Fundamental Rule 9 - Definitions - Chapter II of Part I

CHAPTER II

DEFINITIONS

F.R. 9

Unless there be something repugnant in the subject or the context, the terms defined in this Chapter are used in the rules in the sense here explained-

  1. The Act means the Government of India Act.

(1-A) [1] Administrator

means an Administrator of a Union Territory appointed by the President under Article 239 of the Constitution and includes the Governor of Assam acting as Agent to the President in respect of the North-East Frontier Agency.

(1-B) [2] Allotment

means grant of a license to a Government servant to occupy a house owned, leased or requisitioned by the Government or a portion thereof, for use by him as residence.

(2) [3] Average pay

means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay:

Provided that-
(a) In respect of any period spent on foreign service out of India, the pay which the Government servant would have drawn if on duty in India, but for foreign service out of India, shall be substituted for the pay actually drawn.
(b) [3:1] Deleted.
(c ) The average pay of a military officer who is granted license fee-free quarters and thereby forgoes lodging allowance in lien thereof, shall, if he gives up such quarters before going on leave be calculated as though he had been drawing during the period of occupation the lodging allowance to which he would otherwise have been entitled.

NOTE. [3:2] - Deleted.

(3) [3:3] Deleted

(4) Cadre

means the strength of a service or a part of a service sanctioned as a separate unit.

(5) Compensatory allowance

means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance, but does not include a sumptuary allowance nor the grant of free passage by sea to or from any place outside India.

GOVERNMENT OF INDIA’S ORDERS - F.R. 9

Reasons for grant of additions to pay to be recorded and communicated -

In view of the importance attached to the correct classification of additions to pay such as special pay and compensatory allowance, it has been accepted as a general principle that the reasons for grant of such additions to pay should be briefly recorded in the letter or memorandum conveying the sanction. In cases, however, in which an official record in an open letter may be undesirable, it should be possible to communicate the reasons confidentially to the audit authority.

[G.I., F.D., No. F 9-V-C-S.R./27, dated the 15th February, 1927.]

(6) [4] Duty -

(a) Duty includes -

(i) service as a probationer or apprentice provided that such service is followed by confirmation; and
(ii) joining time.

(b) A Government servant may be treated as on duty-

(i) during a course of instruction or training in India, or
(ii) ** in the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government of passing through a course of training at a university, college or school in India, during the interval between the satisfactory completion of the course and his assumption of duties.

GOVERNMENT OF INDIA’S ORDERS (2) - F.R. 9

1. Period of waiting on joining from leave for posting orders. -

Mr. N., an Executive Engineer, while officiating as Superintending Engineer, was granted leave on average pay on medical certificate for 4 months and 12 days expiring on the 25th August. After receipt of a medical certificate of fitness; the question of his posting was taken up on the 16th August, and it having been finally decided to post him as officiating Superintending Engineer, orders for his posting were issued on the 26th September. Mr. N. joined duty on the forenoon of the 4th October. The question arose how the period 26th August to 3rd October should be treated.

The circumstances of the case are similar to those referred to in F.R. 9 (6) (b) (iv), inasmuch as in both cases the essential point is the compulsory waiting by the officer concerned for orders of Government posting him to a particular post. Accordingly, the Government of India, with the concurrence of the Auditor General, ordered that the period of waiting in the case of Mr. N. and in other similar cases should be treated as duty as in the case mentioned in F.R. 9 (6) (b) (iv)

[G.I., F.D., No. F. 192-C.S.R.-25, dated the 20th June, 1925 to Accountant-General, Madras.]

2. India Reserve of Officers.

It has been decided that the time spent on training by civilian Government servants, who join the Army in India Reserve of Officers, will count as duty under F.R. 9 (6) (b).

[G.I., F.D., No.F.81-E, dated the 27th September, 1926.]

In the case of Civil Officers, granted commissions in the Army in India Reserve of Officers, the period of training will not include the time spent in journey to and from the station at which the training is carried out. The time spent by these officers in journeying to and from the place of training should be treated as duty and acting arrangements may be made during that time.

[G.I., F.D., No. 15 (29)-R.I./31, dated the 21st September, 1931 and No. F. 35. R.I./32. dated the 19th August, 1932.]

3. Substantive Government servant and student, stipendiary or otherwise.

A Government servant, who has been substantively appointed to a post or cadre in Government service, shall be treated as on duty during any course of instruction or training, which he may be required or permitted to undergo in accordance with the terms of any general or special orders.

A student, stipendiary or otherwise, who is entitled to be appointed to Government service on passing through a course of training at a University, College or School, shall, unless in any case it be otherwise expressly provided in the terms of his appointment, be treated as on duty during the interval between the satisfactory completion of the course and his assumption of duties.

[G.I., F.d., Res. No. 724-C.S.R., dated the 16th May, 1923 and No. F/130-R. I/28 dated the 2nd October, 1928.]

4. Attending departmental examinations.

(a) Obligatory examinations.

A Government servant required to attend an obligatory departmental examination, or permitted to present himself at an examination the passing of which is a condition of preferment in Government service, may be treated as on duty during the day or days of the examination and during the reasonable time required for the journey, if any to and from the place of examination.

[G.I., F.D. Memo. No. F. 17-R.I/29, dated the 23rd January, 1929.]

NOTE. - It was decided in consultation with the Auditor-General that the phrase ‘condition of preferment in Government service’, covers for promotion within the normal scope of the Government servant’s department of office.

[G.I., F.D. No. F/15 (5)/R.I./31 dated the 25th March, 1931.]

(b) Open competitive examinations. - It has been decided that special casual leave be granted to Central Government servants, who are eligible to appear at Departmental Promotion Examinations which are neither obligatory nor entail a condition of preferment in Government service, e.g., limited competitive examination for Section…

UNDER CURATION…REMAINING CONTENTS OF THIS CHAPTER WILL BE UPDATED SOON.


  1. Inserted by G.I., M.F., Notification No.18(13)-E. IV (A)/70, dated the 29th January, 1971 and takes effect from the 6th February, 1971. ↩︎

  2. Inserted by G.I., M.F. 11(5)/68-W & E, dated the 4th October, 1969. ↩︎

  3. Deleted by G.I., M.F., Notification No. 18(13)-E. IV (A)/70, dated the 29th January, 1971. ↩︎ ↩︎ ↩︎ ↩︎

  4. Substituted by G.I., M.F., Notification No.18(13)-E. IV (A)/70, dated the 29th January, 1971 and takes effect from the 6th February, 1971. ↩︎