Fundamental Rules:

1
Objectives:

 At the end of the session participants will be able to

 i. Describe Fundamental Rules
 ii. Explain the Application and Important Definitions
under part 1.
 iii. Explain Fundamental Rules related to General
Conditions of Service under Part II.
 iv. Explain Fundamental Rules related to Foreign Service
and Service under Local Funds under Part V.
Contd..

2
 I. Description of Fundamental Rules:
 In regard to services the law applicable can be divided int
3 parts
 The First part deals with statuary rules regarding
Recruitment ,such as Qualifications, Maximum and
Minimum Age, Method of Appointment ,etc
 The Second part consists of rules that regulate the
Government servants Pay and Allowances, Increments,
Probation, Leave, etc
 The Third part relates to rules after Retirement ,such as
Pension rules, Gratuity, etc
 The Fundamental Rules relate to Second Part above and
deals with Pay and Allowances, Increment, lien,
Suspension, Leave, Deputation etc. 3
 Contd…
The Fundamental Rules are further divided into Five Parts
 Part-I:

F.R’s 1-9 extent of Application and Definitions

Part-II:

F.R’s 10-18 general conditions of service

Part-III:

F.R’s 19-56 pay, Addition’s to pay, combination, of

Appointments, deputation out of India suspension, Removal,
Dismissal and Retirement. (Dealt Separately)
Part-IV:
F.R’s 58 -108A general provisions relating to leave and
joining time. (Dealt Separately)
Part-V:
F.R’s 109 -130 Foreign Service & Service under local funds.
4
 II. Application of Fundamental Rules and
Important Definitions--------- PART-I
 FR.1 : These rules may be called the Fundamental Rules,
were originally made by the Secretary of State for India came
in to force with effect from 1st January, 1922.
 Fundamental Rules modified a replaced by the State
Government to suit are called the Subsidiary Rules.
 FR.2 : Applicability : to all the Government Servants paid
from the consolidated fund of the state.
 FR.5A: The Government may relax the provision of Rules.
 F.R.6 : Government may delegate to any of its officer, any
power conferred on it.
 F.R.7 : No powers may be exercised or delegated under
these rules except after consultation with the Finance 5
Department.
 Contd…
 F.R.8 : the power of interpreting these rules is reserved to
the State Government.
 F.R.9.5 : Compensatory Allowances: are granted to
Government to meet personal expenditure necessitated by
the special circumstances under which one is performing
the duties. It includes Travelling Allowance.
 F.R.9. 6 Duty : 1. Regular duty, 2. Authorized Training 3.
Joining Time 4. Compulsory wait 5. Official witness 5.
Obligatory Tests (including joining time) 6. Deputation to
Foreign Service, 7.Preparation for an examination in any
of the oriental languages, 8. Medical examination @ time of
medical recruitment 9. Period of enforced halls,10. APCSJS
in attending its meeting including Joining time, 11.
6
Appointed as examiner.
 Contd...
 F.R. 9.(7): Foreign Service: Service in which a
Government servant receives his pay from any
source other than the consolidated fund.
 F.R.9, 9 Honorarium : Recurring or non-
recurring payment granted to a Government
servant from consolidated fund.
 F.R.9.(10): Joining Time: Time allowed to a
government servant in which to join a new post
or to travel to or from a station to which he is
posted.
7
 Contd...
 F.R.9.(13) Lien : The title of the government
servants to hold substantively a permanent post. (the
lien of a government servant on a permanent post
commences from the date on which he has been
confirmed in that post.)
 F.R.9.(!8): Month:
 Means a calendar month irrespective of the number
of days in each month.
 F.R. 9 (27): Subsistance allowance:
 Means a monthly grant made to a Government
8
servant who is not in receipt of pay or leave salary.
 III . Fundamental Rules Related to General
Conditions of Service------Part-II

 F.R.10: Medical examination: No person may be

Substantively appointed to a permanent post in
Government service with out a medical certificate of
health except as provided by this rule.
 F.R.11: The whole time of the Government servant
is at the disposal of the Government which pays him
and he may be employed in any manner required by
proper authority without claim for additional
remuneration.

9
 Contd…
 F.R.12:
 (a) Two or more Government servants cannot be
appointed substantively to the same permanent post
at the same time.
 (b) A Government servant cannot be appointed
substantively except as a temporary measure, to two
or more permanent posts at the same time.
 c) A Government servant cannot be appointed
substantively to a post on which another
Government servant holds a lien.
10
 F.R. 12- A: A Government servant on substantive
appointment to any permanent post acquires a lien on that
post and ceases to hold any lien previously acquired on any
other post.
 F.R. 13: A Government servant holding substantively a
permanent post retains a lien on that post, unless the lien is
suspended under rule 14 or transferred under rule 14-B,
 a). while performing the duties of that post:
 b). while on foreign services, or holding a temporary post,
or officiating in another post:
 c). during joining time on transfer to another post; unless he
is transferred substantively to a lower post on lower pay, in
which case his lien is transferred to the new post from the
date on which he is relieved of his duties in the old post;
11
 d). while on leave other than refused leave
granted after the date of compulsory retirement
under Rule 86, or Rule 7 of Andhra Pradesh
Leave Rules, 1933, and
 e). while under suspension.

12
F.R. 14: (a). [The state Government] shall suspend the lien of
a Government servant on a permanent post which he holds
substantively if he is appointed in a substantive capacity.
1. To a tenure post
2. Provisionally to a post on which another government
servant would hold a lien not been suspended under this rule.
(b). [The State Government] may, at its option suspend the
lien of a Government servant on a permanent may post which
he holds substantively if he is deputed out of India or
transferred to foreign service, or, in circumstances not covered
by clause (a) of this rule, is transferred, in an officiating
capacity to a post in another cadre, and in any of these cases
there is reason to believe that he will remain absent from the
post on which he holds a lien for a period of not less than
13
three years;
 Contd..
 (c). Notwithstanding anything contained in clause
(a) or (b) of this rule, a Government servant’s lien
on a tenure post may in no circumstances lien on
the tenure post must be terminated;
 (d). If a Government servant’s lien on a post is
suspended under clause (a) or (b) of this rule, the
post may be filled substantively and the
Government servant appointed to hold it
substantively shall acquire a lien on it; provided
that the arrangements shall be reversed as soon as
the suspended lien revives;.
14
 (e). [XXX] A Government servant’s lien which has been
suspended under clause (a) of this rule shall revive as soon
as he ceases to hold a lien on a post of the nature specified
in sub-clause (1) or (3) of that clause.
 (f). A Government servant’s lien which has been suspended
under clause (b) of this rule shall revive as soon as he ceases
to be on deputation out of India or on foreign service or to
hold a post in another cadre, provided that a suspended lien
shall not revive because the Government servant takes
leave, if there is reason to believe that he will, on return
from leave, continue to be on deputation out of India or on
foreign service or to hold a post in another cadre and the
total period of absence on duty will not fall short of three
years or that he will hold substantively a post of the nature
specified in sub-clause (1) or (3) of clause (a). 15
 Contd..
 [(g) The Lien of (i) a Government employee, appointed
outside the regular line from the date of his relief; (ii).
A Government employee who resigned/are relieved
from a post to join in a different post to which he is
selected by direct recruitment, from the date of his
resignation/relief from the old post; and 9iii). A
government employee who is transferred from one
department to another on request or otherwise by way
of departmental transfers from the date of his relief shall
stand automatically suspended even if it is not
mentioned in such orders and such Government
employees shall automatically acquire provisional lien
in the new departments, in which they join]. 16
 Contd…
 Delegation: A head of department is empowered
to suspend a lien in respect of any post to which it
or an authority subordinate to it can appoint.
 Instruction: The lien of an officer cannot be
suspended while he is on probation in another
post. If the officer completes the period of
probation satisfactorily, suspension of lien may
be made with retrospective effect from the date
on which the officer was transferred to other
duty, provided that the conditions in Rule 14 (b)
are otherwise satisfied. 17
 F.R. 14-A. (a): Except as provided in clauses (c)
and (d) of this rule [XXX] a Government servant’s
lien on a post may in no circumstances be
terminated, even with his consent, if the result will
be to leave him without a lien or a suspended lien
upon a permanent post.
 (c) The lien of a government servant holding
substantively a permanent post shall be terminated
while on refused leave after the date of compulsory
retirement.
 (d)A government servant’s lien on a post shall
terminated on his acquiring a lien on a permanent
post outside the cadre on which he is borne. 18
 Contd…
 (e) The Lien of a Government employee, which was
automatically suspended from the date of his relief in the
parent department under clauses (g) under FR-14 shall
automatically get terminated in the parent department on the
date on which his probation is declared in the new
department or on the date on which his probation is deemed
to have been declared in the new department or the date of
his further promotion in the new department which ever is
later subject to a maximum period of three (3) years.]
 F.R. 15: a). [The State Government] may transfer a
Government servant from one post to another; provided
that, except
 1. on account of inefficiency or misbehavior, or
19
 2. on his written request
Contd…
 F.R.16: A Government servant may be required

to subscribe to a provident fund, a family pension

fund or other similar fund in accordance with
such rules as [the Government or] may by order
prescribe.
 F.R.17: 1. Subject to any exceptions specifically
made in these rules. An officer shall begin t draw
the pay and allowances attached to his tenure of a
post, with effect from the date when he assumes
the duties of that post, and shall cease to draw
them as soon as he cease to discharge those 20
duties.
Contd…
 FR. 18 :- No Government servant shall be granted

leave of any kind for a continuous period exceeding

5 years.
 Wilful absence from duty not covered by regular

leave will be treated as DIESNON all purposes

 The period does not count for salary, pension leave

and increment.
 E.O.L taken on M.C to the extent of 36 months shall
count as qualifying service and also prosecuting
higher scientific and / or technical studies.
21
 Contd…
 If any employee is absent unauthorized for a
period exceeding one year action should be
taken exceeding one year action should be
taken to remove him from service after
following due procedure – (G.O.Ms.No.8,
dated: 08.01.2004).
 Neither the rule 18 or rule 5 of AP leaves
Rules can be construed to mean that a person
on unauthorized leave cannot be permitted to
join duty if gives joining report or ceases to be
in service by such absence. 22
Contd…
[F.R. 18-A: A Government servant shall be deemed
to have resigned from the service if he—
a). is absent without authorization for a period
exceeding ‘one year’ ; or
b). remains absent from duty for a continuous period
exceeding five years with or without leave; or
c). continues on foreign service beyond the period
approved by the State Government:
provided that a reasonable opportunity to explain the
reason for such absence or continuation on foreign
service shall be given to the Government servant 23
before the provisions of this sub-rule are invoked.]
 IV. Fundamental Rules to Foreign Service and Service
under Local Funds------PART-V:
 F.R. 110: (a) No Government servant may be transferred to
foreign service against his will:
 Provided that this sub-rule shall not apply to the transfer of
a Government servant to the service of body, whether
incorporated or not, which is wholly or substantially owned
or controlled by the Government.
 (b). A transfer to foreign Service outside India may be
sanctioned by the President of India.
 (c). Subject to any restrictions which the President of India
may by a general order impose, in the case of transfer to the
service of a State, a transfer to foreign service in
India may be sanctioned by [the State Government] under 24
which the State Government servant transferred is serving.
 Contd...
 F.R. 111: A transfer to foreign service is not admissible
unless:-
 (a). the duties to be performed after the transfer are such
as should, for public reasons, be rendered by a
Government servant ; and
 (b). The Government servant transferred holds, at the
time of transfer, a post paid from general revenues; or
holds a lien on a permanent post, or would hold a lien on
such a post had his lien not been suspended.
 F.R.112: If a Government servant 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.
25
Contd…
 F.R. 113: A Government servant 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 subject to
the conditions prescribed under the second
provision to F.R. 30(i) such 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. 26
 Contd…
 F.R.114: A Government servant in foreign service will
draw pay from the foreign employer from the date on which
he relinquishes charges if his post in Government service.
Subject to any special restriction, which the Government
may by general order 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.
 F.R.. 115: (a). While a Government servant is in foreign
service contributions towards the cost of his pension must
be paid to general revenues on his behalf.
 (b). Contributions towards the cost of leave salary also must
be paid. 27
 Contd…
 (c). Contributions due under clauses (a) and (b) above shall
be paid by the Government servant himself unless the
foreign employer consents to pay them. They shall not be
payable during leave taken while on foreign service.
 F.R. 116: The rate of Contributions payable on account of
pension and leave salary shall be such as the State
Government may by general order prescribe. (For this
purpose Government Servants have been classified into four
grades). Foreign employer has to pay the pension
contribution and leave salary contribution as per the table
under the rule

28
 Contd…
 Maximum period : 5 years
 H.O.D : 3 years
 Government. : Another 2 years
 S.R. to be maintained by the HOD on by any
functionary prescribed by the HOD for the
purpose.
 TTA joining on repatriation and joining time
salary has to be borne by the foreign employer
only.
29
 Contd…
 F.R.117: (a). The rates of pension contribution
prescribed under Rule 116 will be designed to secure to
the Government servant the pension that he would have
earned by service under Government if he had not been
transferred to foreign service.
 (b). The rates of contribution for leave salary will be
designed to secure to the Government servant leave
salary will be designed to secure to the Government
servant leave salary on the scale and under the conditions
applicable to him, in calculating the rate of leave salary
admissible, the pay drawn in foreign service, less, in the
case of Government servants paying their own
30
 Contd…
 contributions, such part of pay as may be paid as
contribution will count as pay for the purpose of
Fundamental Rule 9(2). In the case of a Government
servant governed by the Andhra Pradesh Leave Rules,
1933, the pay in excess of that admissible under the State
Government or the special pay or the deputation
allowance drawn in foreign service shall not be taken
into account for the purpose of calculating the
contribution for leave salary
 [However, deputation allowance which is of the nature
of special pay drawn by such Government servants while
on deputation to other Governments shall count as pay
for purpose of leave salary contribution]. 31
 Contd…
 F.R. 119: [In the case of transfer to foreign service, the
State Government may]-
 (a). remit the contributions due in any specified case or class
of cases, and and make rules prescribing the rate of interest
to be levied on overdue contributions contributions.
 F.R. 120: A Government servant s\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 contributions paid on his behalf
maintains his claim to, pension, or 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,
32
and no claim for refund can be entertained.
 Contd..
 F.R.121: A Government servant transferred to
foreign service may not, without the sanction
of [the State Government], accept a pension or
gratuity from his foreign employer in respect
of such service.
 F.R. 122: A Government servant in foreign
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 leave salary from Government,
unless he actually quits duty and goes on 33
leave.
Contd…
 F.R. 123: (a). A Government servant 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 beforehand, 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 servant’s
leave account.
 (b). In special circumstances, the authority sanctioning a transfer

to foreign service out of India, may make arrangement with the

foreign employer, under which leave may be granted to the
Government service, in accordance with the rules applicable to
him as a Government servant, if the foreign employer pays to
34
general revenues leave contribution at the rates prescribed under
 Contd…
 F.R. 124: A Government servant 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 that of the
post in which he officiates. His pay in foreign service
will not be taken into account in fixing his pay.
 F.R.125: A Government servant reverts from foreign
service to Government service on the date on which he
takes charge of his post in Government service:
 Providing 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 State 35
 Contd..
 F.R. 126: When a Government servant 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.
 F.R. 127: When an addition is made to a regular
establishment on the condition that its cost or
define portion of its cost shall be recovered from
the persons for whose benefit the additional
establishment is created, recoveries shall be
made under the following rules— 36
 Contd…
 (a). The amount to be recovered shall be the
gross sanctioned cost of the service, or of the
portion of the service, as the case may be, and
shall not vary with the actual expenditure of
any month.
 (b). The cost of the service shall include
contributions at such rates, as may be laid
down under Rule 116, and the contributions
shall be calculated on the sanctioned rates of
pay of the members of the establishment.
37
 Contd…
 F.R. 128: Government servants paid from local Funds
which are administered by Government are subject to the
provisions of Chapter 1 to XI of these rules.
 F.R. 129: The transfer of Government servants to service
under Local Funds which are not administered by
Government will be regulated by rules in Chapter XII.
 F.R. 130: 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. [The
State Government] may, however, allow previous service in
such cases to count as duty performed on such terms as it
thinks fit.
38