In exercise of the powers conferred by
sub-section (2) of Section 96B of the Government of India Act, the Secretary of
State in Council, with the concurrence of a majority of votes at a meeting of
the Council of India held this 27th day of May 1930, hereby makes the following
rules:-- PART I GENERAL (1)
These rules may be called the Civil Services
(Classification, Control and Appeal) Rules, 1930. (2)
The Civil Services (Governor's Provinces)
Classification Rules and the Civil Services (Governor's Provinces) Delegation
Rules, 1926 are hereby cancelled. For the purposes of these rules,
unless there is anything repugnant in the subject or context-- (a)
"Government" means the Governor-General
in Council or a Local Government as the circumstances require. (b)
Where a member of a service is referred to as
appointed by an authority the reference is subject to the provisions of Rule 22
to the authority which appointed him to the service of which he is for the time
being a member: Provided that a member of a service
who prior to his appointment to such service was appointed to the service of
the Crown in India by an authority higher than the authority which appointed
him to such service shall, if the higher authority so directs, be deemed for
the purposes of these rules to have been appointed by the higher authority. These rules shall apply to every
person in the whole-time civil employment of a Government in India (other than
a person so employed only occasionally or subject to discharge at one month's
notice or less) except-- (a)
persons for whose appointment and condition
of employment special provision is made by or under any law for the time being
in force; (b)
(i) railway servants as defined in Section 3
of the Indian Railways Act, 1890: (ii) persons holding posts in the
Railway Board who are subject to the Railway Services (Classification, Control
and Appeal) Rules, and (iii) other persons holding posts
under the administrative control of the Railway Board or of the Financial
Commissioner of Railways; (c)
persons in respect of whose conditions of
service, pay and allowances, pension, discipline and conduct, or any of them,
special provisions has been made by agreement entered into before these rules
were made or entered into thereafter in pursuance of the provisions of rule 46: Provided that in respect of any matter
not covered by the provisions special to him, his post, these rules shall apply
to any person coming within the scope of exception (a) or (c) above to whom but
for these exceptions the rules would otherwise apply: Provided also that these rules shall
apply to any person temporarily transferred to a service or post coming within
exception (b) to whom but for such transfer, these rules would otherwise apply. Notwithstanding the provision of the
foregoing rule, the Government may by notification published in the Gazette of
India or the local Official Gazette- (1)
exclude wholly or in part from the operation
of these rules any ministerial or petty Officer or inferior servant or any
class of officer or servants to whom the Government shall declare that the
rules cannot suitably be applied, and these rules shall thereupon, to the
extent of such exclusion, cease to apply accordingly; (2)
declare in respect of any person or group of
persons that these rules shall not apply in whole or in part to such person or
group and these rules shall thereupon cease to apply accordingly: Provided that no declaration under
sub-rule (2) or this rule shall be made in respect of any person who-- (a)
holds a pensionable post; or (b)
holds a permanent whole-time post; or (c)
was appointed by the Secretary of State in
Council or the Governor-General in Council, save by or with the sanction of the
appointing authority. If any doubt arises-- (a)
as to whether these rules apply to any
person, the matter shall be referred to the authority which appointed him; (b)
as to whether any person to whom these rules
apply belongs to a particular service, the matter shall be referred to the
controlling authority of that service; (c)
as to which of two or more services in the
service to which a person to whom these rules apply belongs, the matter shall
be referred to the highest authority among the controlling authorities of the
services concerned; and, in each case, the decision of the
authority to whom the matter is referred shall be final. The decision of the Secretary of State
in Council shall be final on any question whether any rule, purporting to be
made in exercise of the power conferred by these rules, was validly made or
contravenes any of the provision of these rules, and the authority by which the
rule was made shall give effect to any orders which may be passed by the
Secretary of State in Council thereon. Where by these rules power is
delegated to, conferred upon, any authority to make rules regulating the
classification, the methods of recruitment, the conditions of service, the pay,
allowances and pensions, or the discipline and conditions of any class of the
Civil Services specified in rule 14, the rules, notifications, and orders by
whatsoever authority made, regulating these matters in respect of that class
which were in operation on the date these rules were made shall remain in
operation except in so far as these may be inconsistent with these rules or may
be specifically cancelled or modified in exercise of the aforesaid power by the
authority to which it is delegated. Nothing in these rules or in any rule
made thereunder shall operate to deprive any person of any right or privilege
to which he is entitled-- (a)
by or under any law, or (b)
by the terms of any contract or agreement
subsisting between such person and Government on the date these rules came into
force. (1)
Subject to the provisions of rule 8, nothing
in any rule made under these rules shall operate to affect to the disadvantage
of any person to whom these rules apply, the conditions of services in respect
of pay, allowances, pensions or any other matter which are applicable to him-- (a)
on the date these rules came into force, or (b)
by virtue of any order or rule made by the
Secretary of State in Council, unless-- (i)
the rule has been made with the previous
sanction of the Secretary of State in Council, or (ii)
the authority which made the rule had power
on the 8th day of March, 1926 to make it, or (iii)
such person gives his consent. (2)
For the purpose of this rule, a person who
was holding a post on the aforesaid date in an officiating or provisionally
substantive capacity, and has been subsequently confirmed in such post without
having reverted therefrom, shall be deemed to have been holding that post on
that date. Nothing in these rules or in any rule
made under them shall be construed as authorizing a Government otherwise than
with the previous sanction of the Secretary of State in Council-- (1)
to create a permanent post on a maximum rate
of pay exceeding Rs. 3,000 month or to increase the maximum pay of sanctioned
permanent post to an amount exceeding Rs. 3,000 in a month; (2)
to create or continue a temporary post for a
period exceeding six months if the pay of the post exceeds Rs. 4,000 a month,
or for a period exceeding three years if the pay of the post exceeds Rs. 3,000
a month; (3)
to create or continue a temporary post for a
period exceeding three months for the performance of the duties of a post borne
on the cadre of an All India Service which has been left unfilled under rule
25. Nothing in these rules should be
considered as authorizing a Local Government otherwise than with the previous
sanction of the Governor-General in Council to institute or make rules
regulating any Provident Fund. Any rule made by a Government in
exercise of power delegated under these rules may, for reasons to be recorded
in writing, be relaxed in individual cases in which that Government is
satisfied that a strict application of the rule would cause hardship to the
individual concerned. (1)
The local Legislature of any Governor's
Province is hereby authorized to make laws for the establishment, and for
determining the functions of a Commission to regulate the public services of
the Province; but any such law shall be subject to the provision of any rules
made by the Secretary of State in Council under sub-section (2) of Section 96B or
Section 96C of the Government of India Act for the time being in force, whether
made before or after its enactment, and, if it is at time of its enactment, or
thereafter becomes, repugnant to any such provision, shall, to the extent of
that repugnancy, be void. (2)
No law enacted under the authority of this
rule shall provide-- (a)
for the appointment or renewal of the
appointment or removal of any Member of such Commission otherwise than by the
Governor; or (b)
for the exercise by the Commission with
reference to any person in the Civil Service, of the Crown in India, other than
a member of provincial specialist or subordinate service under the
administrative control of Local Government-- (i)
of any function in regard to disciplinary
cases; (ii)
of any other function save with the general
or special approval of the Secretary of State in Council in the case of persons
appointed by him and of the Governor-General in Council in other cases. (3)
In any law enacted under the authority of
this rule there shall be inserted-- (a)
provision that any such person who has been a
Member of a Commission set up by any such law shall, on vacating his office be
ineligible, or (b)
provision that any such person shall, on
vacating his office be ineligible for such period as the Governor may
prescribe, to hold any office under the Crown in India other than the
office of Member of a Commission set up by any such law or under Section 96C of
the Government of India Act. PART II CLASSIFICATION The public services in India shall be
classified as follows:-- (1)
the All India Service; (2)
the Central Service, Class I; (3)
the Central Services, Class II; (4)
the Provincial Services; (5)
the Specialist Services; (6)
the Subordinate Services; The All India Services shall consists
of-- (a)
members of the service included in Schedule I
to these rules; and (b)
persons who hold in a substantive capacity
posts borne on the cadres of the services included in Schedule I. The Central Services, Class I, shall
consist to the services included in schedule II to these rules. The Central Services, Class II, shall
consist of such services (other than the services in Schedules I and II) under
the administrative control of the Governor-General in Council or the Local
Government of a Province other than Governor's Province, as the
Governor-General in Council may from time to time declare, by notification in
the Gazette of India, to be included in the Central Services, Class II:
Provided that one of the services of included shall be entitled the General
Service. The Provincial Services shall consist
of such services (other than the services included in Schedule I) under the
administrative control of the Local Government of a Governor's Province, as the
Local Government may from time to time declare, by notification in the local
Official Gazette, to be included in the Provincial Services of the Province: Provided that one of the services so
included shall be entitled the General Service. The Specialist Services shall consist
of such services (other than All India Central or Provincial Services-under the
administrative control of the Governor-General in Council or the Local
Government of a Governor's Province, as the Governor-General in Councilor Local
Government may, from time to time, by notification in the Gazette of India or
local Official Gazette declare to be Specialist Services: Provided that one of the Services so
included shall be entitled the General Service. The various Governments, may make
rules for the classification into subordinate services of persons to whom these
rules apply and who are under their administrative control and are not already
included in any of the services comprised in clauses (1) to (5) of rule 14. The controlling authority of every
person to whom these rules apply shall, if he is not already so included,
include him in a service under its control. Save where his former appointment has
been terminated by his removal under rule 49(vi) no appointment of a person who
is included in a service to any other services or post shall operate to deprive
him without his consent of any right or privilege to which he may have been
entitled as member of his former service; and save as aforesaid a member of an
All India-Service appointed to a service or post included in another class
shall not, by reason only of such appointment, cease to be member of an All
India Service. PART III ALL INDIA SERVICES Save as provided by. Sections 99 and
100 of the Government of India Act, all first appointments to an All India
Service shall be made by Secretary of State in Council, and the rules
regulating recruitment to the All India Services' shall be made by the
Secretary of State in Council: Provided that the Governor-General in
Council or the Local Government of a Governor's Province may appoint an officer
holding the King's Commission in the Indian Army to any post included in the
Indian General Service. The strength, including both the
number and character of posts, of every All India Service shall be determined
by the Secretary of State in Council or in accordance with any rules made in
this behalf by the Secretary of State in Council: Provided that subject to the
limitations specified in rule 10, the Governor-General in Council or a Local
Government may make temporary additions to the cadre of an All India Service
for the performance of any duties of a temporary character. The Governor-General in Council or the
Local Government of a Governor's Province may make changes in the duties of a
post borne on the cadre of an All India service, subject to the following
conditions, namely:-- (1)
If, in the opinion of the Governor-General in
Council or of the Local Government, as the case may be, the changes which it is
proposed to make are not material changes, they may be made without previous
reference to the Secretary of State in Council but shall within six months of
their being made be reported to the Secretary of State in Council who, if in
his opinion the changes were material, may require the changes to be cancelled
or to be modified in such manner as he may direct; (2)
If, in the opinion of the Governor-General in
Council or of the Local Government, as the case may be, the changes which it is
proposed to make are material changes, they shall not be made save with the
previous sanction of the Secretary of State in Council who may either sanction
the proposed changes or refuse to sanction them or sanction them subject to
such modifications as he may think fit to impose: Provided that a report need not be
made regarding, not shall the previous sanction of the Secretary of State in
Council be required to, a temporary change in the duties of a post borne on the
cadre of an All India Service which is due to leave arrangements or which, if not
so due, does not last for more than three months. The Governor-General in Council or the
Local Government of a Governor's Province may leave a post borne on the cadre
of an All India Service unfilled for a period of three months. If it is intended
to leave such a post unfilled for a period exceeding three months or if such a
post has been left unfilled for a period exceeding three months, a report
shall, subject to any rules made in this behalf by the Secretary of State in
Council, forthwith be made to the Secretary of State and if, the Secretary of
State in Council directs that the post be filled, the Governor-General in
Council or the Local Government, as the case may be, shall proceed to fill it. Rules regulating the conditions of service,
the pay, and allowances and the pensions of members of the All India Services
shall be made by the Secretary of State in Council: Provided that nothing in this rule
shall invalidate any delegation of the power to make rules which was made
before these rules came into force. Save as provided by any law for the
time being in force or by any rules or orders relating to All India Services
made by the Secretary of State in Council, no person shall, without the
previous sanction of the Secretary of State in Council, be appointed to any
post borne on the cadre or reserved for members of an All India Service except
a person who is a member of such service or is already substantively holding a
post borne on the cadre or reserved for a member of such Service. Notwithstanding anything contained in
rule 27 of these rules or in rule VII of the Civil Services (Governor's
Provinces) Classification Rules, the previous sanction of the Secretary of
State in Council to the appointment of a person who is not a member of the
Indian Service of Engineers to a divisional post in the Public Works Department
of Madras, Bombay, Bihar and Orissa and Assam or in the Irrigation Branches of
that department in Bengal, the United Provinces, the Punjab, Burma and the
Central Provinces, shall not be required unless total number of such posts in
the Province or branch concerned is less than the number of officers of that
service who hold the rank of Executive Engineer, but excluding from the former
number any extra departmental posts which are not actually in operation and
from the latter any officers who are unavailable owing to their being on leave
or deputation or to their officiating in higher appointments. PART IV CENTRAL SERVICES, CLASS I All first appointments to the India
Ecclesiastical Department shall be made by the Secretary of State in Council. The Governor-General in Council may
appoint a member of the Indian Civil Service or an officer holding the King's
Commission in the Indian Army, or, for special reasons and with the prior
approval of the Secretary of State in Council, a member of any other All India
Service to the Indian Political Department: Provided that all other first
appointments to the Indian Political Department shall be made by the Secretary
of State in Council. Save as provided by rule 29, all first
appointments to the Central Services, Class I, shall be made by the
Governor-General in Council. (1)
Rules regulating the methods of recruitment
to the Indian Ecclesiastical Establishment and the Indian Political Department
shall be made by the Secretary of State in Council. (2)
Save as provided in sub-rule (1), the power
to make rules regulating the methods of recruitment to the Central Services,
Class I, is hereby delegated to the Governor-General in Council. (1)
The strength, including both the number and
character of posts of the Indian Ecclesiastical Establishment and the Indian
Political Department shall be determined by the Secretary of State in Council,
or in accordance with any rules made in this behalf by the Secretary of State
in Council: Provided that, subject to the
limitations specified in rule 10, the Governor-General in Council may make
temporary additions to the cadres of the Indian Ecclesiastical Establishment or
the Indian Political Department for the performance of any duties of temporary
character. (2)
Save as provided in sub-rule (1), the power
to make rules to determine the strength, including both the number and
character of posts of the Central Service, Class I, is hereby delegated to the
Governor-General in Council: Provided that, any modification of
cadre which would adversely affect a person appointed by the Secretary of State
in Council to any Central Services, Class I, shall require the previous
sanction of the Secretary of State in Council. (1)
Rules regulating the conditions of service,
the pay and allowances, and the pensions of officers of the Indian
Ecclesiastical Establishment, and the Indian Political Department, rules regulating
the pension of members of the Central Services, Class I, appointed by the
Secretary of State in Council and rules regulating the pensions of members of
the Central Services, Class I, in respect of any period of office as Member or
Temporary Member of the Executive Council of the Governor-General or of a
Governor shall be made by the Secretary of State in Council: Provided that nothing in this rule
shall invalidate any delegation of the power to make rules which was made
before these rules came into force. (2)
Save as provided in sub-rule (1) the power to
make rules regulating the conditions of service, the pay and allowance, and the
pensions of members of the Central Services, Class I, is hereby delegated to
the Governor-General in Council. PART V CENTRAL SERVICES, CLASS II All first appointments to the Central
Services, Class II, shall be made by the Governor-General in Council or by an
authority empowered by the Governor-General in Council in this behalf. The power to make rules regulating the
methods of recruitment to the Central Services, Class II, is hereby delegated
to the Governor-General in Council. The power to make rules to determine
the strength, including both the number and character of posts, of the Central Services,
Class II, is hereby delegated to the Governor-General in Council. The power to make rules regulating the
conditions of service, the pay and allowances, and the pensions of members of
the Central Services, Class II, is hereby delegated to the Governor-General in
Council: Provided that rules regulating the
pensions of members of such services in respect of any period of office as a
Member or Temporary Member of the Executive Council of the Governor-General or
of a Governor shall be made by the Secretary of State in Council: Provided also that rules regulating
the pensions of members of a Central Service, Class 11, appointed by the
Secretary of State in Council, shall be made by that authority. PART VI PROVINCIAL SERVICE All first appointments to a Provincial
Service shall be made by the Local Government or by an authority empowered by
the Local Government in this behalf: Provided that the previous sanction of
the Governor-General in Council shall be required to-- (a)
the appointment to a Provincial Service of
any person who is not either a British subject or the subject of a State in
India; (b)
the making of an appointment to a Provincial
Service which will adversely affect any person who was a member of such service
on the 9th day of March, 1926; (c)
the making of first appointments to a
Provincial Service otherwise than (i) by transfer or promotion from another
Provincial Service, whether in the same or in a different Province, or by
promotion from a subordinate service, or (ii) on the result of a competitive
examination, or (iii) after consulting a permanent Board of Selection appointed
by the Local Government or a Commission established by a law made under the
authorization conferred by rule 13 or the Public Service Commission established
in accordance with the provisions of Section 96C of the Government of India Act
or (iv) in accordance with arrangements approved by the Governor-General in
Council; and (d)
the fixing of standards for admission to any
existing Provincial Service lower than the standards regulating admission to
that service on the 9th day of March, 1926. Subject to the provisions of rule 38,
the power to make rules regulating the method of recruitment to Provincial
Services is hereby delegated to the Local Government of Governor's Provinces. (1)
The power to make rules to determine the
strength, including both the number and character of posts, of a Provincial
Service in any Governor's Province is hereby delegated to the Local Government: Provided that no increase of such
posts, If it would adversely affect any person who was a member of the
corresponding All India Service on the 9th day of March, 1926, shall be made
without the previous sanction of the Secretary of State in Council: Provided also that a reduction in the
number of posts in a Provincial Service if it would, adversely affect any
person who was a member of such service on the 9th day of March 1926, shall not
be made without the previous sanction of the Governor-General in Council. (2)
For the purposes of this rule and of rule 38,
a person who was, on the 9th day of March, 1926, holding in an officiating or
provisionally substantive capacity a post belonging to a particular service and
has been subsequently confirmed in such post without having reverted therefrom,
shall be deemed to have been a member of that service on that date. The power to make rules regulating the
conditions of service, the pay and allowance, and the pensions of a Provincial
Service, in any Governor's Province is hereby delegated to the Local
Government: Provided that rules regulating-- (a)
the pay of members of such Services while
officiating in posts borne on the cadre of an All India Service; or (b)
the pension, of members of such Services in
respect of any period of office as a Member or Temporary Member of the
Executive Council of the Governor-General or of a Governor; or (c)
the pensions of members of such Services who
were appointed by the Secretary of State in Council; shall be made by the Secretary of
State in Council. PART VII SPECIALIST SERVICES The Governor-General in Council and
the Local Government of a Governor's Province may determine the posts to be
held by members of the Specialist Service, and may appoint persons to hold them
and may make rules prescribing the conditions of service, the pay and
allowances, and the pensions, if any, of the incumbents of such posts: Provided that rules regulating the
pensions of members of a Specialist Service appointed by the Secretary of State
in Council shall be made by that authority: Provided also that no such post if its
creation would adversely affect any member of an All India Service or of a
service specified in rule 29 or any member of the Superior Telegraph
Engineering and Wireless Branches of the Indian Posts and Telegraphs Department
appointed by the Secretary of State in Council shall be created without the
previous sanction of the Secretary of State in Council. PART VIII SAVING FOR MILITARY OFFICERS Notwithstanding anything contained in
Part IV, Part V, Part VI, Part VII, or Part XII-- (a)
rules regulating the methods of recruitment
of officers (other than officers of the Indian Medical Department) holding the
King's Commission on the active list of the Regular Army, the Royal Air Force
and the Royal Indian Navy to any Central Service, Class I or Class II, or to
any Provincial Service, and rules regulating the conditions of service, the pay
and allowances, and the pensions and the conduct of such officers in any such
service or in any Specialist Service shall be made by the Secretary of State in
Council: Provided that nothing in this clause
shall invalidate any delegation of the power to make rules which was made
before these rules came into force. (b)
the number and character of posts for the
time being filled by such officers in any. Central, Provincial or Specialist
Service shall not be altered without the previous sanction of the Secretary of
State in Council: Provided that, subject to the
limitations specified in rule 10, the Governor-General in Council or Local
Government may add temporarily to the number of such posts for the performance
of duties of a temporary nature. PART IX SUBORDINATE SERVICES The powers to make rules providing for
the following matters in respect of subordinate service under the
administrative control of a Government is hereby delegated to such Government
namely:- (a)
the making of first appointments, (b)
the methods of recruitments, (c)
the number and character of posts, and (d)
conditions of service, pay and allowances,
and pensions. PART X TRANSFERS TO FOREIGN SERVICE (1)
No rule made under the power delegated by
sub-rule (2) of rule 33, rule 37, rule 41, rule 42 or rule 44 shall permit of a
transfer of any person to Foreign Service without his consent. (2)
No rule made under the power delegated by
rule 41, rule 42, or rule 44 shall permit of-- (a)
the transfer of any person to Foreign Service
outside India or (in the case of a transfer by the Madras Government) to
Foreign Service outside India or Ceylon save with the previous sanction of the
Governor-General in council; (b)
the transfer of any person to Foreign Service
in a State in India save in accordance with such restrictions as the
Governor-General in Council may from time to time impose. PART XI SPECIAL PROVISIONS BY AGREEMENTS (1)
When in the opinion of the controlling
authority special provisions inconsistent with any of these rules or of any
rules made thereunder are required in respect of conditions of service, pay and
allowances, pension, discipline and conduct with reference to any particular
post, or any of them, it shall be open to the controlling authority subject to
the provisions of rule 10 but notwithstanding anything otherwise contained in
these rules to provide by agreement with the person appointed to such post for
any of the matters in respect of which in opinion of the controlling authority
special provisions are required to be made in the agreement; nothing in these
rules or in any rules made thereunder shall apply to any person so appointed in
respect of any matter for which provision is made in agreement: Provided that in every agreement made
in exercise of the powers conferred by this rule by any controlling authority
it shall further be provided that in respect of any matter in respect of which
no provision has been made in the agreement, the provisions of these rules or
of rules made thereunder shall apply. (2)
When in a case to which sub-rule (1) applies
the controlling authority is an authority other than the Secretary of State in
Council, it shall be open to the controlling authority, in lieu of exercising
the power conferred by sub-rule (1) to request the Secretary of State in
Council to enter into an agreement of the nature referred to in sub-rule (1)
and it shall be open to the Secretary of State in Council on receipt of such
request to enter into such agreement, whereupon all the provisions of sub-rule
(1) shall apply in like manner as they apply in the case of an agreement,
entered into by the controlling authority. (3)
Any agreement of the nature referred to in
sub-rule (1) or sub-rule (2) may provide that the person with whom it is made
shall not, save in circumstances stated in the agreement, be dismissed
otherwise than on payment to him of compensation by the controlling authority
or the Secretary of State as the case may be. PART XII CONDUCT AND DISCIPLINE Rules regulating the conduct of
members of the All India Services and of the Indian Political Department and
the Indian Ecclesiastical Establishment shall be made by the Secretary of State
in Council. The Secretary of State in Council may declare that these rules or
any of them, with or without modification, shall be applicable to any other
service. (1)
The Governor-General in Council may make
rules to regulate the conduct of members of the Central Services, Classes I and
II (except the Indian Political Department and the Indian Ecclesiastical
Establishment), of the Specialist Services and of the Subordinate Services
under his administrative control. (2)
The Local Government of a Governor's Province
may make rules to regulate the conduct of members of the Provincial Services,
Specialists Services and Subordinate Services, under its administrative
control, (3)
No rule made in exercise of the power
delegated by this rule shall contravene any provision contained in any rules
made by the Secretary of State in Council- (a)
under clause (a) of rule 43, or (b)
which may be declared under rule 47 to be
applicable to the Service concerned. The following penalties may, for good
and sufficient reason and as hereinafter provided, be imposed upon members of
the services comprised in any of the classes (1) to (5) specified in rule 14,
namely:-- (i)
Censure. (ii)
Withholding of increments or promotion
including stoppage at an efficiency bar. (iii)
Reduction to a lower post or time-scale, or
to a lower stage in a time-scale. (iv)
Recovery from pay of the whole or part of any
pecuniary loss caused to Government by negligence or breach of orders. [1][(iv-a)
Compulsory retirement.] (v)
Suspension. (vi)
Removal from the civil service of the Crown,
which does not disqualify from future employment. (vii)
Dismissal from the civil service of the
Crown, which ordinarily disqualifies from future employment; Explanation I.-- The discharge-- (a)
of a person appointed on probation, during or
at the end of the period of probation, on grounds arising out of the specific
conditions laid down by the appointing authority, e.g., want of a vacancy,
failure to acquire prescribed special qualifications or the pass prescribed
test, (b)
of a person appointed otherwise than under
contract to hold a temporary appointment, on the expiration of the period of
the appointment, (c)
of a person engaged under contract, in
accordance with the terms of his contract, does not amount to removal, or
dismissal within the meaning of this rule. Explanation II.-- The discharge of a probationer,
whether during or at the end of the period of probation for some specific fault
or on account of his unsuitably for the services, amounts to removal or
dismissal within the meaning of this rule. [2][Explanation
III.-- Compulsory retirement of a Government
servant in accordance with the provisions relating to his superannuation or
retirement does not amount to penalty within the meaning of this rule. [3][(1) The
appointing authority or any authority to which it is subordinate or the
Governor by general or special order, may place a Government servant under
suspension-- (a)
where disciplinary proceeding against him is
contemplated or is pending, or, (b)
where a case against him in respect of any
criminal offence is under investigation, or trial. (2) A Government servant shall be deemed to have
been placed under suspension by an order of appointing authority- (a)
with effect form the date of his 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 the imprisonment after the conviction and for this purpose,
intermittent periods of imprisonment, if any, shall be taken into account. (4)
Where a penalty of dismissal, removal or
compulsory retirement from service imposed upon a Government servant 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. (5)
Where a penalty of dismissal, removal or
compulsory retirement from service imposed upon a Government servant is set
aside or declared or rendered void in consequence of or by a decision of a
Court of Law and the disciplinary 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 servant 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. (6)
(a) 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. (b) Where a Government servant 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 him
in writing, direct that the Government servant shall continue to be under
suspension until the termination of all or any of such proceedings. (c) 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. No member of an All India Service, and
no person holding the King's Commission on the active list of the Regular Army,
the Royal Air Force, the Royal Indian Navy or on the Supernumerary List of the
Indian Army or appointed by the Secretary of State in Council shall be removed
or dismissed except by order of the Secretary of State in Council. No officer holding the King's
Commission on the active list of the Regular Army and the Royal Indian Navy or
on the Supernumerary List of the Indian Army shall be reverted from his civil
employment except by order of the Governor General in Council. Subject to the provisions of these
rules, the Governor-General in Council or the Local Government of a Governor's
Province may impose-- (a)
any of the penalties specified in clauses (i)
to (v) of rule 49 on any person included in any of the clauses (1) to (5)
specified in rule 14 who is serving under the administrative control of the
Governor-General in Council or the Local Government, as the case may be, (b)
the penalty specified in clause (vi) or in
clause (vii) on any such person not being one of those referred to in rule 50. Subject to such conditions, if any, as
he may prescribe, the Governor-General in Council may delegate-- (a)
to a Chief Commissioner his power to impose
any of the penalties specified in clauses (i) to (v) of rule 49 on members of
services under the administrative control of the Chief Commissioner, (b)
to any authority subordinate to him his power
to impose any of the penalties specified in clauses (i) to (v) of that rule on
members of Specialist Service, (c)
to any authority subordinate to him his power
to impose any of the penalties specified in the rule on members of a Central
Service, Class II. The power to make rules prescribing
the penalties that may be imposed on members of Subordinate Services under the
administrative control of a Government, the authorities which may impose such
penalties, the appeal which may be preferred from orders imposing such
penalties, the condition subject to which and the authorities by which such
orders may be reversed or altered in case in which no appeal lies, or in which
no appeal is preferred, is hereby delegated to such Government: Provided that, when such rules empower
a subordinate authority to impose a penalty, provision shall be made in the
rules for at least one appeal to a higher authority from an order imposing such
penalty. Without prejudice to the provisions of
the Public Servants Inquiries Act, 1850, no order of dismissal, removal,
compulsory retirement [4][or
reduction] shall be passed on a member of a Service (other than 'an order based
on facts which have led to his conviction in a Criminal Court or by a
Court-Martial) unless he has been informed in writing of the grounds on which
it is proposed to take action and has been afforded an adequate opportunity of
defending himself. The grounds on which it is proposed to take action shall be
reduced to the form of a definite charge or charges which shall be communicated
to the person charged together with a statement of the allegations on which
each charge is based and of any other circumstances which it is proposed to take
into consideration in passing orders on the case. He shall be required, within
a reasonable time, to put in a written statement of his defence and to state
whether he desires to be heard in person. If he so desires or if the authority
concerned so direct an oral inquiry shall be held. At that inquiry oral
evidence shall be heard as to such of the allegations as are not admitted, and
the person charged shall be entitled to cross-examine the witnesses, to give
evidence in person and to have such witnesses called, as he may wish, provided
that the officer, conducting the inquiry may, for special and sufficient
reasons to be recorded in writing, refuse to call a witness. The proceedings
shall contain a sufficient record of the evidence and a statement of the
findings and the grounds thereof. This rule shall not apply where the
person concerned has absconded or where it is for other reasons impracticable
to communicate with him. All or any of the provisions of the rule may, in
exceptional cases, for special and sufficient reasons to be recorded in writing
be waived, where there is a difficulty in observing exactly the requirement of
the rule and those requirements can be waived without injustice to the person
charged. The full procedure prescribed in this
rule need not be followed in the case of a probationer discharged in the
circumstances described in Explanation II to rule 49. In such cases, it will be
sufficient if the probationer is given an opportunity to show cause in writing
against the discharge after being apprised of the grounds on which it is
proposed to discharge him and his reply duly considered before orders are
passed. [5][Without
prejudice to the provisions of rule 55, no order imposing the penalty specified
in clauses (i), (ii), or (iv) of rule 49 (other than an order based on facts
which led to his conviction in a Criminal Court or by a Court-Martial, or an
order superseding him for promotion to a higher post on the ground of his
unfitness for that post) on any Government servant to whom these rules are
applicable shall be passed unless he has been given an adequate opportunity of
making any representation that he may desire to make and such representation,
if any, has been taken into consideration before the order is passed: Provided that the requirements of this
rule may for sufficient reasons to be recoded in writing, be waived where there
is difficulty in observing them and where they can be waived without injustice
to the officer concerned. PART XIII APPEALS Every person included in one of the clause (1) to (5) specified in rule
14 shall be entitled to appeal, as hereinafter provided, from an order passed
by an authority in India- (a)
imposing
upon him any of the penalties specified in rule 49, (b)
discharging
him in accordance with the terms of his contract if-- (i)
he was
engaged, on a contract for a fixed or for an indefinite period and has rendered
under either form of contract continuous service for a period exceeding five
years at the time when his services are terminated; or (ii)
he comes
under the provision of rule 58 (3): (c)
reducing or
withholding the maximum pension including an additional pension admissible to
him under the rules governing pension: Provided that a person appointed by the Governor-General in Council
shall have no right of appeal from an order passed by the Governor-General in
Council. (1)
A member of
an All India Service may appeal from the order of a Local Government to the
Governor-General in Council and from an order, original or appellate, of the Governor-General
in Council to the Secretary of State in Council. (2)
A member of
Central Services who was appointed by the Secretary of State in Council, or is
an officer holding the King's Commission on the active list of the Regular
Army, the Royal Air Force or the Royal Indian Navy and a member of a Special
Service under the administrative control of the Governor-General
in Council who was appointed by the Secretary of State in Council may
appeal from an order passed by an authority subordinate to the Governor-General
in Council (which expression in this rule includes a Chief Commissioner) to the
Governor-General in Council, and from an order, original or appellate, of the
Governor-General in Council to the Secretary of State in Council. (3)
A member of
a Central Service appointed by the Governor-General in Council or a member of a
Specialist Service appointed by the Governor-General in Council, may appeal to
the Governor-General in Council from an order passed by an authority
subordinate to the authority to the Governor-General in council. (4)
A member of
a Central Service appointed by an authority subordinate to the Governor-General
in Council may appeal to such authority from an order passed by an authority
subordinate to it, and to the Governor-General in Council from an original
order passed by the authority which appointed him. (5)
A member of
a Provincial Service, or a member of a Specialist Service under the
administrative control of the Local Government of a Governor's Province, may
appeal to the Governor from an order passed by the Local Government: Provided that any such person who was appointed by the Secretary of
State in Council shall be entitled as an alternative to the appeal to the
Governor to appeal to the Governor-General in Council, and if, his pay as
defined in the Fundamental Rules is not less than Rs. 500 per mensem,
thereafter to the Secretary of State in Council: Provided also that any Deputy Collector to whom the provisions of
Section 25 of Bengal Regulation IX of 1833 apply shall be entitled as an
alternative to the appeal to the Governor to appeal to the Governor-General, in
Council: Provided also that any officer holding the King's Commission on the
active list of the Regular Army, the Royal Air Force, or the Royal Indian Navy
may appeal to the Governor-General in Council, and thereafter to the Secretary
of State in. Council. (1)
Every member
of a service other than a subordinate service shall be entitled to appeal to
the authority hereinafter specified against any order passed by an authority
subordinate to the said authority which-- (a)
alters to
his disadvantage his conditions of service, pay, allowances or pension as
regulated in rules or in a contract of service; or (b)
interprets
to his disadvantage the provisions of any rules or contract of service whereby
his conditions of service, pay, allowances or pension are regulated. (2)
The
authority hereinbefore referred to shall be the authority which made the rule
to which the order under appeal relates, or in the case of an appeal relating
to a contract of service the authority which appointed the appellant: Provided that where the rule of the appointment was made by the Local
Government of a Governor's Province the appeal shall lie to the Governor. (3)
Every person
appointed by the Secretary of State in Council shall be entitled to appeal to
the Secretary of State in Council against an order of any subordinate authority
terminating his employment or giving noticed such termination otherwise than on
his reaching the age of superannuation. In the case of an appeal against an order imposing any penalty specified
in rule 49, the appellate authority shall consider-- (a)
whether the
facts on which the order based have been established; (b)
whether the
facts established afford sufficient ground for taking action; and (c)
whether the
penalty is excessive, adequate or inadequate; and after such consideration
shall pass such order as it thinks proper. In the case of an appeal against an order under rule 58, the appellate
authority shall pass such order as appears to it just and equitable, having regard
to all the circumstances of the case. An authority from whose order an appeal is preferred under these rules
shall give effect to any order made by the appellate authority. Every person preferring an appeal shall do so separately and in his own
name. Every appeal preferred under these rules shall contain all material
statements and arguments relied on by the appellant, shall contain no
disrespectful or improper language, and shall be complete in itself. Every such
appeal shall be submitted through the head of the office to which the appellant
belongs or belonged and through the authority from whose order the appeal is
preferred. An appeal may be withheld by an authority not lower than the authority
from whose orders it is preferred if-- (1)
it is an
appeal in a case in which under these rules no appeal lies, or (2)
it does not
comply with the provisions of rule 63, or (3)
it is not
preferred within six months after the date on which the appellant was informed
of the order appealed against, and no reasonable cause is shown for the delay,
or (4)
it is
repetition of a previous appeal and is made to the same appellate authority by
which such appeal has been decided, and no new facts or circumstances are
adduced which accord ground for a re-consideration of the case, (5)
it is
addressed to an authority to which no appeal lies under these rules: Provided that in every case in which an appeal is withheld the appellant
shall be informed of the fact and the reason for it: Provided also that an appeal withheld on account only of failure to
comply with the provisions of rule 63 may be resubmitted at any time within one
month of the date on which the appellant has been informed of the withholding
of the appeal, and, if resubmitted in a form which complies with those
provisions, shall not be withheld. No appeal shall be against the withholding of an appeal by a competent
authority. (1)
Every appeal
from a person serving under a Local Government to the Governor-General in
Council or the Secretary of State in Council which is not withheld under these
rules shall be forwarded by the Local Government to the Governor-General in
Council with an expression of opinion. Every appeal to the Secretary of State
in Council which is revived by the Governor-General in Council from a Local
Government or from the head of a department under the Governor-General in
Council and which is not similarly withheld shall be transmitted by the
Governor-General in Council with an expression of his opinion. (2)
Save as
provided in sub-rule (1) every appeal which is not withheld under these rules
shall be forwarded to the appellate authority by the authority from whose order
the appeal is preferred with an expression of opinion. (1)
The Local
Government shall forward quarterly to the Governor-General in Council a list of
appeals to the Governor-General in Council or the Secretary of State in Council
which have been withheld by the Local Government together with the reasons for
withholding the same. The Governor-General in Council shall in the same manner
forward quarterly to the Secretary of State a list of appeals to the Secretary
of State in Council which have been withheld by a Local Government or by the
Governor-General in Council. (2)
Save as
provided in sub-rule (1), a list of appeals withheld under rule 64, with the
reasons for withholding them, shall be forwarded quarterly by the withholding
authority to the appellate authority. An appellate authority may call for any appeal admissible under these
rules which has been withheld by a subordinate authority and may pass such
orders thereon as it considers fit. Nothing in these rules shall operate to deprive any person of any right
of appeal, which he would have had these rules had not been made, in respect of
any order passed before they came into force. An appeal pending at the time
when, or preferred after, these rules came into force shall be deemed to be an
appeal under these rules, and rules 56 or 60 (as the case may be) and 61 shall
apply as if the appeals were against an order appealable under these rules. SCHEDULE I ALL INDIA
SERVICES (See Rule
15) (1)
Indian Civil Service. (2)
Indian Police Service. (3)
Indian Agricultural Service. (4)
Indian Educational Service. (5)
Indian Forest Service. (6)
Indian Forest Engineering Service. (7)
Indian Medical Service (Civil). (8)
Indian Service of Engineer. (9)
Indian Veterinary Service. (10)
Indian General Service. SCHEDULE II CENTRAL SERVICES CLASS I (See Rule 16) (1)
Indian Audit
and Accounts Service. (2)
Central Engineering
Service (Class I). (3)
Imperial
Customs Service. (4)
Superior
Telegraph Engineering and Wireless Branches of the Indian Posts and Telegraph
Department. (5)
Indian Posts
and Telegraph Traffic Service (Class I). (6)
Geological
Survey of India (Class I). (7)
Indian
Meteorological Service (Class I). (8)
Mines
Department (Class I). (9)
Archaeological
Department. (10)
Zoological
Survey of India. (11)
Survey of
India (Class I) (12)
Indian
Ecclesiastical Establishment. (13)
Political
Department of the Government of India. (14)
Medical Research
Department (excluding Indian Medical Services Officers). (15)
Opium
Departments (excluding officers who joined the Department after the 2nd April,
1907). (16)
Bengal Pilot
Service. (17)
Income-tax
Service (Class I). (18)
The
Mercantile Marine Training Ship Service (Class I). (19)
Imperial
Secretariat Service (Class I). (19A) Central Revenue Chemical Service (Class I). (19B) Railway Inspectorate Service. (20)
General
Central Service (Class I).CIVIL
SERVICES (CLASSIFICATION, CONTROL AND APPEAL) RULES, 1930
PREAMBLE