EXTENT OF APPLICATION
These rules may be called the Fundamental Rules. They shall come into force with effect from the 1st January, 1922.
The Fundamental Rules apply, subject to the provisions of Rule 3 to all Government servants whose pay is debitable to Civil Estimates and to any other class of Government servants to which the President may, by general or special order, declare them to be applicable.
GOVERNMENT OF INDIA’S ORDERS
1. Applicability to Civilians temporarily transferred to service paid from Army Estimates. -
A Government servant paid from Civil Estimates, who is temporarily transferred to service paid from Army Estimates, shall remain subject to the Fundamental Rules.
[G.I., F.D., Res. No. 614-C.S.R., dated the 19th June, 1922]
2. Applicability to Civilians temporarily transferred to service paid from Defence Estimates. -
A Government servant paid from Civil Estimates, who is temporarily transferred to service paid from Defence Estimates, remains subject to the Fundamental Rules. As no similar general protection has been extended to Government servants subject to the Civil Services Regulations and paid from Defence Services Estimates, who are temporarily transferred to service paid from Civil Estimates, these Government servants ipso facto become subject to the Fundamental Rules for all purposes except for leave while so transferred.
[G.I., F.D., endorsement No. F.2(2)-R-I/45, dated the 27th November, 1945.]
3. Applicability to Defence Accounts Department Personnel.-
The President is please to decide that commencing from the 1st July, 1976, the personnel of the Defence Accounts Department will be governed by the Fundamental Rules (i) in all matters in which they are at present governed by the Civil Services Regulations, and (ii) in matters of grant of fees and honoraria now governed under Rule 271 et seq. Financial Regulations, Part I.
The employees who are in the service of the department on the 1st July, 1976 (including those on deputation/foreign service, etc.) will be given an option to continue to be governed by the provisions of Civil Services Regulations or to come over to Fundamental Rules from the 1st July, 1976. The option will be exercised on or before the 30th September, 1976. Such of the employees who fail to exercise their option within the stipulated period will automatically be brought over under the Fundamental Rules from the 1st July, 1976. The option once exercised will be final.
[G.I., M.F., Defence Division O.M. No. 17030/Accounts/An (PC), dated the 15th June, 1976.]
CONTROLLER-GENERAL OF DEFENCE ACCOUNTS’ ORDERS
Consequent on the Decision No. (3) above, the following supplementary instructions are issued for the guidance of all concerned:-
(i) The option required to be exercised in terms of paragraph (2) of the decision will be submitted to the Controller of Defence Accounts under whom the employee is serving or on whose proforma strength he is borne. In the case of non-gazetted staff the option will be recorded in the service book and in the case of gazetted officers the option will be set to the Accounts Officer. In the case of Indian Defence Service Accounts Officers who are on deputation, Controller of Defence Accounts (Pensions) will be proforma Controller.
(ii) In matters of leave, travelling allowance, pensionary benefits and General Provident Fund, the Defence Accounts Department employees will continue to be governed by the following sets of rules :-
(a) Leave: C.C.S. (Leave) Rules, 1972, as amended from time to time.
(b) Travelling allowance: Supplementary Rules, as amended from time to time.
(c ) Pensionary Benefits: C.C.S.(Pension) Rules, 1972, as amended from time to time.
(d) General Provident Fund: General Provident Fund (Defence Services) Rules, 1960, as amended from time to time.
[Controller-General of Defence Accounts No. 17030/Acccounts /AN-J, dated the 21st July, 1976.]
Unless in any case it be otherwise distinctly provided by or under these rules, these rules do not apply to Government servants whose conditions of service are governed by Army or Marine Regulations.
Where any Ministry or Department of Government is the opinion that the operation of any of these rules may cause undue hardship to any person, that Ministry or Department, as the case may be, may, by order, for reasons to be recorded in writing, 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:
Provided that no such order shall be made except with the concurrence of the Ministry of Finance.
GOVERNMENT OF INDIA’S ORDERS
Guiding Principles.- The power to relax a rule, as and when considered necessary to deal with any particular case in a just and equitable manner is intended, as in the past, to be invoked only in rare and exceptional cases. Such action should only be taken in accordance with the accepted procedure hitherto followed in dealing with such cases. Before an order of relaxation is passed in any case, the Ministry of Finance should be consulted and any existing rules of business or procedure of the Government of India Secretariat having a bearing on the subject should be complied with.
In any case in which it is agreed by the Ministry of Finance that it is a fit case in which the power to relax any rule should be exercised, the reasons for such relaxation should be placed on record on the appropriate file, but these should not form part of the formal order itself to be issued in this behalf.
[G.I., M.H.A., O.M. No. 108/54-Ests. (A), dated the 25th March, 1955, as amended.]
The Central Government may delegate to any of its officers, subject to any conditions which it may think fit to impose, any power conferred upon it by these rules with the following exceptions:-
(a) all powers to make rules;
(b) the other powers conferred by Rules 6, 9(6)(b), 44, 45-A, 45-B, 45-C, 83, 108-A, 119, 121 and 127(c ), and by the first proviso to clause (1) of Rule 30.
[Powers delegated by the Government of India under different Fundamental Rules, are contained in an Appendix of this Compilation]
No powers may be exercised or delegated under these rules except after consultation with the Ministry of Finance. It shall be open to that Ministry to prescribe, by general or special order, cases in which its consent may be presumed to have been given.
GOVERNMENT OF INDIA’S ORDERS
Re-delegation of powers by Administrative Ministries.- In paragraph 3 of O.M. No. F. 10(13)-E.(Co-ord)/75, dated the 10th April, 1975, it has been stated that the Administrative Ministries can redelegate powers to the subordinate authorities in respect of all matters except the following, viz.,
- Creation of posts.
- write-off of losses, and
- re-appropriation exceeding 10% of the original budget provision.
Certain Ministries/Departments have raised doubts whether this power of re-delegation is restricted to powers in respect of Delegation of Financial Powers Rules only. It is clarified that this power of re-delegation is in respect of all the sets of Rules, viz., Delegation of Financial Powers Rules, General Financial Rules and Fundamental and Supplementary Rules.
[G.I., M.F., O.M. No. F. 10(13)-E. (Coord)/75, dated the 8th March, 1975.]
The powers of interpreting these rules is reserved to the President.