot;

(xiii) the total withdrawal from the Fund including house-building

advance taken from the Government shall not exceed Rs. 18

lac or as decided by the State Government from time to time

for house building advance;

(xiv) the withdrawal in the case of Head of Department shall be

sanctioned by the next higher authority.

Conditions

for

withdrawal

for higher

education.

20. The withdrawal under sub-rule (8) of rule 18 shall be permitted to the

extent of 75% of the amount at the credit of the subscriber or the actual

amount required as per certificate from the concerned Institution,

whichever is less, for each child for initial admission and 50% of the

amount at the credit of the subscriber or actual amount required by the

institution, whichever is less, for each child for subsequent academic

years subject to the following conditions: -

(i) for education outside India for academic, technical,

professional or vocational course beyond the High School

stage; and for medical, engineering and other technical or

specialised courses in India beyond the High School stage;

provided that the course of study is not less than two years

duration;

(ii) the withdrawal will be admissible in respect of courses

approved by Government from time to time. The detail of

approved courses is given in Annexure III;

(iii) in case where payments are to be made on semester basis

for subsequent years, the subscriber shall be allowed

35

withdrawal twice in a year not exceeding of 25% of the amount

standing at his credit or the estimated expenditure involved as

certified by the concerned institution, whichever is less;

(iv) the subscriber shall utilize the withdrawal within one month

and also submit the utilization certificate accordingly;

(v) any amount withdrawn from the Fund, which is found to be in

excess of that actually required by the subscriber for the

purpose, shall be repaid forthwith into the Fund;

(vi) the withdrawal in the case of Head of Department shall be

sanctioned by the next higher authority.

Conditions

for

withdrawal

for

marriage.

21. The withdrawal under sub-rules (9), (10) and (11) of rule 18 shall

be permitted to the extent of 75% of the amount at the credit of the

subscriber for the marriage of each daughter or any other female relation

actually dependent on the subscriber; for each son of the subscriber and

for self marriage of the subscriber subject to the following conditions:-

(i) the age of the daughter or any other female dependent should

not be less than 18 years and 21 years in the case of son.

Necessary proof of age will be required to be given by the

subscriber while applying advance for marriage of

daughter/female dependent and son. The age of subscriber

shall not be less than 18 years in the case of female and 21

years in the case of male for the purpose of self marriage;

(ii) if two or more marriages are to be celebrated simultaneously,

the amount admissible in respect of each marriage shall be

determined as if the advances are sanctioned separately one

after the other;

(iii) in respect of the same marriage a subscriber may either

withdraw the money under this rule or under rule 15;

(iv) a subscriber who draws an advance under rule15 may convert,

at his discretion by written request addressed to the Head of

office, the outstanding balance into a final withdrawal from the

36

competent authority on his satisfying the conditions laid down

in this rule;

(v) the withdrawal may be allowed to a subscriber not earlier than

three months preceding the month in which the marriage

actually takes place;

(vi) the subscriber shall furnish a certificate to the sanctioning

authority within a period of one month from the date of

marriage, or if he is on leave, within one month on return from

leave that the money withdrawn had actually been utilized for

the purpose for which it was sanctioned. If the subscriber fails

to furnish the requisite certificate or if the amount withdrawn is

utilized for a purpose other than that for which sanction was

given, the entire amount shall be repaid forthwith into the Fund

in lump sum by the subscriber, and, if he fails to do so, it shall

be ordered by the sanctioning authority to be recovered from

his pay either in a lump sum or in such number of monthly

instalments, as may be determined by such authority;

(vii) the betrothal ceremony and marriage ceremony should be

treated separately. The subscriber shall be permitted

withdrawal from the Fund for the purpose of marriage though

he had availed of advance under rule 15 for betrothal

ceremony;

(viii) the withdrawal in the case of Head of Department shall be

sanctioned by the next higher authority.

Conditions

for

withdrawal

for

purchase

of motor

vehicle(s).

22. The withdrawal for the purchase of vehicle i.e. a motor car and motor

cycle or scooter or moped, under sub-rule (12) of rule 18 shall be

allowed to the extent of 50% of the amount at the credit of the subscriber

or the cost of the vehicle, whichever is less, subject to the following

conditions: -

37

(i) the band pay plus grade pay of a subscriber should be Rs.

18000/- per mensem or more as decided by the Government from

time to time in the case of withdrawal for the purchase of motor

car. There is no condition of minimum pay for withdrawal for

purchase of motorcycle or scooter or moped;

(ii) the subscriber should have a minimum 5 years of regular service

at his credit;

(iii) the subscriber may be sanctioned withdrawal for the purchase of

motor car and motorcycle or scooter or moped only once in the

service career;

(iv) the subscriber may be sanctioned withdrawal from the Fund to

the extent of difference of the cost of vehicle and the amount of

loan taken from the Government for the same purpose;

(v) the subscriber may also be allowed withdrawal from the Fund for

repaying any loan expressly taken from the Government or Bank

for the purposes mentioned in sub-rule (12) of rule 18;

(vi) the withdrawal in the case of Head of Department shall be

sanctioned by the next higher authority.

Conditions

for 90%

withdrawal

before

retirement

on

superannu

ation.

23. (1) The withdrawal under sub-rule (13) of rule 18 shall be allowed to

the subscriber within one year before the date of retirement on

superannuation to the extent of 90% of the amount at the credit of the

subscriber in the Fund without assigning any reason or purpose.

(2) The withdrawal in the case of Head of Department shall be

sanctioned by the next higher authority.

Final

payment

of

24. The accumulation of the subscriber in the Fund shall become finally

payable in the event of his quitting service; on his retirement; on his

38

accumulati

on.

death while in service, as per conditions given as under: -

(1) On Quitting Service- (i) When a subscriber quits the service, the amount standing to

his credit in the Fund shall become payable to him.

(ii) In case a subscriber, who has been dismissed/removed from

the service and is subsequently reinstated in the service shall

repay any amount paid to him from the Fund along with

interest thereon at the rate prescribed in rule 12. The amount

so repaid shall be credited to his account in the Fund.

(iii) When a subscriber quits the service from one department for

taking appointment in another department under Haryana

Government, it shall not be treated as quitting of the service.

(iv) The retrenchment of the subscriber shall amount to quitting of

service.

(2) On Retirement- When a subscriber has been retired on superannuation or

otherwise or permitted to retire, the amount standing to the credit

of a subscriber shall become payable. The Accountant General

shall authorize payment of that portion of the amount standing to

the credit of a subscriber, in regard to which there is no dispute or

doubt, before fifteen days of the retirement of the employee on

superannuation and within three months in other cases, the

balance be released as soon as possible.

(3) On Death or disappearance- (i) When a subscriber dies while in service, the amount standing

to his credit in the Fund shall become payable to the members

of his family/nominee(s).

(ii) When a subscriber disappears/absconds and his whereabouts

39

are not known, the amount standing to his credit in the Fund

shall become payable to the members of his/her family

/nominee(s), after receipt of report of police that the employee

is not traceable.

(4) When the Subscriber Leaves a Family- (i) If a nomination made by the subscriber in accordance with the

provisions of rule 7 in favour of a member or members of his

family subsists, the amount standing to his credit in the Fund

or the part thereof to which the nomination relates, shall

become payable to his nominee or nominees in the proportion

specified in the nomination.

(ii) If no such nomination in favour of a member or members of the

family of the subscriber subsists, or if such nomination relates

only to a part of the amount standing to his credit in the Fund,

the whole amount or the part thereof to which the nomination

does not relate, as the case may be, shall, notwithstanding any

nomination purporting to be in favour of any person or persons

other than a member or members of his family, become

payable to the members of his family in equal shares:

Provided that the widow and the child or children of a

deceased son shall divide between them in equal parts only

the share which that son would have received, If he had

survived the subscriber.

(5) When the Subscriber Leaves no Family- When the subscriber leaves no family, if a nomination made by

him in accordance with the provisions of rule 7 in favour of any

person or persons subsists, the amount standing to his credit in

the Fund or the part thereof to which the nomination relates, shall

become payable to his nominee or nominees in the proportion

specified in the nomination. In case if a subscriber dies having no

family member and valid nomination then the payment shall be

made to the claimant(s) on production of succession certificate

from the court of law.

40

(6) Status of Posthumous Child- Subscriber’s posthumous child is a member of his family at the

time of his death and if born alive, should be treated in the same

way as surviving child born before the subscriber’s death. If the

existence of an unborn posthumous child is brought to the notice

of the Disbursing Officer, the amount which will be due to the

child in the event of its being born alive should be retained and

the balance be distributed in the normal way. If the child is born

alive, payment of the amount retained should be made as in the

case of minor child; but if no child is born, the amount retained

should be distributed among the family in accordance with the

ordinary rules.

(7) When a Subscriber Disappears/Absconds and His

Whereabouts are not Known- When any employee disappears leaving his family, the family can

be paid in the first instance the amount of General Provident Fund

having regard to the nomination by the employee after observing

the following formalities: -

(i) the family must lodge a report with the concerned police

station and obtain a report that the employee has not been

traced after all efforts made by the police;

(ii) an Indemnity bond should be taken from the

nominee/dependents of the employee that all payments will be

adjusted against the payments due to the employee in case he

appears on the scene and makes any claim;

(iii) the family shall not be allowed any payment which is facing

trial for the murder of the Government employee till the court’s

decision.

Manner of

payment.

25. The payment from the Fund can be drawn by taking advance under

rule 15, withdrawals under rule 18 and final payment under rule 24 in the

following manner: -

41

(1) Advance- Advance from the Fund can be obtained for the purposes

mentioned in rule 15 subject to the conditions prescribed in rule

16 in Form PF No. 3 . The competent authority shall issue a

sanction in the proforma PF No. 7 for drawal of the advance as

per admissibility to the subscriber, a copy of which shall also be

endorsed to the Accountant General, Haryana. The competent

authority shall categorically mention the number of instalments in

which the advance is to be recovered. The amount from the Fund

shall be drawn from the Treasury/Sub-Treasury as per their

jurisdiction and the same will be disbursed to the subscriber. It

shall be the responsibility of the Head of Office to recover the

advanced amount as per sanction of the advance. The

Accountant General, Haryana will deduct the withdrawal from the

Fund as per procedure followed in his office. (2) Withdrawal- Withdrawal from the Fund can be obtained for the purposes

mentioned in rule 18 subject to the conditions prescribed in rules

19, 20, 21, 22 and 23 in Form PF No. 4. The subscriber shall

apply to the Head of Office for any of the intended withdrawals, in

the prescribed form in duplicate. The Head of Office after

scrutinizing the application shall forward one copy of the same

along with the supporting documents to the Head of Department,

if he has not been delegated the powers of Heads of the

Department as mentioned in Annexure I to these rules. The Head

of Department shall issue sanction in Form PF No. 8 for the

withdrawal from the Fund after satisfying the conditions and

admissibility of the withdrawal, a copy of which shall also be

endorsed to the concerned Head of Office and Accountant

General, Haryana. The amount from the Fund shall be drawn by

the Head of Office from the Treasury/Sub-Treasury as per their

jurisdiction and the same will be disbursed to the subscriber. In

case the withdrawal pertains to a subscriber working in the office

42

of Head of Department, the withdrawal shall be made by that

office. The Accountant General, Haryana shall keep a proper note

of the sanction for the withdrawal from the Fund as per procedure

followed in his office.

(3) Final Payment- (i) The Head of Office after obtaining the application Form for

final payment in application Form. PF No.5 in duplicate from

the subscriber, shall forward the same to the Accountant

General, Haryana six months in advance from the date of his

retirement. The Head of Office shall also indicate the recovery

to be effected against the advances which are still current and

the number of instalments yet to be recovered and also

indicate the withdrawal, if any, taken by the subscriber after

the period covered by the last statement of the subscriber’s

account sent by the Accountant General, Haryana. The

Accountant General shall after verification with the ledger

account, take necessary steps to issue the authority to the

Head of Office or Treasury as per option of the subscriber, for

the amount payable to him at least thirty days before the date

of superannuation, payable on the next working day of

superannuation. The Treasury Officer shall allow the payment

only after receipt of a copy of authorization issued by the

Accountant General meant for Treasury Office.

(ii) In the case of death of the subscriber during service, the Head

of Office shall get the application in Form PF No. 6 for final

payment of accumulation in Fund from the family

members/nominee(s) of the subscriber for submission to the

Accountant General immediately for initiation of action. The

payment in the case of minor(s) shall be made through legal

guardian, if the minor has no natural guardian alive. The other

pre-requisites/formalities as mentioned in clause (i) of this

sub-rule shall be completed and authorization be issued

accordingly.

43

(iii) If the person to whom, under these rules, any amount is to be

paid is a lunatic for whose estate a Manager has been

appointed in this behalf under the Indian Lunacy Act, 1912

(Act IV of 1912), the payment shall be made to such Manager

and not to the lunatic:

Provided that where no Manager has been

appointed and the person to whom the sum is payable is

certified by a Magistrate to be a lunatic, the payment shall

under the orders of the Collector be made in terms of sub-

section (1) of section 95 of the Indian Lunacy Act, 1912 (Act-

IV of 1912), to the person having charge of such lunatic and

the Accountant General shall pay only the amount which he

thinks fit to the person having charge of the lunatic, if any, or

such part thereof, as he thinks fit, shall be paid to him for

maintenance.

(iv) In case a payment of Rs. 25,000 or above to a minor child or

children is made through a person other than natural guardian

then indemnity bond as at Annexure IV be obtained.

(v) Payments of the amount withdrawn shall be made in India

only. The persons to whom the amounts are payable shall

make their own arrangements to receive the payment in

India.

Misutilizati

on of

advance/

withdrawal.

26. Notwithstanding anything contained in these rules, if the sanctioning

authority has reason to doubt the money drawn as an advance or

withdrawal from the Fund under rule 15 or 18 has been utilized for a

purpose other than that for which sanction was given to the drawal of the

money, he shall communicate to the subscriber the reasons for his doubt

and require him to explain in writing and within thirty days of the receipt of

such communication by him whether the advance or withdrawal has

been utilized for the purpose for which sanction was given to the drawal

of the money. If the sanctioning authority is not satisfied with the

explanation furnished by the subscriber within the said period of thirty

days, the sanctioning authority shall direct the subscriber to repay the

44

amount in question to the Fund forthwith, or, in default, order the amount

to be recovered by deduction in lump sum from the pay of the subscriber

even if he be on leave. If, however, the total amount to be repaid be more

than half the subscriber’s pay, recoveries shall be made in monthly

instalments, as may be determined by sanctioning authority not

exceeding 1/3rd of his pay. The subscriber shall also be debarred, for a

period of two years for taking any advance, and, for a period of five years

for withdrawal from the Fund.

Maintenan

ce of

General

Provident

Fund

accounts in

the office

of

Accountant

General.

27. (1) All sums paid into the Fund under these rules shall be credited in

the books of Government to an account named “The General Provident

Fund”. Sums of which payment has not been taken within six months

after they become payable under these rules, shall be transferred to

“Deposits” at the end of the year and treated under the ordinary rules

relating to deposits.

(2) When paying a subscription in India, either by deduction from pay

or in cash, a subscriber shall quote the number of his account in the

Fund, which shall be communicated to him by the Accountant General.

Any change in the number shall similarly be communicated to the

subscriber by the Accountant General.

(3) The Accountant General shall, if required by a subscriber, once,

but not more than once, in a year inform the subscriber of the total

amount standing to his credit in the Fund at the end of the last month for

which his account has been written up.

45

Issuance

of annual

General

Provident

Fund

statement.

28. (1) As soon as possible, after the 31st March of each year, the

Accountant General shall send to each subscriber a statement of his

account in the Fund showing the opening balance as on the 1st April of

the year, the total amount credited or debited during the year, the total

amount of interest credited as on the 31st March of the year and the

closing balance on that date. The Accountant General shall attach to the

statement of accounts the date of birth of the employee concerned, if

available in his office and an enquiry whether the subscriber: -

(i) desires to make any alteration in any nomination made under

rule 7; or

(ii) has acquired a family in cases where the subscriber has made

no nomination in favour of a member of his family under the

first proviso to sub-rule (1) of rule 7.

(2) Subscribers should satisfy themselves as to the correctness of the

annual statement and errors should be brought to the notice of the

Accountant General within three months from the date of the receipt of

the statement.

Delegation. 29. The Heads of Department may re-delegate the powers delegated

to them for sanctioning advances/withdrawals under these rules, on their

own responsibility and subject to such restrictions, as they may like to

impose, to any officer working at their headquarter/district/any other

office(s).

Relaxation

of rules.

30. When it is felt that the operation of any of these rules causes or is

likely to cause undue hardship to a subscriber, the Finance Department,

may notwithstanding anything contained in these rules, deal with the

cases of such subscriber in such a manner as may appear just and

equitable.

46

Interpretati

on.

31. If any question arises relating to the interpretation of these rules, it

shall be referred to the Finance Department, Haryana whose decision

thereon shall be final.

Repeal

and

saving.

32. The Haryana General Provident Fund Rules 2005, are hereby

repealed. Anything done or any action taken under rules so repealed,

shall be deemed to have been done or taken under the corresponding

provisions of these rules.

47

Annexure I [see rules 3 (ii), 15 and 18]

List of authorities competent to sanction Advance/Withdrawal

S. No.

Rule Nature of power To whom delegated

Extent of power

1 To sanction advance for:-

Head of Office

Six months pay or 50% of credit in General Provident Fund account which ever is less and further subject to the conditions laid in rule 16

15(1) 15(2) 15(3) 15(4) 15(5)

illness, confinement or disability higher education obligatory expenses legal proceeding in court of law defence in departmental inquiry

2 15(6)

To sanction advance for:- purchase of house hold item(s)

Head of Office

Six months pay or 50% of credit in General Provident Fund account or actual cost of items whichever is least and further subject to the conditions laid in rule 16

3 To sanction withdrawal for :-

Head of Department

90% of credit in General Provident Fund account or the actual cost whichever is less and further subject to the conditions laid in rule 19.

18(1) 18(2) 18(3) 18(4)

Building or acquisition of house/flat/plot from Government agency. acquisition of house/flat/plot from open market repaying of loan for house/ flat purchase of house site

48

4 18(5) 18(6) 18(7)

To sanction withdrawal for :- additions or alternations in house/ flat upkeep of ancestral house acquiring commercial/ industrial establishment or establishing business for settlement of unemployed children.

Head of Department

50% of credit in General Provident Fund account or the actual cost whichever is less and further subject to the conditions laid in rule 19

5 18(8)

To sanction withdrawal for :- higher education of child

Head of Department

(i) For initial admission - Upto 75% of credit in General Provident Fund account or the actual amount required by the Institution whichever is less for each child and further subject to the conditions laid in rule 20. (ii) For annual payment - 50% of credit in General Provident Fund account or the actual amount required by the institution whichever is less for each child and further subject to the conditions laid in rule 20

or 25% of credit in General Provident Fund account or the actual amount required by the institution whichever is less, twice in a year for each child and further subject to the conditions laid in rule 20

6 18(9) 18(10) 18(11)

To sanction withdrawal for :- daughter’s marriage or female relative’s marriage son’s marriage Self marriage

Head of Department

75% of credit in General Provident Fund account and further subject to the conditions laid in rule 21

49

7 18(12)

To sanction withdrawal for :- purchase of motor vehicle(s)

Head of Department

50% of credit in General Provident Fund account or the actual cost of vehicle whichever is less and further subject to the conditions laid in rule 22.

8 18(13)

To sanction 90% withdrawal before superannuation retirement

Head of Department

90% of credit in General Provident Fund account and further subject to the condition laid in rule 23.

Note 1.- The Head of Departments may re-delegate any of the powers delegated to

them in the above table, in writing, on their sole responsibility and further subject to

such restrictions and conditions as they may like to impose, to any officer working

under them at their headquarter/ district / any other office(s) . The copies of re-

delegation shall be endorsed to the concerned Administrative Department and

Accountant General, Haryana,

Note 2.- The following officers shall exercise the powers of Heads of Departments so

far as these rules are concerned in respect of officers/officials working under them

and subordinate establishment under their control :-

(i) Commissioner(s) of Division(s)

(ii) District and Sessions Judge(s)

(iii) Inspector General/Deputy Inspector General of Police (Range/Railway)

(iv) Conservator of Forest(s)

(v) Controller of Printing and Stationery

(vi) Superintending Engineer(s) of Public Works Departments

(vii) District Education Officer(s)/District Primary Education Officer(s)

(viii) Principal(s) of Government Art and Professional Colleges

(ix) Sub-Divisional Officers (Civil) in the Sub-Division of the Civil Department

and

City Magistrate at Headquarters of the District.

Note 3 : The advance/withdrawal for the Head of Office/Head of Department shall

be sanctioned by the Head of Department and Administrative Department

respectively.

50

Note 4.- The sanctioning authorities shall send a consolidated list of

advance/withdrawals sanctioned by them, to the Heads of the Department quarterly

commencing from April of each financial year, mentioning therein complete details of

advance/withdrawal such as name of the subscriber, General Provident Fund account

number, amount and purpose for verifying the actual debit of advance/withdrawal to

the concerned General Provident Fund account of the subscriber. The Heads of the

Departments will consolidate the advance/withdrawal sanctioned by the subordinate

offices including advances/withdrawals sanctioned at Headquarter(s) and the same

shall be reconciled with the Accountant General, Haryana.

Note 5.- The subscriber, who has submitted the application for final withdrawal

and the same has been forwarded to Accountant General, shall be sanctioned

advance/withdrawal only on receipt of concurrence from the Accountant General,

Haryana.

51

Annexure II

(see rule 12)

Interest calculation Example on General Provident Fund accumulation for the year 2011-12 from the following data: -

S.No. Particulars Amount

1 Opening Balance as on 01-04-2011 Rs. 2,25,980/-

2 Monthly Subscription Rs. 3,000/- p.m.

3 Arrear of D.A. deposited in 6/2011 Rs. 2,214/-

4 Advance for daughter’s betrothal ceremony paid on 12/12/2011 (to be recovered @ Rs. 1000 p.m. in 25 installments

Rs. 25,000/-

5 Arrear of D.A. deposited in 2/2012 Rs. 3,035/-

6 Withdrawal on 04-03-2012 for Higher Education of Son Rs. 30,000/-.

7 Rate of interest during the year

8% p.a.

Solution

Paid month

Subscription Recovery of

Advance

Total Drawal Balance Monthly product

04/2011 3000 --- 3000 --- 3000 3000x12 =36000

05/2011 3000 --- 3000 --- 3000 3000x11=33000

06/2011 3000+2214 --- 5214 --- 5214 5214x10=52140

07/2011 3000 --- 3000 --- 3000 3000x9=27000

08/2011 3000 --- 3000 --- 3000 3000x8=24000

09/2011 3000 --- 3000 --- 3000 3000x7=21000

10/2011 3000 --- 3000 --- 3000 3000x6=18000

11/2011 3000 --- 3000 --- 3000 3000x5=15000

12/2011 3000 --- 3000 25000 (-)22000 (-)22000x4 =(-)88000

01/2012 3000 1000 4000 --- 4000 4000x3=12000

52

02/2012 3000+3035 1000 7035 --- 7035 7035x2=14070

03/2012 3000 1000 4000 30,000

(-) 26000 (-)26000x1=(-)26000

138210

Annual Product

(1) Opening Balance Rs. 2,25,980.00

(2) Product during the financial year Rs. 11,517.50 138210 divided by 12 = 11,517.50

Total (1 + 2) Rs. 2,37,497.50

Interest = 237497.50x8%=18999.80 Say Rs. 19,000.00

53

Annexure III [see rule 16(9)]

List of approved courses as mentioned in rule-20(ii)

Serial Number Name of the Course

1. Diploma Course in the various fields of Engineering and Technology,

e.g. Civil Engineering, Mechanical Engineering, Electrical

Engineering, Telecommunication/Radio Engineering, Metallurgy,

Automobile Engineering, Textile Technology, Leather Technology,

printing Technology, Chemical Technology, etc. conducted by

recognized technical institutions.

2. Degree courses in the various fields of Engineering and Technology,

e.g. Civil Engineering, Mechanical Engineering, Electrical

Engineering, Telecommunication/Radio Engineering, Metallurgy,

Automobile Engineering, Textile Technology, Leather Technology,

printing Technology, Chemical Technology, etc. conducted by

recognized technical institutions.

3. Postgraduate courses in the various fields of Engineering and

Technology conducted by the Universities and recognized

institutions.

4. Degree and Diploma courses in Architecture, Town Planning and

allied fields conducted by recognized institutions.

5. Diploma and Certificate courses in Commerce conducted by

recognized institutions.

6. Diploma courses in management conducted by recognized

institutions.

7. Degree Courses in Agriculture, Veterinary Science and allied

subjects conducted by recognized Universities and institutions.

8. Degree and Diploma courses in Art/Applied Art and allied subjects

conducted by recognized institutions.

9. Medical courses (including Allopathic, Homeopathic, Ayurvedic and

Unani systems) conducted by recognized institutions.

54

10. Bachelor of Science (Home Science) courses.

11. Degree and Diploma course in Hotel Management conducted by

recognized institutions.

12. Degree and Postgraduate course in Home Science.

13. Pre-Professional course in Medicine if part or regular 5 years course

in Medicine.

14. Doctorate of Philosophy in Biochemistry.

15. Degree and Postgraduate course in Law.

16. “Honours” course in Microbiology.

17. Associate ship of the Institute of Charted accountants.

18. Associate ship of the Institute of Costs and Works Accountants.

19. Degree and Master’s course in Business Administration or

Management.

20. Master of Science course in Statistics, Computer Application.

21. The Company Secretary ship course or the Institute of Company

Secretaries of India.

22. The course or pre-sea training imparted on the Training Ship

“Rajendra” to prospective paginating officers on merchantships.

23. The course in Marine Engineering conducted in the Directorate of

Marine Engineering Training.

___________________________________________________________________

Sanjee Kaushal Financial Commissioner and Principal Secretary to Government, Haryana, Finance Department.

55

Annexure IV

[See rule 25(3)(iv)]

Bond of Indemnity for drawal of provident fund money due to the minor child/children of deceased subscriber by a person other than his/her/their natural guardian (to the extent of Rs. 25,000/-).

KNOW ALL MEN by these presents we (a) full name of the claimant(s)

__________________________________with place(s) of residence)

son/daughter/wife of ________________ resident of __________________________

(hereinafter called ‘obligor’) (b)(1) Name and address of the sureties)

son/daughter/wife of ______________________________________________ and

(b) (2) ___________________________________________ son/daughter/wife

of_____________________________________ resident of __________________

(hereinafter called the ‘sureties’) on her/his/their behalf are held and firmly bound

jointly and severally to the Governor of Haryana (hereinafter called the Government).

In the sum of Rs. __________________(in words and figures) to be paid to the

Government or his successors or assigns for which payment to be well and truly

made, the said obligor and sureties do hereby bind themselves jointly and severally by

these presents.

Signed this day of _______________two thousand ______________________

WHEREAS (c) (Name of the deceased) _____________________ was at the

time of his death a subscriber to the General Provident Fund and whereas the said (c)

__________________ died on the day of _______________ two thousand

________________________ and a sum of Rs. ______________________ (in words

and figures) payable by Government on account of his General Provident Fund

accumulations.

AND WHEREAS the above bounden obligor claim(s) (a) the said sum on behalf

of the minor child/children of the said (c) ____________________ but has/have not

obtained a guardianship certificate.

AND WHEREAS obligor(s) has/have satisfied the (d) Name and Designation of

the officer __________________________ (officer concerned) that he/she/they is/are

entitled to the aforesaid sum and it would cause undue delay and hardship if the

56

obligor were required to include the guardianship certificate. AND WHEREAS

Government desire to pay the said sum to the obligor but under Government Rules

and orders. It is necessary that the obligor should first execute a bond with two

sureties to indemnify Government against all claims to the amount so due as

aforesaid to the said (c) _____________________ (deceased) before the said sum

can be paid to the obligor which the obligor and at his/her request the sureties have

agreed to do.

NOW THE CONDITION OF this bond is such that if after payment has been

made to the obligor, the obligor or sureties shall in the event of a claim being made by

any other persons against Government with respect of the aforesaid sum of Rs.

___________________ . Refund to Government the sum of Rupees _____________

and shall otherwise indemnify and keep the Government harmless and indemnified

from all liabilities in respect of the aforesaid sum an all costs incurred in consequence

of any claim thereto THEN the above written bond or obligations shall be void but

otherwise the same shall remain in full force, effect and virtue.

The Government have agreed to bear the stamp duty, if any chargeable, on

these presents.

IN WITNESS WHEREOF the obligor and the surety/Sureties hereto have set

and subscriber their respective and hereunto on the day, month and year above

written.

Signed by the above named “Obligor” in the presence of

1. ______________________ 2. ______________________

(Signature of the obligor)

Signed by the above named “Surety/Sureties”

1. _____________________ 2. _____________________

(Name and designation of witness_

57

In the presence of

Accepted for and on behalf of the Governor of Haryana

Name & Designation of the officer directed or authorized.

In the presence of article 299(1) of the Constitution to accept

The bond for and on behalf of the Governor of Haryana.

58

Form PF No. 1 (see rule 6)

Application for Allotment of General Provident Fund Account Number (To be submitted in triplicate)

Name of applicant Father/Husband name

Date of birth/Date of joining regular service

Designation and Official address

Nature of post held (i)Temporary (ii)Permanent (iii)On probation

Existing Scale and Basic pay per mensem

Rate of subscription per mensem

Whether the applicant has a family or not?

Account number to be allotted by Accountant General

1. 2 3 4 5 6 7 8

Place_______________ Date___________20

Signature of Applicant

(Signature) Head of Office

Office of the Accountant General, Haryana, Chandigarh.

No.____________________________ Dated: __________

Returned to __________________________________________with General Provident Fund Account number allotted as mentioned in Column 8. This number should be quoted for all future correspondence connected therewith. The nomination form duly accepted is also returned for office record.

(Signature)

59

Accountant General, Haryana.

Form PF No. 2 (see rule 7)

Form of Nomination Account No.------------------ I, hereby nominate the person(s) mentioned below who is/are member(s)/non-member(s) of my family as defined in rule 7 of the Haryana General Provident Fund Rules to receive the amount that may stand to my credit in the Fund as indicated below, in the event of my death before that amount has become payable or having become payable has not been paid: Name and address of the nominee(s)

Relationship with the subscriber

Age of the nominee(s)

Share payable to each nominee

Contingencies on the happening of which the nomination shall become invalid

Name, address and relationship of the person(s), if any, to whom the right of nominee shall pass in the event of his predeceasing the subscriber

If the nominee is not a member of the family as provided in rule 3, indicate the reasons

1 2 3 4 5 6 7

Place---------------

Dated this ..day of . , 20 ..

60

Signature of the subscriber

Name in Block Letters Designation ..

Signature of two witnesses: Name and Address Signature

1

2.

Note

(1) The form of nomination shall be filled in triplicate. Two copies will be sent to Accountant General, Haryana, who will return one copy duly accepted and signed to the Head of Office for office record. (2) In column 4, if only one person is nominated, the words “in full’ should be written against the nominee. If more than one person is nominated, the share payable to each nominee to cover the whole amount of the Fund shall be specified.

For use by the Head of Office

Nomination received from Sh./Ms .

Designation . on dated .. for onward submission to

the Accountant General, Haryana.

Dated . (Signature)

Head of Office

For use by A.G., Haryana

Nomination made by Sh./Ms._________________________________________

Designation__________________, O/o _________________________________ is

hereby accepted and returned to____________(Head of Office) for office record.

61

(Signature) Accountant General, Haryana

Form PF No.3 (see rules 15 to 17)

Application for Advance from General Provident Fund

Department/Office .

1. Name of the Subscriber:

2. Designation:

3. Account number (complete):

4. Existing Scale of pay:

5. Basic pay including Dearness Pay, Personal Pay,

Special Pay, if any, in the existing scale Rs.

6. Date of joining service :

7. Date of Superannuation :

8. Balance at credit of the subscriber on the date of the application as below: -

(i) Closing balance as per latest General Provident Fund statement Rs. for the year________________(copy enclosed)

(ii) Add regular monthly subscription plus lumpsum Rs. subscription, if any, after the date of General Provident Fund statement mentioned at (i) above:

(iii) Add refunds of advance(s) after the date of Rs. statement mentioned at (i) above:

(iv) Total (i) + (ii) + and (iii): Rs.

(v) Less amount of advance(s) and Withdrawal(s) Rs. taken after the date of General Provident Fund statement mentioned at (i) above:

(vi) Net balance at credit: Rs.

9. Amount of advance required: Rs ..

10. Purpose for which the advance is required:

11. Date of ceremony:

12. Rule under which the advance is admissible

13. Full details of advance taken previously:

62

Serial Number

Purpose of advance

Date of DrawalAmount

Name of the office from where payment received

1.

2.

3.

14. Whether full recovery has been made of the previous advance: 15. If the reply to item 14 above is negative then give the following information: - Serial Number

Purpose of advance

Amount of advance

Month of Drawal

No. of Installments for recovery

Advance recovered

Balance of advance

1. 2. 1. Certified that I have utilized the advance(s) taken from my General Provident

Fund earlier for the purpose for which the advance(s) was/were sanctioned and I have

already submitted the utilization certificate to the Head of Office as required under rule

16.

2. Certified that the person for whose ceremony/education etc. the advance has

been applied for, is fully and solely dependent upon me.

3. Certified that the information given in this application is true and correct and

nothing has been concealed or mis-stated therein. I am aware that in case of any

concealment or mis-statement of facts, I will be debarred from taking any advance(s)

from my General Provident Fund Account for a period of two years.

Signature of the Applicant Name Designation . Dated: .. Branch ..

63

Form PF No. 4 (see rules - 18 to 23 )

Application for Withdrawal from General Provident Fund

Part – I

Department .. Head of Office . 1. Name of the Subscriber:

2. Designation:

3. Account number (complete) :

4. Existing Scale of pay: 5. Basic pay including Dearness Pay, Personal Pay,

Special Pay, if any, in the existing scale Rs.

6. Date of joining service: 7. Date of supperannuation: 8. Balance at credit of the subscriber on the date of the application as below: -

(i) Closing balance as per latest General Provident Fund statement Rs. for the year________________(copy enclosed)

(ii) Add regular monthly subscription plus lump sum Rs. subscription, if any, after the date of General Provident Fund statement mentioned at (i) above:

(iii) Add refunds of advance(s) after the date of Rs. statement mentioned at (i) above:

(iv) Total (i) + (ii) + and (iii): Rs.

(v) Less amount of advance(s) and withdrawal(s) Rs. taken after the date of General Provident Fund statement mentioned at (i) above:

(vi) Net balance at credit : Rs.

9. Amount of withdrawal required: Rs

10. Purpose for which withdrawal is required:

64

11.Rule under which withdrawal is admissible: 12. Whether any withdrawal was taken for the same purpose earlier, if so, indicate the Amount and the date: -

Serial Number

Date of drawal

Sanction Number and Date

Amount Name of office from where payment is received

1.

2.

3.

NOTE: All withdrawals taken for purchase of plot, purchase of house, construction,

addition and alteration, repair of house and repayment of loans taken for these

purposes should be treated as same purpose. All withdrawals taken for purchase of

motor cycle, scooter, and moped should be treated as same purpose and withdrawal

for motor car can be obtained separately subject to conditions mentioned in rule 22.

13. Additional information be given in the relevant (Part-

___attached)

part i.e. acquisition of Plot/flat in part-II/detail of

marriage ceremony in Part-III/details of higher

education in Part-IV/details of motor vehicle(s) in Part-V.

1. Certified that I have utilized the withdrawal(s) taken from my General Provident

Fund earlier for the purpose for which the withdrawal(s) was/were sanctioned. I have

already submitted the utilization certificate to the Head of Office as required under

rules 19/20/21/22.

65

2. Certified that the person for whose ceremony/education etc. the advance has

been applied for, is fully and solely dependent upon me.

3. Certified that the information given in this application is true and correct and

nothing has been concealed or mis-stated therein. I am aware that in case of any

concealment or mis-statement of facts, I will be debarred from taking any

withdrawal(s) from my General Provident Fund Account for a period of five years.

(Signature of applicant)

Designation__________

Dated:____________ Office:______________.

(Examination/Verification by the Office) 1. This is to certify that the office has checked and verified the details submitted by the subscriber in this application. All the details furnished by the subscriber are verified to be correct. 2. The subscriber is entitled to the withdrawal being applied for under the rule 18;

or

the subscriber is not entitled to the withdrawal applied for and has requested for

relaxation in rules on the following counts:

(i)

(ii) (iii) (Signature of the Head of office with Seal)

66

Form PF No. 4

Part - II If the application is for seeking withdrawal for acquisition of a plot and construction of house thereon/acquisition of flat or house/construction of house, the following additional information be provided: Serial Number

Subject Particulars

1. Purpose: (i) Acquisition of a plot for house(ii) Acquisition of a built up flat (iii) Acquisition of a built up house (iv) Construction of House (v) Re-payment of loan taken from a

financial institution expressly for acquiring a dwelling unit

(vi) Repair/Renovation of a house2. Source of acquisition (please give details

of the agency e.g. Haryana Urban Development Authority/Co-op. Housing Society/ Open market or any other source

3. Person in whose name the plot/ house/flat (Clear title) Enclose proof of ownership/copy of allotment letter

4. Amount of House Building Advance taken from the Government under its Scheme, if any.

5. Whether withdrawal from General Provident Fund taken earlier for this purpose?

Yes / No

6. If the answer to above is ‘yes’ , please give the details: (i) withdrawal taken for the same unit (ii) withdrawal taken for some other

unit(s) (iii) whether the previous unit has been

disposed off and the advance taken for the same deposited back in the account

(i) (ii) (iii)

7. If the withdrawal is being applied for a plot in the name of spouse, please indicate who is the first nominee to receive the General Provident Fund accumulations.

67

(Signature of applicant)

Designation_______________ Office: ____________________

Form PF No. 4

Part – III

(withdrawal for marriage ceremony)

Serial Number

Subject Particulars

1. Marriage of Self/Son/Daughter/ dependent Sister

2. Name of the dependent for whose marriage advance is applied

3. Date of birth of the dependent 4. Has any withdrawal been taken

earlier for marriage? If yes, the amount of withdrawal taken with detail:

5. Amount of withdrawal being applied for

6. Date of marriage ceremony (Signature of applicant) Designation____________________ Office _________________________

68

Form PF No. 4

Part – IV

(withdrawal for higher education of children)

Serial Number

Subject

Particulars

1. Withdrawal is being applied for higher education of: -

Son/Daughter

2. Name of the Child 3. Details of the Course of Study 4. Name of the Institute of Study 5. Evidence of Admission 6. Evidence of fees to be

supported to justify the advance

7. Details of withdrawals taken earlier for the purpose:

(i) (ii) (iii)

(Signature of applicant) Designation _________________ Office ______________________

69

Form PF No. 4

Part –V

(withdrawal for purchase of motor vehicle(s))

Serial Number

Subject

Particulars

1. Withdrawal is being applied for motor vehicle i.e. motor car, motor cycle, scooter or moped

2. Particulars of withdrawal or loan taken previously, if any.

Amount Date of drawal withdrawal or Loan

3. Cost of vehicle (proforma invoice to be attached)

4. Amount required for purchase of vehicle

(Signature of applicant) Designation _________________ Office ______________________

70

Form PF No. 5 (see rule - 24)

Application for Final Payment/Transfer to Corporate Bodies/Other Governments

To

The Accountant General,

Haryana, Chandigarh.

(Through the Head of office)

Sir,

I am to retire/have retired/have been discharged/dismissed/have been

permanently transferred to ./have resigned finally from Government

service/have resigned service under ..Government to take up

appointment with ..and my resignation has been accepted with effect

from forenoon/afternoon. I joined service

with on .forenoon/afternoon.

2. My Fund Account No. is

3. I desire to receive payment through my office . or

through the ..Treasury/Sub-Treasury. Particulars of my personal marks of

identification, left hand thumb and finger impressions (in the case of illiterate

subscribers) and specimen signature (in the case of literate subscribers) in duplicate,

duly attested by a Gazetted Officer of the Government, are enclosed.

4. I request that the entire amount at my credit with interest due under the rules

may be paid to me/transferred to ..

Yours faithfully

71

Date:- (Signature)

(To be specified) Name:

Address:

(For Use By Head of Office) Forwarded to the Accountant-General, Haryana for necessary action.

2. Sh./Ms _____________________________ has finally retired/has been

discharged/dismissed/has been permanently transferred to . ../has

resigned finally from Government service/has resigned service

under .Government to take up appointment

with and his/her resignation has been accepted with effect

from ...forenoon/afternoon. He/she joined service with

.on ..forenoon/afternoon.

3. The last fund deduction was made from his/her pay in the Office Bill No

dated for Rs. (Rupees ),

Treasury Voucher No .of .Treasury, the

amount of deduction being Rs and recovery on account of refund of

advance Rs .

4. Certified that he/she had taken the following advances in respect of

which ..instalment of Rs are yet to be recovered

and credited to the Fund Account. The details of advance(s)/ withdrawal(s) granted to

him/her during the twelve months immediately preceding the date of his/her quitting

service/proceeding on leave preparatory to retirement or thereafter are also indicated

below -

Serial Number

Amount of Advances/Withdrawal

Place of encashment Voucher Number and

Date

1.

2.

3.

4.

72

5. Certified that he/she has not resigned from Government service with prior

permission of the State Government to take up an appointment in Central Government

or under State Government or under a body corporate owned or controlled by the

State.

6. Certified that no advance/withdrawal will be sanctioned to the subscriber

henceforth without the concurrence of Accountant General, Haryana.

7. Certified that the subscriber/claimant submitted the application on .

Date ..Month . Year.

(Signature of Head of Office)

73

Form PF No. 6 (see rule 24)

Application for Final Payment o the Nominees or Any Other Claimants Where no Nomination Subsists

To

The Accountant General, Haryana, Chandigarh. (Through the Head of office)

Sir,

It is requested that arrangements may kindly be made for the payment of the

accumulations in the General Provident Fund Account of

Sh./Ms .. .. The necessary

particulars required in this connection are given below: -

1. Name of the Government employee

2. Date of birth

3. Post held by the Government employee

4. Date of death

5. Proof of death in the form of a death certificate:

(issued by the municipal authorities, etc.)

6. General Provident Fund Account Number of subscriber (Complete)

7. Amount at the credit of the subscriber at

the time of his death, if known

8. Details of the nominees alive on the date of

death of the subscriber, if a nomination

subsists:

Name of the Relationship with Share of the Remarks Nominee the subscriber nominee 1 . .

2 . . .

.

74

3 . . .

.

9. In case the nomination is in favour of person other than a member of the family, the details of the family, if the subscriber subsequently acquired a family: Name of the Relationship with Age on the date Remarks Nominee the subscriber of death 1 . .

2 .

.

3 . .

.

10. In case no nomination subsists, the details of the surviving members of the family on the date of death of the subscriber. In the case of a daughter or of a daughter of a deceased son of the subscriber married before the death of the subscriber, it should be stated against her name whether her husband was alive on the date of death of the subscriber: Name Relationship with Age on the date Remarks the subscriber of death 1 .. . .

2 .

.

3 . .

.

11. Name of the Natural/legal guardian: (in case the amount is due to a minor child) 12. If the subscriber has left no family and no nomination

75

subsists, the names of persons to whom the Provident Fund money is payable (to be supported by letter of Probate or succession certificate etc.) Name Relationship with Address Remarks the subscriber 1 . .

2 .

.

3 . .

.

13. The payment is desired through the office of /through the Treasury/ Sub-Treasury. In this connection the following documents duly attested by a Gazetted Officer/ Magistrate are attached: -

(i) Personal marks of identification (ii) Left/Right Hand thumb or finger impressions

(in the case of illiterate claimants) (iii) Specimen signatures in duplicate (in the

Case of literate claimants) Yours faithfully Place .. (Signature of claimant) Dated: (Full Name and Address)

(For Use of Head of Office) Forwarded to the Accountant General, Haryana for necessary action. The particulars furnished above have been duly verified.

2. The General Provident Fund Account number of Sh./Ms. is

3. He/she died on .A death certificate issued by the Municipal authorities has been produced (copy enclosed). 4. The last General Provident Fund deduction was made from his/her pay for the month of drawn vide Treasury Voucher No .., dated .. in this Office Bill No , dated for Rs . Rupees ...)Treasury Challan No .dated .Treasury, the amount of deduction being Rs .. and recovery amount being Rs ... 5. Certified that he/she had taken the following advances in respect of

which ..instalment of Rs are yet to be recovered

76

and credited to the Fund Account. The details of the withdrawals granted to him/her

her during the twelve months immediately preceding the date of his/her death are also

indicated below -

Serial Number

Amount of Advances/Withdrawals

Place of encashment Voucher Number and

Date

1.

2.

3.

4.

6. Certified that the claimant submitted the application on .date .month .....year. (Signature of the Head of office)

77

Form PF No. 7 Sanction Order for Advance

(see rule 15)

Sanction is hereby accorded under rule of Haryana General Provident

Fund Rules for the grant of an advance of Rs (Rupees

..only) to Shri/Ms. .. from his/her

General Provident Fund Account Number .to enable him/her to defray

charges on account of .

2. The advance will be recovered in . ..monthly

instalments of Rs ..each, commencing from the salary of next month

succeeding the drawal month ..

3. The balance at the credit of Shri/Ms . as on the date

of sanction is detailed below: -

(i) Balance as per General Provident Fund Statement for the year___________ Rs.

(ii) Subsequent deposits Rs.

(iii) Total of column (i) and (ii) Rs.

(iv) Subsequent advance/withdrawals, if any Rs.

(v) Balance as on date of sanction column {(iii) minus (iv)} Rs.

(Name) Dated: Head of Office Endst. No. Dated: Copy forwarded to: 1. The Accountant General (Accounts and Entitlement), Haryana, Chandigarh for information and to make a note in the ledger account of the subscriber. 2. Shri . . His attention is drawn to the provisions of the rule ... .of Fund rules according to which a subscriber who has been permitted to withdraw money from the fund should satisfy the sanctioning authority that the money has been utilized for the purpose for which it was withdrawn. A certificate to the effect that the amount withdrawn has been utilized for the purpose for which it was sanctioned be furnished within one month from the date of drawal. 3. Treasury Officer, ____________________________. (Signature)

78

Form PF No. 8 Sanction Order for Withdrawal

(see rule 18) Sanction is hereby accorded under rule _______________of the Haryana General Provident Fund Rules to Sh/Ms . . .(here enter the name and designation) for withdrawal of an amount of Rs . .. (Rupees .....only) from his / her General Provident Fund Account No .. to enable him/her to meet expenditure in connection with . 2. The amount of withdrawal is with in the limits as prescribed in the conditions meant for this withdrawal 3. The balance at the credit of Shri/Ms. .. .. as on the date of sanction is detailed below: - (i) Balance as per General Provident Fund statement for the year .. Rs.

(ii) Subsequent deposits Rs.

(iii) Total of columns (i) and (ii) Rs.

(iv) Subsequent advances/withdrawals, if any Rs.

(v) Balance as on date of sanction columns {(iii) minus (iv)} Rs.

Dated: (Name) Head of Department Endst. No._________________________ Dated: ____________ Copy forwarded to: 1. The Accountant General (Accounts and Entitlement), Haryana, Chandigarh for information and to make a note in the ledger account of the subscriber. 2. Shri .. . His attention is drawn to the provisions of the rule ... .of General Provident Fund rules according to which a subscriber who has been permitted to withdraw money from the Fund should satisfy the sanctioning authority that the money has been utilized for the purpose for which it was withdrawn. A certificate to the effect that the amount withdrawn has been utilized for the purpose for which it was sanctioned be furnished within . months from the date of drawal. 3. Head of office __________________. 4. Treasury Officer, ________________. (Signature of Head of Department)

79

APPENDIX-A

[see rule 3 (2)]

THE PROVIDENT FUNDS ACT, 1925

AN ACT TO AMEND AND CONSOLIDATE THE LAW RELATING TO GOVERNMENT AND OTHER PROVIDENT FUNDS. Whereas it is expedient to amend and consolidate the law relating to

Government and other Provident Fund. It is hereby enacted as follows: -

1. Short title, extent and commencement: - (1) This Act may be called the

Provident Fund Act, 1925.

(2) It extends to the whole of India except the State of Jammu and Kashmir.

(3) It shall come into force on such date as the Central Government may, by

notification in the Official Gazette, appoint.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or

context, -

(a) “compulsory deposit” means a subscription to, or deposit in, a Provident

Fund which, under the rules of the Fund, is not, until the happening of

some specified contingency, repayable on demand otherwise than for

the purpose of the payment of premia in respect of a policy of life

insurance or the payment of subscription or premia in respect of a family

pension fund, and includes any contribution and any interest or

increment which has accrued under the rules of the Fund on any such

subscription, deposit or contribution, and also any such subscription,

deposit, contribution, interest or increment remaining to the credit of the

subscriber or depositor after the happening of any such contingency;

(b) “contribution” means any amount credited in a Provident Fund, by any

authority administering the Fund, by way of addition to, a subscription to,

or deposit or balance at the credit of an individual account in the Fund;

and “Contributory Provident Fund” means a Provident Fund the rules of

which provide for the crediting of contributions;

80

(c) “dependent” means any of the following relatives of a deceased

subscriber to or a depositor in, a Provident Fund, namely, a wife,

husband, parent, child, minor brother, unmarried sister and a deceased

son’s widow and child, and, where no parent of subscriber or depositor

is alive, a paternal grandparent;

(d) “Government Provident Fund” means a Provident Fund, other than a

Railway Provident Fund, constituted by the authority of the Secretary of

State, the Central Government, the Crown Representative or any State

Government for any class or classes of persons in the service of the

Government or of persons employed in educational institutions or

employed by bodies existing solely for educational purposes, and

references in this Act to the Government shall be construed accordingly;

(e) “Provident Fund” means a fund in which subscriptions or deposits of any

class or classes of employees are received and held on their individual

accounts, and includes any contributions and any interest or increment

accruing on such subscriptions, deposits or contributions under the rules

of the Fund;

(f) "Railway administration” means –

(i) any company administering a railway or tramway in any part of

India either under a Special Act of Parliament of the United

Kingdom or an Indian law, or under contract with the Government,

or

(ii) the Manager of any railway or tramway administered by the

Central Government or by a State Government, and includes, in

any case referred to in sub-clause (ii) the Central Government or

the State Government, as the case may be;

(g) “Railway Provident Fund” means a Provident Fund constituted by the

authority of a Railway administration for any class or classes of its

employees.

81

3. Protection of compulsory deposit. - (1) A compulsory deposit in any Government or Railway Provident Fund

shall not in any way be capable of being assigned or charged and shall

not be liable to attachment under any decree or order of any Civil,

Revenue or Criminal Court in respect of any debt or liability incurred by

the subscriber or depositor, and neither the official Assignee nor any

receiver appointed under the Provincial Insolvency Act, 1920 (5 of

1920), shall be entitled to, or have any claim on any such compulsory

deposit.

(2) Any sum standing to the credit of any subscriber to, or depositor in, any

such Fund at the time of his decease and payable under the rules of the

Fund to any dependent of the subscriber or depositor, or to such person

as may be authorized by law to receive payment on his behalf, shall,

subject to any deduction authorized by this Act and, save where the

dependent is the widow or child of the subscriber or depositor, subject

also to the rights of an assignee under an assignment made before the

commencement of this Act, vest in the dependent, and shall, subject as

aforesaid, be free from any debt or other liability incurred by the

deceased or incurred by the dependent before the death of the

subscriber or depositor.

4. Provisions regarding repayment. - (1) When under the rules of any Government or Railway Provident Fund the

sum standing to the credit of any subscriber or depositor, or the balance

thereof after the making of any deduction authorized by this Act, has

become payable, the officer whose duty it is to make the payment shall

pay the sum or balance, as the case may be, to the subscriber or

depositor, or, if he is dead, shall –

(a) if the sum or balance, or any part thereof, vests in a dependent

under the provisions of section 3, pay the same to the dependent

82

or to such person as may be authorized by law to receive

payment on his behalf; or

(b) if the whole sum or balance, as the case may be, does not

exceed five thousand rupees, pay the same, or any part thereof,

which is not payable under clause (a) to any person nominated to

receive it under the rules of the Fund, or, if no person is so

nominated, to any person appearing to him to be otherwise

entitled to receive it; or

(c) in the case of any sum or balance, or any part thereof, which is

not payable to any person under clause (a) or clause (b) pay the

same, –

(i) to any person nominated to receive it under the rules of the

Fund, on production by such person of probate or letters of

administration evidencing the grant to him of administration

to the estate of the deceased or a certificate granted under

the Succession Certificate Act, 1889 (VII of 1889), or under

the Bombay Regulation VIII of 1827, entitling the holder

thereof to receive payment of such sum, balance or part, or

(ii) where no person is so nominated, to any person who

produces such probate, letters or certificates:

Provided that, where the whole or any part of any sum standing to the

credit of the subscriber or depositor has been assigned to any other person

before the commencement of this Act, and notice in writing, of the assignment

has been received by the officer from the assignee, the officer shall, after

making any deduction authorized by this Act, and any payment due under

clause (a) to or on behalf of the widow or children of the subscriber or depositor

–

(i) if the subscriber or depositor or, if he is dead, the person to whom

in the absence of any valid assignment the sum or balance would

be payable under this sub-section gives his consent in writing,

pay the sum or part of the balance thereof, as the case may be,

to the assignee, or –

83

(ii) if such consent is not forthcoming, withhold payment of the sum,

part of balance, as the case may be, pending a decision of a

competent Civil Court as to the person entitled to receive it.

(2) The making of any payment authorized by sub-section (I) shall be a full

discharge to the Government or the Railway administration, as the case

may be, from all liability in respect of so much of the sum standing to the

credit of the subscriber or depositors as is equivalent to the amount so

paid.

5. Rights of nominees.–

(1) Notwithstanding anything contained in any law for the time being in force

or in any disposition, whether testamentary or otherwise, by a subscriber

to, or depositor in, a Government or Railway Provident Fund of the sum

standing to his credit in the Fund, or of any part thereof, where any

nomination, duly made in accordance with the rules of the Fund,

purports to confer upon any person the right to receive the whole or any

part of such sum on the death of the subscriber or depositor occurring

before the sum has become payable or before the sum, having become

payable, has been paid, the said person shall, on the death as aforesaid

of the subscriber or depositor, become entitled, to the exclusion of all

other persons, to receive such sum or part thereof, as the case may be,

unless –

(a) such nomination is at any time varied by another nomination made in

like manner or expressly cancelled by notice given in the manner and to

the authority prescribed by those rules, or

(b) such nomination at any time becomes invalid by reason of the

happening of some contingency specified therein and if said person

predeceases the subscriber or depositor, the nomination shall, so far as

it relates to the right conferred upon the said person, become void and of

no effect:

Provided that where provision has been duly made in the nomination in

accordance with the rules of the Fund, conferring upon some other person such

84

right instead of the person deceased, such right shall, upon the decease as

aforesaid of the said person, pass to such other person.

(2) Notwithstanding anything contained in the Indian Succession Act, 1925 or the

Bombay Regulation VIII of 1827, any person, who becomes entitled as

aforesaid, may be granted a certificate under that Act or that Regulation, as the

case may be, entitling him to receive payment of such sum or part, and such

certificate shall not be deemed to be invalidated or superseded by any grant to

any other person of probate or letters of administration to the estate of the

deceased.

(3) The provisions of this section as amended by sub-section (1) of section 2 of the

Provident Funds (Amendment) Act, 1946 also shall apply to all such

nominations made before the date of the commencement of that Act:

Provided that the provisions of this section as so amended shall not

operate to affect any case, in which before the said date any sum has been

paid, or has under the rules of the Fund become payable in pursuance of any

nomination duly made in accordance with those rules.

6. Power to make deductions.– When the sum standing to the credit of any

subscriber or depositor in any Government or Railway Provident Fund which is a

Contributory Provident Fund becomes payable, there may, if the authority specified in

this behalf in the rules of the Fund so directs, be deducted therefrom and to

Government or the Railway administration, as the case may be –

(a) any amount due under a liability incurred by the subscriber or depositor

to Government or the Railway administration, but not exceeding in any

case the total amount of any contributions credited to the account of the

subscriber or depositor and of any interest or increment which has

accrued on such contributions; or

(b) where the subscriber or depositor has been dismissed from his

employment for any reasons specified in this behalf in the rules of the

Funds, or where he has resigned such employment within five years of

the commencement thereof, the whole or any part of the amount of any

such contributions, interest and increment.

85

6-A. Withholding or recovery of Government Contributions in case of Central Government Officers taking up, without prior permission, commercial employment within two years of their retirement. -

(I) In this section, unless the context otherwise requires, –

(a) “Central Government Officers” means a subscriber to, or

depositor in, a Contributory Fund constituted by the Central

Government, who, immediately before his retirement, is a

member of a Central Service Class I, but does not include an

officer appointed under a contract of service for a specified term.

(b) “Commercial employment” means employment in any capacity

(including that of an agent) under any company, co-operative

society, firm or individual engaged in trading, commercial,

industrial, financial or professional business and includes also -

(i) a directorship of a company;

(ii) the holding of any office, whether elective or otherwise,

such as that of president, chairman, manager, secretary,

treasurer, by whatever name called in a co-operative

society; and

(iii) the setting up of practice, either independently or as

partner of a firm, as adviser or consultant in matters in

respect of which the Central Government Officer, –

(A) has no professional qualifications and the matters in

respect of which the practice is to be set up or is

carried on are relatable to his official knowledge or

experience, or

(B) has professional qualification, but the matters in

respect of which such practice is to be set up are

such as are likely to give his clients an unfair

advantage by reason of the posts held by him under

the Central Government, or

(C) has to undertake work involving liaison or contract

with the offices or officers of Central Government,

86

but does not include employment in or under a corporation or company

wholly or substantially owned or controlled by Government or

employment in or under a body controlled or financed wholly or

substantially by Government;

(c) “Government contributions” means contributions made after the

commencement of the Provident Funds (Amendment) Act, 1975, in

respect of any period after such commencement, by the Central

Government or by a State Government or by a local authority within the

meaning of the Local Authorities Loans Act, 1914;

(d) “prescribed” means prescribed by rules made by the Central

Government by notification in the Official Gazette.

(2) No Central Government officer shall have any right to the Government

contributions made to his credit in a Contributory Provident Fund in any case

where he takes up commercial employment at any time before the expiry of two

years from the date of his retirement without the prior permission of the Central

Government.

EXPLANATION 1.- For the purposes of this sub-section and sub-section (7), “date of

retirement” in relation to a Central Government officer re-employed after retirement

without any break either in the same or any other class I post under the Central

Government or any other equivalent post under a State Government, shall mean the

date on which such Central Government Officer finally ceases to be re-employed in

Government service.

EXPLANATION 2.- A Central Government officer permitted by the Central

Government to take up a particular commercial employment during his leave

preparatory to retirement shall be deemed, for the purposes of this sub-section, to

have obtained prior permission of the Central Government for his continuance in such

employment after retirement.

(3) Subject to the provisions of sub-section (4), the Central Government may, by

order in writing, on an application made in the prescribed form by a Central

Government officer, grant subject to such conditions, if any, as it may deem

necessary, permission, or refuse, for reasons to be recorded in the order, permission,

to such officer to take up the commercial employment specified in the application.

87

(4) In granting or refusing permission under this section to a Central Government

officer for taking up any commercial employment, the Central Government shall have

regard to the following factors, namely: -

(a) the nature of the employment proposed to be taken up and the

antecedents of the employer;

(b) whether his duties in the employment which he proposes to make up

might be such as to bring him into conflict with Government;

(c) whether the officer while in service had any such dealing with the

employer under whom he proposes to seek employment as might afford

a reasonable basis for the suspicion that such officer had shown favour

to such employer;

(d) any other relevant factors which may be prescribed.

(5) Where within a period of sixty days of the date of receipt of an application

under sub-section (3), the Central Government does not refuse to grant the

permission applied for or does not communicate the refusal to the applicant, the

Central Government shall be deemed to have granted the permission applied for.

(6) Where the Central Government grants the permission applied, for subject to

any conditions or refuses such permission, the applicant may, within thirty days of the

receipt of the orders of the Central Government to that effect, make a representation

against any such condition or refusal and the Central Government may make such

orders thereon as it deems fit;

Provided that no order other than an order cancelling such condition or granting

such permission without any conditions shall be made under this sub-section without

giving the person making the representation an opportunity to show cause against the

order proposed to be made.

(7) If any Central Government officer takes up any commercial employment at any

time before the expiry of two years from the date of his retirement without the prior

permission of the Central Government or commits a breach of any condition subject to

which permission to take up any commercial employment has been granted to him

under this section, it shall be competent for the Central Government to declare by

order in writing and for reasons to be recorded therein that he shall not be entitled to

such part of the Government contributions made in relation to such officer as may be

specified in the order and if he has received payment thereof, to direct that he shall

88

refund to the Central Government an amount equivalent to such part of the

Government contributions:

Provided that no such order shall be made without giving the officer concerned

an opportunity of showing cause against such declaration or direction:

Provided further that in making any order under this sub-section, the Central

Government shall have regard to the following factors, namely:

(i) the financial circumstances of the officer concerned;

(ii) the nature of, and the emoluments from, the commercial employment taken

up by the officer concerned;

(iii) such other relevant factors as may be prescribed.

(8) Any amount required to be refunded by an order under sub-section (7) may, if it

is not refunded within the prescribed period, be recovered as arrears of land revenue.

(9) Every order passed by the Central Government under this section shall be

communicated to the officer concerned.

(10) The provisions of this section shall have effect notwithstanding anything to the

contrary contained in any other provision of this Act or the rules applicable to any

contributory provident fund.

(11) Every rule made by the Central Government under this section shall be laid, as

soon as may be after it is made, before each House of Parliament, while it is in

session, for a total period of thirty days which may be comprised in one session or in

two or more successive sessions, and if, before the expiry of the session immediately

following the session, or the successive sessions aforesaid, both Houses agree in

making any modification in the rule or both Houses agree that the rule should not be

made, the rule shall thereafter have effect only in such modified form or be of no

effect, as the case may be; so, however, that any such modification or annulment shall

be without prejudice to the validity of anything previously done under that rule.

7. Protection for acts done in good faith – No suit or other legal proceeding

shall lie against any person in respect of anything which is in good faith done or

intended to be done under this Act.

8. Power to apply the Act to the Provident Fund – (1) The appropriate

Government may, by notification in the Official Gazette, direct that the provisions of

this Act exception section 6-A shall apply to any Provident Fund established for the

89

benefit of its employees by any local authority within the meaning of the Local

Authority Loans Act, 1914, and on the making of such declarations, this Act shall

apply accordingly, as if such Provident Fund were a Government Provident Fund and

such local authority were the Government.

(2) The appropriate Government may, by notification in the Official Gazette, direct

that the provisions of this Act (except section 6-A) shall apply to any Provident Fund

established for the benefit of the employees of any of the institutions specified in the

Schedule, or of any group of such institutions and, on the making of such declaration,

this Act shall apply accordingly, as if such Provident Fund were a Government

Provident Fund and the authority having custody of the Fund were the Government:

Provided that section 6 shall apply as if the authority making the contributions

referred to in that section were the Government.

(3) The appropriate Government may, by notification in the Official Gazette, add to

the Schedule the name of any public institution it may deem fit, and any such addition

shall take effect as if it had been made by this Act.

(4) In this section, “the appropriate Government” means -

(a) in relation to a cantonment authority, a port authority for a major port,

and any institution which, or the objects of which, appear to the Central

Government to fall within List I in the Seventh Schedule to the

Constitution, the Central Government; and

(b) in other cases, the State Government.

EXPLANATION – “The State Government” in relation to an institution registered

under the Societies Registration Act, 1860 (XXI of 1860) means the State Government

of the State in which the Society is registered.

9. Savings as to estates of soldiers – Nothing in section 4 or section 5 shall

apply to money belonging to any estate for the purpose of the administration of which

the Regimental Debts Act, 1893, applies.

10. Repeals.- [Repealed by the Repealing Act, 1927(12 of 1927), S.2 and Sch.]

THE SCHEDULE

(Not added)

90

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART V

Travelling Allowance Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of the

powers conferred by the proviso to Article 309 of the Constitution of India, as under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to punishment

and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from the

partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time, till

date before the updation in the present form, and these rules have been brought out in

VIII parts, as detailed above, for the sake of convenience and facility for easy handling

of the books to the readers.

4. These rules will apply to Government employees belonging to the categories

mentioned in rule 1.2 of Part I – General Rules of these rules from the date of issue of

this publication.

3

5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana

Government. However, they will be governed by the rules issued by the President of

India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a separate

new series “GR, LR and PF” (abbreviation for General Rules, Leave Rules, Provident

Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making competent

authority for interpretation, modification and changes in the existing rules contained in

Haryana Civil Services Rules, Part I to VI and the Chief Secretary, General

Administration Department is the competent rule making authority for Part VII -

Government Employees Conduct Rules and Part VIII - Punishment and Appeal Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh Bishnoi,

Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-writing and

re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules,

are requested to bring them to the notice of their Head of Departments, who will please

submit their proposals to the Finance Department, through the Administrative

Department concerned for Part I to VI and to the Chief Secretary, General

Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

The Haryana Civil Services Rules,

Part V - Travelling Allowance Rules

Chapter I – Preliminary

Section – I

Short title and commencement: -

1.1.(a) These rules may be called the Haryana Civil Services Rules, Part V –

Travelling Allowance Rules, 2012.

(b) These rules have been issued by the Governor of Haryana under proviso to

Article 309 of the Constitution of India.

(c) They shall come into force on the date of their publication in the official gazettee.

Section - II

Definitions and Extent of Application: -

1.2. (a) The terms defined in Chapter II of Haryana Civil Services Rules, Part I –

General Rules of these rules, unless there is anything repugnant in the subject or

context, have the same meaning and implications when used in this part.

(b) The term “Head of Department” as used in this part means the authority shown in

Appendix D to the Punjab Budget Manual in respect of the Government employees

whose pay is debited to the corresponding head of account in the Appendix, with the

following exceptions:-

(1) His Excellency the Governor is Head of the Department with respect to himself and

his personal staff.

(2)Commissioners are Heads of Departments with respect to the Government servants

whose pay is debited to the Head “2053- 51- 101-99- 51, “District Administration-

Commissioners.” Commissioners are also Heads of Departments with respect to

Government employees whose pay is debited to the Head “9- Land Revenue- Survey,

Settlement and Record Operations” for purposes of note I below rule 2.20.

5

1.3. These rules shall apply to all Government employees as defined in Rule 1.2 of

Haryana Civil Services Rules, Part I – General Rules. The travelling allowance of the

members of the All India Services, serving in connection with the affairs of Haryana

State, shall also be regulated by these rules.

1.4. The Travelling Allowance Rules contained in Punjab Civil Services Rules,

Volume III are hereby repealed. Anything done or any action taken under rules so

repealed, shall be deemed to have been done or taken under the corresponding

provisions of these rules.

6

Chapter II - Travelling Allowance Rules

Section I - General

2.1. The following are the different kinds of travelling allowances, which may be

drawn in different circumstances by Government employees:-

(a) Permanent travelling allowance.

(b) Conveyance allowance.

(c) Mileage allowance.

(d) Daily allowance.

(e) The actual cost of travelling.

The nature of these allowances and the method of calculating them are explained in the

subsequent sections.

Note. - The term “mileage allowance” shall mean an allowance admissible in the shape

of road mileage for performing a journey by road on a vehicle and to be calculated in

Kilometer.

2.2. The travelling allowance admissible to a Government employee for any journey

is calculated with reference to the purpose of the journey in accordance with the rules

2.28 to 2.75 laid down in Sections VI to XIX. A competent authority may direct a

government employee to perform a journey in the interest of the public service for any

purpose not specified in these rules. The travelling allowance in such a case will be that

admissible for a journey on tour, unless a special rate is sanctioned by a competent

authority.

2.3. A Government employee’s claims to travelling allowance should be regulated by

the rules in force at the time the journeys in respect of which they are made, or

undertaken. The travelling allowance of a government employee, who is promoted or

reverted or is granted an increased rate of pay with retrospective effect, should not be

revised in respect of the period intervening between the date of the promotion or

reversion or grant of increased rate of pay and that on which it is notified except where

the employee concerned had been actually performing the duties of the post to which

he is promoted or from which he is reverted with retrospective effect.

Revision of travelling allowance due to promotion or reversion.

Travelling allowances calculated with reference to the purpose of the ourney.

General Rule

7

2.4. The Government employee claiming a false travelling allowance shall be liable to

disciplinary proceedings for major penalties under the Punishment and Appeal Rules,

2012 contained in Part VIII of Haryana Civil Services Rules. The minimum punishment

for such false claims/drawls shall be dismissal from service. The following category of

cases amounts to a false drawl of travelling allowance:

(i) Charging travelling allowance for a journey not actually performed.

(ii) Charging by a higher class as per entitlement when a journey was actually

performed in a lower class.

(iii) Charging travelling allowance on transfer by submitting false certificate and bogus

receipts in respect of transportation of luggage.

(iv) Charging conveyance allowance without maintaining a conveyance as prescribed

under the rules.

(v) Charging road mileage when the journey is not actually performed by own vehicle.

Section II- Permanent Travelling Allowance

2.5. A permanent monthly travelling allowance may be granted by a competent

authority to any Government employee whose duties require him to travel extensively.

Such an allowance is granted in lieu of all other forms of travelling allowance for

journeys within the Government employee’s sphere of duties and is drawn all the year

round along with salary. This allowance shall not be drawn during regular leave,

suspension, joining time and training etc. The permanent monthly travelling allowance,

whenever sanctioned, shall be minimum of Rs. 100/- and maximum of Rs. 600/-.

2.6. In order to prevent permanent travelling allowance being turned into a source of

profit, a controlling officer may in any month reduce the amount of allowance if, in his

opinion, a Government employee is neglecting the due performance of the duties for

which he receives the allowance. This power should be used with due regard to the fact

that the allowance is based on an average of the whole year, and, therefore, the

allowance should not be reduced with reference to touring done in any single month but

on evidence of habitual neglect of touring and after the Government employee has

been warned.

Conditions of grant

8

2.7. When a Government employee holds two or more posts to each of which a

permanent travelling allowance is attached, he may be granted such permanent

travelling allowance not exceeding the total of all the allowances, as the competent

authority may consider to be necessary, in order to cover the travelling expenses which

he has to incur.

2.8. A Government employee in receipt of permanent travelling allowance may not

draw any other travelling allowance in place of, or in addition to, permanent travelling

allowance unless authorised to travel beyond sphere of duty. When authorised to travel

beyond sphere of duty he shall draw travelling allowance as on tour bearing no impact

on permanent travelling allowance.

Section III – Conveyance Allowance

2.9. A competent authority may grant, on such conditions as it thinks fit to impose, a

monthly conveyance allowance to any Government employee, who is required to travel

extensively at or within a short distance of 8 kilometer radius from his headquarters

under conditions which do not render him eligible for daily allowance. The conveyance

allowance is subject to maintenance of certain conveyance and controlling officer

should also from time to time satisfy himself that this is fulfilled.

2.10. (1) Except as otherwise provided in these rules and unless the authority

sanctioning it otherwise directs, a conveyance allowance is drawn all the year round

and is not forfeited during absence from headquarters and may be drawn in addition to

any other travelling allowance admissible under the rules. The conveyance allowance

shall be drawn in accordance with the provisions of Rule 7 of Haryana Civil Services

Rules, Part VI – Other Compensatory Allowances Rules.

(2) The Travelling Allowance of a Government employee, who is in receipt of a

conveyance allowance, for journeys beyond a radius of 8 kilometers from headquarters,

shall be regulated as on tour.

(3) It is open to the controlling officer to reduce the conveyance allowance in any

month if the government employee appears to be neglecting the duties for the

performance of which the allowance was granted.

Combination of posts

Travelling allowance in addition to or in exchange for permanent travelling allowances.

When drawn

Conditions of grant

9

2.11. A certificate shall be submitted every month by Government employee to the

effect that the conveyance in respect of which allowance is to be drawn is his own

property, and was maintained at the station of duty by him during the period from

to .

Section IV- Grades of Government Employees

2.12. The Government employees are divided into five grades for the purpose of

entitlement and calculating of travelling allowance, as under: -

Grade- I Employees drawing Grade Pay of Rs.

10,000/- or above and those who are in

the pay scale of HAG+ or above.

Grade- II Employees drawing Grade Pay of

Rs. 8,900 to 9,800.

Grade- III Employees drawing Grade Pay of

Rs. 4,600 to 8,800.

Grade- IV Employees drawing Grade Pay of

Rs. 2,500 to 4,200.

Grade- V Employees drawing Grade Pay of

Rs. 1,300 to 2,400.

Note 1.- The Grade Pay in the revised pay structure shall determine the gradation of

Government employees for the purpose of Travelling and Daily Allowance.

Note 2.- The grade to which a retired Government employee belongs on his re-

employment shall be determined as under:-

(a) where a pension is held in abeyance during the period of re-employment, the grade

of the re-employed pensioner shall be determined in accordance with the grade pay

actually received during re-employment.

(b) The grade of re-employed civil or military pensioner, whose pay on re-employment

has been fixed under rules 7.10 (b) and (d) of Haryana Civil Services Rules, Part III –

Pension Rules, shall be determined on the basis of Grade Pay, which was actually

being paid before re-employment.

10

2.13. A Government employee in transit from one post to another would rank in the

grade to which the lower of the two posts would entitle him.

2.14. A Government employee who is not retained whole time for the public service, or

who is remunerated wholly or partly by fees, ranks in such grade as a competent

authority may declare.

Section V- Daily and Mileage Allowance

(i) General

2.15. A daily allowance is a uniform allowance for each day or part of a day spent

away from headquarters, which is intended to cover the ordinary daily charges incurred

by a Government employee in consequence of such absence.

Unless in any case it be otherwise expressly provided in these rules, it may be

drawn while on tour by every Government employee whose duties require that he

should travel, and may not be drawn except while on tour.

2.16. A mileage allowance is an allowance calculated on the distance travelled which

is given to meet the cost of a particular journey on the following principles:-

(a) For the purpose of calculating mileage allowance, a journey between two places is

held to have been performed by the shortest of two or more practicable routes or by the

cheapest of such routes as may be equally short; provided that, when there are

alternative routes and the difference between them in point of time and cost is not great,

mileage allowance should be calculated on the route actually used.

(b) The shortest route is that by which the traveller can most speedily reach his

destination by the ordinary modes of travelling. In case of doubt, a competent authority

may decide which shall be regarded as the shortest of two or more routes.

(c) If a Government employee travels by a route which is not the shortest, but is

cheaper than the shortest, his mileage allowance should be calculated on the route

actually used.

2.17. A competent authority may, for special reasons which should be recorded permit

road mileage to be calculated on a route other than the shortest: provided that the

journey is actually performed by such routes.

Definition of daily allowance and the rule as to its drawal

Definition and Principles of calculation of mileage allowance

vernment servants ransit from one post

another

t-time government vants etc.

Special concessions

11

2.18. A journey on transfer is held to begin or end at the actual residence of the

Government employee concerned. Any other journey is held to begin at the duty

point/residence as the case may be and end in any station at the duty point in that

station.

Explanation:- For the purposes of this rule ‘duty point’ at the headquarters means the

places or office where a Government employee remains on duty, i.e. the place of office

of employment at the headquarters. As for outstations the duty point shall be taken to

be the places/offices visited by the Government employee on duty.

Note.- Where a journey commences/ends at a station which is neither the Government

employee’s headquarters nor his place of duty, it may be treated to have

commenced/ended at his residence.

2.19. A Government employee is required to travel by the class of accommodation for

which travelling allowance is admissible to him. If a government employee travels in a

lower class of accommodation, he shall be entitled to the fare of the class of

accommodation actually used.

(ii) Entitlement of accommodation for different modes

2.20. The Government employees travelling by railway, steamer, bus, air and own

vehicle are entitled to class of accommodation according to the following scales: -

A – Entitlement of accommodation by Railway

Grade Journey by Train

Grade I (Grade Pay Rs. 10,000 and above) A.C. First Class or Executive Class

Grade II (Grade Pay Rs.8900-9800) A.C. First Class or Executive Class

Grade III (Grade Pay Rs.4600-8800) A.C. II Tier or A.C.Chair Car

Grade IV (Grade Pay Rs.2500-4200) A.C. III tier or Non A.C. Chair Car

Grade V (Grade Pay Rs.1300-2400) 2nd Class/2nd Class Sleeper

B- Entitlement of accommodation by steamer

Grade Journey by Sea or River Steamer

Different rates of different classes of journeys.

12

Grade I (Grade Pay Rs. 10,000 and

above)

Highest Class.

Grade II (Grade Pay Rs.8900-9800) Highest Class.

Grade III (Grade Pay Rs.4600-8800) If 2 Classes by lower, if 3 by middle, if

4 classes by third class.

Grade IV (Grade Pay Rs.2500-4200) As above to Grade III employees.

Grade V (Grade Pay Rs.1300-2400) By lowest Class.

Note .- In cases where the steamer company has two rates of fare, one inclusive and

one exclusive of diet, the word “fare” in the above rule should be held to mean fare

exclusive of diet.

C - Entitlement of accommodation by bus

Grade Journey by Road

Grade I (Grade Pay Rs. 10,000 and

above)

AC Bus including Volvo of Haryana

Roadways

Grade II (Grade Pay Rs.8900-9800) AC Bus including Volvo of Haryana

Roadways

Grade III (Grade Pay Rs.4600-8800)

(i) Officers in the Grade Pay of

Rs.8700/- .

(ii) Others

AC Bus including Volvo of Haryana

Roadways

AC Bus/Deluxe Bus

Grade IV (Grade Pay Rs.2500-4200) Ordinary Bus/Deluxe Bus

Grade V (Grade Pay Rs.1300-2400) Ordinary Bus

D- Entitlement of accommodation by air

Grade Journey by Air

Grade I (Grade Pay Rs. 10,000 and

13

above)

(i) Chief Secretary/ Addl.Chief

Secretary

(ii) Officers in HAG Scale

(iii) Officers in the grade pay of

Rs.10000

Business Class within India and/1st

class out of India.

Business Class within India and/1st

class out of India.

Economy Class within India and

premium economy class out of India.

Grade II (Grade Pay Rs.8900-9800) Economy Class (within or out of India).

Grade III (Grade Pay Rs.4600-8800)

(i) Officers in the grade pay of

Rs.8700/-

(ii) Others

Economy Class (within or out of India)

Economy Class (within or out of India)

Economy Class within India

Subject to condition mentioned in Note

3 and prior approval of the

Administrative Secretary for each

journey.

Grade IV (Grade Pay Rs.2500-4200) Economy Class (out of India only).

Grade V (Grade Pay Rs.1300-2400) Economy Class (out of India only).

Note 1.- All cases of Air travel both demestic and international where the Haryana

Government bears the cost of air passage, the officials concerned should prefer Air

India. The journey can be performed by private air lines other than Air India provided

the basic criteria for selecting airlines other than Air India should be better and more

competitive prices being offered by the other airlines. Various incentive schemes and

concessional fares offered by Air India shall also be fully utilized.

Note 2.- Each Govt. employee, who is undertaking demestic travel by air within his

entitled class, should endeavor to take advantage of the concessions being provided by

the airlines, to effect possible saving viz-a-viz the normal fares. Govt. employees should

14

try to make their booking in advance to the extent possible, so that benefits of

discounted fares can be obtained. However, the official work should not be deferred

because discounted fares are not available. Under no circumstances, the fares should

exceed the normal fare of the entitled class offered by Air India or their subsidiaries.

Govt. employees should book the ticket through the internet by using credit card. The

service charges of credit card shall be reimbursed.

Note 3.- Govt. employees of Grade III are entitled to travel by air within India provided

the distance involved is more than 500 Kms and the journey cannot be performed by

overnight by train. Prior approval of competent authority for each journey should be

obtained.

Note 4.- In case of journey by Air/A.C. Rail/A.C.Bus/Deluxe Bus, tickets shall be

appended to T.A. Bills. In case of Rail Journey by 1st Class/A.C.Chair Car, ticket/ticket

No./reservation slip, as the case may be, shall be produced. In the absence of ticket,

wherever requried, ordinary rail/bus fare will be given.

Note 5.- The actual cost of reservation and sleeper charges will be reimbursed in full.

Note 6.- There shall be no bar in undertaking a journey by any mode or in any category

above the respective entitlement of the employee provided that the claim filed for

reimbursement is voluntarily restricted to the said entitlement. However, in all such

cases the essential documents required to be submitted and essential conditions

required to be met in reference to the performance of journey by the mode and in the

category in which the journey was actually conductd shall have to be submitted along

with the claim. With this condition, henceforth, there shall be no pre-requirement of

seeking the approval of the competent authority for conducting a journey above the

entitlement. This provision will not be applicable if journey is performed by a

Government employee in his own car without prior approval of the competent authority

as per Note 3 below B(ii).

Note 7.- Travelling by air means journeys performed in the machine of a public air

trransport company regularly plying for hire, it does not include journeys performed by

private aeroplanes or air taxies.

15

Note 8.- In case air travel is urgent and necessary in the public interest, the competent

authority may grant permission to any Government employee to travel by air in

connection with a specified journey.

Note 9.- Heads of Departments, special secretaries and Joint Secretaries shall not

require any prior approval for journey by air and the condition of journey beyond 500

kilometers shall also not be applicable in their cases.

E - Entitlement for own vehicle for road mileage

Grade Journey by Taxi/Autorickshaw

Journey by own conveyance

Rate of Road Mileage

Grade I (Grade Pay Rs. 10,000 and above)

AC Taxi By own car Rs. 10/- pkm. (for own Car/AC Taxi) Rs. 8/- pkm. For non AC Taxi.

Grade II (Grade Pay Rs.8900-9800)

AC Taxi By own car Rs. 10/- pkm. (for own Car/AC Taxi) Rs. 8/- pkm. for non AC Taxi.

Grade III (Grade Pay Rs.4600-8800)

Non AC Taxi (with prior approval of the Heads of Offices for each journey)

By own car (with prior approval of the Heads of Offices for each journey)

Rs. 8/- pkm (for own car/Non AC Taxi).

Grade IV (Grade Pay Rs.2500-4200)

At prescribed rates of autorickshaw when journey is actually performed by autorickshaw, with prior approval of the Heads of Offices for each journey.

By own scooter/motor cycle (with prior approval of the Heads of Offices for each journey.

Rs. 6/- pkm (for own scooter/Motorcycle or by autorickshaw).

Grade V (Grade Pay Rs.1300-2400)

At prescribed rates of autorickshaw when journey is actually performed by autorickshaw, with prior approval of the Heads of Offices for each

By own scooter/motor cycle (with prior approval of the Heads of Offices for each journey.

Rs. 6/- pkm (for own scooter/Motorcycle or by autorickshaw).

16

journey. Any Govt. employee

-- -- @ Re.1.20 pkm if journey while on tour is performed by bicycle or on foot.

F - Entitlement for local journey within or outside the State

Grade Local Journey within or outside the State

Grade I (Grade Pay Rs. 10,000 and above)

AC/Non-AC Taxi charges of upto 50 Kms. per diem for travel within the city.

Grade II (Grade Pay Rs.8900-9800) AC/Non-AC Taxi charges of upto 50 Kms. per diem for travel within the city.

Grade III (Grade Pay Rs.4600-8800) Non AC Taxi or autorickshaw charges @ Rs. 8/- or Rs. 6/- pkm, as the case may be, limited to Rs. 150/- per diem for travel within the city.

Grade IV (Grade Pay Rs.2500-4200) Travel charges @ Rs. 6/- pkm limited to Rs. 100/- per diem for travel within the city.

Grade V (Grade Pay Rs.1300-2400) Travel charges @ Rs. 6/- pkm limited to Rs. 50/- per diem for travel within the city.

Any Govt. employee Re. 1.20 pkm if local journey while on tour is performed by bicycle or on foot..

Note 1.- ‘Own Conveyance’ does not mean and include ’any private conveyance’ of the

respective description. Such conveyance, whenever used for the purposes of claiming

reimbursement under these rules, must be ‘a registered personal vehicle in the name of

the employee concerned or in the name of the spouse of the employee concerned.’ The

registration number of the vehicle used must always be mentioned in the claim

preferred.

Note 2.- In all such cases where the journey is undertaken in own conveyance or it is

performed in hired conveyance, all ‘toll charges’ paid during the journey shall also be

admissible in addition to the road mileage. Such reimbursement must be claimed by

submitting the original receipt of payment of ‘Toll charges’. Care must accordingly be

taken to pay all ‘toll charges’ en-route the journey and obtain receipts and submit it in

17

original along with the claim of reimbursement/mileage otherwise admissible. The

photocopy of the toll tax paid en-route shall be retained for personal record.

Note 3.- If the entitlement happens to be to travel in A.C. II Tier in Train and does not

permit ‘journey by own car’ but the journey is actually performed in ‘own car’, the

reimbursement shall be restricted to the fare equivalence of A.C. II Tier but while

preferring the claim of reimbursement to the said extent of entitlement, the papers

required to be submitted with reference to ‘journey by own car’ while meeting all the

necessary requirement thereof shall have to be submitted/met in the manner prescribed

by ‘journey by own car’ and if such compliances with reference to ‘journey by own car’

are deficient in any manner, the reimbursement restricted to the entitlement shall not be

made.

(iii) Actual fare and mileage allowance

2.21. The Government employees shall be entitled to actual fare and mileage

allowance for the different journeys as under:-

A – For journey by rail, bus, steamer and air

In case of travelling by rail, bus, steamer and air the actual fare of the class in which

he is entitled to travel or actually travelled whichever is less.

B - Journey by own vehicle

The Government employee performing journey by his own vehicle as per entitlement or

by a vehicle lower to the entitlement shall be entitled to the mileage allowance for the

vehicle actually used or entitled whichever is less. The rate of mileage allowance for

travelling by own car and scooter/motorcycle as per entitlement shall be as per clause E

of Rule 2.20 (ibid), which includes fare as well as all maintenance charges of the

vehicle.

C - Local journey

The Govt. employees shall be paid mileage allowance for local journeys performed on

tour within the State or outside the State, as per entitlement mentioned in clause F of

the Rule 2.20 (ibid) for Taxi/Car/autorickshaw or other mode of conveyance for journeys

18

between office/residence and bus stand/railway station/Airport at headquarters and also

at the duty station between bus stand/railway station/Airport and the place of

duty/residence. The actual expenses as per entitlement shall be reimbursable for local

journeys performed on tour out side the State, on the basis of certificate given by the

Government employee mentioning the places of local journey visited in the public

interest.

(iv) Rates of Daily Allowance

2.22(a). The Government employees shall be entitled to daily allowance for travelling

within the State at normal rates as shown in column number 2, and for towns outside

the State at the rate shown in column number 3 of table mentioned below:-

Grade In any town/ city in Haryana including Chandigarh

In any town / city outside Haryana/Chandigarh

1 2 3 Grade I (Grade Pay Rs. 10,000 and above)

Rs. 300/- per day Rs. 500/- per day

Grade II (Grade Pay Rs.8900-9800)

Rs. 240/- per day Rs. 400/- per day

Grade III (Grade Pay Rs.4600-8800)

Rs. 200/- per day Rs. 300/- per day

Grade IV (Grade Pay Rs.2500-4200)

Rs. 160/- per day Rs. 200/- per day

Grade V (Grade Pay Rs.1300-2400)

Rs. 140/- per day Rs. 160/- per day

(b) The Govt. employee shall be entitled to daily allowance for the journey

performed in Govt. Vehicle, own vehicle and taxi as under: -

Sr.No. Absence from Headquarters Daily allowance

admissible

1. Where absence from Headquarters is for

less than 6 hours

No daily allowance

2. Where absence from Headquarters is for 6

hours or more but less than 12 hours.

Half daily allowance

3 Where absence is for more than 12 hours Full daily allowance

19

but less than 24 hours.

Note.- 1. The rate of daily allowance shall be determined with reference to the locality

where the Government employee spends the succeeding night(s) of journey. The

Government employee who spends part of a day in one locality and part of it in a place

for which a different rate of daily allowance is admissible should be determined

according to the place where he spends the night succeeding such day.

Note 2.- In case the night(s) is spent enroute, the daily allowance shall be payable at

the normal rates as shown in column number 2 of table above.

(v) Reimbursement of Hotel charges and daily allowances at any place in the country

outside the Haryana State and Chandigarh

2.23. (1) Where a Government employee has to stay in accommodation run on

commercial line, the actual hotel/tourist bungalow expenses shall be reimbursable

maximum upto the following limits: -

Grade Entitlement of Reimbursement of Hotel

Charges/Commercial Guest Houses

accommodation plus Daily Allowance

Grade I (Grade Pay Rs. 10,000 and above)

Upto Rs. 5,000/- per day plus D.A. of

Rs. 500/- per day.

Grade II (Grade Pay Rs.8900-9800) Upto Rs. 4,000/- per day plus D.A. of

Rs. 400/- per day.

Grade III (Grade Pay Rs.4600-8800) Upto Rs. 3,000/- per day plus D.A. of

Rs. 300/- per day.

Grade IV (Grade Pay Rs.2500-4200) Upto Rs. 1,500/- per day plus D.A. of

Rs. 200/- per day.

Grade V (Grade Pay Rs.1300-2400) Upto Rs. 300/- per day plus D.A. of’

Rs. 160/- per day.

Note 1..- Reimbursement of Hotel/Commercial Guest House charges shall only be

admissible when the journey on tour involves overnight stay at destination(s)

20

Note 2.- All the Govt. employees who are entitled to stay in the Haryana Bhawan or any

other Rest House/Guest House facility maintained by the Government or its department

or PSUs/Agencies wholly or substantially owned or controlled by the Government of

Haryana, while on tour in the NCT of Delhi, shall, before availing the terms of Daily

Allowance offered by this scheme, have to acquire a ‘Non Availability of

Accommodation’ certificate from the authority competent with reference to any/all such

facilities including Haryana Bhawan.

Note 3..- For ‘facilities maintained by the departments of Haryana Government or

PSUs/Agencies wholly or substantially owned or controller by the Government of

Haryana this requirement shall be applicable only on the eligible (to stay)

officers/officials of the concerned respective department/PSU/Agency maintaining the

facility.

Note 4.- Government employees travelling outside the State and availing the facility of

accommodations run/managed by the Central/Other state Governments or

Central/State PSUs shall be entitled to claim the accommodation charges as per actual

and bills/receipts on this account must be submitted alongwith the claim of

reimbursement.

Note 5.- No hotel expenses shall be reimbursed for stay within the Haryana State

and its Capital at Chandigarh.

2.24. A competent authority may for special reasons, which should be recorded,

declare any particular Government employee or class of Government employees to be

entitled to accommodation of a higher class than that prescribed for his grade in rule

2.20.

2.25. A competent authority may, for reasons which should be recorded and on such

conditions as it may think fit to impose, sanction for any government employee or class

of government employees a daily allowance higher or lower than that prescribed in rule

2.22, if it considers that allowance so prescribed is inadequate or excessive.

2.26. A competent authority may, for special reasons to be recorded, prescribed for a

Government employee or class of Government employees for journeys made by any

21

special mode of conveyance, mileage allowance by road at a higher rate from that

prescribed in rule 2.20.

2.27. When a Government employee of a grade lower than the first grade is required

by the order of a superior authority to travel by special means of conveyance, the cost

of which shall be paid to the Government employee with the approval of the

Administrative Department.

Section VI - Journeys on Tour

(i) General Rules

2.28. A Government employee is on tour when absent on duty from his headquarters

either within, or beyond his sphere of duty with proper sanction. A competent authority

may, in case of doubt, decide whether a particular absence from headquarters is

absence on duty.

2.29. The travelling allowance drawn by a Government employee on tour ordinarily

takes the shape of either permanent travelling allowance or daily allowance and other

charges admissible for journeys under taken beyond his sphere of duty.

Note 1.- The Government employee shall submit his travelling allowance claim only

once in a month for various journeys performed during the preceding month and no

supplementary claim in this regard shall be entertained.

Note 2.- The right of a government employee to travelling allowance, including daily

allowance, is forfeited or deemed to have been relinquished if the claim for it is not

preferred within one year from the date on which it became due.

2.30. A competent authority may impose such restrictions, as it may think fit, upon the

frequency and duration of journeys to be made on tour by any Government employee or

class of Government employees.

(ii) Daily Allowance on Tour

2.31. Except where otherwise expressly provided in these rules, a Government

employee, not in receipt of permanent travelling allowance, draws travelling allowance

for journeys on tour in the shape of daily allowance.

General principles on which travelling allowance is drawn for journeys on tour.

Restrictions on the duration and frequency on tours.

Journeys by special conveyance.

Definition of tour

22

2.32. Daily allowance may not be drawn, except during absence from headquarters

on duty and unless a Government employee reaches a point outside a radius of 8

kilometers from his headquarters or returns to his headquarters from a similar point. A

period of absence from headquarters begins when a Government employee actually

leaves his headquarters and ends when he actually returns to the place in which his

headquarters are situated, whether he halts there or not.

Note 1.- The term radius of 8 kilometers should be interpreted as meaning a distance

of 8 kilometers by the shortest practicable route by which a traveller can reach his

destination by the ordinary modes of travelling.

Note 2.- If an employee of a Vacation Department combines tour with vacation, i.e.,

proceeds on tour and then avails himself of vacation without returning to his

headquarters, he should be granted tour travelling allowance under these rules for the

outward journey only.

2.33. (1) The daily allowance may be drawn, during a halt on tour including holiday(s)

occurring during the tour: provided that a competent authority may grant general or

individual exemptions from the operation of this rule, on such conditions as it thinks fit in

the interests of the public service.

(2) A Government employee who takes full or short casual leave when on tour is not

entitled to draw daily allowance for that day.

(3) Daily allowance is not admissible for any day whether Sunday or holiday, unless the

Government employee is actually and not merely constructively in camp.

(4) Daily allowance shall be restricted to ten days in a month unless it is extended in

public interest by the authority competent.

(5) After a continuous halt of ten days duration, the halting place shall be regarded as

the Government employees temporary headquarters.

(6) If a Government employee on tour receives any fee/remuneration from any authority

or agency, he may at his option retain the amount and not to draw any travelling

allowance or otherwise the employee may draw travelling allowance under normal rules

by crediting the full amount to Government.

Drawn during absence from headquarters on duty.

23

(7) In all cases of enforced halts occurring en-route on tour journey, temporary transfer

or training necessitated by break down of communication due to blockade of roads on

account of floods, rains, heavy snowfalls, landslides or delayed sailing of ships or

awaiting for air lift etc., the period of such halts shall be treated, as duty and the

Government employee concerned shall be paid Daily Allowance at 3/4th of the rate

applicable to him at station in which the enforced halts takes place for the period of

enforced halt.

Note 1.- The claim on account of travelling allowance should be accompanied by a

certificate to the effect that either no travelling allowance, fee etc. was paid by the

authority or agency or if any travelling allowance, fee etc. was paid, it was credited to

Government. In the later case, the treasury receipt should also be produced.

(iii) Mileage Allowance or Actual Expenses for local Journey

2.34. (1) The Government employees while on tour travelling by railway, steamer, bus

and air shall be entitled to actual fare of the class of entitlement and may draw full daily

allowance for the days of departure from and arrival at headquarters including days of

halt at an out station.

(2) The mileage allowance for local journeys performed within the State or outside

the State shall also be payable as per entitlement at the rates prescribed in clause F of

Rule 2.20.

(3) The hotel charges will be payable for stay in a hotel outside the State as per

entitlement in rule 2.23.

Note 1.- If on any one day two separate journeys are performed, one ending at, and

the other commencing from headquarters, one daily allowance will be admissible in

respect of both separate journeys.

Note 2.- In the case of a Government employee who, while on tour, is treated as a

State Guest, the daily allowance shall be admissible to him as per note 3 below rule

2.22.

Note 3.- If available, return tickets at reduced rates should always be purchased when

a Government employee expects to perform the return journey by railway, steamer and

air within the period during which a return ticket is available.

24

Note 4.- In case of journey by Air/A.C.Rail/A.C. Bus/Deluxe Bus, tickets shall be

mentioned and appended to travelling allowance bill. In case of rail journey by 1st

class/A.C. Chair Car ticket/ticket Number/ reservation slip, as the case may be, shall be

mentioned and produced with the claim. In the absence of ticket wherever required

ordinary rail/ bus fare will be given.

Note 5.- The actual cost of reservation and sleeper charges will be reimbursed in full.

The cancellation charges of railway/steamer/bus and air tickets for journey cancelled for

official reasons shall also be reimbursed to the employee.

Note 6.- The Government employee drawing grade pay of Rs.8900 /- and above shall

only be entitled to travel by Shatabdi Express in Executive class.

Note 7.- The maximum number of days on tour including halts for daily allowance will

be limited to 10 days in a month.

2.35. (1) When a journey by road is performed by own vehicle or by a taxi, the

road mileage shall be admissible as per entitlement as the rates prescribed in clause F

of Rule 2.20 and he may draw daily allowance as admissible under Rule 2.22(b).

(2) When two or more Government employees travel in a motor vehicle belonging to

one of them the travelling allowances of the owner of the vehicle will be regulated by

sub rule (1) and the other Government employee shall be treated to have availed of free

lift and no road mileage is payable but only daily allowance shall be regulated by sub

rule (1).

Note 1.- The Government employee should certify in travelling allowance claim that the

journey was performed by a vehicle bearing registration number . .

Note 2.- The toll tax paid by a Government employee on tour within or out side of the

State shall be reimbursed in full.

2.36. When a member of the railway police, or any other Government employee or

class of Government employees, whose duties involve, constant travelling by railway

and to whom a competent authority may declare this rule to be applicable, makes a

journey by railway on tour :-

Government servants whose duties require them to travel constantly by railway.

25

(i) He is entitled either to a free pass under the free pass rules of the railway or to the

fares for himself and the employee and luggage accompanying him, which a free pass

would cover.

(ii) He may draw daily allowance for any day on which he is absent from his

headquarters for more than eight consecutive hours.

Note .- If in the exigency of public service, such officers travel by road only, their

travelling allowance will be regulated according to Clause

F of rule 2.20.

(iv) Local allowance admissible for journeys within 8 kms. of headquarters.

2.37. (1) A competent authority may, by general or special order, permit any

Government employee or class of Government employees to draw the actual cost of

hiring a conveyance on a journey for which no travelling allowance is admissible under

these rules.

(a) the claim for journey within 8 Kms. Shall be regulated as per provision of Clause F

of Rule 2.20.

2.38. A Government employee travelling on duty within 8 Km. of his headquarters is

entitled to recover the actual amounts which he may have to spend to payment of ferry

and other tolls for the office items and fares for journeys by public conveyance.

Section VII- Journeys to Join A First Appointment

2.39. Except as otherwise provided in this Section travelling allowance is not

admissible to any person for the journey to join his first post in Government service.

Note. - Travelling allowance is not admissible for a journey undertaken to procure a

health certificate required on first appointment to Government service.

2.40. When a pensioner or Government employee who has been thrown out of

employment owing to a reduction of establishment or the abolition of his post, is re-

appointed to Government service, the authority, which sanctioned his re-appointment

may, permit him to draw travelling allowance for so much of his journey to join his new

post as for a journey on tour without any allowance for halts on the journeys.

Ferry charges tolls and railway fare.

Concession to persons re-employed in Government service

Conveyance Hire

General Rule.

26

2.41. When travelling allowance is drawn under rules 2.39 and 2.40, the rate

admissible is that of the grade to which the Government employee will belong after

joining his post.

Section VIII- Journeys on Transfer

2.42. (1) A Government employee on transfer in public convenience shall be entitled to

Composite Transfer Grant equal to one month’s pay in lieu of existing packing

allowance, loading and unloading allowance, daily allowance for self and family

member(s) for journey day(s) and road mileage for the journeys between residence and

railway station/bus stand/air-port and vice-versa:

Provided that the distance from the present place of posting to new place of posting is

more than 20 Km. and there is an actual change of residence.

(2) The composite transfer grant may not be drawn by a Government employee on

transfer from one station to another unless he is transferred for the public convenience

and is entitled to pay during the period occupied by the journey. A transfer at his own

request should not be treated as a transfer for the public convenience unless the

authority sanctioning the transfer, for special reasons which should be recorded,

otherwise directs.

Note 1.- A Government employee appointed to a post under the State Government as

a result of competitive examination which is open to both Government employees and

others –

(a) if already holding a substantive appointment under Government (including other

Governments in India) should be granted composite transfer grant for joining the post,

and

(b) if already employed in a temporary capacity under Government (including other

Governments in India) should not be granted composite transfer grant for joining the

post, unless in any particular case, the competent authority otherwise directs.

Note 2.- No composite transfer grant shall be admissible in cases where no change of

residence is involved consequent upon the transfer of a Government employee, as it is

General conditions of admissibility

27

quite contrary to the spirit of the rules to allow travelling allowance when no move has

actually taken place.

2.43. (a) Unless in any case it be otherwise expressly provided in these rules, a

Government employee is entitled for a journey on transfer, to the following

concessions:-

(1) - For Journeys by Rail, Bus, Steamer and Air

(i) He may draw actual fare of the class of accommodation to which his grade entitles

him.

(ii) He may draw one extra fare for each adult member of his family who accompanies

him and for whom full fare is actually paid and one half fare for each child for whom

such fare is actually paid.

(iii) He may draw the actual cost of transportation charges of his household goods at

the rates approved by union of transport companies/Registrar of Transporters as per

grades given below:-

Grade Entitlement of number of truck(s)

Grade I (Grade Pay Rs. 10,000 and above)

Two trucks

Grade II (Grade Pay Rs.8900-9800) Two trucks

Grade III (Grade Pay Rs.4600-8800) One and a half trucks

Grade IV (Grade Pay Rs.2500-4200) One truck

Grade V (Grade Pay Rs.1300-2400) Half truck

Note 1.- If a Government employee transports his household goods by any other mode

of conveyance, the employee would be paid actual or the charges as per entitlement,

whichever is less.

Note 2.- Charges for the transport of personal effects of a Government employee on

transfer shall be admissible even if these are carried within a reasonable time before or

after the date of his journey on transfer.

28

Note 3.- Subject to the prescribed maximum limit of trucks by which a Government

employee may transport his personal effects to his new station from a place in India

other than his old station or from his old station to a place in India other than his new

station, provided that the total amount drawn, including the cost of transporting these

personal effects, shall not exceed that admissible under the rules from the old to the

new station direct.

Note 4.- Scooter/Motorcycle shall be deemed a part of personal effects for the purpose

of this rule.

Note 5.- In case of journey on transfer made by air/A.C. rail/A.C. bus/Deluxe bus,

tickets shall be mentioned and appended to transfer travelling allowance bill. In case of

rail journey by 1st class/A.C. Chair Car, ticket/ticket Number/ reservation slip, as the

case may be, shall be mentioned and produced with the claim. In the absence of ticket

wherever required ordinary rail/ bus fare will be given. In case of transportation of

personal effects, the necessary bills/receipts, rates of truck operator union and

quotations etc. shall be mentioned and appended to the transfer claim.

(2) - For a Journey by Own Vehicle

(i) The Government employee may draw road mileage allowance at the rate to which

his grade entitles him. He and his family members travelling in the vehicle shall not be

allowed any additional mileage/fare charges for the journey.

Note 1.- Children whatever their age, are included in the term “members of family”.

(b) The following explanations are given for terms mentioned in rule 2.43 (a): -

(i) the term “personal effects” is not subject to definition, but the Controlling Officer must

satisfy himself that a claim to reimbursement on account of their transportation is

reasonable.

(ii) The term “motor cycle” includes a side car.

(iii) A member of a Government employee’s family who follows him within six months

from the date of his transfer or precedes him by not more than one month may be

treated as accompanying him. If such member travels to the new station from a place

other than the Government employee’s old station, the Government employee may

29

draw the actual fare for the journey made by such members by rail/bus/steamer/air, as

the case may be: provided that their sum shall not exceed the amount of actual fare that

would have been admissible, had such members proceeded from the old to the new

station. For the purpose of this rule, the grade of a Government employee should be

determined with reference to the facts on the date of his transfer while the number of

fares admissible should be determined with reference to the facts on the date of the

journey in respect of which the travelling allowance is claimed subject to the condition

that no travelling allowance would be admissible in respect of a member added to the

family after the date of transfer.

(c) A Government employee claiming the cost of transporting personal effects must

support his claim by a certificate that the actual expense incurred was not less than the

sum claimed. He should state in the certificate the weight of personal effects actually

carried and the amount actually paid for their transport separately by rail, road, steamer

or other crafts and the Controlling Officers shall scrutinise the details and satisfy himself

that the claim is reasonable.

2.44. ‘Temporary Transfer’ means a transfer of a Government employee to perform

duty in another station for a short period not exceeding 180 days. The journey from

headquarters to the station of temporary transfer and back and daily allowance for halts

shall be regulated as under:-

1. Actual fare for to and fro journeys as per entitlement alongwith road mileage

allowance for local journeys.

2. Full daily allowance for the day(s) of outward and inward journeys.

3. 25% of the daily allowance of his entitlement for the halting days at the deputation

station.

4. The period of180 days will be inclusive of outward journey and inward journey.

5. The Government employee will not be entitled to any daily allowance for temporary

transfer @ 25%, if he is claiming full daily allowance for the journey(s) to other station in

public interest.

6. In no case the temporary transfer shall be extended beyond 180 days. If still the

services of the employee are required at that station, then regular transfer orders shall

30

be issued. In such case the composite transfer grant shall be regulated from the old

headquarters as per rule 2.42.

7. Every temporary transfer order should specify that it is a temporary transfer for a

period not exceeding 180 days.

8. The provisions of this rule for temporary transfer apply only for regulating the

travelling/daily allowance and bear no effect on other factors like assumption of charge

of a new post, change of headquarters, drawl of pay and allowance of the post etc.

associated with the term transfer defined in rule 2.51 of Haryana Civil Services Rules ,

Part I - General Rules.

9. Where a Government employee on temporary transfer is transferred to another

place before the expiry of 180 days (other than his old headquarters and the

headquarters of temporary transfer), the travelling allowance may be regulated on the

analogy of provisions of rule 2.43(a) above.

10. If a Government employee performs journeys in public interest from the temporary

headquarters to some other stations other than his headquarters, the daily allowance

shall be restricted to 10 dailies in a month inclusive of dailies calculated for temporary

headquarters.

2.45. A Government employee transferred from one post to another, if permitted to

hand over charge of his old post or to take over charge of the new post at a place other

than the headquarters, shall be entitled to travelling allowance at tour rates as under: -

(i) from the old headquarters to the place of handing over charge and back to

headquarters;

(ii) from the new headquarters to the place of taking over charge and back.

2.46. If the family of a Government employee, in consequence of his transfer, travels

to a station other than the new headquarters, travelling allowance for the journey of the

family may be drawn subject to the condition that it does not exceed the travelling

allowance that would have been admissible if the family had proceeded to the new

headquarters.

31

2.47. A Government employee appointed to a new post while in transit from one post

to another is entitled to draw travelling allowance for so much of the journey on transfer

as he has accomplished when he received the fresh orders and for the journey from the

place at which he receives such orders to his new station.

2.48. A Government employee, who goes on leave, after he had made over charge of

his old post and before he has taken charge of his new post, is entitled, whether the

order of transfer is received before or after the commencement of his leave, to travelling

allowance from his old headquarter to his new station.

2.49. When a Government employee under the administrative control of one

Government is transferred to the control of another Government which had made rules

prescribing amounts and conditions of travelling allowance, his travelling allowance for

the journey to join his post under the borrowing Government and for the return journey

will be governed by the rules of the borrowing Government relating to travelling

allowance on transfer. This rule will also apply even to cases where the government

employee takes leave either before joining that post or before returning to his original

post.

Note.- The Controlling Officer for the purpose of travelling allowance for the journey of a

Government employee to join his post under a borrowing government as well as for the

return journey, will be the controlling officer in regard to his post under that

Government.

Government servant taking short leave before joining a new

Government servant appointed to a new post while in transit.

32

Section IX - Journey at Government Employee’s Convenience

2.50. When a Government employee is permitted for his own convenience, to perform

his duties at a station other than his headquarters, he is not entitled to any fare or daily

allowance, for the journey to or from such station or for the period during which he halts

at it, and such Government employee must go to the station and back to his place of

duty, wherever that may be, without expense to Government. A competent authority

may decide what should be considered to be the place of duty.

Section X - Journey to Attend Examination

2.51. A Government employee is entitled to draw travelling allowance including daily

allowance for halt at tour rates for the journey to and from the place at which he

appears for an obligatory departmental examination or any other in-service examination

arranged by the State except for appointment to a direct post:

Provided that –

(1) Travelling allowance shall not be drawn more than twice for any particular

examination; and

(2) a competent authority may disallow travelling allowance under this rule to any

candidate who in its opinion -

(i) has culpably neglected the duty of preparing himself for an obligatory examination;

(ii) does not display a reasonable standard of proficiency in an examination which is not

obligatory.

2.52. With the sanction of competent authority, travelling allowance may also be

permitted to a Government employee, who during the examination, is on earned leave

not exceeding 180 days. The travelling allowance admissible in such cases would be

that as admissible from his previous (where he was last on duty) headquarter to the

place of examination or from the place where he is spending his leave to the place of

examination, whichever is less.

Section XI- Journey during Leave or Suspension or Departmental Proceedings

2.53. (1) Except as otherwise provided in these rules, a government employee is

not entitled to any travelling allowance for a journey made during leave or while

General rule

General rule.

33

proceeding on or returning from leave or while under suspension. A competent

authority may, for special reasons, which should be recorded, permit any Government

employee to draw for such a journey, travelling allowance as for a journey on tour. For

this purpose a Government employee under suspension shall be regarded as in the

grade to which he belonged before suspension.

(2) A Government employee under suspension or otherwise performing a journey to

attend Police/ Vigilance/Central Bureau of Investigation, in connection with cases, may

be allowed travelling allowance for the journey as on tour provided the same was

performed under the directions or with the approval of the Head of Office.

(3) Where a Government employee undertakes a journey during suspension for

appearing in a court of law as an accused and is later on acquitted or reinstated, no

travelling allowance, as such is admissible. It would, however, be open to him to include

his travelling expenses in any claim for reimbursement of the costs incurred by him for

defending legal proceedings against him. Such a claim may be accepted subject to the

condition that the amount of the travelling allowance will not exceed the travelling

allowance as for a journey on tour.

(4) Travelling allowance for a journey as on tour including halts (maximum for 3 days in

all) shall be allowed to a Government employee whether on duty or on tour or under

suspension for the journeys undertaken to stations for the purposes of inspection of

documents for preparation of his defence. The grant of travelling allowance is subject

to the condtiions that: -

(i) The inquiry officer certifies that the records to be consulted are relevant and essential

for defence.

(ii) The competent authoity certifies that the original records could not be made

available to the officer at the place of his headquarters.

(iii) The journey is performed with the approval of the Head of Office.

Note 1.- Travelling allowance under this rule will be regulated by the pay and grade of

the post which a Government employee would have held had he not proceeded on

leave or placed under suspension.

34

Note 2.- A Government employee under suspension, whose headquarters are changed

in public interest, shall be entitled to travelling allowance at transfer rates but no

travelling allowance shall be admissible to him if the headquarters are changed at his

request.

2.54. When a Government employee is compulsorily recalled to duty before the expiry

of his leave and the leave is thereby curtailed by not less than one month, he is entitled

to draw travelling allowance for the journey from the place at which the order of recall

reaches him or, if the return journey involves travelling by sea, from the port at which he

lands in India, to the station to which he is recalled. If the period by which the leave is

curtailed is less than a month, travelling allowance may be allowed at the discretion of

the authority recalling the Government employee.

vernment employee alled to duty from ve

35

Section XII - Journey by Family of a Deceased Government Employee

2.55. (1) The family of a Government employee, who dies while in service, shall be

entitled to the concessions for the transport at Government expense of the members of

family as defined in Rule 2.13 of the Haryana Civil Service Rules, Part I – General

Rules and personal effects: provided the journey is completed within one year after the

death of the Government employee.

(2) Travel expenses will be admissible by the shortest route from the last headquarters

of the Government employee to his normal place of residence which shall be the

permanent home as entered in his service book or record or such other place as might

have been declared to be the permanent home by the Government employee while in

service.

(3) The amount of travel expenses payable to the members of the family will be as

admissible on the grade to which deceased Government employee was entitled

immediately before death subject to the conditions mentioned in Rule 2.43 and 2.56.

(4) An advance to meet travelling expenses may be sanctioned subject to the following

terms and conditions:-

(i) An advance may be sanctioned by the authority that would have been competent to

countersign the Travelling Allowance claim if the employee were alive.

(ii) The amount of the advance may be limited to 3/4th of the probable amount of

travelling expenses that may be admissible.

(iii) The advance will be admissible to only one member of the family of the deceased

Government employee on behalf of all. It should be the widow/ widower or any other

member of the family (within the definition of term “family”) who is a major and of sound

mind. The decision of the sanctioning authority as to whom the advance may be given

shall be final. The advance may be drawn by the Head of the Office after it is

sanctioned and paid to the member of the family authorized in this behalf.

(iv) Only one advance will be admissible irrespective of the fact that the members of the

deceased Government employee’s family travel in separate batches from the same or

different stations.

36

(v) The account of the advance drawn should be rendered within one month of the

completion of the journey if the family travels in one batch. In case the family travels in

more than one batch the account may be rendered within one month after the

completion of the journey by the last batch. In any case the journey must be completed

before the stipulated period of one year and the account of the advance shall be

rendered within one month of the expiry of the stipulated period at the latest. The

advance should, however, be refunded forthwith if the journey is not completed within

the stipulated period.

(vi)The surety of permanent Government employee of status comparable to or higher

than that of the deceased Government employee should be obtained in the prescribed

form before the advance is sanctioned. The person receiving the advance should also

give an undertaking in the prescribed form in writing to the effect that he/she would

abide by the provisions contained in clause (v) above. This is necessary in order to

enable the sanctioning authority to effect recovery of overpayments resulting from non-

performance of journey within the stipulated period or non-submission of the adjustment

bill within the prescribed period.

(vii) The advance will be interest free and will be treated as an “advance recoverable”.

The adjustment of the advance will be watched through Objection Book by the

Accountant General, Haryana.

Surety Form

Know all men by these presents that we (1) *___________ (hereinafter called the

“obligor”) and (2) **____________ (hereinafter called the “surety”) are held and fully and

* Herein insert the name of the individual to whom the advance is paid. ** Herein insert the name of the surety. + Here specify the amount of advance paid. *** Insert the name of the deceased Government employee. @Insert the normal place of residence of the Government employee to which a journey is admissible under the rules. * Herein insert the name of the individual to whom the advance is paid. ** Herein insert the name of the surety. ** Insert the name of the deceased Government employee. *** Insert the normal place of residence of the Government employee to which a journey is admissible under the rules.

37

firmly bound unto the Governor of Haryana (hereinafter called the “Government”) for the

sum of +__________ to the payment of which amount well and truly to be made, we jointly

and severally bind ourselves, our respective heirs, executors, administrators, legal

representatives and assigns.

Whereas the Government has paid to the obligor a sum of Rs. ---------- (receipt

of which the obligor hereby acknowledges on account of advance of travelling expenses

to the family of the late ***------------- (hereinafter referred to as the “family”) for their

journey to@ ---------- and for the transport of the personal effect of the late *** -------------

to -------------- .

Now the condition of the above written bond is such that if the said obligor shall

account to the satisfaction of the Government and within one month of the completion

of the journey to@ (------------------ ) by the family or within one year of the date of the

receipt of this advance whichever is earlier, for the proper expenditure of the aforesaid

advance then the above written bond shall be void and of no effect, otherwise the bond

shall remain in full force and virtue and it is hereby declared that :

(a) any forebearance, extension of time, or indulgence on the part of the government or

any officer to the obligor whether with or without the knowledge or consent of the

surety, shall not in any way release the said surety, shall not in any way release the

said surety, his heirs, executors, administrators, legal representatives and assigns from

his or their liability under the above written bond; nor shall it be necessary for the

Government to sue the obligor before suing the surety.

(b) that the stamp duty on this bond shall be borne by the Government.

Signed and delivered by the above named obligor in the presence of:

(1) ________________

(2) ________________

Signed and delivered by the above named surety in the presence of:

(1) _______________

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(2) _______________

Accepted for and on behalf of the Governor of Haryana in the presence of:

-----------

-----------

39

Section XIII - Journey on Retirement

2.56. (1) A Government employee on retirement shall be granted composite transfer

grant, actual cost of conveyance for self and family and transportation charges on the

scale and the conditions set out under rule 2.42. 2.43 to enable him to proceed to the

place where he intends to reside permanently after retirement.

(2) The actual cost of conveyance referred to will be admissible in respect of the

journey of the Government employee and members of his family from the last station of

his duty to his home town and in respect of the transportation of his personal effects

between the same places as admissible to a Government employee on transfer under

rule 2.42 and 2.43.

(3) The Government employees of Grade-II and above (Pay above Rs. 10,500/-) on

their retirement shall be entitled to draw, in addition, the transportation charges of one

vehicle car/jeep/four wheeler vehicle, if actually maintained. The provision for

transportation of vehicle will be as under: -

(i) Wherever a Motor Car/Jeep/Four-wheeler transport vehicle is proposed to be

transported by the Government employee by Railway on his retirement, the actual

expenditure incurred on such transportation as per railway receipt will be admissible.

(ii) If such Motor Car/Jeep/Four-wheeler vehicle is transported by a truck, the same will

be admissible in addition to the entitlement of such Government employee for

transportation of household effects at the rates approved by the Registered Truck

Unions subject to the condition that the distance involved in such transportation is more

than 300 Kms.

(iii) Where the distance involved for vehicle transportation is upto 300 Kms. expenditure

at the rate of Rs. 6/- per Km. will be permissible for one way journey assuming that the

vehicle will be transported up to that distance under self-propulsion.

(iv) A two-wheeler vehicle i.e. Motor-cycle/Scooter/Moped will be treated as part of the

household effects for the purpose and no separate transportation charges will be

permissible for the same.

40

(v) The Government employee and his family members travelling in the vehicle, when

transported under self propulsion, shall not be allowed any additional mileage/fare

charges for the journey.

(4) The grant of the concession will be further subject to the following conditions:-

(i) The concession will be admissible by the shortest route from the last place of duty of

the Government employee to his hometown, the place entered in his service book or

other service record as hometown.

(ii) Where a Government employee wishes to settle down not in his ‘home town’ but at

another place and the distance from the last station of duty is more than 20 Km., he

may be permitted to avail of the concessions up to the latter place. In that event the

amount reimbursable to him would be that which would have been admissible had he

actually proceeded to his hometown, or the amount reimbursable for the latter place,

whichever is less.

(iii) Where a Government employee wishes to settle down at the last station of duty or a

station not more than 20 Km. from the last station of duty, the travelling allowance will

be admissible as mentioned below, provided there is actual change of residence as a

result of retirement -

(a) actual cost of conveyance for self and family not exceeding the road mileage;

(b) actual cost of transportation of personal effects not exceeding the amount

admissible under Rule 2.43 of these rules.

(c) composite transfer grant equal to one month pay (band pay + grade pay);

(d) transportation of conveyance equal to the amount admissible under Rule 2.43 of

these rules.

(iv) The concession may be availed of by a Government employee who is eligible for it,

at any time during his leave preparatory to retirement, or during refused leave, or within

one year of the date of his retirement.

(v) The concession will be admissible to Government employees who retired on retiring

pension or on superannuation, invalid or compensation pension. It will not be

41

admissible to Government employees who quit service by resignation or who may be

dismissed or removed from service.

(vi) Where a Government employee is re-employed under the Haryana Government

within six months of the date of his retirement, the concession of travelling allowance on

retirement admissible under these rules may be allowed to be availed of by him within

one year of the expiry of the period of his re-employment.

(vii) A Government employee will be eligible to the retirement travelling allowance

concession in full, notwithstanding the fact that he had availed of leave travel

concession to home town or any place in India during one year preceding the date of

retirement or commencement of leave preparatory to retirement.

(viii) In case of the family of a retiring Government employee, who do not actually

accompany him, the provisions of Rule 2.43 (b) (iii) may be applied mutatis mutandis.

A member of a Government employee’s family who follows him within six months or

precedes him by not more than one month may, therefore, be treated as accompanying

him. The period of one month or six months as the case may be, may be counted from

the date the retiring Government employee himself actually moves. The claims of

travelling allowance in respect of the family members will not be payable until the head

of the family himself or herself actually moves.

(5) The travelling allowance claims admissible under this rule will be drawn on travelling

allowance bill forms like transfer travelling allowance claims. The claims of the officers

who were their own controlling officers before retirement, will, however, be

countersigned by the next superior administrative authority. The certificates required to

be furnished by the office in respect of transfer travelling allowance claims will also be

required to be furnished in respect of claims for travelling allowance under this rule.

(6) Before making payment to the claim of the travelling allowance admissible under

this rule the countersigning authorities should satisfy themselves as far as possible, that

the claimant and members of his family actually performed the journeys to the home

town or the other place to which he might have proceeded to settle there e.g., by

requiring the production of original receipt from union of transport company or Registrar

of Transporters relating to transportation of personal effects, conveyance etc.

42

(7) An advance to meet travelling expenses may be sanctioned to a retiring

Government employee subject to the conditions of advance mentioned in rule 2.55.

2.57. The advance may be sanctioned by the Controlling Officer. The amount of the

advance may be limited to 75% of the probable amount of travelling expenses that may

be admissible.

Section XIV - Journey to Give Evidence

2.58. (1) The following provisions apply to a Government employee who is

summoned to give evidence in a criminal case, a civil case to which Government is a

party or a departmental inquiry held by a properly constituted authority:

Provided that the facts as to which he is to give evidence have come to his

knowledge in the discharge of his public duties –

(i) He may draw travelling allowance as for a journey on tour attaching to his bill a

certificate of attendance given by the court or other authority which summoned him.

(ii) When he draws such travelling allowance, he may not accept any payment of his

expenses from the court or authority. Any fees which may be deposited in the court for

the travelling and subsistence allowance of the witness must be credited to

Government.

(iii) If the court in which he gives evidence is situated within eight kilometers of his

headquarters, no travelling allowance is, therefore, admissible for the journey, he may,

if he be not in receipt of permanent travelling allowance, accept, such payment of actual

travelling expenses as the court may make.

Note 1.- A Government employee summoned to give evidence during leave or vacation

from a place other than his headquarters, is entitled to travelling allowance as on tour

from and to the place from where he is summoned as if he were on duty.

Note 2.- The Government of Haryana have entered into reciprocal arrangements with

the State Government of Orissa, Bihar, Assam, Chandigarh Administration, U P,

Maharashtra, TN, Punjab, Himachal Pradesh, Rajasthan, Madhya Pradesh, Andhra

Pradesh, Karnataka, Kerala, Gujrat, J & K, West Bengal and with the Government of

Journey to give evidence.

43

India, for the payment of expenses of Government employees who are summoned by

the Criminal Courts to give evidence in their official capacity on the following lines: -

(i) In Criminal cases to which the State is a party, a Government employee giving

evidence regarding facts of which he has official knowledge will, on production of a

certificate of attendance issued by the summoning court, be paid travelling allowance

by the Government under whom he is serving.

(ii) In Criminal cases to which the State is not a party a Government employee giving

evidence regarding facts of which he has official knowledge will be paid travelling

allowance by the summoning court according to the rules under which such

Government employee draws his travelling allowance for a journey on tour. In order to

enable the court to assess the amount admissible to him, the Government employee

should carry to the Court a certificate duly signed by the Controlling Officer of the

Government employee showing the rates of travelling and daily allowance admissible to

him for a journey on tour. If the Government employee is his own Controlling Officer,

the certificate will be signed by him as such.

(iii) When a Government employee serving in a Commercial Department or when any

other officer is summoned to give evidence as a technical or expert witness the pay of

the Government employee concerned for the period of his absence from his

headquarters and travelling allowance and other expenses due to him will first be borne

by the Government under whom he is serving and subsequently will be recovered from

the requisitioning Government.

(2) A Government employee summoned to give evidence under any other

circumstances, or to attend, a court of law as assessor or juror, by reason of his

position as a Government employee, is not entitled to any payments other than those

admissible by the rules of Court. If the Court pays him any sum as subsistence

allowance or compensation, apart from payment for travelling expenses, he must credit

that sum to Government before drawing full pay for the day or days of absence.

(3) Where a Government employee is summoned as a witness by the Court of Law,

whether criminal or civil or by a Martial or by properly constituted authority holding a

Departmental inquiry, to depose about facts which came to his knowledge in his private

44

capacity, the period of absence shall be treated as casual leave or ordinary leave and

no travelling allowance shall be admissible.

Section XV - Travelling Allowance to Retired Government Employee

2.59. (1) For Perusal of Documents in Departmental Enquiry -

A retired Government employee may be allowed Travelling Allowance as on

tour, including daily allowance for halts (restricted to maximum of three days) for

undertaking journeys to outstations for perusal of official documents in preparation of

his defence against disciplinary proceedings instituted against him. The Travelling

Allowance claim in such cases will be allowed as per entitlement prior to his retirement.

The grant of Travelling Allowance shall be subject to the condition that the enquiry

officer certifies that the official records to be consulted are relevant or essential for the

preparation of the defence statement.

(2) For attending departmental enquiry -

A retired Government employee required to attend departmental enquiry

instituted against him may be allowed travelling allowance as on tour by the shortest

route for the journey in connection with the enquiry from the place of his permanent

residence after his retirement to the place of enquiry and back. The travelling allowance

shall be regulated in accordance with the pay of the post held by retired Government

employee immediately prior to retirement. No advance of travelling allowance shall be

paid in connection with such journeys.

(3) For attending court in judicial proceedings -

A retired Government employee against whom judicial proceedings are

instituted by the Government after retirement and he has to attend such cases in court

of law from outstation may be allowed travelling allowance on tour, with daily allowance

for halts, for the journey he has to perform from the place of his permanent residence to

the place of judicial proceedings, if he is honorably acquitted by the court.

Note.- The travelling allowance to a retired Government employee shall be paid by the

Department on whose behalf or at whose request he/she attends the hearing. The grant

of travelling allowance shall be subject to the production of a certificate from the

summoning court that the retired Government employee has been paid nothing.

45

2.60. (1) A competent authority may sanction travelling allowance under clause (1) of

Rule 2.58 in cases in which Government employees are compelled to answer criminal

or civil cases brought against them in respect of acts done by them in the discharge of

their official duty and in which Government has decided to undertake their defence at

the public cost.

(2) A Government employee against whom judicial proceedings are instituted by the

Government and he has to attend such cases in court of law at an outstation, he may

be allowed by the competent authority travelling allowance as on tour, with daily

allowance for halts, if he is honorably acquitted by the court.

Section XVI- Journey to obtain Medical Treatment, Advice or Certificate or to

appear before Medical Board

2.61. (a). A Government employee, who is directed by his official superior, in the

interests of the public service, to appear before the Medical Board to obtain medical

treatment, advice or to appear before the medical board, he may draw the actual

expenses subject to maximum of the travelling allowance as admissible as on tour.

(b) Except as provided in this rule, no travelling allowance is admissible for a journey

undertaken in order to appear before a medical board.

2.62. Travelling allowance under the rules in this section should be calculated as for a

journey on tour but no allowance may be drawn for halts on the journeys. In case of a

patient who is a family member of the Government employee, he/she will be allowed

railway/bus fare of the class to which Government employee is entitled or the fare of the

class in which he/she actually travels, which ever is less.

2.63. (1) If the Medical Officer of Government whose duty is to attend the Government

employee professionally is of the opinion that the latter should leave his station to

obtain further medical advice or treatment within or out of the State or to proceed on

leave and that is unsafe for him to travel unattended may if he does not himself

accompany him, arrange for an attendant to do so, and the attendant: -

(a) If a Government employee shall be deemed to have been travelling on duty, and

may draw travelling allowance for the outward and return journey as a journey on tour;

and

Journey to appear before a medical board preliminary to retirement.

Rates of travelling allowance under this section.

46

(b) If not a Government employee may draw actual expenses for the outward and return

journey.

(2) When the medical officer’s opinion as to the necessity for the journey and for an

attendant during it cannot be obtained before its commencement a certificate from him

that the journey with an attendant was necessary is sufficient for the purpose of this

rule. This rule applies to the attendants on members of Government employee’s family.

The travelling allowance in their case will be the same as is admissible under rule 2.62

to members of Government employee’s family. No travelling allowance shall be

admissible for journey performed for follow-up treatment in O.P.D.

Note.- The provisions of this rule shall also apply mutatis mutandi to a retired

Government employee. In case of a retiree already living in other State/ U.T, he shall

also be entitled to travelling allowance in such like referral cases on the

recommendations of the concerned Government District Medical Authority.

2.64. In case of a Government employee, entitled to free medical relief who is

seriously ill, and the local medical officer in attendance is of opinion that a consultation

is necessary, it is open to him to move the Director General of Health Service to depute

another medical officer for the purpose of consultation, and if an officer is so deputed,

Government will bear his traveling expenses. In selecting an officer, the Director

General of Health Services should pay due regard alike to considerations of propinquity

and to the interests of the patient.

Section XVII - Journey on a Course of Training

2.65. When a Government employee or a student not already in Government service,

is selected to undergo a course of training, a competent authority may decide the scale,

if any, on which he shall draw -

(a) Travelling allowance for the original journey to and the last journey from the place of

training, and for halts at such place;

(b) In the case of training at a school, college of similar institution, traveling allowance

for similar journeys on the occasion of holidays and vacations; and

(c) Travelling allowance for journeys during the course of training:

47

Provided that the scales so fixed shall not exceed that admissible to Government

employees of similar status on duty at the place of training.

(d) If the period of training does not exceed 60 days, the travelling allowance/daily

allowance may be allowed as under: -

Upto first 60 days -

1. Where there is no institutional arrangement Full daily allowance

2. Where institutional arrangement exists on payment and employee pays for the same

-

(i) for lodging only - Full daily allowance or half daily allowance plus

actual lodging charges, whichever is more.

(ii) for Boarding and lodging - Full daily allowance or 1/4th daily allowance plus

actual boarding and lodging charges in the

institution, whichever is more.

3. Where the following facilities are available either free or paid for by Government as

part of training cost -

(i) lodging only Half daily allowance

(ii) Boarding and lodging 1/4th daily allowance

(e) After 60 days the allowance admissible shall be reduced to half in various situations

mentioned above.

(f) Travelling allowance shall be allowed to them at tour rates. Daily allowance may also

be allowed for the day of journey.

(g) The Government employee, who is undergoing training outside Haryana State, daily

allowance shall be allowed to them at the rates of the town where training is held (see

rule 2.22) subject to the condition mentioned above.

Section XVIII - Journey for Local Funds Duty

2.66. (a) Except as provided in clause (b), the entitlement of travelling allowance to a

Government employee for journeys performed in connection with a local fund should be

on the rates applicable under the Government rules and is payable from the Local

Fund.

48

(b) When a Government employee who is an ex-officio member of a local body, travels

to attend meetings of the local body or when a Government employee travels for

purposes of supervision or control of affairs of a local body as a part of his regular

duties, his traveling allowance shall be paid from the State revenues, and shall be

governed by these rules.

(c) When a Government employee travels on duty connected with a local fund and

claims Travelling Allowance under Government rules as provided in clause (a) above,

he should prepare a separate bill for such journeys and forward the same to the

controlling authority for scrutiny. The authority will scrutinize the bill and forward the

same to the local body for payment to the concerned employee.

Section-XIX - Travelling allowance admissible when means of transport are supplied

without cost to the government employee travelling

(i) Journeys by Railway

2.67. When a Government employee is entitled to or is allowed free transit by railway

on a free pass or otherwise, the fare which he draws for the journey must, except in the

case of Government employee, whose duties require them to travel extensively by

railway and who are covered by rule 2.36, be reduced by the amount of the fare which,

but for such free transit he would have paid. This rule applies to cases in which a free

pass is issued on any railway. The reduction made must include the full number of

fares covered by the pass unless the Government employee certifies that he did not

use the pass in respect of any fare or fares for which no reduction is made.

2.68. When a Government employee is allowed free pass by railway, he is entitled to

daily allowance for each day of absence of minimum 8 hours from headquarter besides

local mileage for local journey.

(ii) Journeys by Sea or River Steamer

2.69. When a Government employee travels by sea or river otherwise than on

payment of passage money, in a steamer the cost of which is paid by Government or by

local fund, he is entitled to daily allowance for each day of absence from head quarter

besides local mileage for local journey: provided that when his luggage is not conveyed

Journey by Government vessel.

Free transit by railway otherwise than in accommodation reserved by requisition.

Government servant travelling with a free pass on an un-opened line of railway.

49

on the vessel but is sent separately at his expense, he may draw in addition the actual

cost of transporting them.

2.70. When a Government employee is allowed free transit by sea or river steamer,

otherwise than in a Government vessel, the fare, which he draws for the journey, must

be reduced by the amount of the fare which, but for such free transit, he would have

paid. If he travels on a free pass, the reduction made must include the full number of

fares covered by the pass unless the Government employee certifies that he did not

use the pass in respect of any fare or fares of which no reduction is made.

This rule does not apply to cases in which a Government employee is allowed a free

pass by a steamer without cost to Government unless the free pass is issued in

connection with his official status or duties or as part of a regular arrangement with

Government for the conveyance of mails, etc.

(iii) Journeys by Air

2.71. When a Government employee is allowed free transit by air in a machine owned

or chartered by Government, he is entitled to daily allowance for each day of absence

from head quarter besides local mileage.

2.72. A Government employee when making a journey by air, in a Government

machine or in a machine chartered by Government for the purpose, shall pay airfare to

Government on behalf of each person not entitled to travel in that machine who may

accompany him.

(iv) Other Journeys

2.73. Except where otherwise expressly provided in these rules, when, on a journey

other than a journey by railway or by steamer or by air, a Government employee uses a

means of locomotion provided at the expense of Government, a local fund or court of

wards estate and does not pay cost of its use or propulsion, may draw daily allowance

as per norms provided under rule 2.75.

2.74. The chauffeur of a Transport Department, plying a public transport, when making

a journey by road on the motorcar in his charge, may draw full daily allowance for the

Free transit by non-government steamer.

Free transit by boat, road, etc.

Chauffeurs of Government motor car.

50

journey, which involves an absence of at least one night from his headquarters. For a

journey which does not involve such absence he is entitled to no travelling allowance.

The claim of the conductor shall also be regulated on the similar footing.

Note.- While travelling on duty by Government owned transport, General Managers,

Works Managers, Traffic Managers, Chief Inspector, Inspectors and Station

Supervisors of Government Transport Services, Haryana, shall be entitled to daily

allowance only when they pass the night away from their headquarters.

(v) Method of calculating Daily Allowance

2.75. When a government employee, who is supplied with means of conveyance

without charge, performs a journey and returns to his headquarters on the same day or

following day(s), the daily allowance will be calculated as follows:

(I) where absence from headquarter is for less than 6 hours - No daily allowance;

(II) where absence from headquarter is for 6 hours or more,

but less than 12hours - Half daily allowance

(iii) where absence from headquarter is for more than 12 hours

but less than 24 hours - Full daily allowance

(vi) where absence from headquarter is more Full daily allowance

than 24 hours - for each calendar day.

Note1.- When the forward and return journeys from and to the headquarters are

performed on two consecutive calendar days but the absence from the headquarters

does not exceed 24 hours, the journeys should be treated to have been performed on

the same day for calculating the daily allowance.

Note 2.- When a government employee, who, while on tour, is treated as a State guest

travels to another station in a conveyance provided at the expense of Government or a

local fund and returns on the same day on which he departed from there his daily

allowance should be regulated in accordance with the manner prescribed in this rule:

provided that he does not get less daily allowance for the day than what would have

been admissible to him if he had not moved out from the place of halt.

51

Note 3.- When a Government employee is provided with free conveyance for part of

the journey or for one way journey only (i.e. either for going from, or for return to

headquarters) and he returns to his headquarters or when such journey is combined

with journey by railway or bus, he shall be entitled to travelling allowance as on tour and

no fare shall be admissible for the distance travelled by free conveyance.

Section XX - Control over Travelling Allowance Bills

2.76. A competent authority shall declare the controlling officer for travelling purposes

of each Government employee or class of Government employees. It may, if it thinks

fit, declare that any particular Government employee shall be his own controlling officer.

A Controlling Officer shall not, without the sanction of a competent authority, delegate to

a subordinate his duty of countersignature.

2.77. No bill for travelling allowance shall be paid unless it be signed or countersigned

by the Controlling Officer of the Government employee who presents it.

2.78. It is the duty of a Controlling Officer, before signing or countersigning a travelling

allowance bill:-

(a) to scrutinize the necessity, frequency and duration of journeys and halts for which

travelling allowance is claimed, and to disallow the whole or any part of the travelling

allowance claimed for any journey or any halt, if he considers that a journey was

unnecessary or unduly protracted, or that a halt was of excessive duration;

(b) to scrutinize carefully the distances entered in traveling allowance bills and to satisfy

himself, by maintaining proper check registers (see proforma below) of bills signed or

countersigned by him, that a double payment for one and the same journey is not

passed;

(c) to satisfy himself that fare for journey by railway/steamer/ air/ bus has been claimed

at the rate applicable to the class of accommodation actually used and concessional

return tickets for the journey or journeys charged for in the bill were purchased

wherever and whenever possible;

(d) to exercise care that there is no evasion or breach of the fundamental principle of

travelling allowance viz., that the allowance is not to be a source of profit;

Controlling Officer to be declared by competent authority.

nature of ntrolling officer cessary on a velling allowance .

52

(e) to observe any subsidiary rules or order which a competent authority may make for

his guidance;

(f) to satisfy himself that the Government employee actually bought a through ticket at

the rate claimed and that it was not possible for him to get a through ticket at a cheaper

rate by paying only for the appropriate class of accommodation over that portion of the

journey where accommodation of that class was available;

(g) to satisfy himself that, where the actual cost of transporting personal effects is

claimed under these rules, the scale on which such effects were transported was

reasonable; and to disallow any claim which, in his opinion, does not fulfill that

condition. In respect of claim for transporting personal effects, he shall also scrutinize

the details and satisfy himself that the claim is reasonable.

Proforma for T.A. check register (see clause b)

Page No ..

Name of the employee _______________________

Designation __________________________ Serial No.

Dairy No.

Date of receipt of T.A. bill

Date of preparation

Date of journey

Places visited

Purpose of journey

Amount of the bill

Initials of Controlling Officer

1 2 3 4 5 6 7 8 9

Note.- In order to enable the Controlling Officers to discharge their responsibility, all

Government employees, should, when submitting their travelling allowance bills for

countersignatures, record a declaration in their own hand on the bill. Inspite of this

certificate, the Controlling Officers will still have to exercise control otherwise also.

2.79. The Government employee while submitting his travelling allowance claim on

tour or transfer shall make a declaration in his own hand on the travelling allowance bill

as under:-

I .. (name)

(designation) do hereby certify that I have actually performed the

journeys as claimed in the travelling bill and the claim is prepared strictly as per

53

provisions of the Travelling Allowance Rules. I do understand that in case it is proved

that the claim or part thereof is based on wrong facts, I shall be liable to the disciplinary

action for major penalties under the “Punishment and Appeal, Rules, 1987”.

(signature of the employee with date)

54

Chapter - III

Authorities Competent to exercise the powers of competent authority under Travelling

Allowance Rules

Note 1.- The Administrative Department and Heads of Departments may re-delegate

the powers delegated to them in the table below, on their own responsibility and subject

to such restrictions as they may like to impose, to any officer under them at their

headquarter offices. Copies of all such orders should invariably be supplied to the

Finance Department and the Accountant General, Haryana.

Powers in respect of Serial Nos. 1, 10, 11, 25, 26 and 27 of the table below may also be

re-delegated subject to the conditions and restrictions stated above, to any authority

who has been declared as a Controlling Officer for the purpose of countersigning the

travelling allowance bills.

S.

No.

No. of

T.A. Rule

Nature of Power Authority to which

the power is

delegated

Extent of power delegated

1 2 3 4 5

1. 2.2 Power to direct a

Government

employee to

perform a journey

in the interest of

the public service

for any purpose

not specified in

the rules.

Heads of

Departments

Heads of Offices

Full powers in respect of

travelling allowance at tour

rates

Full powers in respect of

Government employees

under their control and/or

to whom they are

competent to appoint.

2.

2.5, 2.7

and 2.8

Powers to grant a

permanent

All Departments of

Government

Full powers in consultation

with Finance Department

55

travelling

allowance or

conveyance

allowance

3. 2.14 Powers to declare

the grade in

which a part-time

or fee-paid

government

employee shall

rank.

Departments of

Government

Full powers

4. 2.16 (b) Powers to decide

the shortest of

two or more

routes, in case of

doubt.

Heads of

Departments

In the case of any

particular journey

5. 2.17 Powers to permit

road mileage to

be calculated by a

route other than

the shortest or

cheapest

Heads of

Departments

Heads of Offices

Full powers provided that

the selection of such

routes was in the interest

of Government work

Full powers provided that

the selection of such

routes was in the interest

of Government work within

their sphere of duty in

respect of Government

employees under their

control

6. 2.24 Powers to declare

a particular

Departments of

Government

In the case of any

particular journey

56

government

employee to be

entitled to railway

accommodation

of a higher class

than prescribed

for his grade.

7. 2.28 Powers to decide

whether a

particular

absence is

absence on duty.

Heads of

Departments

Full powers

8. 2.30 Power to restrict

the duration and

frequency of

tours.

Heads of

Departments

Full powers

9. 2.33 To sanction daily

allowance in

excess of 10 days

Departments of

Government

Heads of

Departments

Full powers

Up to 20 days

10. 2.37 Power to permit a

Government

employee to draw

the actual cost of

hiring a

conveyance on a

journey for which

no travelling

allowance is

Heads of

Departments

Heads of Office

Full powers

Full powers for non

gazetted employee under

their control

57

admissible.

11. 2.50 Power to allow

employee to

perform duty at a

station other than

his headquarters

Heads of

Departments

Full powers

12. Proviso

(2) to rule

2.51

Powers to

disallow travelling

allowance for a

journey to attend

an examination if

the authority

considers that the

candidate has

culpably

neglected the

duty of preparing

for it.

Heads of

Departments

Full powers

13. 2.52 Power to allow

travelling

allowance to a

employee for a

journey to attend

an examination,

when during the

examination, he is

on earned leave

not exceeding

180 days.

Heads of

Departments

Full powers subject to

conditions of rule 2.51

14. 2.53(1) Powers to Heads of Full powers

58

sanction travelling

allowance to an

employee for

journeys to attend

conference

While on leave.

Departments

15. 2.60 Power to sanction

travelling

allowance to a

Government

employee

compelled to

answer a criminal

or civil cases in

certain

circumstances

Department of

Government

Heads of

Departments

Full powers for gazetted

officers

Full powers for non-

gazetted employees

16. 2.65 Power to decide

the scale of

travelling

allowance, if any,

admissible to a

student not

already in

Government

service selected

to undergo a

course of training

Departments of

Government

Full powers provided that

the training is with a view

to appointment in

Government service and

the rates shall not exceed

than those which would be

admissible to the

Government employee on

appointment to

Government service

17. 2.76 Powers to declare

who shall be the

controlling officer

Departments of

Government

Full powers provided that

they may not declare a

Government employee to

59

be his own Controlling

Officer

18. 2.76 Powers to permit

a controlling

officer to delegate

his duty of

countersignature

Department of

Government

Heads of

Departments

Full powers

Subject to delegation

being made only to a

Gazetted Officer who is

immediately subordinate

to the controlling officer

and is working in his own

office

60

INDEX

This index has been compiled solely for the purpose of reference. No expression in it

should be considered as in any way interpreting the rules.

A

Absence on duty from headquarters-

A Government employee- is considered to be on tour

2.28

-Competent authority may in case of doubt, decide what

constitutes

2.28

-Daily allowance not drawn except during 2.32

-When- begins and ends 2.32

Accommodation-

Competent authority may declare a Government employee or

class of Government employees to be entitled to a higher-than

prescribed under the rules

2.24

Classes of-to which Government employees are ordinarily

entitled

2.12

Actual expenses-

A Government employee required to travel by special

conveyance may draw- in lieu of daily or mileage allowance

under certain conditions

2.27

Competent authority may grant to Government employees

voluntarily appearing before a medical board for being invalided

2.61

Government employees travelling by Government steamer may

claim- of transporting luggage by other vessel

2.69

Of transporting personal effects by Government employee on

transfer admissible within certain limits

2.43(a)(1)(iii)

61

When and how the- of transporting conveyance are met by

Government

2.43(a)(1)(iv)

When a government employee may accept- granted by a court

for journey to give evidence before it

2.57

When paid in addition to permanent travelling allowance 2.8

Journey by Air- 2.21 and

2.20 D

Classification of- for purposes of travelling allowance 2.12

C

Camp-

Daily allowance inadmissible for any day during tour, unless

Government employee is actually in

2.33(3)

Certificate-

Government employee claiming cost of transport of personal

effects should attach- that amount claimed does not exceed

actual expenses

2.43 (c)

Government employees must produce- of attendants for drawing

travelling allowance for journey to give evidence

2.58 (Note 2)

Nature of- necessary before Government employee can draw

actual expenses of special conveyance

2.27

Nature of- necessary for drawing travelling allowance for journey

to obtain medical advice

2.61

Charge of Office-

Travelling allowance of Government employees assuming or

relinquishing – on transfer at a station other than the

headquarters

2.45

Chauffer (s)-

Travelling allowance admissible to- of government motor cars

2.74

62

Classification-

Of Government employees into grades for the purpose of

calculating road mileage allowance

2.12

Combination of posts-

Travelling allowance in cases of-

2.7

Composite Transfer Grant

Journey on transfer

2.42

Consent-

Cases in which the- of the Finance Department is presumed to

the exercise of powers under the Travelling Allowance Rules

Chapter 3

Controlling Officer-

Countersignature of- required before Government employee may

draw actual expenses of special conveyance

2.27

Duties and powers of- 2.78

May not ordinarily delegate duty of countersignature 2.76

Responsibility of the – to see that permanent travelling allowance

is not made a source of profit by a Government employee

2.69

Signature of- necessary on travelling allowance bills 2.76

Convention-

Arrangement between different Governments for regulating the

debit of T.A. charges of officers serving under one Government,

who are summoned to give evidence under the other

Government

2.58 (1)

(Note 2)

Conveyance (s)

Actual cost of transit allowed when an officer is required to travel

by special-

2.27

63

Competent authority may permit hire for- to be drawn when no

travelling allowance is admissible

2.37

When the actual cost of transporting- on transfer will be met by

Government

2.43 (a) 1 (iv)

Conveyance allowance (s)-

Conditions of grant of-

2.9

Drawal of- during leave or joining time 2.10

-is granted on the conditions that the means of conveyance is

actually kept

2.11

Government employees to whom have been granted when drawn 2.10

Conveyance hire-

Competent authority may allow- when no other travelling

allowance is admissible

2.37

Countersignature-

Duty of- of travelling allowance bills may not be delegated to a

subordinate

2.76

Travelling allowance for journey to obtain- of a medical officer of

Government on a medical certificate inadmissible

2.61(b)

D

Daily allowance (s)-

Certain Government employees whose duties require constant

travelling by railway get- for absence from headquarters for more

than 8 consecutive hours

2.36

Competent authority may fix higher or lower rates of- for

particular Government employees of class of Government

employees

2.32

Conditions before- may be allowed to be drawn for a continuous

halt of more than ten days

2.32

64

Conditions for grant of- during a halt on tour or for holidays during

tour

2.33

Conditions under which Government employee in receipt of

motor car or motor cycle allowance may draw daily or mileage

allowance or both

2.10

Conditions under which mileage allowance for a journey by road

or steamer may be drawn in addition to – by government

employees whose duties require constant travelling by railway

2.36 (iii)

Definition of and the rule as to its drawal 2.15

Distance to be travelled before- is admissible 2.32

Drawn during absence from headquarters on duty 2.32

Drawn for journeys on tour when not in receipt of permanent

travelling allowance

2.31

Drawn when on tour 2.15

During a halt on tour 2.33

For holiday during tour 2.33

Government employees when travelling by Government steamers

are entitled to draw only the- of their grade

2.69

Government employees may claim only- for journey by free

conveyance other than by railway or steamer in certain cases

2.73

Government employees on transfer travelling by Government

steamer is entitled to- in addition to free transport of himself, his

family servants and their bonafide personal effects etc.

2.43

Inadmissible for halts on journeys to obtain medical certificate or

medical advice or to appear before a medical board

2.62

Inadmissible for any day whether Sunday or holiday when on tour

unless the Government employee is actually in camp

2.33(3)

Inadmissible during casual leave taken when on tour 2.33 (2)

65

May not ordinarily be drawn for a continuous halt or more than

ten days

2.33 (1)

Mileage allowance may be drawn in addition to halt- when

journey by road is performed

2.35

Rates of - 2.22

Admissible to Government employees on official visit to States as

States Guests

2.34 (Note 2)

Defence

Travelling allowance to a Government employee required to

undertake- at public cost in respect of acts done by him in

discharge of his official duty for journeys to attend court

2.60

Delegation

List of- made under Travelling Allowance Rules

Ch. 3

E

Evidence-

Cases in which travelling allowance may not be granted to a

Government employee summoned to give-

2.58 (2)

Conditions under which travelling allowance may be granted to a

Government employee of vacation department summoned to give

during vacation

2.58 (Note

1)

Examination (s)-

Competent authority may grant travelling allowance to attend-to

Government employee who while travelling to or during the – is

on leave

2.52

Competent authority may disallow travelling allowance for

attending an- in certain cases

2.51 (2)

Competent authority may make special concessions regarding

travelling allowance to Government employee attending-

2.51

66

Daily allowance admissible for halts on- journeys to attend- 2.52

Travelling allowance to attend an- 2.51

Travelling allowance to attend an – may not be drawn more than

twice for the same

2.51

(proviso 1)

F

Family-

Grant of higher travelling allowance to a Government employee

on the ground that members of his- accompanied him on transfer

2.43 (b)(iii)

Travelling allowance admissible to the – of government employee

who, in consequence of his transfer or deputation on a course of

training, is obliged to send his- to a station other than his new

headquarters or place of training

2.46

Travelling allowance for- of Government employees on transfer 2.43 (a)( I) (i)

Travelling allowance to the- of government employee transferred

following him within six months of the date of transfer, or

preceding him by not more than a month

2.43 (b) (iii)

Travelling allowance for journey by the- of a government

employee on his death

2.55

Fare-

Should be held to mean- exclusive of diet, if for sea or river

journey

2.20 –B

(Note)

Fees-

Grade of Government employees remunerated by- for purposes

of travelling allowance

2.14

Ferry and other tolls-

Payment of – when travelling within 8 Kms of the headquarters

2.38

Finance Department-

67

Cases in which the consent of the – is presumed to the exercise

of powers

Ch.3

First appointment-

Rate of travelling allowance of government employees joining- 2.41

Travelling allowance for joining- ordinarily inadmissible 2.39

Free accommodation-

Journeys by Railway- reduction in mileage allowance when a

government employee is entitled to or is allowed free transit by

railway on a free pass or otherwise

2.67

Journey by sea or river steamer

Drawl of T.A.- when a government employee travels by sea or

river, otherwise than on payment or passage money, the cost of

which is paid by Government

2.69

When a government employee is allowed free transit by sea or

river steamer otherwise than in a Government vessel

2.70

Journey by air-

Drawal of T.A.- when a Government employee is allowed free

transit by air in a machine owned or chartered by government

2.71

2.72

Journey by boat, road, etc.

Drawal of T.A. when a government employee use a means of

locomotion provided at the expense of government and does not

pay the cost of its use or propulsion

2.73

Free Accommodation-

When a Government employee who is supplied with a means of

conveyance without charge returns to his headquarters on the

same day

2.75

Free Transport-

68

Government employee on transfer is entitled to- of himself,

family, servants etc., when travelling by Government steamer

2.43

G

Government Steamer-

Government employee on transfer travelling by- not entitled to the

concession allowed otherwise

2.43

Government employee on transfer travelling by- entitled to free

transport of himself, his family, his personal effects and

conveyance and also may draw daily allowance

2.43

Travelling allowance admissible to Government employee

travelling by-

2.69

Grade (s)-

Government employees

2.12

Government employees in transit from one post to another 2.13

Part time government employee 2.14

H

Halt-

After a continuous- of ten days, the halting place will the

temporary headquarters

2.33

Daily allowance not admissible for a continuous- of more than ten

days at one place

2.33(4)

Daily allowance not admissible for- otherwise than on tour- 2.32

Daily allowance inadmissible for- on journeys to obtain medical

advice, medical certificate or to appear before a medical board

2.62

Exemptions from the ten days rule 2.33

Government employee may draw daily allowance when he travels

more than 8 Kms from his place of last-

2.32

69

No allowance admissible for- on journeys by persons joining first

appointment or pensioners or government employees re-

employed

2.40

Head(s) of Department (s)-

Definition of the term-

1.2 (b)

Headquarters-

Absence on duty from- necessary to constitute a tour

2.28

After a continuous halt of ten days the halting place will be

regarded as Government employee’s temporary

2.33(5)

Beginning and end of period of absence from- 2.32

Daily allowance ordinarily inadmissible for journeys within 8 Kms

of-

2.33

Permanent travelling allowance is drawn whether Government

employee is absent from his- or not

2.5

Travelling allowance for journeys and halts within 8 Kms. of- 2.38

When actual expenses of maintaining office items may be

granted during a halt at or within 8 Kms of-

2.38

Holidays (s)-

Daily allowance during- on tour

2.33 (1)

Daily allowance inadmissible for any day, whether Sunday or –

unless government employee is actually in camp

2.33 (3)

Travelling allowance of a government employee undergoing a

course of training in a school or a college, on the occasion of and

vacation

2.65

J

Joining Time-

Permanent travelling allowance inadmissible during- 2.5

70

Journeys-

Commencement and end of-

2.18

Frequency and duration of- may be regulated by competent

authority

2.30

General rules of travelling allowance or – on tour 2.31 to 2.33

Point at which- commences or ends fixed by competent authority 2.18

Travelling allowance for- within 8 Kms of headquarters 2.37

Travelling allowance for – to join first post 2.39 to 2.41

Travelling allowance for- to attend examination 2.51 to 2.52

Travelling allowance for- on a course of training 2.65

Travelling allowance for- to obtain medical advice 2.61 to 2.64

Travelling allowance for- in connection with duty for local funds 2.66

Travelling allowance for- on transfer 2.42 to 2.49

Travelling allowance for- in attendance on incapacitated

government employee

2.63 to 2.64

Travelling allowance for- to give evidence 2.58

Travelling allowance for- performed to the permanent place of

residence to the family of government employee on his death

2.55

Travelling allowance for- when proceeding on or returning from

leave

2.54

Travelling allowance not admissible for- to procure health

certificate required on first appointment

2.39

Travelling allowance of government employee on transfer for- 2.43

Travelling allowance on tour of certain government employees

whose duties involve constant travelling by railway for

2.36

Journey by road-

Travelling allowance of government employee on transfer for 2.43

71

Travelling allowance when a- is combined with a journey by rail or

steamer or both

2.43

Journey by sea or river- 2.43

Travelling allowance of government employee provided with free

conveyance in full or in part for-

2.69 to 2.70

Travelling allowance for government employee on transfer for- 2.43

Travelling allowance when a – is combined with journey by road

or rail or both

2.43

L

Language Examination (s)-

Travelling allowance for attending an obligatory

2.51

Leave-

Daily allowance not admissible casual- taken when on tour

2.33 (2)

Drawal of permanent travelling allowance during- 2.5

Drawal of conveyance allowance during- 2.10

Grant of travelling allowance to attend examination to

government employee who while travelling or during the

examination is on-

2.52

Rate of travelling allowance which a competent authority may

grant to government employee for journey made during or at the

beginning or termination of-

2.53

Travelling allowance of government employee summoned to give

evidence while on-

2.58

Travelling allowance to government employee compulsorily

recalled from-

2.54

Travelling allowance of government employee taking- exceeding

180 days while in transit

2.48

72

Travelling allowance of government employee posted to a new

station on return from long

2.48

Travelling allowance ordinarily inadmissible to government

employee for journeys made during or while proceeding on or

returning from-

2.53(1)

Travelling allowance of government employee taking- not

exceeding 180 days while in transit from his old post to the new

post

2.48

Leave casual-

Government employee who takes- when on tour is not entitled to

draw daily allowance during such leave

2.33 (2)

Local Fund (s)-

Travelling allowance of government employees for journeys

performed in connection with a- is governed by rules of the-

2.66

Travelling allowance of government employee appointed as ex

officio member of a-

2.66 (b)

Luggage-

Government employee travelling by government steamer entitled

to actual expenses of transporting by other vessel

2.69

M

Medical Advice-

Rule as to when travelling allowance may be claimed for journey

to obtain-

2.61

Rates of travelling allowance for journey to obtain- 2.62

Medical Board or Committee-

Rates of travelling allowance for journey to appear before a-

2.61

Mileage allowance for road journeys-

73

Competent authority may grant different rates of- in certain cases 2.26

Conditions under which may be drawn in addition to daily

allowance by government employees whose duties require

constant travelling by railway`

2.36

Motor Car-

Conveyance allowances granted for upkeep of- ordinarily

precludes drawing of daily allowances for journeys made by-

2.10

Cost of transporting – between places connected by railway by

government employee on transfer how met

2.43 (a) 1 (iv)

When- of a government employee on transfer may be conveyed

at government expenses

2.43 (a) 1 (iv)

P

Part time Government employees-

Classification of- for purpose of travelling allowance

2.14

Pensioner (s)-

Travelling allowance may be granted to a- on reappointment to

government service

2.40

Permanent Travelling Allowance (s)-

A kind of travelling allowance

2.1

Conditions of grant of- 2.5

Amount of- admissible to government employees holding two or

more posts to each of which a – is attached

2.7

Travelling allowance, in addition to or for a- 2.8

Personal effects-

Explanation of term-

2.43 (b)

Government employee on transfer may be granted the actual 2.43 (Note 1)

74

cost of transporting – by goods train, steamer or other craft

When government employee on transfer carried his- by road

between places connected by rail or steamer, he may draw actual

expenses

2.43 (Note 1)

Promotion-

Revision of travelling allowance due to-

2.3

Public Conveyance-

Government employees travelling on duty within 8 Kms of

headquarters entitled to recover actual cost of-

2.37

When a government employee in receipt of permanent travelling

allowance and travelling by-is entitled to extra allowance based

on his actual expenses

2.8

R

Railway-

2.20-A

Travelling allowance of certain government employees whose

duties require constant travelling by – on tour

2.36

Travelling allowance of government employees on transfer for

journey by-

2.43

Travelling allowance for journey on tour by- 2.28

Railway fare-

Payment of- when travelling on duty within 8 Kms of

headquarters

2.37

Recall from leave-

Travelling allowance admissible to government employees in

case of compulsory-

2.54

Re-employment

Travelling allowance on- government service

2.40

75

Revision-

Revision of travelling allowance due to

2.3

Retirement-

T.A. on-

2.56

Route (s)-

Competent authority may permit mileage allowance to be

calculated on- other than the shortest or cheapest

2.17

Mileage allowance when two more – are equally short 2.16

Shortest- defined for purpose of mileage allowance 2.16

When mileage allowance should be calculated by – actually used 2.16

S

Servants-

Government employees travelling by government steamer

entitled actual expenses of transporting by other vessel

2.68

Sphere of duty-

Permanent travelling allowance intended to cover cost of

journeys within

2.8

When actual expenses may be granted in lieu of daily allowance

to government employee whose- extend over the whole state

2.3

Students (s)-

Travelling allowance admissible to a- not already in government

service selected to undergo a course of training

2.64

Sunday (s)-

Daily allowance inadmissible for- during tour unless government

employee is actually in camp

2.33 (3)

Tolls-

Payment of ferry and other- to an officer travelling on duty within

2.38

76

8 Kms of headquarters

Tour-

Beginning and end of journey on-

2.32

Competent authority may decide what constitutes absence on

duty of government employee on-

2.28

Competent authority may impose restrictions on the frequency

and duration of-

2.30

Daily allowance drawn when in 2.15

Daily allowance inadmissible during casual leave taken on 2.33(2)

Daily allowance inadmissible for journeys within 8 Kms of

headquarters

2.32

Daily allowance may be drawn during a halt on- or on a holiday

during-

2.32

Transfer (s)-

At one’s own request is not for public convenience: travelling

allowance is not admissible

2.42

General condition regarding the drawal of composite transfer

grant on-

2.42

Grant of composite transfer grant to a government employee

appointed as a result of competitive examination

2.42

Grade of a government employee on- for the purpose of

calculating travelling allowance

2.12

Travelling allowance for journeys on- 2.42 to 2.43

Travelling allowance admissible to the family of a government

employee on- who is obliged to send his family to a station other

than his new headquarters

2.46

Travelling allowance of government employee whose posting is

changed in transit

2.47

77

Travelling allowance of government employee on- who is

permitted to hand over charge or take over charge at a place

other than the headquarters

2.45

Travelling allowance of a government employee transferred on

return from leave exceeding 180 days

2.48

Transit-

Grade of a government employee in-

2.12

Travelling allowance of government employee appointed to a new

post while in-

2.46

Travelling allowance of government employee taking leave

exceeding 180 days while in-

2.48

Calculated with reference to the purpose of journey 2.2

Different kinds of 2.1

Distribution of government employees into grades for purpose of

calculating

2.12

For journey to obtain medical advice 2.60

For journey to obtain medical certificate in support of application

for leave

2.60

For journey when proceeding on or returning from leave 2.53 to 2.54

Forms of- journeys on tour 2.29

For journey in connection with a course of training 2.64

For journey in connection with duty for local funds 2.65

For journeys on transfer 2.42 to 2.43

For journey to give evidence 2.57

For journey to attend an examination- may not be drawn more

than twice for any one examination

2.51 (proviso

1)

For journeys and halts within 8 Kms of headquarter 2.37 to 2.38

78

For journey in attendance on an incapacitated government

employee

2.62 to 2.63

For journeys in the interest of public service for any purpose not

specified in rule

2.2

General rules regulating- for different kinds of journeys 2.16

Government employee compulsorily recalled from leave 2.54

Government employee required to under take defence at public

cost in criminal or civil cases brought against him in respect of

acts done in the discharge of his official duty

2.57

Grades to which government employees in transit from one post

to another belong

2.12

Granted for joining first appointment in exceptional cases 2.39

Inadmissible for journey to obtain a medical certificate, on first

appointment

2.60

Kinds of- 2.1

Not admissible for journey to procure health certificate required

on first appointment

2.39 (note)

Of a government employee summoned to give evidence while on

leave

2.57

Of government employee taking leave not exceeding 180 days

before joining a new post

2.48

Of government employee whose appointment is changed while in

transit

2.47

On re-appointment to government service 2.40

Revision of- due to promotion or reversion 2.3

Travelling allowance Bill (s)-

Duty of controlling officer when signing or countersigning a

2.76

79

Revision of the- of a government employee who is promoted or

reverted with retrospective effect

2.3

Signature of controlling officer on a permanent- unnecessary 2.76

V

Vacation (s)-

Travelling allowance of a government employee undergoing a

course of training in a school or college on the occasion of

holidays and

2.64

Travelling allowance admissible to a government servant recalled

to headquarters during

2.54

W

Witness (s)-

Travelling allowance of a government employee summoned as-

2.58 to 2.59

80

Note of Posting of Corrections

Serial No. of correction

Rule affected

Date of posting

Serial No. of correction

Rule affected

Date of posting

Serial No. of correction

Rule affected

Date of posting

1

GOVERNMENT OF HARYANA

FINANCE DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART VI – Other Compensatory Allowances Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of

the powers conferred by the proviso to Article 309 of the Constitution of India, as

under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from

the partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time, till

date before the updation in the present form, and these rules have been brought out

in VIII parts, as detailed above, for the sake of convenience and facility for easy

handling of the books to the readers.

4. These rules will apply to Government employees belonging to the categories

mentioned in rule 1.2 of Part I – General Rules of these rules from the date of issue

of this publication.

3

5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana

Government. However, they will be governed by the rules issued by the President of

India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series “GR, LR and PF” (abbreviation for General Rules, Leave Rules,

Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing rules

contained in Haryana Civil Services Rules, Part I to VI and the Chief Secretary,

General Administration Department is the competent rule making authority for Part

VII - Government Employees Conduct Rules and Part VIII - Punishment and Appeal

Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-

writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules,

are requested to bring them to the notice of their Head of Departments, who will

please submit their proposals to the Finance Department, through the Administrative

Department concerned for Part I to VI and to the Chief Secretary, General

Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

The Haryana Civil Services Rules Part VI – Other Compensatory Allowances Rules

1- Compensatory Allowances

(i) General

1. Short Title and Commencement: - (1) These rules may be called the Haryana Civil Services Rules, Part VI –

Other Compensatory Allowances Rules, 2012.

(2) These rules have been issued by the Governor of Haryana under proviso to

Article 309 of the Constitution of India.

(3) They shall come into force on the date of their publication in the Official Gazettee.

2. Extent of Application - These rules shall apply to all Government employees of

Haryana as mentioned in Rule 1.2 of Haryana Civil Services Rules, Part I – General

Rules.

3. Definitions - The terms defined in Chapter II of Haryana Civil Services Rules,

Part I – General Rules, of these rules, have, unless there is anything repugnant in

the subject or context, the same meaning and implications when used in this part.

4. Subject to the provisions of rule 5 to 9 and to the conditions that the amount of

compensatory allowance is so regulated that it is not on the whole a source of profit

to the recipient, a competent authority may grant such an allowance to any

Government employee.

Unless in this section it be, in any case, otherwise expressly provided a

compensatory allowance attached to a post will be drawn in full by the Government

employee actually performing the duties of that post and will not be drawn in whole

or in part by any one else. Save as provided by the rules in this part, a compensatory

allowance attached to a post will cease to be drawn by a Government employee

when he vacates the post.

Note 1.– Compensatory allowances to the personal staff of the Governor (including

the Military Officers, if any), are regulated by the Government of India (Governors’

Allowances and Privileges) Order, 1950.

Note 2.– The grant of travelling allowance (which is also a compensatory allowance,

- vide rule 2.9 in Part I- General Rules) is regulated by the rules in Part VI –

Travelling Allowance Rules.

Note 3.- The rates of any compensatory allowance, whenever granted or revised,

shall be notified by the competent authority.

5

5. In this section -

(a) ‘Leave” means leave taken for a period not exceeding 180 days, other than leave

preparatory to retirement. The title to compensatory allowance will remain intact:-

(i) when the original leave not exceeding 180 days is not subsequently extended, or

if extended, the total does not exceed 180 days, throughout the period;

(ii) when the original or extended leave not exceeding 180 days referred to in sub-

clause (i) is subsequently extended and the total period exceeds 180 days, up to the

date of expiry of the original or extended leave not exceeding 180 days or the date of

sanction to the first subsequent extension which causes the total period of leave to

exceed 180 days, whichever is earlier;

(b) ‘Temporary Transfer’ means a transfer to duty in another station which is

expressed to be for a period not exceeding 180 days. For the purpose of this section

it includes deputation. Subject to the limit of 180 days, the title to compensatory

allowance, if the temporary duty is subsequently extended beyond 180 days in all,

will remain intact up to the date of the orders of extension.

Note 1.– Unless in any case it be otherwise expressly provided in these rules, joining

time shall also be inclusive in the period of 180 days.

Note 2.– When vacation is combined with leave, the entire period of vacation and

leave shall be taken as one spell within the meaning of 180 days

Note 3.– “Leave” shall also include “extraordinary leave”.

(ii) City Compensatory Allowance

6. A city compensatory allowance granted owing to the expensiveness of living in a

locality may be drawn -

(a) during leave, if -

(i) the authority sanctioning the leave, certifies that the Government employee is

likely, on the expiry of the leave, to return to duty at the station from which he

proceeds on leave or at another station in which he will be entitled to a similar

allowance; and

(ii) the Government employee certifies that he or his family or both reside for the

period for which the allowance is claimed, at any of the stations mentioned in sub-

clause (i) above.

(b) during temporary transfer, if -

6

(i) the authority sanctioning the transfer certifies that the Government employee

is likely on the expiry of the temporary duty to return to the station from which he is

transferred.

(ii) the Government employee draws no allowance of the same kind in the post

to which he is transferred ; and

(iii) The Government employee certifies that he kept his family, for the period for

which the allowance is claimed at the station from which he proceeded on temporary

transfer.

Note 1.- To obviate all misunderstanding the authority sanctioning the leave or

temporary transfer should invariably embody in the sanctioning orders, in terms of

rules 6 to 9, a certificate regarding the likelihood of the Government employee

returning to the post or station as the case may be.

The certificate mentioned above must be embodied in the original order

sanctioning the leave or temporary transfer, otherwise, it will not be accepted in audit

except in cases where such an order is revised before the Government employee

actually hands over the charge to proceed on leave or temporary transfer.

Note 2.- Subject to the fulfillment of the requisite conditions laid down in rules 6 to

9, an officiating Government employee will draw compensatory allowance during

leave if he is expected to return on the expiry of his leave-

(a) either to the same post from which he proceeded on leave or to another post

in the same or another station carrying a similar allowance at the same rate as he

was drawing immediately before proceeding on leave;

(b) to another post in the same or another station carrying a similar allowance at

a reduced or enhanced rate at the same rate at which he was drawing it immediately

before proceeding on leave or at the rates admissible for the post to which he is

expected to return whichever is less; and

(c) to another post in the same or another station not carrying similar allowance-

no allowance.

These orders will apply uniformly in all cases, irrespective of whether the post to

which the allowance is attached is held by the Government employee in a

substantive or officiating capacity.

Note 3.- The underlying intention of rule 6 is to restrict Government employees

title to compensatory allowance during leave to periods of leave prescribed in rule 5

(a) other than leave preparatory to retirement. Authorities empowered to sanction

7

leave should, therefore, scrutinize with special care leave applications from

Government employees on the verge of retirement and should in cases where there

is an obvious intention to evade the rule by taking leave for six months or less,

returning to duty for a few days only and then retiring, refuse to grant leave of any

other kind than “leave preparatory to retirement”.

Note 4.- A Government employee shall be entitled to city compensatory allowance

during joining time at the rate admissible at the station from which he was transferred

or new station , whichever is less.

(iii) Conveyance Allowance

7. A conveyance allowance granted for motor car, motor cycle/scooter or bicycle

may be drawn as under :-

(a) During Leave – no such allowance shall be drawn during regular leave. If a

Government employee has attended the office even for a day during the

month then the conveyance allowance will be drawn for whole month.

(b) During Suspension – no such allowance shall be drawn.

(c) During Temporary Transfer – the allowance may be drawn under following

conditions: -

(i) the authority sanctioning the temporary transfer certifies that the maintenance of a

motor car, motor cycle/scooter or bicycle, as the case may be, is necessary and

advantageous in public interest at the station to which Government employee is

temporarily transferred ; and

(ii) the Government employee certifies that he continued to maintain the vehicle.

(d) During Joining Time – the allowance may be drawn during joining time at the rate

admissible at the station from which he was transferred or new station, whichever is

less.

Note 1.– See also note 1 below rule 6.

(iv) House Rent Allowance

8. A house rent allowance may be drawn by a Government employee at the rate

sanctioned by the Government from time to time with reference to the place of

posting during leave or temporary transfer as specified in clauses (a) (i) or (b)(i) and

(ii) of rule 6 subject to the production of rent receipt/certificate.

Note 1.– See note 1 below rule 6.

Note 2.– A Government employee who, on transfer, has been permitted to retain

Government accommodation at the old station will be eligible for house-rent

8

allowance in respect of the new station, if otherwise admissible, without regard to the

fact whether he has been permitted to retain the Government accommodation at old

station on payment of normal rent or penal rent. Note 3.- Government employee under suspension shall draw full house rent

allowance subject to fulfillment of other conditions.

Note 4.- (a) In case of death of a Government employee while in service, the family

of the deceased shall be entitled to house rent allowance for a period of one year at

the rate drawn by the Government employee immediately before death.

(b) In case of death of a Government employee while in service, the family of the

deceased shall be entitled to retain the Government accommodation on payment of

normal licence fee for a period of one year from the date of death of the employee. Note 5.- A Government employee shall be entitled to house rent allowance during

joining time at the rate admissible at the station from which he was transferred or

new station, whichever is less.

(v) Other Compensatory Allowances

9. The other compensatory allowances such as handicap allowance, hill allowance,

non-practicing allowance, uniform allowance granted may be drawn as under :-

(1) Handicap Allowance – It shall be paid during temporary transfer, leave less than

one month, and joining time but shall not be paid during suspension.

(2) Hill Allowance - It shall be payable during suspension, leave and temporary

transfer, if it is certified by the Government employee concerned that he or his family

or both resided at the hill station concerned for the period for which the allowance is

claimed . The hill allowance shall be admissible during joining time at the rate

prescribed for the old station from which he was transferred or new station,

whichever is less.

(3) Non-Practicing Allowance - It shall be payable during suspension, leave,

temporary transfer and joining time, if it is certified by the concerned Medical Officer

that he did not conduct any private practice during such period.

(4) Uniform Allowance - The uniform allowance shall be admissible subject to actual

wearing of uniform during duty hours by the Government employee. It shall be paid

during temporary transfer but shall not be paid during suspension , leave and joining

time.

9

II- Rent of Government Residences - General

10. (1) The following rules govern the allotment to Government employees for use

by them as residences of such Government buildings or any portions thereof as may

be made available for the purpose.

(2) A Government employee of a Government, other than the Haryana Government,

occupies by official arrangement a residence provided by the Haryana Government

or vice versa, rent shall be recoverable from the Government employee as under: -

(a) The Haryana, Punjab, Madras, Uttar Pradesh, Assam, Madhya Pradesh,

Andhra Pradesh and Central Government have mutually agreed that when an

employee of one of these Governments occupies a residence provided by any one of

these Governments will claim the rent which would be recoverable from the

Government employee if he were serving under its administrative control. In other

words neither Government is to be called upon to make good to the other than due

to the difference of the standard rent and the rent actually recovered.

(b) The contention with the Governments of Bombay, West Bengal, Bihar and

Orissa is that the Government providing the residence will claim from the

Government employee a rent which would be recoverable from him if he were

serving under its administrative control, and the difference, if any, between the rent

recovered from him and the standard rent fixed for the residence under the rules of

the providing Government will be paid by the Government under whose

administrative control he is serving.

(c) When Haryana Government employee occupy a residential accommodation

provided by Railway Administration or Railway Officers occupy residential

accommodation provided by the Haryana Government, recovery of rent will be

limited to 6 per cent on the capital cost excluding the cost of land, subject to 10 per

cent of their pay: provided that in the case of buildings provided by Railway

Administrations on their own premises for Railway Police, Railway Administrations

will debit the Haryana Government with the full standard rent (i.e. rent calculated on

actual capital cost) for all railway buildings occupied by the “Order” police staff

(including supervising staff), the Haryana Government debiting the railways: -

(1) With the difference between the standard rent and actual rent recovered in the

case of staff other than supervising; and

(2) ¼ of this difference in the case of supervising staff.

10

11. Nothing contained in these rules shall so operate as to require payment of rent,

for the occupation of residences supplied by Government by those Government

employees who have been exempted from such payment under the provisions of

law or to affect the amount of rent or charges payable by those Government

employees in whose case the amount so payable is prescribed by law for the time

being in force.

(i) Capital Cost of Building and Assessment of Rents

12. For the purpose of the assessment of rent, the capital cost of a residence owned

by Government shall include the cost or value of sanitary, water-supply and electric

installations and fittings, and shall be either:-

(a) the cost of acquiring or constructing the residence including the cost of site and

its preparation and any capital expenditure incurred after acquisition or construction;

or, when this is not known,

(b) the present value of the residence, including the value of site.

Note 1.- The cost of restoration of special repairs shall not be added to capital cost

or present value unless such restoration or repairs add to accommodation or

involves replacement of the existing type of work by work of a more expensive

character.

13. For the purpose of rule 12 -

(i) expenditure incurred on works such as -

(a) raising, leveling and dressing sites;

(b) construction of revetments and retaining walls;

(c ) storm water drains, and

(d) approach roads and paths within the compound;

Shall be regarded as expenditure upon preparation of a site.

14. When the present value of a residence and of the site on which it stands is

unknown,-vide clause (b) of rule 12, the value of the residence and of the site shall

be estimated separately by the Divisional Officer, who shall, if the estimated value of

either does not exceed Rs. 1,00,000/- submit the estimate to the Superintending

Engineer who shall determinate the present value. If the Divisional Officers, estimate

of either the site or the residence exceed Rs.1,00,000/- he shall submit it to the

Superintending Engineer, who shall forward it to the Chief Engineer, who shall

determinate the value of the residence and of the site. The Divisional Officer’s

11

estimate shall, in both cases, be accompanied by a report of the revenue authorities

of the district in regard to the value of the land and also the value of the building with

reference to the market value of similar building in the vicinity.

15. A competent authority may, for reasons which should be recorded authorize a

revaluation of all residences of a specified class or classes within a specified area to

be conducted under rule 14 above , and may revise the capital cost of any or all such

residences on the basis of such revaluation.

Note .- The intention of this rule is to authorize revaluation of a residence or

residences in accordance with rule 14 even when the factors specified in clause (a)

of rule 12 are known.

16. The capital cost, howsoever, calculated, shall not take into consideration -

(I) any charges on account of establishment and tools and plant ,other than such as

were actually charged direct to the work in cases in which the residence was

constructed by Government , or

(2) in other cases, the estimated amount of such charges .

Note- Full departmental charges should be levied in cases referred to in note (1)

below rule 12.

17. Renewals of a building or of its subsidiary works, such as out houses, roads,

drains, culverts etc. or new construction, such as retaining walls necessitated by the

occurrence of fire, flood, earthquake, abnormal storm or other calamity will be

chargeable to the capital cost, but on completion a competent authority will decide

what amount should be written off of the original capital cost. When a portion of a

building required to be dismantled to make room for alterations and additions, the

capital value of the dismantled portion should be dealt with under the rules in the

Public Works Department Code applying to buildings generally. 18 A competent authority may, for reasons which should be recorded write off a

specified portion of the capital cost of a residence-

(1) when a portion of the residence must be set aside, by the Government employee

to whom the residence is allotted, for the reception of official and non-official visitors

visiting him on business; or

(2) when it is satisfied that the capital cost, as determined under the above rules,

would be greatly in excess of the proper value of the accommodation provided.

12

19. In assessing the cost or value of the sanitary, water-supply and electric

installations and fittings (vide rule 12) the following shall be regarded as comprising

the installation and fitting:-

(a) Electric Fitting

(1) Lamps of all kinds (excluding bulbs, tubes etc.);

(2) Fans, including switches and regulators, the hire of which is not charged

separately;

(3) Meters;

(4) Electric heaters and water heaters, which are fixed to walls, floor or ceilings;

and

(5) Electric lifts.

(b) Sanitary and Water Supply Fittings

(1) Apparatus for hot water supply;

(2) Baths, basins and lavatory equipments; and

(3) Meters.

Note 1.- The inclusion of these articles in this rule does not bind Government to

provide all or any of them in a residence.

Note 2.- When table lamps, table fans or other electrical appliances not included

under

“Electric Supply” above, have already been supplied, their cost should be included

in the capital cost of the residence, but on their becoming unserviceable they should

not be replaced, the capital cost of the residence being reduced accordingly.

(ii) Standard Rent

20. The standard rent of a residence shall be calculated as follows:-

(A) (1) In the case of a leased residence and a requisitioned residence, which is

according to and within the entitlement of a Government employee, the standard rent

shall be the same as in the case of residence of similar range of living area owned

by the Government.

(2) In the calculation of standard rent of leased residence, the addition to be made

for meeting the charges on Government other than the sum paid to the lessor shall

be:-

(a) for meeting such charges, for both ordinary and special maintenance and repairs,

the amount estimated by the competent authority to be the probable cost of

maintenance and the repairs of the residence (including maintenance and repairs of

13

any additional work done at Government expense) and all the rates and taxes in the

nature of the house or property tax payable in respect of the residence under any

law or custom by the owner to a municipality or other local body, unless the amount

of such rates or taxes has been included in the sum paid to the lessor, and

(b) for meeting such charges, for capital expenditure on additions or alterations and

for the interests on such capital expenditure, an amount estimated by the competent

authority to be sufficient to repay to Government during the period of the lease such

charges, or such part thereof as the lessor may not have agreed to reimburse to

Government plus interest at the rate 6 percent per annum-

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

or

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

charges and the amount to be reimbursed.

(B)(1) In the case of residence owned by the Government the standard rent shall be

calculated on the capital cost of the residence, and shall be either-

(a) a percent of such capital cost equal to such rate of interest as may from time to

time be by the competent authority (see rule 23) plus an addition for municipal and

other taxes in the nature of house or property tax payable by the Government in

respect of the residence and for both ordinary and special maintenance and repairs,

provided the addition to be made for municipal and other taxes payable by

Government and for both ordinary and official maintenance and repairs shall be-

(i) the amount estimated by the competent authority to be the probable cost of the

maintenance and repairs of the residence (including sanitary, water supply and

electric installations and fittings) plus the amount of the rates or taxes in the nature of

the house or property tax payable in respect of the residence under any law or

custom by the owner to a municipality or other local body; or

(ii) if no such estimate has been made, a percentage of the sum taken under rule 12

as the capital cost of the residence, to be fixed by the competent authority and based

on the average proportion which the amount actually charged for such taxes,

maintenance and repairs in respect of residences of similar design and with similar

conveniences in the same locality bear to the capital cost of such residences; or

(b) 6 percent per annum of such capital cost, whichever is less.

(2) For purpose of making estimate of fixing the percentage referred to in clause

(B)(1)(a)(i)(ii):-

14

(a) “probable cost” shall include all charges which may reasonably be expected to be

incurred.

(b) “ordinary repairs” shall include repairs executed annually or periodically, but shall

not include special repairs;

(c) “special repairs” shall include renewal of floors and roofs and other replacements

recurring at long intervals; and

(d) the probable cost of the repairs necessitated by the occurrence of fire, flood,

earthquake, abnormal storm or other natural calamity shall not be taken into

consideration.

(3) The competent authority may at any time revise the amount estimated or the

percentage fixed by it under clause (a) of rule 20(B)(1) and shall so revise it, if no

revision has taken place for five years.

(C) In the case of the residence gifted to the Government, or released on a nominal

rent or on a rent free basis to the Government, the standard rent shall be the same

as in the case of a residence owned by the Government;

(D) In all cases standard rent shall be expressed as standard for a calendar month

and shall be equal to one twelfth of the annual rent as calculated above, subject to

the proviso that, in special localities or in respect of special classes of residence, a

competent authority may fix a standard rent to cover a period greater than one

month, but not greater than one year. Where a competent authority takes action

under the proviso, standard rent so fixed shall not be a greater proportion of the

actual rent than the proportion of the annual rent than the proportion which the

period of occupation as prescribed under rule 35 below bears to one year.

Note 1.- For the purpose of clause (A), (B) and (C) above, the additions for both

ordinary and special maintenance and repairs shall not include any thing for the

establishment and tools and plants charges, except to the extent allowed under rule

16 above.

Note 2.- Executive Engineer of Public Works Department(B &R) under whose

jurisdiction the building is located shall be competent to assess and fix the standard

rent of that building.

21. (a) When the standard rent of a residence has been calculated, minor additions

and alterations may be made without the rent of the residence being increased

subject to the following conditions :-

15

(i) the total cost of such additions and alterations shall not exceed 5 per cent of the

capital cost on which the standard rent was last calculated ; and

(ii) such additions and alterations shall be made within five years after the last

calculation on the standard rent.

(b) In case where additions or alterations are made at the specific request of an

officer to whom the residence has been allotted, additional license fee calculated at

the rate of six percent of the estimated cost of additions and/or alterations will be

recovered from that Government employee from the date of completion of the work,

over and above the license fee which otherwise would have been charged under the

provisions of clause (b)(i) of Rule 24. Such additional recovery will continue until that

residence is allotted to another officer or till standard license fee has been

recalculated under clause (c) of this rule.

(c) When by reasons of additions and alterations, the capital cost of a residence

exceeds by more than 5 per cent the capital cost on which the standard rent was last

calculated, the standard rent shall be recalculated with effect from the 1st of April,

next following or from the date upon which a new tenant becomes liable for the

payment of rent whichever is earlier.

(d) Subject to the provisions of clause (b) the standard rent of a residence shall be

recalculated on the expiry of five years from the date of last calculations and the

recalculations shall take effect from the 1st of April next following or from such other

date as the competent authority may direct.

(e) Notwithstanding clause (c) and (d), when a residence referred to in clause (b) is

vacated by the officer at whose request additions or alterations were made, the

standard rent of the residence on reallotment to another officer will be existing

standard rent plus the additional rent sanctioned in accordance with clause (b). If the

standard rent of that residence has been pooled with other residences, its pooled

rent will be the existing pooled rent plus additional rent recoverable under clause (b).

Note 1.- It is the duty of the Executive Engineer to give timely notice to the tenant

concerned of the increase in rent. Omission, however, on his part to give such

intimation in any case will not constitute a reason for the enhancement of rent taking

effect from a date later than that on which it is due under the above rule.

Note 2.- In the case of substantial additions or alterations to a residential building,

pending sanction of the revised standard rent by the competent authority, its rent

should be provisionally fixed so as to allow an adequate margin to cover rent in

16

respect of the estimated expenditure of such additions or alterations and unforeseen

charges, and recovery of rent from the tenant should be effected at that rate. If the

provisional rent is more than the revised standard rent, the amount recovered in

excess shall be refunded to the tenant.

22. If a building is actually occupied prior to the closing of the accounts of

expenditure on its construction, acquisition or equipment, rent is nevertheless

chargeable from the date of occupation and should be fixed provisionally with the

sanction of the competent authority. The rent, thus fixed provisionally while the

accounts are open, is subject to revision with retrospective effect when they are

closed and no remission of rent on this account can be made save with the sanction

of the competent authority.

Note 1.- The provisions of note 2 below rule 21 also apply mutatis mutandis to newly

constructed buildings.

23. The rate of interest at 6% should be applied in calculating the standard rent of

residences under rule 20(B).

(c) Conditions of Tenancy and Rent Payable by Government Employees

24. When Government supplies a Government employee with a residence leased

or owned by it, the following conditions shall be observed :-

(a) the scale of accommodation supplied shall not, except at the Government

employees own request exceed that which is appropriate to the status of the

occupant ;

(b) unless in any case it is otherwise expressly provided in these rules, he shall pay

:-

(i) rent calculated at the five percent of his monthly emoluments or standard rent as

provided in rule 20, whichever is less;

25. Notwithstanding anything contained in clause (b) of rule 24 above,

Government may-

(i) At any time, after the standard rents have been calculated, under the

provision of rule 20 above, group a number of residences, whether in a particular

area or of a particular class or classes, for the purpose of assessment of rent,

subject to the following conditions being fulfilled :-

17

(1) that the basis of assessment is uniform ; and

(2) that the amount taken from any Government employee shall not

exceed 3 per cent of his monthly emoluments;

(ii) by the general or special order provide for taking a rent in excess of that

prescribed in rule 24(b) above from a Government employee -

(1) who is not required or permitted or reside on duty at the station at which the

residence is supplied to him ; or

(2) who, at his own request, is supplied with accommodation which exceeds that

which is appropriate to the status of the post held by him; or

(3) who, is in receipt of a compensatory allowance granted on account of

dearness of living; or

(4) who does not vacate the residence after the cancellation of allotment; or

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

Note 1.- If the rent of a building allotted to a Government employee is enhanced from

a previous date, nothing shall prevent Government from effecting the recovery at the

enhanced rate with retrospective effect.

26. A Government employee who, at his own request, is supplied with a

residence owned or leased by Government of a class higher than that for which he is

eligible or affording accommodation in excess of that which is appropriate to his

status, unless otherwise decided by the competent authority, be charged the full

standard rent as calculated under rule 20 et seq and shall not be given the benefit of

the 5 per cent concession afforded by rule 24 (b).

27. For the purposes of clause (b) of rule 24 above “emoluments” means :-

(i) Pay as defined in rule 2.37(a)(i) of Part I - General Rules.

18

(ii) In the case of a Government employee under suspension, the pay which he was

drawing immediately before suspension.

(iii) The emoluments of a Government employee on leave mean the emoluments

drawn by him immediately before proceeding on leave.

28. The Government employee to whom a residence is allotted, - vide rule 35 et seq

is responsible for the rent recoverable under the rules during the period of allotment

unless exempted by competent authority under the provisions of rule 29.

Entitlement and Rent of Government Accommodation

29. The entitlement of different types of Government accommodation to Government

employees will be determined as per pay range given below:-

Type of

House

Total Area Plinth Area Pay range of entitlement (Band pay plus grade pay)

1 2 3 4 I 125 Sq. yds. 350 Sq. fts.+

5% Upto Rs. 12900, 30% houses will be reserved for Group-D employees

II 140 Sq. yds. 440 Sq. fts.+ 5%

Rs. 12901 to 17100

III 190 Sq. yds. 600 Sq. fts.+ 5%

Rs. 17101 to 21000

IV 360 Sq. yds. 770 Sq. fts. + 5%

Rs. 21001 to 37400

V 500 Sq. yds. (1 Kanal)

1220 Sq. fts. + 200 sq. fts. as garage

Rs. 37401 & above

30. (1) Unless in any case it is otherwise expressly provided, the Government

employee shall pay rent of the entitled type of accommodation allotted to him at the

rate of 3% of his monthly emoluments during the period of authorised occupation. (2) In case a Government employee entitled for higher type of accommodation but

allotted the accommodation of a type below to his entitlement or residing in such a

accommodation, the rent shall not be recovered more than the maximum rent

working out for that type of accommodation.

(3) The Government employee shall not be liable to pay any municipal and other

taxes payable by Government in respect of the residence being in the nature of

house or property tax.

19

(d) Rent Free Accommodation and Waiving or Reducing the Amount of Rent

31. In special circumstances, for reasons which should be recorded, a competent

authority -

(a) may, by general or special order, grant rent free accommodation to any

Government employee or class of Government employees; or

(b) may, by special order, waive or reduce the amount of rent to be recovered from

any Government employee or class of Government employees.

Note 1.- A list of Government employees who are entitled for rent free

accommodation under this rule is given in Annexure 1.

Note 2.- A Government employee entitled to rent free accommodation and have not

been provided with it shall be granted 2 ½ % of Band Pay plus Grade Pay and HRA

at the place of posting or actual rent, whichever is less.

32. When, under clause (a) of rule 31, a Government employee is provided with

quarters free of rent, no rent shall be charged for such accommodation but he shall

be liable to pay the charges for the additional facilities unless exempted in any case

by the competent authority.

The concession of rent-free quarters does not carry with it the free supply of

water and electric energy, the cost of which must be defrayed by the Government

employee himself. The rent of water and electric meters is also payable by the

Government employee.

33. A competent authority may sanction remission of rent due for the occupation of a

Government building when the building is rendered uninhabitable by reason of

extensive repairs being in progress, or from any other cause: Provided that if the

occupier finds that the house has become uninhabitable he shall at once report the

matter to the Executive Engineer in charge of the building, who will immediately

inspect it and forward a report on the subject to the Superintending Engineer. The

latter will take such steps in the matter as he considers necessary, reporting his

action to the competent authority, who will then decide whether partial or total

remission of rent is to be allowed.

Note 1.- Inconvenience caused by petty or ordinary annual repairs is insufficient to

warrant remission of rent which should be granted only when extensive structural

20

repairs, justifying in the opinion of the competent authority the vacation of the

building, are carried out.

34. (a) If a residence is supplied with additional services such as furniture,

television, refrigerator, geyser etc. at the cost of Government, rent shall be charged

for these in addition to the rent payable under rule 24. The additional rent shall be

fixed and recovered in full subject to the following provisions, namely”-

(i) the annual rent shall be calculated @ 10% of the total cost of these articles;

(ii) the rent shall be expressed as a monthly rent and shall be one-twelfth of the annual rent.

(b) In case residence is fitted with water and electric meter, the Government

employee shall pay charges for such services as being charged by the concerned

authorities.

General Rules and Instructions Regarding Allotment of Residence

35. The expression “allotted” means the allotment of a Government accommodation

to a Government employee. The process of allotment shall deemed to be completed

on taking possession of the residence by the allottee. The rent for the allotted

accommodation shall be charged from the allottee from the date of possession.

36. The period of allotment of Government accommodation is determined from the

date of possession of residence till the allottee becomes ineligible for retaining the

allotted residence on account of different situations such as transfer, retirement,

death, dismissal/removal from service, cancellation/surrender of residence etc.

Note 1.- The Government employee shall not be permitted under any circumstances

to sublet the residence allotted to him.

37. Government employee shall further be entitled to retain the Government

accommodation on normal licence fee even after the circumstances mentioned in

Rule 36, for the concessional period as under:-

21

S.No. Events Permissible period for retention of

residence

1 Resignation, dismissal, removal

or termination of service or

unauthorized absence without

permission

1 month

2 Retirement 4 months

3 Death of the allottee 12 months

4 Transfer to other station 2 months and further 2 months on

medical grounds of self or any of the

members of the family or on the

ground of education of children of

the employee subject to the

approval of the authority competent

to allot the accommodation

5 Leave (other than leave

preparatory to retirement or leave

on medical grounds)

For the period of leave but not

exceeding 180 days

6 Leave preparatory to retirement For the full period of leave

7 Leave on medical grounds For the full period of leave

8 Deputation outside India For the period of deputation but not

exceeding six months

9 On proceeding on training For the full period of training

Note 1.- Where a residence is retained, the allotment shall be deemed to be

cancelled on the expiry of the admissible concessional period unless immediately on

the expiry thereof the employee resumes duty at the station.

Note 2.- Government employees enjoying rent free accommodation shall also be

allowed to retain the rent free accommodation for the concessional period.

Note 3.- The Government employee shall be liable to pay fifty times of the normal

rent after the expiry of the concessional period and proceedings under the Haryana

22

Public Premises and Land (Eviction and Rent Recovery) Act, 1972 shall be initiated,

if the allotee does not vacate the accommodation.

IV - Honoraria and Fees

Honoraria 38. Subject to the condition prescribed in rule 39 a competent authority may grant or

permit a Government employee to receive an honorarium as remuneration for work

performed which is occasional or intermittent in character and either so laborious or

of such special merit as to justify a special reward. Except when special reasons,

which should be recorded in writing, exist for a departure from this provision sanction

to the grant or acceptance of an honorarium should not be given unless the work has

been undertaken with the prior consent of the competent authority and its amount

has been settled in advance.

Note1.- In a case where an honorarium is to be granted to a Government employee

first there must be an order of competent authority permitting acceptance of the

honorarium by the Government employee, and there must also be an order

sanctioning the grant of the honorarium. In a case where an honorarium is to be

granted to a Government employee belonging to a department other than the one

which is to pay it there should, therefore, be two sanctions, one for the payment of

the honorarium by the Department in which the expenditure, is to be incurred and the

other for the acceptance for the honorarium which must be issued by the Department

to which the Government employee belongs. In order to avoid duplication of work in

having to give two different sanctions, one single sanction should be given both to

the grant and acceptance of the honorarium and this sanction should be given by the

department paying the honorarium after obtaining the concurrence of the department

in which the Government employee happens to be serving.

Exception - A Government employee may accept remuneration upto any amount for

work connected with an examination(s) conducted by Union/ State Public Service

Commission, Union/State Department(s) without the sanction of competent authority.

Note 2.- The sanctioning authority shall record in writing that due regard has been

paid to the general principle enunciated in rule 3.9 and shall record also the reasons

which in his opinion justify the grant of the extra remuneration.

Note 3.- Note 2 above requires that the reasons for the grant should be recorded in

writing as it is intended, that the grant of an honorarium should be carefully

23

controlled by Government. and scrutinized by audit and that audit should be given an

effective opportunity of comments if it be deemed necessary. Accountant General

may, therefore, require that the reasons for the grant of an honorarium should be

communicated to him in each case.

Note 4.- The amount of an honorarium must be fixed with due regard to the value of

the service in return of which it is given.

Note 5.- Temporary increase in work due to the holding of special conferences under

the auspices of a department or subordinate authority or of inter-departmental

committees are normal incidents of Government service and form part of the

legitimate duties of Government employees according to the general principal

enunciated in rule 3.9 of Part I - General Rules . Those so employed have, therefore,

no claim to extra remuneration.

Note 6. No honorarium should be granted to gazetted officers engaged on work in

connection with the setting up of companies, corporations, etc, which forms a part of

their normal duties even if they work beyond office hours.

39. When the service rendered falls within the course of the ordinary duties of the

Government employee performing it, the test of special merit prescribed in rule 40

must be very strictly applied.

Note 1.- The expression “within the course of the ordinary duties” has been defined

as follows:- A service rendered by a Government employee is said to be within the

course of the duties of that Government employee when it is of the same nature as

that for which his regular employment exists. The test that should be applied in

deciding any particular case is to determine whether the service rendered is such as

the Government employee habitually performs in the course of his ordinary duties. A

service does not cease to be within the course of the duties of the Government

employee because it has been rendered for an object not concerned with the usual

operations of his department or involves an unusual expenditure of labour. Fees

40. Subject to rules under which a fee may be received by a medical officer of

Government for services other than professional attendance (see note 5 below) or

an expert witness summoned in a criminal court (see note 6 below) and subject to

rules 41 and 42, a competent authority may permit a Government employee, if it be

satisfied that this can be done without detriment to his official duties or

responsibilities, to perform a specified service or series of service for a private

24

person or body or for a public body, including a body administering a local fund and

to receive as remuneration therefor, if the service be material, a non-recurring or

recurring fee.

Note 1.- The sanctioning authority must make it clear that sanction under this rule to

perform work does not involve sanction to the acceptance of a fee in excess of his

own power of sanction under this rule.

Note 2.- Notes 2 to 4 under rule 38 apply mutatis mutandis in the case of fees also.

Note 3.- The rules for the payment of fees to expert witnesses summoned in Criminal

Courts are contained in Annexure to this Chapter.

Note 4.- The Personal Assistant/ Private Secretaries/Stenographers etc attached to

the officers nominated as Chairman and Members of the Board of Directors of

certain corporations and companies should not be allowed any additional

remuneration from corporation or companies, when the officers with whom they are

attached are allotted duties on the Board of Directors of Corporation or Companies

as part of their normal functions.

41. Unless the competent authority by special order otherwise directs, a

Government employee may retain the full fee(recurring and non-recurring

separately) received by him upto Rs. 1500/-, if the fee exceeds Rs. 1500/-, 1/3rd of

the fees received should be deposited in the consolidated fund subject to the

condition that fee retained by a Government employee does not fall short of Rs.

1500/-. The limit of Rs. 1500/- should be applied in each individual case, if the fee is

received of non-recurring nature. In case of recurring nature, the limit should be

applied on the total fee received in a financial year: Provided that where a fee is paid

for work done during the time which would otherwise be spent in the performance of

official duties, the entire fee must be credited to Government, unless the competent

authority for special reasons which should be recorded, directs otherwise

Note 1.- Fees received by Government employees for giving expert evidence on

technical matters before a court of law should also be governed by this rule.

Note 2.- Non recurring and recurring fees should be dealt with separately and

should not be added for the purpose of crediting one third to Government under this

rule. In the case of the former the limit of Rs. 1500/- prescribed in this rule should be

applied in each individual case, and in the case of the latter the limit of Rs. 1500/-

should be applied with reference to total recurring fees for the financial year.

25

Note 3.- The fees received by Government employees from the following institutions

are exempted from the operation of this rule: -

(1) Society for the Prevention of Cruelty to Animals

(2) Indian Roads Congress

(3) India Cattle Show Committee

(4) Inter-University Board

(5) Indian Red Cross Society

(6) Bharat Scouts and Guides Haryana (Exemption) relates only to fee received

by Government employees for doing clerical work.

(7) Child Activity Centers

(8) Bharat Sewak Samaj

Provided the work for them is done during the time which will not be otherwise spent

in the performance of official duties.

Note 4.- Government employees who are authorized to undertake work of examining

and setting papers in respect of University/ Education Board and other examinations

or deputed as supervisors/invigilators etc. may accept remuneration therefore up to

any amount: provided the work is undertaken outside the normal hours of duty. In

such cases the employee can retain a maximum amount of Rs.3000/- in a financial

year without depositing any amount to Government. The fee in excess of Rs.3000/-

in a financial year shall be shared between the Government employee and

Government in the ratio of 2:1 i.e. one third of the amount in excess of this limit

should be credited into Government account.

These orders will, however, not be applicable to the fees received by

Government employees of the Health Department for acting as Examines of the

Punjab University, Punjabi University or Kurukshetra University or the Haryana State

Medical Faculty. In their case the orders regarding the sharing of fees would apply

only to the fees received by them for acting as Examiners of the outside Universities

and Bodies..

26

When a Medical Officer conducting examination/inspection on behalf of an Indian

University other than the Universities of the Haryana and the Medical Council of

India does not take regular/casual leave for the purpose : he shall credit the entire

fee received by him to the Haryana Government revenues. In case, however, the

period of his absence is treated as regular/casual leave, the orders of sharing the

fees will apply.

Note 5.- The term “Fee” used in this rule shall not include conveyance allowance

provided the amount of conveyance allowance received by a Government employee

from a source other than the revenues of the State does not exceed what would be

admissible under the Haryana Government Rules under similar circumstances and is

not a source of profit to the Government employee concerned. In case of doubt, a

competent authority may decide whether the conveyance allowance thus received by

a Government employee, is reasonable as compared with the standard adopted by

the Government for the grant of conveyance allowance and is not a source of profit

to the Government employee.

Note 6.- The fee received by a Government Officer for acting as an arbitrator in a

dispute arising between contractors and Government Department/Agency relating to

a contract shall be apportioned between the Government, the officer and the staff

employed in that connection as follows: -

Government - 35 %

Officer - 55%

Staff (Clerical employed) - 10%

In case no staff is employed, the fee shall be distributed as follows:

Government 40%

Officer 60%

27

No Government officer shall, however, be allowed to draw more than Rs. 1500/-

(Rs. One thousand and five hundred only) in any one arbitration case without the

prior approval of Government.

Note 7.- Any scholarship or stipend received during study leave or otherwise, by a

Government employee from a source other than the Consolidated Fund of India or a

State for the purposes of prosecuting a course of studies or receiving specialized

training in professional or technical subjects will not be subject to a cut under the

provisions of this rule.

However, this rule will continue to apply, unless specially relaxed to the payments

received by such Government employees as a result of full time or part time

employment undertaken by them.

Note 8.- This rule will not apply to the income derived by a Government employee

from exploitation of a patent for an invention taken out by him with the permission of

competent authority under rule 43.

Note 9 (1) The term “fee” contained in this rule shall not include the following

payments and therefore, no special sanction is necessary: -

(a) unearned income, such as income from property, dividends and interest on

securities ; and

(b) income from literary, cultural, artistic, scientific or technological efforts.

Exemption -

But acceptance of fee mentioned below would not be covered by (b) above: -

(i) Sale proceeds or royalties on a book which is mere compilation of Government

rules, regulations and procedures.

(ii) Income derived by performing clerical, administrative or technical functions for

private bodies including those engaged in literary, cultural, artistic, scientific,

charitable or sports activities.

(2) The following payment received by Government employees will not be subject to

crediting one third of the amount to general revenue:-

28

(a) writing or reports, papers or study reports on selected subject for international

bodies like United Nations Organization, United Nations Educational Scientific

Cultural Organization etc.

(b) fees received from statutory bodies like institute of Chartered Accountants and

Haryana Institute of Public Administration.

(c) When a Government Department undertakes the works for a non-Government

Organization in its turn assigns the work to the officials suited for the purpose and

pays them at rates approved by Government

(d) income from books, articles papers and lectures on literary, cultural, artistic,

technological and scientific subjects including management sciences.

(e) income from essential participation in sports, games and athletic activities as

players, referees, umpires or managers of the team.

Exemption – In case a Government employee is permitted to participate in sports

activities and accepts payment as a professional, the income derived there from

would continue to be subject to the deduction under this rule.

42. Any Government employee is eligible to receive and except as otherwise

provided by a general or special order of the competent authority, to retain without

special permission -

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

(b) any reward offered for the arrest of a criminal or for information or special service

in connection with the administration of justice.

(c) any reward payable in accordance with the provisions of any Act or rules or

regulation framed thereunder.

(d) any reward sanctioned for services in connection with the administration of the

customs and excise laws; and

(e) any fees payable to a Government employee for duties which he is required to

perform in his official capacity under any special or local law or by order of

Government.

Note 1.- A fee payable to a Government employee under rule 42 (e) can be retained

by him without special permission. In other words rule 43, which requires that one

third of all fees received by Government employee from private source should be

credited to Government does not apply to such remuneration. It is not considered

desirable that a Government employee, who in his official capacity, is nominated as

29

Chairman or Member of a Government or quasi Government Body or governing

body of an institution which receives a grant from Government should be made

eligible for any fee or other remuneration except travelling allowance which is

admissible to non Government employees for attending a meeting of the institution

concerned or for performing other work thereof. This object can be served by making

a suitable provision in the article of association or other regulations of the body

concerned or any Act relating to its institutions without having recourse to an

amendment of rule 42.

43. A Government employee whose duties involve the carrying out of scientific or

technical research shall not apply for or obtain or cause or permit any other person

to apply for or obtain a patent for an invention made by such Government employee

save with the permission of the competent authority and in accordance with such

conditions as the competent authority may impose.

If a question arises whether a Government employee is a Government employee to

whom this rule applies the decision of the competent authority shall be final.

Note 1.- The payment of honoraria as remuneration for the use by Government of

inventions patented by persons in Government employ whose duties do not involve

the carrying out of scientific or technical research should be regulated by the

provisions of section 17 of the Inventions and Designs Act, 1888 and Section 21 of

the Indian Patents and Designs Act, 1911 and not by rule 38 or 43. The terms on

which an invention may be used for the services of the Union should be settled with

the approval of the Union Government before any payment is made to the patentee.

44. Delegation of powers – The authorities, which exercise the powers of a

competent authority under Other Compensatory Allowances Rules are given in

Annexure 2 at the end of these rules.

45. Repeal and Saving - The rules contained in Chapter V of Punjab Civil Services

Rules, Volume I, Part – I are hereby repealed. Anything done or any action taken

under rules so repealed, shall be deemed to have been done or taken under the

corresponding provisions of these rules.

30

Annexure 1 (Refer to in note - 1 to rule 31)

List of Government employees entitled to rent free accommodation

The Government employees mentioned in column 3 of table below are entitled to

rent free accommodation subject to the conditions, if any given in column 4: -

Sr.

No.

Department Designations of Government

employees

Remarks

1 2 3 4

1 Forest (1)Forest Rangers)

(2)Deputy Rangers )

(3) Forester)

(4)Forest Guards)

(5) Peons, Mali and

Chowkidar

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

2 General

Administration ---

(i)Secretariat staff

of the Government

(ii) District

Administration

Staff employed in the Raj Bhawan

(i)Tehsildars, Naib Tehsildars or

other Tehsil Officials

On Raj Bhawan

occupying staff

quarters and other

buildings appurtenant

to Raj Bhawan.

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance.

3 Jails (1)Superintendents

(2) Deputy Superintendents/

District Probation Officer

(3) Assistant Superintendents/

Welfare Officers

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

31

(4) Sub-Assistant

Superintendents

(5) Whole time medical Officers

and Medical Subordinates.

(6) Warders staff

(7) Store Keepers

(8) Staff of the Reformatory

School.

normal house rent

allowance

4 Police

(i) Direction and

Administration

(ii) District

Executive Force,

Police Radio Staff,

Haryana Armed

Police ,

Government

Railway Police

and C.I.D.

(iii) Haryana Police

Academy,

Madhuban

(1) All Range Inspector General

of Police

(1) All District Superintendents of

Police as well as Additional

Superintendents of Police in the

Districts

(2) All Deputy Superintendents of

Police in the Districts/Railways

(3) All Police Officials of ranks

lower than that of Assistant or

Deputy Superintendent of Police

(1)Unmarried Probationary

Assistant Superintendents under

training at the Haryana Police

Academy, Madhuban

(2) Principal, Haryana Police

Academy, Madhuban

(3)Deputy Superintendents

Rent free

Accommodation.

Rent free

accommodation

Rent free

accommodation

Rent free

accommodation, if

available

Rent free

accommodation in

Officers Mess.

Rent free

accommodation, if

available

Rent free

32

(iv) State Crime

Record Bureau,

Madhuban

Incharge Training, Madhuban

(4) All Police Officers of Rank

lower than that of Assistant or

Deputy Superintendents of Police

(5)Cook of the Officer’s Mess

Deputy Superintendents of Police

accommodation, if

available

Rent free

accommodation, if

available

Rent free

accommodation, if

available

Rent free

accommodation, if

available

(v) Centre for

Police Training &

Research, Bhondsi

(1) Additional Director General of

Police, Centre for Police Training

& Research, Bhondsi

(2) Inspector General of

Police/Deputy Inspector General

of Police/Centre for Police

Training & Research, Bhondsi

(3) Superintendent of

Police/Recruit Training Centre,

Bhondsi

(4) All Police Officers of rank

lower than that of Assistant or

Deputy Superintendents of Police

(5)Cook of the Officer’s Mess

Rent free

accommodation, if

available

Rent free

accommodation, if

available

Rent free

accommodation, if

available

Rent free

accommodation, if

available

Rent free

33

accommodation, if

available

4 Education (1) The Principal/Vice Principal/

Lecturer of Government College

for Men and Women,

(2) Educational Officials in

Government Colleges

(3) Superintendents/Wardens of

the hostels in Government

Educational Institutions

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

5 Health (1)The following classes of

Government employees holding

resident appointment: -

(i) All Medical Officers in

Hospitals, Dispensaries, Jails,

Reformatory settlements, Primary

Health Centres.

(ii) All Medical Officers in Rural

Family Welfare Planning Centres/

Urban Family Welfare Planning

Centres and Post Mortem

Centres.

(iii) All Pharmacists and Class IV

employees employed in Hospitals

and Dispensaries

(2) Nursing Staff (Nursing

Superintendents, Matrons Sisters,

Tutors, Nursing Sisters and Staff

Nurses).

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

Rent free

accommodation, if

available in a building

constructed by the

34

(3) Family Welfare Extension

Educators and Family Welfare

Field Workers

department, otherwise

normal house rent

allowance

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

6 Animal Husbandry

(i) Government

Livestock Farm,

Hissar:

(1) Superintendents/ Deputy

Superintendents

(2) Veterinary Surgeon

(3) Agriculture Development

Officer

(4) Junior Engineer, and

(5) other employees - Veterinary

Compounders, Bir Daroga,

Veterinary Live Stock

Development Assistant

(VLDA), Jamadars, Head

Gawala, Milk Recorders, Dairy

Attendants, Senior Shepherds,

Shepherds, Sweepers, Cow-

herds, Watchman, Chowkidars,

Shed Cleaners, Syces,

Beldars/Ploughmen

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

(ii) Civil Veterinary

Hospital/Veterinary

Dispensaries Staff

(1)Veterinary Surgeons

(2)Veterinary Compounders

(3) Group D employees namely

Dressers, Water Carriers,

Sweepers and Chowkidars.

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

35

normal house rent

allowance

7 Public Works

Department

(Irrigation Branch)

(1) signallers

(2)Chowkidars and sweepers

living within the premises of rest-

houses

Rent free

accommodation, if

available in a building

constructed by the

department, otherwise

normal house rent

allowance

8 Technical

Education

Department

Hostel Superintendent Rent-free

accommodation to the

Hostel

Superintendents of the

various Technical

Institutions in the

State, where-ever

residential facilities are

available in the

campus of the

Institutions.

Note.- Clerks employed at Jails (other than those employed on the accounts side)

who are required by their Superintendents in the interest of Public Service to reside

in the Quarters provided by Government in the Jail premises, are exempt from

payment of rent.

36

Annexure 2

Authorities Competent to exercise the powers of competent authority under Other

Compensatory Allowances Rules

S.

No

.

Number

of rule

Nature of power Authority to

whom power

is delegated

Extent of power delegated

1 18 (b) Powers to waive or reduce

the amount of rent to be

recovered from any

Government employee or

class of Government

employees.

Departments

of

Government.

Full powers

2 33 Power to sanction remission

of rent when a building is

under extensive repair.

Departments

of

Government

Full powers

3 38 Power to sanction the

payment of honorarium

Department

of

Government.

(i) Upto Rs 5000 in each

individual case during a financial

year

Heads of

Departments

Upto Rs. 1000 in each individual

case during a financial year

4 40 Power to sanction taking of

work and acceptance of fee.

Department

of

Government.

Full powers

Heads of

Departments

Upto Rs. 15000/- in each

individual case during a financial

year

1

GOVERNMENT OF HARYANA

GENENRAL ADMINISTRATION DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART VII – Government Employees Conduct Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of

the powers conferred by the proviso to Article 309 of the Constitution of India, as

under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from

the partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time, till

date before the updation in the present form, and these rules have been brought out

in VIII parts, as detailed above, for the sake of convenience and facility for easy

handling of the books to the readers.

4. These rules will apply to Government employees belonging to the categories

mentioned in rule 1.2 of Part I – General Rules of these rules from the date of issue

of this publication.

3

5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana

Government. However, they will be governed by the rules issued by the President of

India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series “GR, LR and PF” (abbreviation for General Rules, Leave Rules,

Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing rules

contained in Haryana Civil Services Rules, Part I to VI and the Chief Secretary,

General Administration Department is the competent rule making authority for Part

VII - Government Employees Conduct Rules and Part VIII - Punishment and Appeal

Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-

writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules,

are requested to bring them to the notice of their Head of Departments, who will

please submit their proposals to the Finance Department, through the Administrative

Department concerned for Part I to VI and to the Chief Secretary, General

Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

4

The Haryana Civil Services Rules Part VII – Government Employees Conduct Rules, 2012

1. Short title, commencement and application.—

(1) These rules may be called the Haryana Civil Services Rules, Part VII -

Government Employees Conduct Rules, 2012.

(2) These rules have been issued by the Governor of Haryana under proviso to

Article 309 of the Constitution of India.

(3) They shall come into force from the date of notification in the official gazette.

(4) They shall apply to all persons appointed to Civil Services and posts in

connection with the affairs of the State of Haryana: Provided that nothing in these

rules shall apply to--

(a) members of the All India Services who are subject to the All India Services

(Conduct) Rules, 1968; and

(b) holders of any post in respect of which the Government may, by general or

special order, declare that these rules do not apply.

2. Definitions – In these rules, unless the context otherwise requires,-

(a) “the Government” means the Government of the State of Haryana

(b) “Government employees” means any person appointed to any civil service or

post in connection with the affairs of the State of Haryana.

Explanation.— A Government employee whose services are placed at the disposal

of a company, corporation, organization or a local authority by the Government, shall

for the purposes of these rules be deemed to be a Government employee serving

under the Government notwithstanding that his salary is drawn from sources other

than from the Consolidated Fund of the State.

(c) “members of family” in relation to a Government employee includes-

(i) the wife or the husband, as the case may be, of the Government employee,

whether residing with the Government employee or not but does not include a wife or

husband , as the case may be, separated from the Government employee, by a

decree or order of a competent court;

(ii) son or daughter or step son or step-daughter of the Government employee and

wholly dependent on him, but does not include a child or step-child who is no longer

in any way dependent on Government employee or of whose custody the

Government employee has been deprived by or under any law;

5

(iii) any other person related, whether by blood or marriage, to the Government

employee or to the Government employee’s wife or husband and wholly dependent

on the Government employee.

3. General — (1) Every Government employee shall at all times-

(i) maintain absolute integrity;

(ii) maintain devotion to duty; and

(iii) do nothing which is unbecoming of a Government employee.

(2) (i) Every Government employee holding a supervisory post shall take all possible

steps to ensure the integrity and devotion to duty of all Government employees

under his control and authority.

(ii) Every Government employee shall in the discharge of his duties act in a

courteous manner and shall not adopt dilatory tactics on his dealings with the public

or otherwise.

(3) (i) No Government employee shall, in the performance of his official duties, or in

the exercise of powers conferred on him act otherwise than in his best judgment,

except when he is acting under the direction of his official superior.

(ii) The direction of the official superior shall, ordinarily, be in writing. Oral direction to

subordinate shall be avoided, as far as possible. When the issue of oral direction

becomes unavoidable, the official shall confirm it in writing immediately thereafter.

(iii) A Government employee who has received oral direction from his official superior

shall seek confirmation of the same in writing as early as possible, whereupon it shall

be the duty of the official superior to confirm the direction in writing.

(4) No Government employee shall employ any child below the age of 14 years as

domestic help.

(5) The Government employee in his personal capacity or otherwise shall:- (i) observe strictly, the existing policies regarding age of marriage, preservation of

the environment, wildlife and cultural heritage; and

(ii) observe the existing policies regarding crime against women.

Explanation 1.— A Government employee who habitually fails to perform a task

assigned to him within the time set for the purpose and with the quality of

performance expected of him shall be deemed to be lacking in devotion to duty

within the meaning of clause (ii) sub rule (1).

6

Explanation 2.— Nothing in clause (i) of sub rule (3) shall be construed as

empowering a Government employee to evade his responsibilities by seeking

instructions from, or approval of, a superior officer or authority when such

instructions are not necessary under the scheme of distribution of powers and

responsibilities.

4. Prohibition of sexual harassment of working women – (1) No Government employee shall indulge in any act of sexual harassment of

any woman at her work place.

(2) Every Government employees who is incharge of a work place shall take

appropriate steps to prevent sexual harassment to any woman at such work place.

(a) physical contact and advances;

(b) demand or request for sexual favours;

(c) making any sexually coloured remarks;

(d) showing any pornographic material; and

(e) any other unwelcome physical, verbal or non-verbal conduct of a sexual nature.

Explanation.- For the purpose of this rule, “sexual harassment” includes such

unwelcome sexually determined behaviour, whether directly or otherwise, as: -

5. Employment of near relatives in companies or firms - (1) No Government employee shall use his position or influence directly or indirectly

to secure employment for any member of his family in any company or firm.

(2) (i) No Government employee shall, except with the previous sanction of the

Government, permit his son, daughter or other dependent to accept employment in

any company or firm with which he has official dealings or in any other company or

firm having official dealings with the Government:

Provided that where the acceptance of the employment cannot await prior

permission of the Government or it otherwise considered urgent, the matter shall be

reported to the Government at the earliest but not later than three months and the

employment may be accepted provisionally subject to the permission of the

Government.

(ii) A Government employee shall, as soon as he becomes aware of the acceptance

by member of his family of an employment in any company or firm, intimate such

acceptance to the prescribed authority and shall also intimate whether he has or had

any official dealings with that company or firm:

7

Provided that no such intimation shall be necessary, if he has already

obtained the sanction of, or sent a report to, the Government under clause (i).

(3) No Government employee shall in the discharge of his official duties deal with

any matter or give or sanction any contract to any undertaking or any other person, if

any, member of his family is employed in that undertaking or under that person, or if

he or any member of his family is interested in such matter or contract in any other

manner and the Government employee shall refer every such matter or contract to

his official superior and the matter or contract shall thereafter be disposed off

according to the instructions of the authority to whom the reference is made.

6. Taking part in politics and elections - (1) No Government employees shall be a member of, or be otherwise associated

with, any political party or any organization, which takes part in politics, nor shall be

take part in, or subscribe in aid of, or assist in any other manner; any political

movement or activity.

(2) It shall be the duty of every Government employee to endeavour to prevent any

member of his family from taking part in sub-scribing in aid of or assisting in any

other manner, any movement or activity which is or tends directly or indirectly, to be,

subversive of the Government as by law established and where a Government

employee is unable to prevent a member of his family from taking part in, or

subscribing in aid of or assisting in any other manner, any such movement or

activity, he shall make a report to that effect to the Government.

(3) If any question arises whether a party is a political party or whether any

organization takes part in politics or whether any movement or activity fall within the

scope of sub-rule (2) , the decision of the Government, thereon shall be final.

(4) No Government employee shall canvas or otherwise interfere with, or use his

influence in connection with or take part in, an election to any legislature or local

authority:

Provided that-

(a) a Government employee qualified to vote at such election may exercise his right

to vote, but where he does so, he shall give no indication of the manner in which he

proposes to vote or has voted;

(b) a Government employee shall not be deemed to have contravened the provisions

of his sub-rule by reason only that he has assisted in the conduct of an election in

8

the due performance of a duty imposed on him by or under any law for the time

being in force.

Explanation- The display by a Government employee on his person , vehicle or

residence of any electoral symbol shall amount to using his influence in connection

with an election, within the meaning of this sub-rule.

7. Joining of Associations - (1) No Government employee shall join or continue to be a member of an

association the objects or activities of which are prejudicial to the interest of the

sovereignty and integrity of India or public order or morality.

(2) No Government employee will be a member/ office bearer of more than one such

association at State level and at National level, the aims or objectives of which relate

to promotion of sports. Furthermore the employees of the sports department may

become member/ office bearer of only one association at State level and one at

National level that too in the area of their own specialty / discipline.

8. Demonstration and Strikes - No Government employee shall-

(i) engage himself or participate in any demonstration which is prejudicial to the

interest of the sovereignty and integrity of India, the security of the State, friendly

relations with foreign State, public order, decency or morality or which involves

contempt of court, defamation or incitement to an offence, or

(ii) resort to or in any way by any form of strike in connections with any matter

pertaining to his service or any other Government employee.

9. Connection with Press or Radio or other Media- (1) No Government employee shall, except with the previous sanction of the

Government, on wholly or in part, or conduct or participate in the editing or

management of, any newspaper or other periodical publication or electronic media.

(2) No Government employee shall except with the previous sanction of the

Government or the prescribed authority or except in the bona-fide discharge of his

duties-

(a) publish a book himself or through a publisher, or contribute an article to a book

or a compilation of articles; or

(b) participate in a public media or contribute an article or write a letter to a

newspaper or periodical; either in his own name or anonymously or pseudonymously

or in the name of any other person:

9

Provided that no such sanction shall be required –

(i) if such publication is through a publisher and is of a purely literary, artistic or

scientific character; or

(ii) if such contribution, broadcast or writing is of a purely literary, artistic or scientific

character:

(3) The Government may withdraw at any time the sanction so granted to a

Government employee, after affording reasonable opportunity of being heard, if,

there are reasons to believe that the sanction is being misutilised.

10. Criticism of Government - No Government employee shall, in any radio broadcast or communication over

any electronic media or in any document published in his own name or

anonymously, pseudonymously or in the name of any other person or in any

communication to the press or in any public utterance make any statement of fact or

opinion-

(i) which has the effect of any adverse criticism of any current or recent policy or

action of the Government of India, Government of Haryana or any other State

Government;

(ii) which is capable of embarrassing the relations between the Government of

Haryana and the Government of India or the Government of any other State in India ;

or

(iii) which is capable of embarrassing the relations between he Government of India

or the Government of Haryana and the Government of any foreign State:

Provided that nothing in this rule shall apply to any statements made or views

expressed by a Government employee in his official capacity or in the due

performance of the duties assigned to him.

11. Evidence before committee or another authority - (1) Save as provided in sub-rule (3), no Government employee shall except with the

previous sanction of the Government, give evidence in connection with any enquiry

conducted by any person, committee or authority.

(2) Where any sanction has been accorded under sub-rule (1), no Government

employee giving such evidence shall criticize the policy or any action of the

Government of India, Government of Haryana or any other State Government.

(3) Nothing in this rule shall apply to-

10

(a) evidence given at enquiry before an authority appointed by the Government,

Parliament or a State Legislature; or

(b) evidence given in any judicial enquiry; or

(c) evidence given at any departmental enquiry ordered by authorities subordinate

to the Government.

(4) No Government employee giving any evidence referred to in sub rule (3) shall

give publicity to such evidence.

12. Communication of official information- Every Government employee shall, in performance of his duties in good faith,

communicate information to a person in accordance with the Right to Information

Act, 2005 (22 of 2005) and the rules made thereunder:

Provided that no Government employee shall except in accordance with any

general or special order of the Government or in the performance in good faith of the

duties assigned to him, communicate, directly or indirectly, any official document or

any part thereof; or information to any Government employee or any other person to

whom he is not authorized to communicate such document or information.

13. Subscriptions- No Government employee shall, except with the previous sanction of the

Government or of the prescribed authority, ask for or accept contributions to, or

otherwise associate himself with the raising of, any funds or other collections in cash

or in kind in pursuance of any object whatsoever.

14. Gifts- (1) Save as otherwise provided in these rules, no Government employee shall

accept or permit any member of his family or any other person acting on his behalf to

accept any gift.

Explanation.- The expression “gift” shall include free transport, boarding, lodging or

other service or any other pecuniary advantage provided by any other person other

than a near relative or personal friend having no official dealings with the

Government employee.

Note 1.- A casual meal, gift or other social hospitality shall not be deemed to be a

gift.

Note 2.- A Government employee shall avoid accepting lavish hospitality or frequent

hospitality from any individual having official dealings with him from industrial or

commercial firms, organizations, etc.

11

(2) On occasions such as wedding, anniversaries, functions or religious functions,

when the making of a gift is in conformity with prevailing religious or social practice, a

Government employee may accept gifts from his near relatives and friends but he

shall make a report to the Government if the value of any such gift exceeds rupees

ten thousand.

(3) In any other case, a Government employee shall not accept, or permit any

member of his family or any other person acting on his behalf to accept any gift

without the sanction of the Government, if the value thereof exceeds rupees five

thousand.

15. Prohibition of dowry- No Government employee shall -

(i) give or take or abet the giving or taking of dowry; or

(ii) demand, directly or indirectly, from the parents or guardian of a bride or

bridegroom, as the case may be , any dowry.

Explanation- For the purpose of this rule, “dowry” has the same meaning as in the

Dowry Prohibition Act, 1961 (28 of 1961), as amended in its application to the State

of Haryana.

16. Public demonstration in honour of Government employees-

(1) No Government employee shall, except with the previous sanction of the

Government, receive any complimentary or valedictory address or accept any

testimonial or attend any meeting or entertainment held in his honour; or in the

honour of any other Government employee:

Provided that nothing in this rule shall apply to-

(a) a farewell entertainment of a substantially private and informal character held in

honour of a Government employee or any other Government employee on the

occasion of his retirement or transfer or of any person who has recently quitted the

service of any Government ; or

(b) the acceptance of simple and inexpensive entertainment arranged by public

bodies or institutions.

(2) No Government employee shall exercise pressure or influence of any sort on any

Government employee to induce him to subscribe towards any farewell

entertainment even if it is of a substantially private or informal character.

12

17. Private trade or employment – (1) Subject to the provisions of sub-rule (2), no Government employee shall, except

with the previous sanction of the Government. -

(a) engage directly or indirectly in any trade or business, or

(b) negotiate for, undertake, any other employment, or

(c) hold an elective office, canvass for a candidate or candidates for an elective

office, in any body, whether incorporated or not, or

(d) canvass in support of any business of insurance agency, commission agency,

etc., owned or managed by any member of his family, or

(e) take part, except in the discharge of his official duties, in the registration,

promotion or a management of any bank or other company registered under the

Companies Act, 1956 (1 of 1956) or any other law for the time being in force, or of

any co-operative society for Commercial purposes or

(f) participate in, or associate himself on any manner, in making of –

(i) a sponsored media (including radio, televisions) programme, or

(ii) a media programme commissioned by Government media but produced by an

outside agency or;

(iii) a privately produced radio or televisions or other media programme including a

video magazine.

Provided that no previous permission shall be necessary in case a Government

employee participates in a programme produced by the Doordarshan or a subject

dealt with by him in his official capacity.

(g) involve or engage himself in the registration, promotion, management of other

kinds of activities of any non-Government organisation if the same is aided by the

Central Government, State Government or an international organization or agency.

(2) A Government employee may, without the previous sanction of the Government;

(a) undertake honorary work of a social or charitable nature or

(b) undertake occasional work of literary, artistic or scientific character, or

(c) participate in sports activities as amateur, or

(d) take part in the registration, promotion or management (not involving the holding

of an elective office) of a literary, scientific or charitable society, or of a club, or

similar organisation, the aims or objectives of which relate to promotion of sports,

cultural, or recreation activities, registered under the Societies Registration Act, 1860

(21 of 1860), or any other law for the time being in force, or

13

(e) take part in the registration, promotional or management (not involving the

holding or elective office) of a co-operative society substantially for the benefit of

Government employee , registered under the Co-operative Societies Act, 1912 (2 of

1912) or any other law for the time being in force in any State:

Provided that –

he shall discontinue taking part in such activities if so directly by the Government;

and

in a case falling under clause (d), or clause (e) of this sub-rule, his official duties shall

not suffer thereby and he shall, within a period of one month of his taking part in

such activity, report to the Government giving details of the nature of his

participation.

Explanation I.- A “ co-operative Society” means a society registered, or deemed to

be registered under the Co-operative Societies Act, 1912, ( 2 of 1912) or any other

law relating to co-operative societies for the being in force in any State.

Explanation II.- Canvassing for a candidate for an elective office referred to in the

second proviso shall be deemed to be breach of this sub-rule.

(3) Every Government employee shall, if any member so his family is engaged in a

trade or business, or owns or manages an insurance agency or commission agency,

report that fact to the Government.

(4) No Government employee shall accept any fee for any work done for any public

body or for any private person without the sanction of the prescribed authority.

Explanation.- The term fee used here shall have the meaning assigned to it in Rule

2.14 of Part I – General Rules.

18. Use of Government accommodation- (1) No Government employee shall

sublet or lease out or otherwise allow use of Government accommodation allotted to

him by any other person.

(2) A Government employee shall, after the cancellation of his allotment of

Government accommodation vacate the same within the time limit prescribed by the

allotting authority.

19. Investment, lending and borrowing- (1) No Government employee shall speculate in any stock, share or other

investment.

Explanation.- Frequent purchase or sale or both of shares, securities or other

investments shall be deemed to be speculation within the meaning of this sub-rule.

14

(2) No Government employee shall make, or permit any member of his family or any

person acting on his behalf to make any investment which is likely to embarrass or

influence him in the discharge of his official duties. For this purpose any purchases

of shares from out of the quotas reserved for Directors or their friends and associate

shall be deemed to be an investment which is likely to embarrass the Government

employee (3) If any question arises whether any transaction is of the nature referred to in sub-

rule (1) or sub-rule (2), the decision of the Government thereon shall be final. (4) (i) No Government employee, shall save in the ordinary course of business with

a bank or a public limited company, himself or through any member of his family or

any other person acting on his behalf.-

(a) lend or borrow or deposit money as principal or agent , to, or from, or with any

person or firm or private limited company within the local limits of his authority or with

whom he is likely to have official dealings, or otherwise place himself under any

pecuniary obligation to such person, or firm; or

(b) lend money to any person at interest or in a manner where by return in money or

in kind is charged or paid:

Provided that a Government employee may, give to or accept from a relative

or a personal friend purely temporary one of a small amount free of interest or

operate a credit account with a bonafide tradesman or make an advance of pay to

his private employee but such amount shall not exceed twelve months emoluments

for the construction of house or purchase of built up house and six months

emoluments for the purchase of conveyance and other purposes.

Provided further that a Government employee may, with the previous sanction of

the Government, enter into any transaction referred to in sub-clause (a) or sub-

clause (b).

(ii) When a Government employee is appointed or transferred to a post of such

nature as would involve him in the breach of any of the provisions of sub-rule (2) or

sub-rule (4), he shall forthwith report the circumstances to the prescribed authority

and shall there after act in accordance with such order as may be made by such

authority.

20. Insolvency and habitual indebtedness- (1) A Government employee shall so manage his private affairs as to avoid habitual

indebtedness, or insolvency.

15

(2) A Government employee against whom any legal proceedings is instituted for

recovery of any debt due from him or for adjudging him as an insolvent shall

forthwith report the full facts of the legal proceeding to the government.

(3) The burden of proving that the insolvency or indebtedness was the result of

circumstances which, with the exercise of or ordinary diligence, the Government

employee could not have foreseen, or over which he had no control, and had not

proceeded from extravagant or dissipated habits, shall be upon him.

21. Movable, immovable and valuable property- (1) Every Government employee shall on his first appointment to any service or post

and thereafter at such intervals as may be specified by the Government submit a

return of his assets and liabilities, in such form as may be prescribed by the

Government, giving the full particulars regarding -

(a) the immovable property inherited, owned, acquired or held on lease or mortgage,

by him or his spouse or any member of his family, either in their own name or in the

name of any other person;

(b) Shares, debentures, bonds, post office deposits, bank deposits, cash inherited or

similarly owned, acquired or held by him or his spouse or any other member of his

family;

(c) Other movable property inherited or similarly owned, acquired or held by him or

his spouse or any other member of his family; and

(d) Debts and other liabilities incurred directly or indirectly by him or his spouse or

any other member of his family.

Explanation.- The moveable/ immoveable properties either acquired by the members

of the family of the employee from their own funds or inherited by them would not

attract the provisions of this rule.

(2) In all returns the value of items of movable property costing less than Rs. 50,000

may be added and shown as a lump sum. The value of articles of daily use such as

clothes, utensils, crockery, books, etc., need not be included in such return.

(3) No Government employee shall except with the previous knowledge of the

prescribed authority, acquire or dispose of any immovable property by lease

mortgage, purchase, sale, gift or otherwise either in his own name or in the name of

any member of his family:

Provided that the previous sanction of the prescribed authority shall be obtained

by the Government employee if any such transaction is—

16

(i) with a person having official dealings with the Government employee or

(ii) otherwise than through a regular or reputed dealer,

(4) Where a Government employee enters into a transaction in respect of movable

property either in his own name or in the name of a member of his family, he shall

within one month from the date of such transaction, report the same to the

prescribed authority, if the value of such property exceeds Rs.50,000/-:

Provided that the previous sanction of the prescribed authority shall be obtained

if any such transaction is-

(i) with a person having official dealings with the Government employee: or

(ii) otherwise than through a regular or reputed dealer.

(5) The Government or the prescribed authority may at any time, by general or

special order, require a Government employee to furnish, within a period specified in

the order, a full and complete statement of such movable or immovable property held

or acquired by him on his behalf or by any member of his family as may be specified

in the order. Such statement shall, if so, required by the Government or by the

prescribed authority, include the details of the means by which, or the source from

which , such property was acquired.

Explanation- For the purpose of this rule-

(1) The expression “movable property” includes-

(i) Jewellery, insurance policies, the annual premia of which exceeds Rs. 20,000 or

one sixth of the total annual emoluments received from Government whichever is

less, shares, securities and debentures:

(ii) loans and advances by such Government employee whether secured or not; and

(iii) motor cars, motor cycles or any other means of conveyance; and

(iv) refrigerators, radios, radiograms, televisions, computers, washing machines and

other electronic goods.

(2) “Prescribed Authority“ means-

(a) (i) the Government in the case of a Government employee holding any Group A

post except where any lower authority is specified by the Government for any

purpose;

(ii) Heads of Departments in the case of a Government employee holding any Group

B post;

(iii) Heads of Offices, in the case of a Government employee holding any Group C

or Group D post;

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(iv) the Speaker of the Haryana Legislative Assembly in the case of Secretary and

the Secretary in the case of all other employees of the Legislative Assembly.

(b) in respect of a Government employee on foreign service or on deputation to any

other Department or any other Government, the parent department on the cadre of

which such Government employee is borne or the department to which he is

administratively subordinate as member of that cadre.

22. Vindication of Acts and Character of Government employees- (1) No Government employee shall, except with the previous sanction of the

Government, have recourse to any court or to the press for vindication of any official

act which has been the subject matter of adverse criticism or on attack of a

defamatory character:

Provided that if no such sanction is received by the Government employee within

a period of three months from the date of receipt of his request by the Government,

he shall be free to assume that the permission as sought for has been granted to

him. (2) Nothing in this rule shall be deemed to prohibit a Government employee from

vindicating his private character or any act done by him in his private capacity and

where any action for vindicating his private character or any act done by him in

private capacity is taken, the Government employee shall submit a report to the

prescribed authority regarding such action.

23. Canvassing- No Government employee shall bring or attempt to bring any political or other

influence to bear upon any superior authority to further his interests in respect of a

matter pertaining to his service under the Government.

24. Restriction regarding marriage- (1) No Government employee shall enter into, or contract, a marriage with a

person having a spouse living; and

(2) No Government employee, having a spouse living shall enter into, or contract, a

marriage with any person:

Provided that the State Government may permit a Government employee to

enter into, on contract, any such marriage as is referred to in sub-rule (1) or sub-rule

(2), if it is satisfied that such marriage is permissible under the personal law

applicable to such Government employee and the other party to the marriage;

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(3) A Government employee who has married or marries a person other than of

Indian nationality shall forthwith intimate the Government.

25. Consumption of intoxicating drinks and drugs- A Government employee shall-

(a) strictly abide by any law relating to intoxicating drink or drugs in force in any area

in which he may happen to be for the time being;

(b) not be under the influence of any intoxicating drink or drug during the course of

his duty and shall also take due care that the performance of his duties at any time is

not affected in any way by the influence of such drink or drug;

(c) not consume any intoxicating drinks or drugs in public place ;

(d) not appear in a public place in a state of intoxication; and

(e) not habitually use any intoxicating drinks or drugs to excess.

Explanation.- For the purpose of this rule, “public place” means any place or

premises (including conveyance) to which the public have or are permitted to have,

access whether on payment or otherwise

26. Interpretation- If any question arises relating to the interpretation of these rules, it shall be

referred to the Chief Secretary to Government, Haryana, whose decision thereon

shall be final.

27. Delegation of power- The Government may, by general or special order, direct that any power

exercisable by it or any Head of Department under these rules (except the powers

under rule 26 and this rule) shall subject to such conditions, if any, as may be

specified in the order, be exercisable also by such officer or authority as may be

specified in the order.

28. Repeal and saving- The Punjab Government Employees (Conduct) Rules, 1966 are hereby

repealed. Anything done or any action taken under the rules so repealed shall be

deemed to have been done or taken under the corresponding provisions of these

rules.

1

GOVERNMENT OF HARYANA

GENERAL ADMINISTRATION DEPARTMENT

THE HARYANA CIVIL SERVICES RULES

PART VIII – Punishment and Appeal Rules

(1st Edition)

2

PREFACE

The Finance Department of Haryana has brought out a set of new

Haryana Civil Services Rules in eight parts, which have been issued, in exercise of

the powers conferred by the proviso to Article 309 of the Constitution of India, as

under: -

(1) Part I – General Rules – contains rules relating to pay fixation, joining time,

foreign service and other general conditions of service;

(2) Part II- Leave Rules - contains rules relating to various kinds of leave;

(3) Part III – Pension Rules - contains rules relating to pension and family

pension;

(4) Part IV – Provident Fund Rules – contains rules relating to General Provident

Fund;

(5) Part V – Travelling Allowance Rules - contains rules relating to travelling

allowance;

(6) Part VI – Other Compensatory Allowances Rules – contains rules relating to

house rent allowance, conveyance allowance, hill allowance etc.;

(7) Part VII – Government Employees Conduct Rules– contains rules relating to

conduct of a Government employee in service; and

(8) Part VIII – Punishment and Appeal Rules – contains rules relating to

punishment and appeal.

2. These rules in VIII parts are mainly based on the existing rules and orders

contained in the Punjab Civil Services Rules, Volume I, Part – I Main Rules (First

Edition) 1941 and further modified in the background of the changes resulting from

the partition of the Punjab and constitutional requirement.

3. The Punjab Civil Services Rules, Volume I, II and III published in 1941 (First

Edition) were being used by the Government, with amendments from time to time, till

date before the updation in the present form, and these rules have been brought out

in VIII parts, as detailed above, for the sake of convenience and facility for easy

handling of the books to the readers.

4. These rules will apply to Government employees belonging to the categories

mentioned in rule 1.2 of Part I – General Rules of these rules from the date of issue

of this publication.

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5. These rules, except Travelling Allowance Rules contained in Part V of these

rules, shall not apply to members of the I.A.S. and I.P.S. serving under the Haryana

Government. However, they will be governed by the rules issued by the President of

India in this behalf.

6. The opportunity has also been taken to include important orders relating to

interpretation of rules, in the form of “Notes” or Illustrations” below the relevant rule.

7. The forms which have been adopted in these rules have been given a

separate new series “GR, LR and PF” (abbreviation for General Rules, Leave Rules,

Provident Fund Rules) series.

8. The Finance Department of Haryana Government is the rule making

competent authority for interpretation, modification and changes in the existing rules

contained in Haryana Civil Services Rules, Part I to VI and the Chief Secretary,

General Administration Department is the competent rule making authority for Part

VII - Government Employees Conduct Rules and Part VIII - Punishment and Appeal

Rules.

9. I appreciate and acknowledge the hard work put in by Sh. Sumer Singh

Bishnoi, Principal, Accounts Training Institute, Haryana, Panchkula for updating, re-

writing and re-drafting of Civil Services Rules in VIII parts.

10. All Government employees who notice any errors or omissions in these rules,

are requested to bring them to the notice of their Head of Departments, who will

please submit their proposals to the Finance Department, through the Administrative

Department concerned for Part I to VI and to the Chief Secretary, General

Administration Department for Part VII and VIII respectively.

Sanjeev Kaushal Dated : Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department.

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The Haryana Civil Services Rules Part VIII – Punishment and Appeal Rules, 2012

1. Short title- (1) These rule may be called the Haryana Civil Services Rules, Part

VIII - Punishment and Appeal Rules, 2012.

(2) These rules have been issued by the Governor of Haryana under proviso to

Article 309 of the Constitution of India.

(3) They shall come into force on the date of their publication in the official

gazettee.

2. Definitions- In these rules, unless the context otherwise, requires-

(a) ”appointing authority“ in relation to a Government employee means:-

(i) the authority empowered to make appointments to the service of which the

Government employee is for the time being a member or to the grade of the service

in which the Government employee is for the time being included; or

(ii) the authority empowered to make appointments to the post which the

Government employee for the time being holds ; or

(iii) the authority which appointed the Government employee to such service, grade

or post, as the case may be; or

(iv) where the Government employee having been a permanent member of any

other service or having substantively held any other permanent post, has been in

continuous employment of the Government, the authority which appointed him to

that service or to any grade in that service or to that post whichever authority is the

highest authority;

(b) “Commission” means the Haryana Public Service Commission;

(c) “Government” means the Haryana Government in the Administrative Department;

(d) “Government employee” means any person appointed to any Civil Service or post

in connection with the affairs of the State of Haryana;

Explanation.- A Government employee whose services are placed at the disposal of

a company, corporation, organization or a local authority by the Government shall,

for the purpose of these rules be deemed to be a Government employee serving

under the Government notwithstanding that his salary is drawn from sources other

than the Consolidated Fund of the State;

(e)” Governor” means the Governor of Haryana;

5

(f) ”Punishing authority“ means the authority competent under these rules to impose

on a Government employee any of the penalties specified in rule 5;

3. Application- (1) These rules shall apply to every Government employee, but shall

not apply to-

(a) any member of the All India Services;

(b) any person in casual employment;

(c) any person subject to discharge from service on less than one month’s notice;

(d) any person for whom special provision is made in respect of matters covered by

these rules by or under any law for the time being in force or by or under any

agreement entered into by or with the previous approval of the Governor before or

after the commencement of these rules, in regard to matters covered by special

provisions;

(2) Notwithstanding anything contained in sub-rule (1) these rules shall apply to

every Government employee temporarily transferred to a service or post coming

within clause (d) of sub-rule (1) to whom, but for such transfer these rules would

apply;

(3) If any doubt arises whether these rules or any of them apply to any person, the

matter shall be referred to the Government which shall decide the same.

4. Saving Clauses- All powers, rights and remedies provided by these rules shall

be, in addition to and not in derogation of the provisions of such rules as may be

made by the Governor of Haryana in exercise of the powers conferred by proviso to

Article 309 of the Constitution of India , to regulate the recruitment and conditions of

service of persons appointed to public services and posts in connection with the

affairs of the State.

5. Penalties- The following penalties may, for good and sufficient reasons and as

hereinafter provided, be imposed on a Government employee, namely:-

(a) Minor Penalties-

(i) warning with a copy in the personal file/ service record;

(ii) censure;

(iii) withholding of promotion;

(iv) recovery from pay of the whole or part of any pecuniary loss caused by

negligence or breach of orders, to the Central Government or a State Government or

to a Company and association or a body of individuals whether incorporated or not,

6

which is wholly or substantially owned or controlled by the Government or to a local

authority set up by an Act of Parliament or of the legislature of a State;

(v) withholding of increments of pay without cummulative effect.

(b) Major Penalties -

(vi) withholding of increments of pay with cummulative effect;

(vii) reduction to a lower stage in the time scale of pay or lower grade pay for a

specified period, with further directions as to whether or not the Government

employee will earn increments of pay during the period of such reduction and

whether on the expiry of such period, the reduction will or will not have the effect of

postponing the future increments of his pay;

(viii) reduction to a lower time scale of pay, grade, grade pay, post or service which

shall ordinarily be a bar to the promotion of the Government employee to the time

scale of pay, grade, grade pay, post or service from which he was reduced, with or

without further directions regarding conditions of restoration to the grade, grade pay

or post or service from which the Government employee was reduced and his

seniority and pay on such restoration to that grade, grade pay, post or service;

(ix) compulsory retirement;

(x) removal from service which shall not be a disqualification for future employment

under the Government;

(xi) dismissal from service which shall ordinarily be a disqualification for future

employment under the Government:

Provided that in every case in which the charge of possession of assets

disproportionate to known sources of income or the charge of acceptance from any

person of any gratification, other than legal remuneration, as motive or reward for

doing or forbearing to do any official act is established, the penalty mentioned in

clause (x) or clause (xi) shall be imposed:

Provided further that in any exceptional case, and for special reasons recorded

in writing any other penalty may be imposed.

Explanation- The following shall not amount to a penalty within the meaning of this

rule, namely:-

(i) withholding of increments of pay of a Government employee for his failure to pass

any departmental examination in accordance with the rules or orders governing the

service to which he belongs or post which he holds or the terms of his appointment;

7

(ii) stoppage of a Government employee at the efficiency bar in the time scale of pay

on the ground of his unfitness to cross the bar;

(iii) non-promotion of a Government employee, whether in a substantive or

officiating capacity, after consideration of his case, to a service, grade, grade pay or

post for promotion to which he is eligible;

(iv) reversion of a Government employee officiating in a higher service, grade or post

to a lower service, grade, grade pay or post on the ground that he is considered to

be unsuitable for such higher service, grade, grade pay or post on any administrative

ground unconnected with his conduct;

(v) reversion of a Government employee, appointed on probation to any service,

grade, grade pay or post, during or at the end of the period of probation, in

accordance with the terms of his appointment or the rules and orders governing such

probation;

(vi) compulsory retirement of a Government employee in accordance with the

provisions relating to his superannuation or retirement;

(vii) termination of the service-

(a) of a Government employee appointed on probation, during or at the end of the

period of probation in accordance with the terms of appointment or the rules and

orders governing such probations; or

(b) of a temporary Government employee appointed otherwise than under contract,

on the expiration of the period of the appointment, or on the abolition of the post or

before the due time in accordance with the terms of appointment; or

(c) of a Government employee employed under an agreement in accordance with

the terms of such agreement.

Note 1.- Punishing authorities have full discretion to publish in the Haryana

Government Gazette reasons for dismissal where such publication is considered

desirable in the public interest.

Note 2.- In order to guard against the inadvertent re-employment of persons

dismissed, from the Government service, the authority passing an order of dismissal

shall intimate to the Deputy Inspector-General Police, Haryana, Criminal

investigation Department, Deputy Commissioner and the Superintendent of Police

of the District of which the person concerned is a permanent resident, the name of

such a person and any other particulars required for purposes of identification,

unless the dismissal has been notified in the Haryana Government Gazette.

8

Similarly, if a person happens to be a resident of another State the aforesaid officers

of that State should be informed accordingly

Note 3 - The provisions of this rule shall not be construed to derogate from the

provisions of section 36 of the Punjab Courts Act, 1918 the payment of Wages Act,

1936, or any other law authorizing the imposing of fines on the ministerial

establishment governed by these laws and the authority competent to award the

punishment of the fine may do so in addition to the punishment aforesaid.

Note 4- The discharge of a person appointed to hold a temporary appointment,

otherwise than in accordance with the provisions of the Explanation (vii) (b) amounts

to removal or dismissal and is, therefore, appealable under these rules.

Note 5- The distinction between censure, the withholding of promotion and non-

selection to a selection post, is of considerable importance. Both censure and the

withholding of promotion are appealable under these rules. On the other hand non-

selection for a selection post is not appealable.

If a Government employee because of an unsatisfactory record and unfavourable

confidential reports, is not selected for a selection post and some other Government

employee junior to him is selected in preference, this does not amount to the

withholding of promotion. If any inquiry is held against a government employee and

an order of censure is passed on him, it is open to him to appeal, If he does not

appeal or his appeal is rejected, and if subsequently because of the existence of this

censure in his record, he is not selected for a selection post, and some other

government employee junior to him is selected in preference, this also does not

amount to the withholding of promotion. If, however, an enquiry is held against a

Government employee, and an order is passed that he should not be promoted to a

selection post for a definite period or until he has obtained good reports, this order

would amount to the infliction of the penalty of withholding promotion. This distinction

between non-selection for a selection post and the withholding of a promotion may

be summed up as being, that in the former case the government employee in

question is considered for selection but some other government employee is

preferred on his merits, while in the latter case the government employee in question

has been declared before hand, as a disciplinary measure, to be ineligible for

selection, irrespective of the merits of the other government employees available.

Note 6 - (i) While reduction of seniority as a independent penalty is not provided for

in rule 5, and cannot be imposed as such, the loss of seniority a result of an order of

9

reduction to a lower post of time-scale or pay structure, being inherent in the order of

reduction cannot be avoided.

(ii) The seniority, on re-promotion of a government employee reduced to a lower post

or time scale or grade pay, should be determined by the date of such repromotion in

accordance with the orders issued by the competent authority on the subject of

seniority. Such Government employee should not be re-stored to his original position

unless this is specifically laid down at the time of punishment is passed, or revised

on appeal.

Note 7.- Unauthorized desertion of his post by a public employee in the face of

enemy action, or threat of enemy action clearly amounts to grave misconduct and

would, therefore, constitute a good and sufficient reason with in the meaning of rule

5, for removal or dismissal in addition to any penalty provided in the Haryana

Essential Service (Maintenance) Act, 1974, Loss of pension would then follow

automatically by virtue of the provisions of rule 2.5 of the Haryana Civil Services

Rules, Part III - Pension Rules and it will forfeit the Government contribution

alongwith interst in the New Defined Contributory Pension Scheme.

6. Suspension-

(1) The appointing authority or any other authority to which it is subordinate or the

punishing authority or any other authority empowered in that behalf by the Governor

by general or special order, may place a Government employee under suspension-

(a) Where a disciplinary proceeding against him is contemplated or is pending, or

(b) where, in the opinion of the authority aforesaid, he has engaged himself in

activities prejudicial to the interest of the security of the State; or

(c) Where a case against him in respect of any criminal offence is under

investigation, inquiry or trial:

“Provided that where a Government employee against whom disciplinary

proceedings are contemplated is suspended, such suspension shall not be valid,

unless before the expiry of a period of ninety days from the date from which the

employee was suspended, disciplinary proceedings are initiated against him:

Provided further that the competent authority in the matter may, at any time

before the expiry of the said period of ninety days and after considering the special

circumstances for not initiating disciplinary proceedings, to be recorded in writing and

after seeking the approval of next higher authority allow continuance of the

10

suspension beyond the period of ninety days without the disciplinary proceedings

being initiated:

Provided further that where the order of suspension is made by an authority lower

than the appointing authority, such authority shall forthwith report to the appointing

authority the circumstances in which the order was made. (2) A Government employee shall be deemed to have been placed under

suspension by an order of the appointing authority:-

(a) with effect from the date of his detention, if he is detained in custody whether on

a criminal charge or otherwise, for a period exceeding forty-eight hours;

(b) with effect from the date of his conviction, if, in the event of a conviction for an

offence, he is sentenced to a term of imprisonment exceeding forty-eight hours and

is not forthwith dismissed or removed or compulsorily retired consequent to such

conviction.

Explanation- The period of forty-eight hours referred to in clause (b) of this sub-rule

shall be computed from the commencement of imprisonment after the conviction and

for this purpose, intermittent periods of imprisonment, if any, shall be taken into

account.

(3) Where a penalty of dismissal, removal or compulsory retirement from service

imposed upon a Government employee under suspension is set aside in appeal or

on review under these rules and the case is remitted for further inquiry or action or

with any other directions, the order of his suspension shall be deemed to have

continued in force on and from the date of the original order of dismissal, removal or

compulsory retirement and shall remain in force until further orders.

(4) Where a penalty of dismissal, removal or compulsory retirement from service

imposed upon a Government employee is set aside or declared or rendered void in

consequence of or by a decision of a court of law and the punishing authority, on a

consideration of the circumstances of the case, decides to hold a further inquiry

against him on the allegations on which the penalty of dismissal, removal or

compulsory retirement was originally imposed, the Government employee shall be

deemed to have been placed under suspension by the appointing authority from the

date of the original order of dismissal, removal or compulsory retirement and shall

continue to remain under suspension until further orders:

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Provided that no such further inquiry shall be ordered unless it is intended to meet a

situation where the Court has passed an order purely on technical grounds without

going into the merits of the case.

(5) An order of suspension made or deemed to have been made under this rule shall

continue to remain in force until it is modified or revoked by the authority competent

to do so.

(6) Where a Government employee is suspended or is deemed to have been

suspended, whether in connection with any disciplinary proceeding or otherwise, and

any other disciplinary proceeding is commenced against him during the continuance

of that suspension, the authority competent to place him under suspension may, for

reasons to be recorded by it in writing, direct that the Government employee shall

continue to be under suspension until that termination of all or any of such

proceedings.

(7) An order of suspension made or deemed to have been made under this rule may

at any time be modified or revoked by the authority, which made or is deemed to

have made the order or by any authority to which that authority is subordinate.

7. Withholding of payment of emoluments of a Government employee suspected of embezzlement- When a Government employee is suspected of being concerned in the

embezzlement of Government money, and is placed under suspension, the authority

competent to order his dismissal may direct, that unless he furnishes security for the

reimbursement of the said money to the satisfaction of his immediate superiors, the

payment of any sum due to him by the Government on the date of his suspension,

shall be deferred until such time as the said authority passes final orders on the

charges framed against him:

Provided that such Government employee shall be entitled to the payment of a

subsistence allowance in respect of the period for which the admissible emoluments;

if any, are withheld.

8. Authority to impose punishment- Subject to the provisions of clause (1) of Article 311 of the constitution of India,

the authorities competent to impose any of the penalties specified in rule 5 upon the

persons to whom these rules apply, shall be such as may prescribed by the

Government in the rules regulating the appointment and conditions of service of such

persons.

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9. Inquiry before imposition of certain penalties- (1) Without prejudice to the provisions of the Public Servants (Inquiries) Act, 1850;

no order of imposing a major penalty shall be passed against a person to whom

these rules are applicable unless he has given a reasonable opportunity of showing

cause against the action proposed to be taken in regard to him. (2) The grounds on which it is proposed to take such action shall be reduced to the

form of definite charge or charges which shall be communicated in writing to the

persons charged together with a statement of allegations on which each charge is

based and of any other circumstances which it is proposed to take up into

consideration in passing orders on the case and he shall be required within a

reasonable time to state in writing whether he admits the truth of all or any, of the

charges, what explanation for defence, if any, he has to offer and whether he desires

to be heard in person. If the punishing authority is not satisfied with the explanation

given by the person charged or there are other reasons to do so shall direct that an

enquiry shall be held at which all evidence shall be heard as to such of the charges

as are not admitted. The persons charged shall, subject to the conditions described

in sub-rule (3) be entitled to cross examine the witness, to give evidence in person

and to have such witness called, as he may wish, provided that the Officer

conducting the enquiry may for reasons to be recorded in writing, refuse to call any

witness. The proceedings shall contain a sufficient record of the evidence and

statement of the findings and the grounds thereof provided that - (a) it shall not be necessary to frame any additional charge when it is proposed to

take action in respect of any statement of allegation made by person charged in the

course of his defence;

(b) the provisions of the foregoing sub-rule shall not apply where any major penalty

is proposed to be imposed upon a person on the ground of conduct which has led to

his conviction on a criminal charge; or where an authority empowered to dismiss or

remove him, or reduce him in rank is satisfied that, for some reasons to be recorded

by him in writing, it is not reasonably practicable to give him an opportunity of

showing cause against the action proposed to be taken against him, or wherein the

interest of the security of the State it is considered not expedient to give to that

person such an opportunity;

(c) the Inquiry Officer appointed to conduct inquiry shall issue maximum two notices

to the charged person to appear before him for presenting his/her case. In case

13

charged persons do not appear after the communication of two notices, the Inquiry

Officer shall be competent to proceed ex-parte in the matter. However, after

considering the circumstances to be recorded, the Inquiry Officer may issue third

notice also;

(d) as per the Punjab Departmental Enquiries (powers) Act, 1955 (Punjab Act 8 of

1955), the officer conducting enquiry under these rules shall be competent to

exercise the same powers for summoning of witnesses and for compelling the

production of documents as are exercisable by a Commission appointed for an

enquiry under the Public Servants (Inquiries) Act, 1850 (Act 37 of 1850);

(e) In case the competent authority is satisfied with the explanation given by the

charged person, it may drop the charge-sheet without resorting to the procedure of

conducting enquiry. Similarly if the competent authority after considering the reply of

the charged person is of the opinion that awarding of minor punishment shall meet

the end of justice, then the authority competent may award minor punishment

without following the procedure of conducting the enquiry.

(3) If any question arises whether it is reasonably practicable to give to any person

an opportunity to defend him under sub-rule (2) the decision thereon of the punishing

authority shall be final.

(4)(a) Where any person has made a statement on oath, in evidence before any

criminal or Civil Court, in any case, in which Government employee charged was

party and had full opportunity to cross-examine such person and where it is intended

to prove the same facts as deposed to by such person in such statement in any

inquiry under the Public Servants (Inquiries) Acts, 1850, shall not be necessary to

call such person to give oral evidence in corroboration of that statement. The

certified copy of the statement previously made by him in any such case may be

read as part of the evidence:

Provided that the Officer conducting the inquiry may, in interest of justice order the

production of witness in person either for further examination or for further cross-

examination by persons charged.

(b) The Government employee charged shall not be allowed, except at discretion of

the Inquiry Officer, to be exercised in the interest of justice to call as a witness in his

defence any person whose statement has already been recorded and whom he has

had opportunity to cross-examine, or whose previous statement has been admitted

in the manner herein provided.

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(5) Where the punishing authority itself enquires into any charge or charges or

appoints an Inquiry Officer for holding enquiry against a person charged, it may, by

an order, appoint a Government employee or a legal practitioner to be known as a

“Presenting Officer” to present on its behalf the case, in support of the charge or

charges.

The person, against whom a charge is being enquired into, shall be allowed to obtain

the assistance of a Government employee or a retired Government employee, if he

so desires, in order to produce his defence before the Inquiry Officer. If the charge or

charges are likely to results in the dismissal of the person from the service of the

Government, such person may, with the sanction of the Inquiry Officer, be

represented by counsel:

Provided that if in any enquiry, Counsel is engaged on behalf of any department of

Government, the person against whom the charge or charges are being enquired

into, shall also be entitled to engage counsel:

Provided further that the assistance of a particular Government employee will be

allowed only if the Inquiry Officer is satisfied that he is of such rank as is appropriate

in the circumstances of the case and that he can be spared by the department

concerned for that purpose.

Note 1.- Charges need not necessarily be framed in relation only to specific incidents

or acts of misconduct. When reports received against an officer or a preliminary

enquiry show that his general behaviour has been such as to be unfitting to his

position, or that he has failed to reach or maintain a reasonable standard of

efficiency, he may and should be charged accordingly, and a finding of such a

charge may be valid ground for the infliction of any authorized punishment, which

may be considered suitable in the circumstances of the case. It will still be

necessary to communicate the charges of misbehaviour or of inefficiency or of both

as the case may be, to the officer concerned but statement which is to be

communicated to the officer in support of the charges need not specify particular

acts of misconduct. It will be sufficient in the statement to give the list of the report on

the basis of which misbehaviour or inefficiency is alleged.

Note 2.- This rule shall not apply where it is proposed to order the compulsory

retirement from service of any Government employee subject to the rule-making

power of the Government who has been in the employment of a Government outside

the Union of India for any period and whose retention in the public service of the

15

state of Haryana is in the opinion of the Government prejudicial to national security.

In every such case as aforesaid, it shall be sufficient for the Government to inform

the person concern of such opinion, and that in pursuance of that opinion it is

proposed to order his compulsory retirement and to pass orders after taking into

consideration his representation, if any.

Any person compulsory retired from service in accordance with the procedure

prescribed by this rule will be granted such compensation pension or compensation

gratuity as would have been admissible to him had he been discharged from service

due to the abolition of his post without any alternative suitable employment being

provided, under the rules applicable to his service or post on the date of his

retirement.

(6) After the enquiry against a Government employee has been completed, the

disciplinary authority shall forward or cause to be forwarded a copy of the enquiry

report, and where the disciplinary authority does not agree with the enquiry report or

any part thereof, the reasons for disagreement shall be communicated alongwith the

enquiry report, to the Government employee who may submit, if he so desires, a

written representation to the disciplinary authority within a period of one month from

the date of such communication.

(7) The disciplinary authority shall consider the representation, if any, submitted by the

Government employee and record its findings before proceeding further in the matter

as specified in rule 5.

10. Procedure for Imposing minor penalties- Without prejudice to the provisions

of rule 9 no order for imposing a minor penalty shall be passed on a Government

employee unless he has been given an adequate opportunity of making any

representation that he may desire to make, and such representation has been taken

into consideration:

Provided that this condition shall not apply in a case where an order based on facts

has led to his conviction in a criminal court or an order has been passed superseding

him for promotion to a higher post on the grounds of his unfitness for that post on

account of the existence of unsatisfactory record:

Provided further that the requirements of this rule may, for sufficient reasons to be

recorded in writing be waived where it is not practicable to observe them and where

they can be waived without injustice to the Government employee concerned.

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11. Right of appeal- Every person to whom these rules apply, shall be entitled to appeal, as hereinafter

provided to such superior authority, as may be prescribed by Government in the

rules, regulating his conditions of services against an order, not being an order of

Government:-

(a) imposing upon him any of the penalties specified in Rule 5;

(b) discharging him in accordance with the term of his contract, if he has been

engaged on a contract for a definite, or for an indefinite periods and has rendered

under either form of contract continuous service for a period exceeding five years at

the time when his services are terminated;

(c) reducing or withholding the amount of ordinary or additional pension admissible

under the rules governing pension;

(d) termination his appointment , otherwise than upon his reaching the age fixed for

superannuation;

(e) an order which denies or varies to his disadvantage his pay, allowances , pension

or other conditions of service as regulated by rules or by agreement.

12. Period of limitations of appeal- No appeal preferred under rule 11 shall be entertained unless such appeal is

preferred within a period of forty-five days from the date on which a copy of the order

appealed against is delivered to the appellant:

Provided that the appellate authority may entertain the appeal after the expiry of the

said period, if it is satisfied that the appellant had sufficient cause for not preferring

the appeal in time.

13. Order which may be passed by appellate authority- (1) In the case of appeal against an order under rule 11 or any penalty specified

in rule 5, the appellate authority shall consider;

(a) whether the facts on which the order was based have been established;

(b) whether the facts established afford sufficient ground for taking action; and

(c) whether the penalty is excessive, adequate and after such consideration,

shall pass such order as it thinks proper:

Provided that no penalty shall be increased unless opportunity is given to the

person, concerned to show cause why such penalty should not be increased.

(2) An authority from whose order, an appeal is preferred under these rules, shall

give effect to any order made by the appellate authority.

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14. Second appeal where penalty is increased- In every case in which an

appellate authority, other than Government, increases the penalty inflicted by an

authority subordinate to it upon a person to whom these rules apply, such person

shall be entitled to submit a second appeal with in sixty days to the authority

prescribed in the rules regulating his conditions of service.

15. Right of revision-

After an appeal or the second appeal provided in rule 14 has been rejected, a

person to whom these rules apply, may apply for revision to such superior authority

as may be prescribed in the rules regulating his condition of service:

Provided that the powers of revision shall be exercised only-

(a) if the appellate authority is one other than Government; and

(b) on the ground of material irregularity in the proceedings of the Inquiry Officer or

appellate authority, or on the discovery of new and important matter of evidence,

which after the exercise of diligence was not within the knowledge of the petitioner,

or could not be produced by him when the orders were passed against him or on

account of some mistake or error on the face of the record.

16. Power of superior authority to revise the proceeding of an inferior authority-

(1) The Government or the Head of Department may call for and examine the

records of any case in which a subordinate authority passed any order under Rule

11 or has inflicted any of the penalties specified in Rule 5 or in which no order has

been passed or penalty inflicted and after making further investigation, if any, may

confirm, remit, reduce to any or subject to provisions of sub-rule (1) of Rule 13,

increase the penalty or subject to provisions of Rule 9 and 10 inflict any of the

penalties specified in Rule 5.

(2) The Government may, at the time of consideration of Memorial, submitted under

its general or special or special published from time to time by the Government an

employee on whom a penalty is imposed review any order passed by the

Government under these rules:

Provided that the penalty already imposed shall not be enhanced unless an

opportunity has been given to the Government employee who has submitted

Memorial to show cause why it may not be enhanced.

17. Prohibition as to collective appeal- Every person preferring an appeal shall do so separately and in his own name.

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18. Common proceedings-

(1) Where two or more Government employees are concerned in any case the

Governor or any other authority competent to impose the penalty of dismissal from

service on all such Government employees may make an order directing that

disciplinary action against all of them may be taken in a common proceeding.

(2) If the authorities competent to impose the penalty of dismissal on such

Government employees are different, an order for taking disciplinary action in a

common proceeding shall be made by the highest of such authorities.

(3) Any order under sub-rule (1) shall specify the authority competent to do so under

the relevant service rules, which may function as the punishing authority for the

purpose of such common proceedings.

19. Manner of presentation of appeal or application for revision-

Every appeal or application for revision preferred under these rules, shall contain

material statements and arguments relied upon by the appellant or applicant, shall

contain no disrespectful or improper language, and shall be complete in itself. Every

such appeal or application for revision shall be submitted through the Head of the

office to which the appellant or applicant belong or belonged.

20. Withholding of appeals or applications for revisions-

(1) An appeal or application for revision may withheld by the Head of the office, if

(a) it is an appeal or application for revision in a case in which under these rules, no

appeal or application for revision lies; or

(b) it does not comply with the provisions of rule 19; or

(c) it is an appeal and is not preferred within forty five days after the date on which

the appellant was informed of the order appealed against, and no reasonable cause

is shown for the delay; or

(d) it is a repetition of a previous appeal or application for revision and is made to the

same appellate or revisionary authority by which such appeal or application for

revision has been decided and no new facts or circumstances are adduced which

afford ground for a reconsideration of the case:

Provided that in every case in which an appeal or application for revision is withheld,

the appellant or applicant shall be informed of the fact and the reasons for it and a

copy thereof forwarded to the appellate authority, if any together with a copy of the

appeal or application for revision so withheld:

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Provided further that an appeal or application for revision withheld on account only of

failure to comply with the provisions of rule 19 may be resubmitted at any time within

one month of the date on which the appellant or applicant has been informed of the

withholding of the appeal or application and if resubmitted in a form which complies

with those provisions, shall not be withheld.

(2) Any appellant or revisional authority may call for the record of any appeal or

application for revision withheld by an authority subordinate to it, which under these

rules may be made to it and may pass such order thereon as it considers fit.

21. Saving of the function of the Haryana Public Service Commission-

Nothing in these rules shall be deemed to affect the functions of the Haryana Public

Service Commission as specified in Article 320 of the Constitution India, and as

limited by the Haryana Public Service Commission (Limitation of Functions)

Regulations, 1973 or other regulations made in that behalf.

22. Repeal and Saving- The Haryana Civil Services (Punishment and Appeal) Rules, 1987 are hereby

repealed. Anything done or any action taken under the rules so repealed shall be

deemed to have been done or taken under the corresponding provisions of these

rules.