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GOVERNMENT OF HARYANA FINANCE DEPARTMENT THE HARYANA CIVIL SERVICES RULES PART I - General 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.

Dated :

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

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 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 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) 1.2. They shall come into force on the date of their publication in the Except as otherwise provided in rule 1.4 infra or in any other rule(s), these official gazettee. 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 contains rules relating to travelling - contains rules contains rules relating to pay and allowances, joining time and other general conditions of service relating to various

5 (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 -

6 (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 months 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. 1.6. If any doubt arises as to whether these rules apply to any person or not, the Nothing in these rules shall operate to deprive any person of any right or decision shall lie with the Finance Department. 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 employees claim (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 shall be regulated : -

7 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.

8 CHAPTER II- Definitions 2.1. 2.2. Unless there be something repugnant in the subject or context, the terms Accountant General means the head of office of Accountant General defined in this chapter are used in these rules in the sense here explained. (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 Haryana Financial Rules, Volume 1. of

9 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. 2.9. Cadre means the strength of a service or a part of service sanctioned as a Compensatory Allowance means an allowance granted to meet personal separate unit. 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);

10 (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.

11 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 employees 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 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. recognized as

12 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

13 (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.

14 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 25th January to 31st January February to April 1st May to 13th May 0 0 0 0 0 3 0 3 7 0 13 20 M D

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 16th November 0 M 0 D 15

15 to 30th November December and January 1st February to 21st February 0 Total 0 2 3 36* 06 0 0 21 0 2 0

* 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.

16 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

17 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.

18 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.

19 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) 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. Timescale pay means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a

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 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. in the relevant orders of

22 (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.

23 (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

24 (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 exsoldiers, 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 GroupD 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 (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 at any time when so directed by the Government by general or special order.

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) 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. 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

28 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 employees 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 fiftyeight 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) Candidates 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, parkinsons 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: Fathers age if living and state of health Fathers 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 Number of sisters dead, their ages at death and cause of death

Mothers age, if living and state of health

Mothers age at death and cause of death

Number of sisters living, their ages and state of health

37 9. Please state whether you have deposited the Medical Examination Fee in the Government Treasury under head 0210Medical 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. Candidates 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 employees 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 reemployment 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 timescale 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 timescale 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 prerevised 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 timescale 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 employees 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.1560039100+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 RuleIn 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.

61 (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.

63 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 recipients 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

64 (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 holders 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.

66

CHAPTER V Deputation out of India (on duty and training) Section 1 On duty 5.1. 5.2. (1) No deputation of a Government employee out of India shall be When a Government employee is with proper sanction, temporarily

sanctioned without the previous approval of the competent authority. 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. 4. Only the cost of return tickets is allowed when such can be taken. (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 incharge, 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 these terms. appended to 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.-----------------------

82 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 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. removed from service cease from the date of such dismissal or removal.

84 (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.

85 (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

86 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

87 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.

88

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 employees 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

89 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 (1) Compulsory deductions: (i) (ii) (iii) (iv) Income tax; Profession tax House rent, water charges, electricity charges and other charges relating to the occupation of residence; Recovery of loans and advances taken from the Government at such rates as the Head of Department may deem fit to fix; (v) (i) (ii) (i) (ii) (iii) Group Insurance Scheme ; (2) Optional deductions: Subscription and any refund of advances taken from the General Provident Fund; Any other type of recovery. Recovery of loss to Government; Recoveries of over payment. Attachment orders from court of law. employee under suspension shall be made as under: -

(3) Deductions not to be made :

90 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:-

91 (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 quasipermanent 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 A Government employee on transfer during a vacation may be transferred from one post to another in the same office establishment. 7.3. (a) 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: -

92

S.No.

Distance between the old headquarters and the new headquarters 1

Joining time admissible inclusive of preparation days 2 08 days 10 days 12 days 15 days

1 2 3 4

Upto 500 kms. 5011000 Kms. 1,0012000 Kms. 2,001 Kms. and above.

(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

93 change of residence from one station to another. A holiday counts as a day for the purpose of this rule. 7.7. 7.8. When holiday(s) follows joining time, the normal joining time may be Despite the route a Government employee actually travels, his joining time deemed to have been extended to cover such holiday(s). 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.

94 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,

95 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 allIndia 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

96 steamer, fallen sick on the journey, delayed on account of blockade of roads/railway track/ landslide/snowfall/strike/riots etc.

97

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 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 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 wholly or are transferred to foreign service.

98 (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) 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. While a Government employee is in foreign service, contribution towards the cost of his pension shall be paid to Government revenues on his

100 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.

101 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.

102 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 leavecontribution 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.

103 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.

104

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

105 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

106 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.

107 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 .

108

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 7% 6% 5% 4% 7% 6% 6% 4% 8% 7% 6% 5% 8% 7% 7% 5% 9% 8% 7% 5% 10% 8% 7% 6% 10% 9% 8% 6% 11% 9% 8% 6% 11% 10% 9% 7% 12% 10% 9% 7% 12% 11% 10% 7% 13% 11% 10% 8% 14% 12% 10% 8% 14% 12% 11% 8% 15% 13% 11% 9% 15% 13% 12% 9% 16% 14% 12% 9% 16% 14% 13% 10% 17% 15% 13% 10% 17% 15% 13% 10% 18% 16% 14% 11% 19% 16% 14% 11% 19% 17% 15% 11% 20% 17% 15% 12% 20% 17% 16% 12% 21% 18% 16% 12% 21% 18% 16% 13% 22% 19% 17% 13% 23% 19% 17% 135 23% 20% 18% 13% 23% 20% 18% 14%

0-1 Year 1-2 Years 2-3 Years 3-4 Years 4-5 Years 5-6 Years 6-7 Years 7-8 Years 8-9 Years 9-10 Years 10-11 Years 11-12 Years 12-13 Years 13-14 Years 14-15 Years 15-16 Years 16-17 Years 17-28 Years 18-19 Years 19-20 Years 20-21 Years 21-22 Years 22-23 Years 23-24 Years 24-25 Years 25-26 Years 26-27 Years 27-28 Years 28-29 Years 29-30 Years Over 30 years

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

110 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.

111 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.

112 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 employees 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.

113 (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.

114 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 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. 10. Columns 1,3 and 4 will be posted after receipt of an intimation from the foreign employer about Column 2 will be filled after the reversion of the Government employee from foreign service. the Government employee having reported for duty on foreign service. obtained in the presence of the head of office or authorised officer.

115 11. Entry in column 4 will be brief, i.e., foreign employer or government employee, as may be 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. 16. Pay. 17. 18. Column 7 concerning an entry will be posted at the time of making the next entry. In the case Before putting his signatures in column 8, the attesting officer will ensure that there is no unof leave , this column will also indicate nature of leave. 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. Column 4 in respect of second and subsequent entries need be filled only if there is a change Columns 5 and 6 will show different components of pay separately, thus 16190 Band Pay + in the post, scale of pay/pay structure , office or station. 4600 Grade Pay + 100 special pay + Rs. 100 Personal Pay in PB 2, Rs. 9300-34800 + 4600 Grade

appropriate.

116 22. Abstract of service rendered by--------------------------------------------(name) ,during the years 20----------------(designation and office)--------------------. Period qualifying as service for the purposes of pension/D.C.R.G. From To (Date) Period (Date) 1 2 3 Period, if any, not qualifying as service, and reasons therefor From To (Date) Period Reasons (Date) 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

117 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

118 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

119 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.

120 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 Commissioners (Group-B) Service (23) Haryana Finance Department Treasuries (Group-B) Service (24) Haryana Finance Treasuries And Accounts Department (Group B) Service (25) Haryana Financial Commissioners 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)

121 (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 (GroupB) Service (37) Haryana Health Department Media Extension (Group-B) Service (38) Haryana Health Department Non-Medical Gazetted Officers Transport (GroupB) 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. Sr Number Nature of Power No of rule . 1 1. 2 2.12 (a) (1) Authority to which the power is delegated 3 4 Power to sanction the Departments absence of a Government of employee on duty beyond his Government sphere of duty i.e. journey beyond jurisdiction Heads of Departments Heads of Offices Power to sanction compulsory Departments waiting period as duty. of Extent of power delegated

5 Full powers

Full powers upto 60 days Full powers upto 10 days within the state Upto 42 days

2.

2.12 (b) (6)

124 Government Heads of Departments Power to sanction period of Departments enforced halt as duty. of Government Heads of Departments Power to permit a Heads of Government employee to Departments appear for in-service optional examination Upto 30 days Full powers

3.

2.12 (b) (7)

Upto 30 days Full powers

4.

2.16 (b) (9)

5.

2.23

6.

2.24 (b)

To appoint an authority to Departments Full powers. A copy of the orders exercise the powers of a of should be simultaneously Head of Office. Governments endorsed to the Finance Department Power to declare a Departments Full powers Government employees of headquarters Government Head of Departments 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 Full powers

Heads of offices 7. 2.35 Power to appoint a Government employee to officiate in a vacant post. Department of Government Heads of Departments

Full powers in case of nongazetted Government employees and upto four months in case of Group B Officers Full powers in case of Government employees to whom they can appoint Full powers

Heads of offices 8. 2.45. Powers to define the limits of Departments a Government employees of sphere of duty Government Heads of Departments

Full powers in case of all Government employees of Group B, C and D and also

125 Group A Officers upto district level. Heads of offices 9. 3.14 Power to transfer a lien. Departments of Government Heads of Departments Departments of Government Heads of Departments 11 3.22 (a) Powers to retain in exceptional circumstances a non-gazetted Government employee in service after the age of 58. Power to issue a declaration as to the relative degree of responsibility attaching to two posts in case of doubt. Departments of Government Departments of Government and Heads of Departments s (i)Authorities specified in the service rules Full powers in case of those Government employees whom they can appoint Full powers

10 .

3.18 and 3.19

Power to relax the provisions of rule 3.18 and 3.19.

Full powers in respect of Group C and D Government employees Full powers

Full powers in case of all Government employees of Group B, C and D and also Group A Officers upto district level Full powers subject to a maximum of two years

12

Note 6 below rule 4.3

13

4.7

Powers to withhold increment(s)

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. To the extent specified in the Service Rules.

14 15

4.8 4.10

(ii)Appointing Authorities in cases where no service rules have been issued Power to sanction the Heads of crossing of efficiency bar. Departments Power to grant premature Departments increments to a Government of employee in a time-scale of Government pay in order to fix initial pay in

Full powers

Full powers 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. Full powers

16

4.17

Power to reduce the pay of officiating Government employees.

Heads of Departments

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

18

4.22

19

7.8

20

7.15 (a)

Full powers in respect of nongazetted Government employees and Group B Officers Power to fix the initial pay of a Departments Full powers subject to the limits Government employee of and principles laid down in rule appointed to hold temporarily Government. 4.22. or to officiate in more than one post. Heads of Full powers up to Group B Departments Officers. Power to permit the Heads of Full powers. calculation of joining time by a Departments route other than that which travellers habitually use. Power to grant extension of Departments Full powers joining time. of Government Heads of Departments Departments of Government Heads of Departments Upto 30 days 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 Full powers

21

8.2 (b) and 8.8

Power to transfer a Government employee to foreign service; and power to allow pay in foreign service

22

Rule 8.18. Rule 10.4

23

Power to decide the date of reversion of a Government employee returning after leave from foreign service. Creation or abolition of permanent/temporary posts.

Heads of Departments

Departments Full powers of Government with concurrence of Finance Department

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 .. and the amount shall not be varied during the remuneration of Rs. 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. 3. Fathers name ( in block letters) Mothers name ( in block letters)

4. Husbands/Wifes 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 1. 2 Medical examination 3 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 4. Oath of Secrecy He/she has taken the oath of allegiance/ affirmation to the Constitution,--vide Sr. No. ---of Volume II of service book. 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. Volume II of the Service Book. 6 Dowry in marriage 7. Declaration of Home Town He/she has furnished declaration regarding his/her not demanding/giving/taking any dowry in the marriage. He/she has furnished the declaration of home town which has been accepted and filed at Sr. No. ------The relevant declaration has been filed at Sr. No. --- of 4

134 of Volume II of the service book. 8. Verification of entries in part I The correctness of the entries against Sr. No. 58 of Part IBio-data has been verified from original certificates considered as valid documentary Attested evidence for the respective purposes. 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 12 .D.C.R.G. and Family Pension He/she has furnished details of the family members which have been filed at Sr. No. --- of Volume II of the service book. 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.

copies of these certificates have been filed at Sr.

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 serviceFrom To Post held Purposes for which it qualifies 1 2 3 4 Signature and designation of certifying officer 5

(b) Periods of Foreign service From To Post held and name of foreign employer Leave and pension contribution payable by Amount leave pension contribution actually received 1 2 3 4 5 of and

IV. History and Verification of Service Period Serial No From To Name of office Post held Signature and designation of attesting officer (with date 1 2 3 4 5 6 7 8 Signature Remarks of the Govt. employee

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 From (Date) 1 2 3 To (Date) Period Period, if any, not qualifying as service, and reasons therefor From (Date) 4 5 6 7 To (Date) Period Reasons

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

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

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 redrafting 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.

Dated :

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

Rule 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Short title and commencement Extent of application Definitions

CONTENTS Chapter- I Preliminary

Page No.

Chapter-II General Conditions Leave earned by duty Right to leave Regulation of claim to leave Commutation of one kind of leave into another Maximum amount of continuous leave Acceptance of Employment during Leave Effect of dismissal, removal, resignation, retirement on leave at credit Combination of different kinds of leave Vacation Department Chapter- III Grant and return from leave Application for Leave Leave Accounts Verification of title to leave Leave not to be granted in certain circumstances Grant of leave on Medical Certificate and Medical Certificate Performa Leave to Government employee who is unlikely to be fit to Government service Commencement and Expiry of Leave Combination of Holidays with Leave Recalled to duty before expiry of leave Return from leave before expiry of Leave Absence after expiry of Leave Chapter - IV Kinds of Leave due and admissible Earned leave to Government employees Half Pay Leave to Government Employees Extraordinary Leave Grant of Extraordinary Leave on any one occasion Terminal Leave Leave to Probationers Leave beyond the date of compulsory retirement

5 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Leave preparatory to retirement Leave Salary Advance of Leave Salary Authorities competent to grant leave Chapter- V Special Kind of Leave other than study leave Maternity Leave Child Adoption Leave Paternity Leave Child Care Leave to female Government employees Hospital Leave Disability Leave Special disability leave for accidental injury Chapter VI Study Leave Conditions for grant of study leave Maximum amount of study leave Application for study leave Sanction of study leave Combination of study leave with leave of other kinds Regulation of study leave extending beyond course of study Grant of study allowance Period for which study allowance be granted Rates of study allowance Conditions governing grant of study allowance Grant of study allowance to Government employees in receipt of scholarship or stipend Grant of study allowance during part time employment while on study leave Allowances in addition to study allowance Grant of travelling allowance Cost of fees for study Execution of bond Resignation and retirement Leave salary during study leave Counting of study leave for promotion, pension, seniority, leave and increments Not debiting of study leave to the leave account Chapter VII Leave to other categories of employees Leave to Government employees re-employed after retirement Leave to Advocate General Leave to Government employees appointed on adhoc basis Leave to Government employees appointed on contract Chapter VIII Casual, Special and Quarantine leave Casual leave Sanctioning authority Scale How casual leave calculated

6 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 Accounting of casual leave Length of leave and combination of leave Absence from headquarters Treating of casual leave Special casual leave Special casual leave to male Government employees under Family Welfare Programme Special casual leave to female Government employees under Family Welfare Programme Special casual leave in lieu of unavailed joining time Special casual leave for donating blood Special casual leave for injury during terrorist activities Compensatory leave Quarantine leave CHAPTER IX Miscellaneous Relaxation of the provisions of the rules Interpretation Delegation of powers Repeal

7 The Haryana Civil Services Rules, Part II - Leave Rules, 2012 Chapter - I Preliminary 1. (2) (3) 2. Short Title and Commencement (1) These rules may be called the Haryana Civil They shall come into force on the date of their publication in the official Gazette. These rules have been issued by the Governor of Haryana under proviso to Article 309 of the Constitution of India. 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) (ii) leave includes earned leave, half pay leave, commuted leave, leave not due and extra-ordinary leave; 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;

Services Rules, Part II Leave Rules, 2012.

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 years 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. 5. Leave earned by Duty Right to Leave 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. (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. 7. (1) Regulation of claim to Leave A Government employees claim to leave is regulated by Commutation of one kind of Leave into another At the written request of a Government employee, the authority which granted leave to the rules in force at the time the leave is applied for and granted.

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.

10 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.

11 (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 leave 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.

12 (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 Honble 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.

13 Chapter III - Grant and Return from Leave 13. (1) Application for Leave 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 (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 Leave 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 Circumstances 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 :Leave shall not be granted to a Government employee whom a competent authority has decided to dismiss, remove or LR No. 2

14

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 Medical Authority Signature of 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

15 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-

16 (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

17 (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 rearrangement 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 rearrangement 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 rearrangement 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

20 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 in the presence of medical authority

Signature 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.

21 Chapter IV Kinds of Leave due and admissible 24. (1) Earned Leave to Government employees of other than vacation department (i) The earned leave admissible to a Government employee other than vacation department is (a) 1.25 days per months period spent on duty, during the first 10 years of his service; (b) 1.75 days per months period spent on duty during the next 10 years of his service; and (c) 2.50 days per months 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 Governments 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 department (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 : service : (iii) to a Government employee with over 20 years service: 15 days 21 days 30 days (ii) to a Government employee with more than ten years service but not exceeding 20 years

(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).

22 (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.

24 27. Grant of Extraordinary Leave on any one occasion 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 months 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

25 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 quasipermanent 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.

26 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 semiGovernment organizations on terms which include the payment of 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. leave salary contribution, the grant of leave on termination of the employment under Government will in such

27 (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 months 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:-

28 (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 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:case after the age of compulsory

29 (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.

30 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 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. leave in sufficient time and it refusal are necessary merely to ensure this

31 (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 30 Number of days of unutilized earned leave at credit on the date of retirement subject to max. of 300 days.

admissible on the date of retirement/death X

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.

32 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 SalaryA 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 months 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 LeaveAnnexure 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.

34 CHAPTER - V Special Kinds of Leave other than Study Leave 35. (1) Maternity LeaveThe 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 mothers personal attention and her presence by the babys 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.

35 (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) (3) (4) (5) During such period of 15 days, he shall be paid leave salary equal to pay drawn The Paternity Leave may be combined with leave of any other kind. The Paternity Leave shall not be debited against the leave account. If Paternity Leave is not availed of within the period specified in sub-rule (1), such leave immediately before proceeding on leave.

shall be treated as lapsed. Note.- The Paternity Leave shall not normally be refused under any circumstances.

36 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) (4) (5) (6) The leave salary equal to the pay drawn immediately before proceeding on leave shall The CCL shall be considered as regular leave like Earned Leave, Half Pay Leave etc. The CCL can be availed in more spell. CCL may also be allowed to a female Government employee for the third year as Leave be paid during the CCL and it shall not be debited to the leave account. and all Gazetted holidays etc. falling during the period of leave shall be counted for CCL.

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) (8) The CCL shall not be admissible for the third or next child irrespective of their age. 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-

37 (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 workmens 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

38 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 employees 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 Workmens 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 Employees 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.

39 Note 1.- The intention of this clause is not that special disability leave should be given to cover any portion of a Government employees military service, but that it should be admissible only after the Government employees discharge as unfit for further military service. 41. Special Disability Leave for Accidental InjuryThe 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) (ii) That the disability, if due to disease, must be certified by the Medical Authority to be directly due to performance of the particular duty; 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.

40 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-

41 (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

42 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 AllowanceA 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 CountryAustraliaContinent of EuropeNew ZealandUnited KingdomUnited States of AmericaStudy Allowance per diem 1.00 (Sterling) 1.65 (Sterling) 1.20 (Sterling) 2.00 (Sterling) 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.

43 (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

44 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

45 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 AllowanceThe 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 StudyA 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

46 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 leave on half pay and not to be debited to leave account. Study leave shall be treated as extra

47

CHAPTER- VII Leave to other Categories of Employees 62. Leave to Government employee re-employed after Retirement (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 Generalas under :(a) Leave, on pay equivalent to full remuneration may be sanctioned @ 2.5 days per months period spent on duty as Advocate-General. (b) Leave on medical certificate on half of the remuneration may be granted @ 1.75 days per months 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 months leave, except on medical certificate in any one year. 64. Leave to Government employees Appointed on Adhoc basis the following regular leave :1 2 3 Earned Leave will be admissible @ 1.25 days per months period spent on duty of the duty period. Maternity leave to female Government employees will be admissible for a period of six months. No half pay leave or any other kind of leave will be admissible to them. Government employees appointed on adhoc basis or for a limited period exceeding six months are entitled to The leave of the Advocate-General will be admissible

48 4 Extra ordinary leave will be granted on medical certificate for a period not exceeding one month. 65. Leave to Government employee Appointed on Contract (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 months 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 employees contract unless or until it has been decided to retain him in permanent employment.

49 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 suboffice under the Head of OfficeUp 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(iii) To employees with over 20 years service20 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 2. If service is joined between 30th June and 30th September 3. If service is joined after 30 September 4. All female Government employees will be entitled to double the casual leave mentioned above in the calendar year subject to maximum (d) Adhoc Government employees may be granted casual leave as under:(i) period of adhoc appointment up to 1 month Nil 1 day 2 days 3 days 4 days 20 days.
th

10 days 20 days

(ii) To employees with more than 10 years service but less than 20 years service- 15 days (b) Casual leave to female Government employees during a calendar year will be admissible for

10 days 5 days 2 days

(ii) period of adhoc appointment up to 2 months (iii) period of adhoc appointment up to 3 months (iv) period of adhoc appointment up to 4 months (v) period of adhoc appointment up to 5 months

50 (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. his 10 How Calculated- The calendar year in which a male Government employee completes
th

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 Up to 4 hours absence 71. 1/3rd of leave of leave

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

51 72. Absence from HeadquartersNo Government employee shall leave his headquarters,

during casual leave or gazetted holidays except with the permission of leave sanctioning authority. 73. 74. Treating of casual leaveSpecial Casual LeaveCasual leave is to be treated as duty (on full pay) and can Special casual leave is not a recognized form of leave and a not be sanctioned on half pay or without pay. 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.

52 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 BloodTwo 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) (ii) (iii) 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 LeaveThis leave is treated as holiday and can be prefixed or affixed that the employee concerned shall produce a certificate from the competent civil that leave shall be sanctioned only on the recommendation of the Medical that the authority to grant leave shall be the same as is in the case of earned authority that he was injured in terrorist action. authority not below the rank of Senior Medical Officer.

to any leave. It is granted to non-gazetted Government employee who has to perform duty on a holiday. 81. Quarantine LeaveQuarantine 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 The Leave Rules contained in Chapter VIII of Punjab Civil Services Rules, authority under the Leave Rules are given in Annexure 1 at the end of these rules. 85. Repeal 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. Nature of power with No. rules 1. 1. Authority competent to whom power is delegated 2. 3. Powers to grant leave Departments of to a Government Government employee who is unlikely to be fit to Heads of Departments Government service Rule 18 Power to direct in any Heads of Departments case otherwise than as laid down in rule 20 (2 & 3) for combination of holidays with leave Powers to decide in Heads of Departments 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) Power to extend leave Departments of overstayed Rule 23 Government Heads of Departments Heads of Offices 5. Power to decide in Departments of case of doubt whether Government a particular Government employee is serving in a Vacation Department - Rule 12 Earned Leave - Rule Heads of Offices 24 and Child Care Leave Rule 38 Extent of power delegated 4. Full powers Full powers in respect of nongazetted Government employees and Group B Officers Full powers

2.

3.

Full powers

4.

Full powers Upto 30 days in respect of A and B Gazetted Officers Upto 30 days in respect of C and D employees Full powers

6.

(i) Full Powers in respect of Group C and D employees (ii) Upto 60 days in respect of Group A and B employees

Heads of Departments

(i) Full Powers in respect of Group C & D employees

57 (ii) Upto 120 days in respect of Group A and B employee Department of Governments 7. Commuted Leave rule 25(c) (i) On Medical Certificate (ii) for prosecuting an approved course of study Leave Not Due rule 25 (d) Extraordinary LeaveRule 26 Heads of Offices Heads of Departments Departments of Government Heads of Departments Heads of Offices Heads of Departments Departments of Government Heads of Departments Heads of Departments Heads of Offices Finance Department Finance Department Heads of Offices Full powers upto 180 days in India and upto 360 days out of India (i) Full Powers in respect of Group C and D employees (ii) Full Powers Full Powers with the concurrence of Finance Department Full Powers Upto 30 days in respect of Group C & D employees Upto six months Upto two years Full powers Full powers for Group A and B Officers Group C and D employees Full powers Full powers Full powers

8. 9.

10. 11.

Terminal Leave Rule 28 Leave Preparatory to Retirement Rule 30 Special Disability Leave Rule 40 & 41 Study Leave Rule 42 Maternity Leave Rule 35, Child Adoption Leave Rule 36, Paternity Leave Rule 37 Hospital Leave Rule 39

12. 13. 14.

15.

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 redelegate 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 (Rupeesonly) 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-------------------------------. 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. AND WHEREAS for the better protection of the Government the Obligor has agreed to execute this Bond with such condition

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 2 3 4 5 6 7 8 Name of applicant Post held Department (i) Office (i) Branch Nature of leave Rule applicable Period of leave applied for Sundays and holidays, if any , proposed to be :(i) prefixed (ii) affixed 9 10 Ground on which leave is applied for 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 Duty From To No. of months spent on duty 3 Leaved earned in days Leave at credit (in days columns 9+4) 5 Leave taken From To No. of days Balance on return from leave (Col. 58) 9 Half Pay Leave on Private Affairs and on Medical Certificate Length of service From To No. of completed years of service 12 Credit of leave Leave earned (in days) 13 Leave at credit (Column 26+13) 14

10

11

Leave on private affairs or on medical certificate From 15 To 16 No. of days 17

Leave Taken Commuted leave Commuted on medical on leave full pay (limited converted to 240 days in into half-pay entire service) leave (twice of column From To No. 20) of days 18 19 20 21

Remarks Leave not due on medical certificate limited to 360 days in entire service From 22 To 23 No. of days 24 25 Total half pay leave taken (Cols. 17+21+24) Balance on return from leave Column (14-25) 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 From 1 To 2 Balance of Child Care Leave Balance 3 Date 4 5 Signature of Head of Office

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 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 contains rules relating to

(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 respectively. Sanjeev Kaushal Financial Commissioner & Principal Secretary to Government, Haryana, Finance Department. to VI and to the Chief Secretary, General Administration Department for Part VII and VIII

Dated :

The Haryana Civil Services Rules Part III Pension Rules Chapter I Preliminary Section - I 1.1. Short title and commencement: (a) (b) (c) These rules may be called the Haryana Civil Services Rules, Part III These rules have been issued by the Governor of Haryana under They shall come into force on the date of their publication in the official Pension Rules, 2012. proviso to Article 309 of the Constitution of India. 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 Future good conduct shall be an implied condition of every grant

conditions contained in rules 5.1 to 5.9 of these rules. 2.2. (a) 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 subrule (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) (i) (ii) (b) A claim against the Government employee may become known and the question of making recovery may arise when the calculation of pension is being made and before the pension after the pension has been sanctioned. The claim and the recovery may be one or other of the following is actually sanctioned; or

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) (c) Recovery of non-Government dues. 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 deathcum 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 reemployment 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 employment,(i) shall not be instituted save with the sanction of the Government; before retirement or during re-

10 (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 an procedure applicable to departmental proceedings in which 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 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 without delay such proceedings should intimate the fact to the Accountant General. during his re-

employment, shall be instituted in respect of an event as is mentioned in

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.

11 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 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 good with it the legitimate inference that the Poverty is not an essential Government employee service has been dishonest there can seldom be any case for a compassionate allowance. 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) shall not exceed two-thirds of the pension which would have been admissible

12 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 commuters family. Note 3.- In cases where it is proposed to grant a Government employee dismissed or removed from service, a compassionate allowance, sanctioning the 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 2.6. (a) (b) compassionate allowance is calculated. Section III Limitations A Government employee cannot earn two pensions in the same post at the same time, or by the same continuous service. 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 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. employee does not qualify till he has completed eighteen years of age.

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 Haryana (b) The the previous Government Government employee in will have to alongwith post be refunded by him to interest under with annual lumpsum,

compounding at the rate applicable to General Provident Fund. who while holding a 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 treated as interrupted or continuous under Haryana Government shall be

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) for Resignation from the public service or dismissal or removal from it 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 entail forfeiture of past service. wilful absence from duty and unauthorized absence without leave will as hitherto 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) (i) (ii) (iii) The service paid from contingencies followed by regularization will Service paid from contingencies should have been in a job involving Service paid from contingencies should be in a type of work or job for The service should have been such for which the payment is made count as qualifying service subject to the following conditions: whole time employment and not part time for a portion of day; which regular post should have been sanctioned; 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 While bringing contingent paid employee to the regular followed by absorption in regular employment without a break. Note .establishment an entry for verification of contingent service should be made at the appropriate place in his service book, preferably before making out of contingencies verified This entry any entry regarding his regular service in the following manner:"Service from__________ to___________ paid should be signed by the Head of Office with date. (g) (i) (ii) The entire service rendered by an employee as work charged shall be such service is followed by regular employment; there is no interruption in the two or more spells of service or the reckoned towards retirement benefits provided: from acquaintance rolls and office copies of contingent bills".

interruptions fall within condonable limits; and

16 (iii) day. 3.7. 3.8. Service as an apprentice does not qualify for pension. If the post held by a Government employee is abolished within the such service is a whole time employment and not part-time or portion of

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.

17 CHAPTER IV - Reckoning of Service for Pension Section I Introductory 4.1. The conditions and limitations under which service in a post qualifies special for pension are laid down in Chapter III. The rules governing

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) 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. for which post-graduate research or in specialist qualification, or experience scientific, technological or professional fields is essential;

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 employees 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 of service. monthly Sanctions accorded in such cases are required specially to mention the amount of gratuity or bonus recoverable, the number 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 4.5. period of overstayal of leave does not count for pension. B - Periods of Training 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 training relating to jobs before they are put on regular departmental

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) national Resignation from public service, dismissal or removal from it, activities such as sabotages espionage etc. or for misconduct, age or failure to pass a prescribed be of past service and no pension shall either under proviso (c) to Article 311 (2) of the Constitution for over antiinsolvency, inefficiency not due to examination, entails forfeiture

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 of the (b) the security of under the the State, such proportionate by the Committee Civil Services (Safepension may be granted as may be recommended Advisors constituted Haryana guarding of National Security) Rules, 1971. Resignation of an appointment to take up, with proper permission, appointment, whether permanent or temporary, service in which another (c) two

counts in full or in part, is not a resignation of public service. In cases where an interruption in service is inevitable due to the 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 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 as the case may be, and the date of or compulsory retirement, 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

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) (b) (c) Authorized leave of absence; Unauthorized absence in continuation of authorized leave of absence; 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) (e) Abolition of post or loss of appointment owing to reduction of Transfer to non-qualifying service in an establishment under

establishment; 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) (ii) (iii) The interruption should have been caused by reasons beyond the Service preceding the interruption should not be less than two years The interruption should not be more than one years duration. control of the Government employee. duration.

23 CHAPTER V Different Kinds of Pensions and Conditions for Grant of Pension Section I- Classification of Pensions 5.1. (a) (b) (c) (d) Pensions are divided into four classes as under:Compensation Pensions (see Section II). Invalid Pensions (see Section III). Superannuation Pensions (see Section IV). 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) (b) of taking compensation pension to which he may be entitled for the of accepting another appointment on such pay (even on lower pay) as service he had rendered, or 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) (3) No compensation pension shall be payable for the period in respect of In case a Government employee is granted pay and allowances for the which he receives pay and allowances in lieu of notice. 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 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. 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. In the case of a Government employee on leave, the order shall not be brought into operation for another better qualified is not the abolition of a post within the meaning of

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.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. (1) Invalid pension may be granted if a Government employee retires from

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 general nervous breakdown, and commencing cataract may be 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 decay, treated

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 IGeneral 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.

28

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. 6.4. Pension shall be fixed in rupees and be paid in India. 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. 6.6. Limitations - A Government employee entitled to pension may not take A Government employee at the time of retirement, if holding or held a gratuity instead of pension. 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 months 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 15 years qualifying service or more. 6700/2 X 6700/2 X 6700/2 X 6700/2 X 56/56 50/56 40/56 31/56 Rs. 3350 2991.07 2392.86 1854.46 Rs. 2992 Rs. 2393 Rs. 1855 (But these will be given minimum pension @ Rs. 14740/2 X 56/56 Rs. 7370 30000/2 X 56/56 Rs. 15000 38290/2 X 56/56 Rs. 19145 79813/2 X 56/56 39906.50 Rs. 39907 (but limited to Rs. 39500 being maximum pension). 14740/2 X 50/56 6580.35 Rs. 6581 30000/2 X 50/56 13392.85 Rs. 13393 38290/2 X 50/56 17093.75 Rs. 17094 79813/2 X 50/56 35630.80 Rs. 35631 14740/2 X 40/56 5264.29 Rs. 5265 30000/2 X 40/56 10714.29 Rs. 10715 38290/2 X 40/56 Rs. 13675 79813/2 X 40/56 28504.64 Rs. 28505 14740/2 X 31/56 4079.82 Rs. 4080 30000/2 X 31/56 8303.57 Rs. 8304 38290/2 X 31/56 10598.13 Rs. 10599 79813/2 X 31/56 22091.10 Rs. 22092 of 25 years qualifying service or more. of 20 years qualifying service or more.

Rs. 5400+1300 =6700

3500) Rs. 11540+3200 =11470 Rs. 24600+5400 =30000 Rs. 30690+7600 =38290 Rs. 51850+12000+15963 (NPA @ 25%) =79813

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 From 80 years to less than 85 years From 85 years to less than 90 years From 90 years to less than 95 years From 95 years to less than 100 years 100 years or more Additional quantum of pension 20 percent of revised basic pension 30 percent of revised basic pension 40 percent of revised basic pension 50 percent of revised basic pension 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 times of the emoluments in case of Group A, B, C employees and 17 times of the emoluments in case of Group D employees.

32 (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 the date of death (i) Less than 1 year (ii) One year or more but less than 5 years (iii) 5 years or more but less than 24 years (iv) 24 years or more one fourth of emoluments for each half yearly qualifying service subject to a maximum of 16 times of the emoluments in case of Group A, B, C employees and 17 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, 12 times of emoluments 2 times of emoluments 6 times of emoluments Rate of death gratuity

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 For the purpose of this rule, family in relation to a Government wife, in the case of male dismissed or removed for misconduct, insolvency or inefficiency. 6.11. (1) (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) (x) (2) (3) employee, means wife including judicially separated Government employee; husband including judicially separated husband in the case of female sons including adopted sons; unmarried daughters; widowed daughters brothers below the age of 18 years and un-married and widowed father, including adoptive parents in case of individuals whose personal mother, including adoptive parents in case of individuals whose married daughters; and children of a predeceased son(s). "persons" for the purpose of this rule shall include any company or A Government employee shall, after joining regular service, make a Government employee;

sisters; law permits adoption; personal law permits adoption;

association or body of individuals, whether incorporated or not. 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) A Government employee may provide in the nomination in respect of any specified nominee, that in the the event of his upon that the right conferred

predeceasing the Government employee nomination;

nominee shall pass to such other persons as may be specified in the provided that if at the time of making the nomination 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) (6) that the nomination shall become invalid in the event of the happening The nomination made by a Government employee who has no of the contingency specified therein. 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 family, as the case may be. become invalid in the event of the employee subsequently acquiring a family, or an additional member in the (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) (10) Suitable entry regarding receipt of nomination shall be made in the Every nomination made, and every notice of cancellation given, by service book of the Government employee concerned. 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 remarries, 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 (2) (a) remain suspended till the conclusion of the criminal proceedings instituted against him. If on the conclusion of the criminal proceedings referred to in sub-rule is convicted for the murder or abetting in the murder of the (1), the person concerned: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) (3) is acquitted of the charge of murdering or abetting in the murder of The provisions of sub-rules (1) and (2) shall also apply to the gratuity admissible under rule 6.10, if a Government the Government employee, his share or gratuity shall be payable to him. undisbursed

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) (b) 1964. 6.16. In these rules to a Government employee entered service in a pensionable to a Government employee who was in service on the 30th June, 1964 establishment on or after 1st July, 1964 but before 31st December,2005; and and came to be governed by the provisions of the Family Pension Scheme,

38 (a) (i) (ii) years. (b) Family for the purpose of family pension, w.e.f. 1st January, 2006, continuous service means service rendered in a pensionable period of suspension treated as non-duty, if any ; and period of service, if any, rendered before attaining the age of eighteen

establishment and does not include -

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) dies (a) (b) after completion of one year of continuous service; or before completion of one year of continuous service provided the The family pension is admissible where a Government employee

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) (2) after retirement from service and was on the date of death in receipt of The amount of family pension shall be fixed at monthly rates and be a compensation, invalid, retiring or superannuation pension. 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) (9) (9) Where an award under the Extraordinary Pension Rules, is admissible, The family in receipt of compassionate financial assistance under rule The commutation of Pension has no effect on the quantum of family no family pension under these rules shall be authorized. 6.21 no family pension under these rules shall be authorized. 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 employees 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) (c) medical certificates in which percentage of disability is given issued by impairment of above forty per cent of any kind will be entitled for the Board after examination of the candidates will be valid for three years. 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) (ix) (x) a daughter shall become ineligible for family pension under this subthe family pension payable to such a son or daughter shall be stopped in such cases it shall be the duty of the guardian or son or daughter by rule from the date she gets married; if he or she starts earning his/her livelihood; 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) (xi) in case of daughter, that she has not yet married; 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) (i) If on the conclusion of the criminal proceedings referred to in clause is convicted for the murder or abetting in the murder of the government (a), the persons concerned 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) in service, The family of a deceased Government employee, who dies while 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) (b) for a period of fifteen years from the date of death of the employee, if for period of twelve years or till the date the employee would have the employee had not attained the age of thirty five years on the date of death; 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) (ii) (iii) (iv) (v) 2. (i) (ii) (iii) (iv) Name Date of Birth Date of joining (employees) Date of Death/Missing Designation & Pay Scale Name Full Address Relation with the deceased/ Missing Government employee Detailed information regarding dependents of deceased/missing Government employee Sr. No. 1 3. 4. Place: Date: Name 2 Relation 3 Age/date of Birth 4 : : Signature of the applicant 5 Occupation : Married/ Unmarried 6 : : : : : : : : :

Full information of applicant

Monthly income of family from all sources Any other information

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 Local or permanently, in Government service or in the service of a him to declare to the appointing Fund, it shall be incumbent on

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) A Government employee who has obtained a compensation pension, if to continue to draw the pension and retain the gratuity sanctioned for re-employed, may exercise option either 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) (ii) (iii) (iv) (c) the pension already drawn from the date of re-employment, the value received for the commutation of a part of pension, the amount of retirement gratuity, and the amount of leave encashment. 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 reemployed. 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 reemployment 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 reemployed 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 elective or otherwise such as that Secretary, Treasurer and 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, (i) as Adviser or Consultant in matters in respect of which a retired Government employee,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 holding of any office whether of President, Chairman, Manager,

the like by whatever name called in such a

55 outside India during his leave preparatory to retirement shall not be

required to obtain (b)

subsequent permission for his continuance in such

employment after retirement. 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. (1) (i) (ii) (2) (i) For the purposes of these rules unless there is anything repugnant in "accident" meansa sudden and unavoidable mishap, or a mishap due to an act of devotion to duty in an emergency arising "date of injury" meansin the case of accident or violence, the actual date on which the injury the subject or context:-

otherwise than by violence out of and in course of service;

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 Disablement shall be accepted as due to Government service, chapter. (4) (1) (a) (i) (ii) (b) (i) (ii) (c) provided that it is certified that it is due to wound injury or disease which is attributable to Government service, or existed before or arose during Government service and has been and Death shall be accepted as due to Government service provided it is a wound, injury or disease which was attributable to Government the aggravation by Government service of a wound, injury or disease There shall be a casual connection between

remains aggravated thereby. certified that it was due to or hastened by service, or which existed before or arose during Government service.

57 (a) (b) disablement and Government service; and 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) (i) (ii) "violence" means the act of a person who inflicts an injury on a Government employeeby assaulting or resisting him in the discharge of his duties, or in order because of anything done or attempted to be done by such to deter or prevent him from performing his duties; or Government employee or by any discharge of his duty as such; or (iii) (8) 8.3. because of his official position. family in relation to a Government employee means The family as No award shall be made except with the sanction of the competent other public employee in the lawful

defined in rule 6.16(b) of these rules. 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. (i) or (ii) (a) (b) 8.6. 8.7. death which occurred more than seven years; after the injury due to violence or accident was sustained, or after the Government employee was medically reported as unfit for All awards under these rules shall be made in India in rupees. For the purpose of these rules death or disability shall be classified as No award shall be made in respect ofan injury sustained more than five years before the date of application,

duty on account of the disease of which he died.

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) and (b) enemy action in international war or border skirmishes and warlike situations, including cases which are attributable toattack by or during action against extremist, anti-social element, etc.,

59 (i) area, (ii) kidnapping by extremists etc. The extent of disability or functional incapacity shall be 8.8. (1) extremists acts, exploding mines, etc., while on way to an operational

determined for the purposes of computing the disability element in the following manner: Percentage of disability assessed by Medical Board Less than 50 Between 50 and 75 Between 76 and 100 (2) Percentage to be reckoned for computation of disability element 50 75 100

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 employees 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:-

60 (1) (2) (i) Category A Cases covered under this category would continue to be Category B and C Disability Pension - Normal pension admissible under the ordinary

covered under the normal ordinary Pension Rules.

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) (a) (b) Family Pension 60% of pay subject to a minimum of Rs. 3,500/- p.m., 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) (i) Category D 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) (a) Family Pension 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.

61 (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) (i) Category E 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.

62 (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) (ii) A full statement of circumstances in which the disablement was The application for disability pension or for lumpsum payment for conceded, or the death occurred. 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) (3) A report of the Head of office as to whether an award is admissible Where the Government are satisfied on the evidence placed before under the rules, and if so, of what amount. 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 Service Commission should the Public be consulted on claims for the award of

63 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 (i) Pulmonary Tuberculosis (ii) Pulmonary Oedema (iii) Pulmonary Tuberculosis with Pleural effusion (iv) Tuberculosis Non-pulmonary (v) Bronchitis (vi) Pleurisy, empyema, lung abscess and bronchiectasis (vii) Lobar pneumonia (viii) Nephritis (acute and chronic) (ix) Otitis Media (x) Rheumatism acute carditis, including infectiveendocarditis (xi) Rheumatism chronic (xii) Arthritis (xiii) Myalgia (xiv) Lumbago (xv) Frost-bite leading to amputation of limb(s) (xvi) Heat Stroke (xi) Nyocarditis acute or chronic (xii) Valcular disease (vi) Tuberculosis Non-pulmonary (vii) Mitral stenosis. (viii) Pericarditis and adherent pericardium (ix) Endo-carditis (x) Sub-acute bacterialendo(iv)Pulmonary Tuberculosis (v) Pulmonary Tuberculosis with pleural effusion B. Diseases affected by stress & strain (i) Psychosis and Psychoneurosis (ii) Hyperpiesia (iii) Hypertension (BP)

65 C. Diseases affected by dietary compulsion (i) Infective hepatitis (Jaundice) D. Diseases affected by training, Marching etc. (i) Tetanus, erysipelas, septicemia and pyaemia, etc. resulting from injuries. (ii) Diseases of stomach and deodenum and round worm infections (iv) Gastritis (ii) Varicose veins deformities resulting from injuries (iv) Hernia other mental changes resulting from skull injury. (vi) Gastric ulcer (vii) Duodenal ulcer (vi) Internal derangement of knee joint (vii) Burns sustained through petrol fire, kerosene oil, etc., leading to scars and various deformities and disabilities. (viii) nutritional Disorders. E. Environmental Diseases (i) Diseases contracted in the course of official duty of attending to a venereal (ii) or septicaemic patient or conducting a post-mortem examination. Diseases contracted on account of handling poisonous chemicals and radiation equipment. (viii) Deformities of feet (iii) Worm infestations particularly Guinea worm (iii) Ankylosis and acquired

(v) Food poisoning, specially due to tinned food. (v) Post-traumatic epilepsy and

66 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 (Hodgkins disease) (vii) Leukaemia (viii) Pernicious anaemia (Addisons anaemia) (ix) Ostoitis deformana (Pagets 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

67 Appendix -1 Guidelines for Conceding Attributability of Disablement or Death to Government Service [Ref. Rule 8.2(4)] 1. 2. Rule 8.2(4) covers also cases of death after discharge/invaliding from In deciding on the issue of entitlement, all the evidence (both direct and service. 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 employees 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 mans 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 subparagraph 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.

69 (b) A disease which has led to an individuals discharge or death will ordinarily be deemed to have arisen in service if no note of it was made at the time of the individuals 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

70 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 members 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, Hodgkins 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) (4) (viii) In the case of disease due to heredity, entitlement must be determined The above refers only to late manifestations or sequela of venereal 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 ones own control. 6. (a) unforeseen effects of service medical treatment 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 (b) resulting will normally be accepted as attributable to service. 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, as in Para (2) above. disease as Neuro Syphilis or Cardio-Vascular Syphilis.

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. (a) Assessment 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) (i) The disablement properly referable to service will be assessed as under 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 nonservice 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: -

73 (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) (i) Paired organs,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.

74 (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.

76

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.

77 (2) 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) (a) (i) 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:First Stage - Verification of Service:The Head of Office shall go through the service book of the On receipt of the intimation under sub-rule (1), the Accounts Officer

(Rent) /Rent Assessing Authority shall take further action as provided in rule

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 (iv) verification. If any portion of service rendered by a Government employee is not or sub-clause (iii), the Government employee shall be asked to

capable of being verified in the manner specified in sub-clause (i), or subclause (ii) 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

78 service, admit that portion of service as having been rendered for the purpose of calculating the pension of that Government employee. (b) (i) Second Stage - Making good omission in Service Book: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 may verify the correctness of the period of twenty four months only preceding the the service book, the Head of Office emoluments, for to that date. (c) (i) Third Stage - Obtaining Form Pen-3 by the Head of Office:The Head of Office shall obtain form Pen- 3 duly completed and other

date of retirement of a Government employee, and not for any period prior

relevant documents from the Government employee eight months prior to the date of retirement of the Government employee. (2) 9.6. Action under clauses (a), (b) and (c) of sub-rule (1) shall be completed The Head of office shall complete Part- I of Form Pen- 4 six months After complying with the requirements of rules 9.5 and 9.6, the eight months prior to the date of retirement of the Government employee. prior to the date of retirement of the Government employee. 9.7. (1) 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) (ii) (iii) Form Pen 4; Form Pen- 3 (in duplicate); Service Book complete in all respect;

79 (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) (vi) (vii) (viii) (ix) (x) (xi) (xii) (xiii) (xiv) Calculation sheet of Pension, Commutation, DCRG and Family Statement of service verification w.r.t. entries existing in service book; Three copies of identification marks and height; Nomination form for DCRG; Under taking regarding refund of excess payment of pension and Two slips of specimen signatures (three times) duly attested by the Detail of family members; (in duplicate); Certificate of Military Service; Form Pen-14, if applied for commutation; Affidavit regarding adjustment of long term loans and advances and Pension (normal and enhanced);

gratuity, if found at a later stage; Head of Office;

rent of Government accommodation to be submitted by the retiring Government employee. (2) (3) The Head of Office shall retain a copy of each of the forms referred to Where the payment is desired in another circle of accounting unit, the in sub-rule (1) for its record. 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,

80 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 at least two months before the date of Government dues as in rule 9.16, shall furnish the particulars thereof to the Accountant General, Haryana 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) 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. rely upon such information as may be available in the official records,

81 (2) The Government employees while furnishing the statement as in

clause (ii) (3)

of sub-rule (1) shall, at the foot of the statement, make, and

subscribe to, a declaration as to the truth of the statement. 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 deathcum-retirement-gratuity. (4) (a) After the amount of pension and gratuity has been determined under he shall issue a sanction letter and endorse a copy thereof to the sub-rule (3), the Head of Office shall take further action as follows: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 (ii) (b) (5) retirement of the Government employee; and 100% of gratuity as provisional gratuity determined under sub rule (3) he shall indicate in the sanction letter the amount recoverable from The amount of provisional pension and gratuity payable under sub-rule

after deducting there from the dues mentioned in rule 9.16; the gratuity under sub rule(1) of rule 9.9. (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 Accountant General, Haryana shall(i) (ii) issue the pension payment order; and authorise the difference between the final amount of gratuity and the with the Accountant General, Haryana before the expiry of the said period of six months, 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

82 come to notice after the payment of provisional gratuity. If the Government employee was an allottee of Government accommodation, the amount of gratuity withheld (Rent)/Rent (b) under sub-clause (ii) of clause (a) of sub-rule (4) should Assessing Authority. be refunded on receipt of no demand certificate from the Accounts Officer 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 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 overpayment. (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 shall send the pension payment order Accountant General, Haryana amount

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 subrule (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 its payment became due, and it is clearly months from the date when

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 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 the Administrative Department, the Department concerned shall fix payment of

responsibility and take disciplinary action against the Government employee

84 or employees concerned 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) (b) grant of emoluments higher than the emoluments on which gratuity, liberalisation in the provisions of these rules from a date prior to the already paid, was determined; or 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 (b) of immediately preceding the date on which he was placed under suspension. 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 of final be conclusion of the departmental or judicial proceedings and issue orders thereon. (2) Payment of provisional pension made under sub-rule (1) shall 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 a specified period. Subject to the provision of rule 2.2, pension once authorised of the the provisional pension or the pension is reduced or withheld either permanently or for 9.15. (1) who are found responsible for the delay in the

after final assessment shall not be revised to the disadvantage of detection of a clerical error subsequently;

Government employee, unless such revision becomes necessary on account

85 Provided that no revision of pension to the disadvantage of shall be ordered by the Pension Sanctioning the pensioner

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) (2) Action for reconciliation of long-term advances shall be initiated one year prior to the retirement of the Government employee. 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- retirementgratuity becoming payable. (3) (a) (b) The expression, "Government dues" includes,dues pertaining to Government accommodation dues other than those pertaining to including arrears

of licence fee, if any; Government accommodation, or any other advance, namely, balance of house building or conveyance

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 of licence fee (1), in sub-rule Authority period that intimates the amount mentioned recoverable in respect of

the Head of Office shall ensure

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.

87 (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 employee on his retirement. 9.19. When a Government employee retires from service:(a) (b) a notification in the Official Gazette in the case of gazetted Government employee, and 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 Government

88 (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) (3) (a) (b) The Head of Office shall then, address the person concerned in form Where the family of the deceased Government employee is eligible for the Head of Office shall address the widow/widower or other eligible where the deceased Government employee is survived only by a child Pen-6 or form Pen-7 as may be appropriate for making a claim in Form Pen-8. family pension under Section- D of Chapter- VI to these rules,family member in Form Pen-9 for making a claim in Form Pen-10; or 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 of "No Demand Government accommodation, the Head of Office shall address the Accounts Officer(Rent)/Rent Assessing Authority for the issue 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 preceding the date of commencement of date of death, the correctness of the emoluments for a maximum period of one year which he drew (3) extraordinary leave shall be verified. 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

90 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-cumretirement- 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 has been 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 verified and accepted under sub-clause (i), the family of the deceased emoluments. Final

Government employee shall be allowed on the provisional basis, the deathcum-retirement gratuity equal to twelve times of the 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) (3) (4) The Head of Office shall retain one copy of the form Pen-11 for his If the payment is desired in other circle of accounting unit, form Pen-11 the Head of Office shall draw the attention of the Accountant General, office record. shall be sent in duplicate to the Accountant General, Haryana. Haryana to the details of Government dues outstanding against the deceased Government employee, namely:(a) (b) Government dues as ascertained and assessed in term of rule 9.25 amount of gratuity to be held over partly for adjustment of Government been assessed so far and partly as a margin for and recoverable out of the gratuity before payment is authorised; dues which have not (c)

adjustment in the light of the final determination of the gratuity; 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.

92 (b) (c) the payment of family pension shall be effective from the date following Arrears of family pension, if any, in respect of the period for which

the date on which the payment of provisional family pension ceased. 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) (c) (d) (e) (f) particulars of the accommodation (quarter No., type etc); date of death of Government employee; whether the Government employee was on leave at the time of his whether the Government employee was enjoying rent free

death and, if so, the period and nature of leave; accommodation; 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 deathcum-retirement-gratuity. (ii) The Head of Office shall recover from the death-cum-retirementgratuity 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 will not permit of his return, should not be regarded as entitled 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 IIA- 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) (ii) in the case of a pension such authority will be a Pension Payment in the case of family pension such authority will be a Family Pension Order in Form Pen- 20; and 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 pensioners half of the Pension Payment Order. B- Payment of Gratuities and Commuted Value of Pension 10.4. (a) General. (b) not The amount of commuted value of pension is paid in a single sum, and by installments, on receipt of authority from the Accountant 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,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) (ii) by the disbursing authority if the claim is presented within one year of by the disbursing authority after obtaining the sanction of Pension ceasing 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 Officers, 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 commuters 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 Pen14A 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 Pen14A 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 Pen16 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 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 to appear for medical examination before the said medical authority.

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 applicants 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) (i) (ii) The commutation of pension shall become absolute in the case of an applicant referred to: in sub-rule (2) of rule 11.17, on the date on which the application in in rule 11.2, on the date on which the medical authority signs the 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 applicants 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 applicants 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 Form Pen- 14 is received by the Head of Office; medical report in Part-III of Form Pen-16:

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) (2) (i) (ii) The provisions of this section shall apply to an applicant who is eligible to commute a fraction of his pension without medical examination. An applicant who is authorized a superannuation pension under rule 5.14 of these rules; or 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-cumretirement-gratuity; or (iv) (v) a compensation pension on abolition of permanent post under rule 5.2 a pension in whole or in part on the finalization of the departmental or of these rules; 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) (b) apply to the Head of Office in Form Pen-14 after the date of his ensure that the application in Form Pen-14 duly completed, is delivered retirement; 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) (a) (b) (c) The Head of Office on receipt of application in Form Pen-14 under sub rule (1) of rule 11.17 shallinitial the Form indicating the date of its receipt; acknowledge immediately the receipt of Form Pen-14 in Part-II of that take immediate action to complete Part-III of Form Pen-14 and forward

Form and dispatch the same to the applicant; 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) (b) he shall not be eligible to commute a fraction of pension without if he desires to get a fraction of the pension commuted, he should apply medical examination; 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) (a) (b) (c) (2) (a) The Accountant General on receipt of Form Pen-14, from the Head of Office shall verify that the information furnished by the Head of Office in Part-III of Form Penthe applicant is eligible to commute a fraction of his pension without the commuted value of pension has been determined correctly by the The Accountant General after necessary verification of the information issue authority for the payment of commuted value of pension to the 14 is correct; medical examination; Head of Office. furnished in Form Pen-14 shall 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 Governments 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 Commutation next value birthday expressed as Number of years purchase 20 9.188 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 9.187 9.186 9.185 9.184 9.183 9.182 9.180 9.178 9.176 9.173 9.169 9.164 9.159 9.152 9.145 9.136 9.126 9.116 9.103 9.090 Age Commutation next value birthday expressed as Number of years purchase 41 9.075 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 9.059 9.040 9.019 8.996 8.971 8.943 8.913 8.881 8.846 8.808 8.768 8.724 8.678 8.627 8.572 8.512 8.446 8.371 8.287 8.194 Age Commutation next value birthday expressed as Number of years purchase 62 8.093 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 7.982 7.862 7.731 7.591 7.431 7.262 7.083 6.897 6.703 6.502 6.296 6.085 5.872 5.657 5.443 5.229 5.018 4.812 4.611

[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 of Nature of power Authority to which Extent the delegated 1 2.5 Power allowance to grant Authority competent Up to two-third of the to order dismissal or pension that would removal employee of the have been admissible to the Government employee dismissed or removed if he had retired 2. 3.5 note To sanction counting Departments 3 of previous service left Government due 3. 4.3 to technical of Full powers resignation To sanction counting Departments of 4. 4.5 service rendered Government of Full powers except in regard to a person in training for, but not appointed to service 5. 7.12 Power to sanction the Departments acceptance commercial employment by a of Government of Full powers Government actually under Defence Power to declare that Departments the period spent under Government training counted pension shall be towards on medical certificate of Full powers Government compassionate powers authority under the various rules: Sr. No. No Rule

110 pensioner before the expiry of two years from 6. 11.1 the date of Administrative Full powers for Gazetted officers subject to the provisions of Chapter XI. 2. Heads of Full powers for Nongazetted subject XI Note.The Administrative Departments and Heads of Departments may reemployee to the Departments retirement Power to sanction the 1. commutation pensions of Secretaries

provisions of Chapter

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.

111 Table of Forms Number of Form Pen Series Pen -1 Pen -1A Pen -2 Pen -3 Pen -4 Pen -5 Pen -6 Pen -7 Pen -8 Pen -9 Pen -10 Pen -11 Rule in which referred 6.11 6.11 6.20 Description Nomination for Death-Cum-Retirement Gratuity when family exists Nomination for Death-Cum-Retirement Gratuity when no family exists

Pen -12 Pen -13 Pen -14 Pen -14 A Pen -15

Details of Family for the purpose of Family Pension 9.5(1)(c) .. Particulars to be obtained 8 months before retirement 9.4,9.6,9.7(1) (3) Application for pension/family pension and 9.11 (1) and gratuity 9.7 Letter to Accountant General for forwarding the pension papers of a Government employee 9.20 Letter to family for DCRG where nomination exists 9.20 Letter to family for DCRG where no nomination exists 9.20 Application for grant of DCRG on the death of Government employee 9.20 Form of letter for grant of Family Pension to the eligible family member of a deceased Government employee 9.20 Form of application for the grant of Family Pension on the death of a Government employee 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 9.23(1) Form of forwarding letter to Accountant General for grant of family pension and DCRG 5.9 Certificate of service verification for pension 11.2 Form of application for commutation of a fraction of pension without medical examination 11.2 Form of application for commutation of a fraction of pension after medical examination 11.6 .. Letter to the Civil Surgeon, employee and Administrative sanction

112 Pen -16 Pen -17 Pen -18 Pen -19 Pen -20 Pen - 21 11.6 and 11.8 8.13 (2) 8.13 (2) 8.13 (2) 10.3 10.3 .. Report of the Medical Authority regarding medical examination .. Form of application for disability pension or gratuity .. Form of application for extraordinary family pension Form to be used by Medical Board when reporting on disability/death Pension Payment Order Family Pension Payment Order

113 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 Governme nt 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 5 Amount or share of gratuity payable to each*

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).

114 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) Name and Relation Age address of ship with the the nominee/ Government nominees employee Amount of share of gratuity payable to each Alternate Nominee(s) Name, address, Amount relationship and or share age of the person of or persons, if any, gratuity to whom the right payable conferred on the to each* nominee predeceasing the Government employee or the nominee dying after the death of the Government employee but before receiving payment of gratuity 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. ________________________

116 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* 2 Date of birth 3 Relationship Remarks with the Government employee 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: __________________ Government employee Dated, the _______________ Signature of

*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. 2. 3. 4. Name of the Government employee (a) Date of Birth (b) Date of retirement Two slips of specimen signatures to be attested by Head of Office Four copies of passport size joint photographs of the Government employee with his/her wife/husband (to be attested by Head of Office) Two slips showing the particulars of height and personal identification marks duly attested Present address
*

5. 6. 7. 8.

Address after retirement

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 _____________________ Government employee Dated the __________________

Signature of 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. 2. 3. 4. 5. 6. 7. Name of the Government employee. Fathers/husbands Name Date of birth Marks of identification and height Present residential address of the Government employee Permanent/Post-retirement address of the retiree Particulars of the post held at the time of retirement: (a) Name of the office (b) Post held (c) Scale of the post Date of beginning of service as regular Date of ending of service 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. Class of pension applicable 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). Details of omissions, imperfections or deficiencies in the service book which have been ignored under rule 9.5(1) (b) (ii)

8. 9. 10.

11. 12.

13.

121 14. 15. Total length of service Periods of non-qualifying service (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. 16. 17. Total period of non-qualifying service Net qualifying service (Column 13 14) 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 Emoluments reckoning for gratuity

From

To

18.

122 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-cumretirement -gratuity (see rule 6.10(1) (d) Emoluments reckoned for family pension (see rule 6.17(3) 20. 21. Date on which Form Pen- 3 has been obtained from the Government employee Proposed pension: Last Pay Drawn x Qualifying Service in half years (Maximum 56 half years ) 2 56 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). 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). (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 ____________________________________________________

22.

23.

24.

123

25. 26.

27

28. 29.

____________________________________________________ Date from which pension is to commence Proposed amount of provisional pension, if departmental or judicial proceeding is instituted against the Government employee before retirement. 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 Whether nomination made for death-cumretirement gratuity 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)] Place of payment of pension (Treasury, Sub-Treasury or Branch of Public Sector Bank)

30.

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 (c) Income tax deductible at source under the Income Tax Act 1961 (43 of 1961) (d) Arrears of licence fee for occupation of Government accommodation (e) The amount of licence fee for the retention of Government accommodation for the permissible period of four months beyond the date of retirement (f) Any other assessed dues and the nature thereof (g) The amount of gratuity to be withheld for adjustment of unassessed dues, if any Rs. Rs. Rs.

Rs. Rs. 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-cumretirement-gratuity exists

No____________________________ Government of Haryana Department of _________________ Dated the ______________________ To ________________________ ________________________ ________________________ Subject: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 deathcum-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. Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________

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-retirementgratuity does not exist.

No____________________________ Government of Haryana Department of __________________ Dated the ________________________ To ________________________ ________________________ ________________________ Subject: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 judicially separated (ii) adopted (iii) Unmarried daughters ) children. Sons ) including wife/husband ) including Payment of death-cum-retirement-gratuity in respect of the late Shri/Smt.________________________

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 Mother ) ) including adopted parents in case of 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. 2. 3. (i) Name of the claimant in case he is not minor (ii) Date of birth of the claimant (i) Name of the guardian in case the claimants are minors (ii) Date of birth of the guardian (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 Relationship of the claimant/guardian with the deceased Government employee. Full postal address of the claimant/guardian (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.Name Age Relationship with the deceased Government employee Postal address

4. 5. 6.

Serial NO. 1 2 3 4 7.

(ii) Relationship of the guardian with minors. Place of payment of pension and gratuity ( Treasury /Sub-Treasury, Public Sector Bank Branch) Signature /Thumb impression

of the claimant/guardian 8. 9. Two slips of specimen signatures of claimant/guardian duly attested

*

Attested by: -

132

(i)

Name ____________ ____________ Name

Full address ____________ 10. Witnesses :

Signature ___________ Signature ___________

____________ (ii) ____________ Full address ____________

(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. 2. Name of the applicant Widow/ Widower /Guardian, if the deceased person (s) is survived by child or children Name and age of surviving widow/ widower and children of the deceased Government employee/ pensioner. Serial No. 1. 2. 3. 4. 5. 6. 3. 4. 5. Date of death of the Government employee. Office/ Department in which the deceased Government employee served last. If the applicant is guardian, his date of birth and relationship with the deceased Government employee. 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 Full address of the applicant Place of payment of pension and gratuity (Treasury or Sub-Treasury or Public Sector Bank Branch). Name Date of birth Relationship with the deceased person

6.

7. 8.

9. (i) (ii)

Enclosures ; Two slips of specimen signatures of the applicant, duly attested. 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 (i) _______________ _______________ (ii) _______________ _______________ Witnesses : Name (i) _______________ _______________ (ii) _______________ _______________ Full Address ___________________ ___________________ Signatures Full Address ___________________ ___________________ Signatures

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. 2. 3. 4. 5. Name of the deceased Government employee Fathers/Husbands name Date of birth Date of death 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. 8. 9. Date of beginning of service as regular Date of ending of service on death (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 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);

11.

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. 13. Whether nomination made for death-cum-retirement gratuity? Length of service qualifying for death-cum-retirementgratuity/family pension Periods of non-qualifying service From To

14.

(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. 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

16.

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. 20. Date on which claim received from the claimants. Name and address of guardian who will receive payment of death-cum-retirement gratuity and family pension in the case of minors. Place of payment (Treasury, Sub-Treasury or branch of Public Sector Bank).

21.

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:Sir,

Grant of family pension and death-cum-retirement gratuity

I am directed to say that Shri/Smt. _______________ designation ______________ died on _______________________. His family has become eligible for the grant of family pension and death-cumretirement 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. 2. 3. Form Pen-10 alongwith documents mentioned therein. Form Pen-11 duly completed. 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 _________________________ ______________________ 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 reopened 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 1. 2. 3. To

Dated

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 ____________________ designation and ________________________ of office) ________________________ Subject: ) ) ) (Here indicate the full address of the Head

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. 2. 3. 4. 5. 6. 7. 8. Name (in Block letters) Fathers/Husbands name Designation at the time of retirement. Name of Office/Department Date of Birth Date of retirement Class of pension on which retired Amount of pension authorized (in case final amount of pension has not been authorized, indicate the amount of provisional pension) *Fraction of pension proposed to be commuted Pension Payment Order Number, if issued Disbursing authority for payment of pension ** (a) Treasury/Sub-Treasury (name and complete address of the Treasury/ Sub-Treasury to be indicated).

9. 10. 11.

142 (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: ________________________ Date: _________________________ _______________________________ * 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) Signature Address

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;

143 (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: _____________________ Dated:

Signature Head of Office (with stamp)

144 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 ______________________ __________________________ address __________________________ Subject: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. 2. 3. 4. 5. 6. 7. 8. *9. 10. 11. Name (in block letters) Fathers/Husbands name Designation Name of Office/Department in which employed Date of Birth Date of retirement Class of pension on which retired Amount of pension authorized. Fraction of pension proposed to be commuted. Pension Payment Order Number, if issued Disbursing authority for payment of pension. (a) Treasury/ Sub-Treasury (Name and ) ) ) (Here indicate the designation and full of the Head of office)

Commutation of pension after medical examination.

145 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.

146 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

147 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)

148

Form Pen-15 (See rule 11.6) Form of Letter to the Civil Surgeon. No._______________________________ Government of Haryana Department of ______________________ Dated _____________________________ To ___________________________ ___________________________ ___________________________. Subject: 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 applicants photograph. (b) (c) A copy of Form Pen-16 in duplicate. Report of the statement of the applicants 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. Medical Examination for Commutation of Pension.

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 ________________.

149 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)

150 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. 2. 3. 4. Name of the applicant (in block letters) Date of birth Place of birth Particulars regarding parents, brothers and sisters: Fathers 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

Fathers age if living and state of health

Mothers age, if living and state of health

Mothers age Number of at death and sisters cause of living, their death ages and state of health.

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

5.

Have you ever been examined(a) for life Insurance, or /and (b) by any Government Medical Officer or Medical Board.

6. 7. 8.

Have you been granted or considered for grant of invalid pension? If so, state the ground thereof. Have you ever been granted leave on medical certificate during the last five years? If so, state periods of leave and nature of illness. Have you ever :-

151 (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. Applicants 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

152 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 thatHe/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 examining Medical

Date: _____________ Authority

153 Form Pen - 17 [Referred to in Rule 8.13 (2)] Form of Application for Disability Pension or Gratuity 1. 2. 3. 4. 5. 6. 7. Name of applicant and full office address Fathers name Residential address (showing village, tehsil and district) Present or last employment, including full particulars and address of the establishment. Date of entry into service Full particulars of service and length of service Percentage of Disability sustained due to injury/disease (as certified by the Medical Authorities) and circumstances which resulted in that disability. Pay at the time of injury sustained, disease contracted Proposed pension or gratuity Date of injury/disease as certified by the medical authorities) Place of payment Other relevant information, if any Date of birth Height and two identification marks Signature (Applicant) Date: ____________________ Date on which the application received ________________

8. 9. 10.

11. 12. 13. 14.

Place:____________________

154

Signature of Head of office (with date and stamp)

155 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, fathers 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 _____________

156

Date on which the application received ________________

Signature of Head of office (with date and stamp)

157 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) (ii) the present state of the injury/disease sustained/contracted by, or 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 employees (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

158

(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. _________________ _________________ _________________ Member of

Place: Presiding Officer of the Member of the Medical 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: Date: Presiding Officer of the Medical Board

________________
Member of the Medical Board

____________
Member of the Medical 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

159 carefully discriminate between the Government employees/claimants 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.

160 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 (enhanced) Family Pension (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, _________________.

161 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 2071 Pension & ORBs

(b) Family Pension is debitable to the head

162 01 - Civil 105-

Family Pension

163 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 8. Class of Pension 9. Last Pay drawn 10. Amount of Pension Date of Appointment in service Qualifying Service Emoluments for Family Pension Pension withheld Date of Retirement Date of Death

Non Qualifying Service Emoluments for DCRG Commuted Pension Pay Band+GP applicable at retirement. Net Pension

11. Provisional Pension paid @ Rs. to be adjusted.

_______ p.m. from

_______ which is

12. Death-cum-Retirement Gratuity (Amount to be authorized separately) 13. Amount of family pension(a) enhanced rate Rs. ----(b) normal rate Rs. -----from ---------------- to -----------from -------------to ------------

14. Details of Family members eligible for family pension Sr. No. Name Relationship with Government employee Date of Birth/Age Whether disabled

164 1. 2. 3. 4.

165 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 Pensioners portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disbursers portion on personal satisfaction of pensioners 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.

166 3.

Special Remarks of Accounts Officer 1. 2. 3.

167 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 ____________________ Lette r No. and date Date of effec t Amoun t of Revise d Pensio n Reason for Revisio n Amount of Revised Dearnes s Relief Rs. Rs. Total Monthly Pension plus Dearnes s Relief Payable Rs. Remark s Initials of designate d officer

168 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

169 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

170 Part VII (Record of Disbursement) Month for which pension is due 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. Amount Pension Rs. Dearness Total Relief Rs. Rs. Date of payment Disbursing Remarks Officers initials

171 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 (enhanced) Family Pension (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, _________________.

172 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.

173 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 8. Qualifying Service 9. Emoluments for Family Pension 10. Amount of Family Pension at enhanced rates Date of Appointment in service Date of Death

Non Qualifying Service Emoluments for DCRG Last Pay drawn

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. ----(b) normal rate Rs. -----from ---------------- to -----------from -------------to ------------

13. Details of Family members eligible for family pension Sr. No. 1. 2. 3. Name Relationship with Government employee Date of Birth/Age Whether disabled

174 4.

175 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 Pensioners portion of the pension order may be made over to the pensioner after obtaining his/her signature on the disbursers portion on personal satisfaction of pensioners 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.

177 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. ___________________ Lette r No. and date Date of effec t *Amoun t of Revise d Family Pensio n Reason for Revisio n Amount of Revised Dearnes s Relief Total Monthly Family Pension plus Dearnes s Relief Payable Rs. Remark s Initials of designate d officer

Rs. Rs.

* Enhanced and Normal Family Pension to be shown separately.

178 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

180 Part VII (Record of Disbursement) Month for which Family family Pension pension is due Rs. March April May June July August September October November December January February Amount Dearness Total Relief Rs. Rs. Date of payment Disbursing Remarks Officers initials

181 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 reemployed 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 reemployed 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

182 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 reemployment 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.

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 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 contains rules relating to travelling

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, rewriting 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.

Dated :

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

5 Haryana Civil Services Rules Part IV Provident Fund Rules

Short title and commence ment.

1. (2) (3) 2.

(1) These rules may be called The Haryana General Provident These rules have been issued by the Governor of Haryana under They shall come into force on the date of their publication in the (1) Except as otherwise provided, these rules shall apply to all the

Fund Rules, 2012. proviso to Article 309 of the Constitution of India. official Gazette.

Application and effect of rules.

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 sons widow and child and where no parent of subscriber is alive then paternal grandparent; (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 subscribers 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 subscribers family in matters to which these rules relate, unless the subscriber subsequently cancels by express notice in writing to 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 the Accountant General through her Head 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. (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 Conditions of eligibility. 5. (1) All temporary transferred to Deposits at the end employees (including all of the year and treated under the ordinary rules relating to deposits. Government 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 4. (1) The fund shall be maintained in India in rupees.

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. (2) The application form as mentioned in sub rule (1) shall accompany the nomination form in triplicate in Form PF No.2. 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.

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 employees 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 8. An account shall be opened in the name of each subscriber in the s account. 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. 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 9. (1) A subscriber shall subscribe monthly to the Fund except during the period of suspension:

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. (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 10. (1) The amount of subscription shall be fixed each year by the

subscriber himself, subject to the following conditions: -

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. (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 subscribers 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. 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.

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 subscribers 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 subscribers 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 2% 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 subscribers 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 employees 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 subscribers 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 subscribers 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 doctors 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. (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, 15. The Head of Office is appropriate sanctioning authority as shown in Annexure I to sanction the advance for the following purposes :-

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 subscribers 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 subscribers 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 nonsubmission 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 subscribers account. The subscriber may at his option repay more than one instalment in a month. (3) Recovery shall not be made except with the subscribers 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 18. Except as otherwise provided, the Head of Department is the appropriate sanctioning authority to sanction the withdrawal for the (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) (3) for acquiring a built-up house/flat for residential purposes from open market through authorized agents; 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) (6) for reconstructing or making additions or alterations to a house or a flat already owned or acquired by a subscriber ; for renovating, additions or alterations or upkeep of the

withdrawal. following purposes: -

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) (9) for meeting the cost of higher education of any child of the subscriber ; for meeting the expenditure in connection with the marriage of the subscribers daughter(s) or any other female relation actually dependent on the subscriber ; (10) (11) (12) (13) for meeting the expenditure in connection with the marriage of subscribers son(s); for meeting the expenditure in connection with self marriage of subscriber; for purchase motor vehicle(s) i.e. motor car and motor cycle or scooter or moped ; 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. Credit in General Provident Fund (presently) 3. Total (1+2) 4. 10% of Col. 3 5. Withdrawal admissible (Col. 2 Col. 4) 6. Deduct withdrawal already taken (Col. 1) 7. Withdrawal now admissible (Col. 5 Col. 6) 0.80 lac 5.20 lac 2.00 lac 3.20 lac 2.00 lac 6.00 lac 8.00 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. (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 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.

38 accumulati on. (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. death while in service, as per conditions given as under: -

(2)

On RetirementWhen 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 FamilyWhen 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 ChildSubscribers 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 subscribers 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 KnownWhen 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 courts 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) AdvanceAdvance 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) WithdrawalWithdrawal 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 subscribers 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 subsection (1) of section 95 of the Indian Lunacy Act, 1912 (ActIV 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. 26. Notwithstanding anything contained in these rules, if the sanctioning Misutilizati on of advance/ 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 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

withdrawal. money, he shall communicate to the subscriber the reasons for his doubt

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 subscribers 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 the office of Accountant General. (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. 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

accounts in relating to deposits.

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 31. If any question arises relating to the interpretation of these rules, it Interpretati on. Repeal and saving. shall be referred to the Finance Department, Haryana whose decision thereon shall be final. 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. 1 Rule Nature of power To whom delegated To sanction advance Head of for:Office illness, confinement or disability higher education obligatory expenses legal proceeding in court of law defence in departmental inquiry To sanction advance Head of for:Office purchase of house hold item(s) To sanction withdrawal Head of for :Department 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 Extent of power 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) 2 15(6) 3

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 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.

48 4 18(5) To sanction withdrawal Head of for :Department additions or alternations in house/ flat upkeep house of ancestral 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

18(6) 18(7)

5 18(8)

acquiring commercial/ industrial establishment or establishing business for settlement of unemployed children. To sanction withdrawal Head of for :Department higher child education of

6 18(9) 18(10) 18(11)

To sanction withdrawal Head of for :Department daughters marriage or female relatives marriage sons marriage Self marriage

(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 75% of credit in General Provident Fund account and further subject to the conditions laid in rule 21

49 7 18(12) 8 18(13) To sanction withdrawal Head of for :Department purchase vehicle(s) of motor 90% Head of before 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. 90% of credit in General Provident Fund account and further subject to the condition laid in rule 23.

To sanction withdrawal superannuation retirement

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 redelegation 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) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) Commissioner(s) of Division(s) District and Sessions Judge(s) Inspector General/Deputy Inspector General of Police (Range/Railway) Conservator of Forest(s) Controller of Printing and Stationery Superintending Engineer(s) of Public Works Departments District Education Officer(s)/District Primary Education Officer(s) Principal(s) of Government Art and Professional Colleges Sub-Divisional Officers (Civil) in the Sub-Division of the Civil Department and City Magistrate at Headquarters of the District. Note 3 : respectively. The advance/withdrawal for the Head of Office/Head of Department shall

be sanctioned by the Head of Department and Administrative Department

50

Note 4.-

The

sanctioning

authorities

shall

send

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. 1 2 3 4 5 6 7 Particulars Opening Balance as on 01-04-2011 Monthly Subscription Amount Rs. 2,25,980/Rs. 3,000/- p.m. 2,214/25,000/-

Arrear of D.A. deposited in 6/2011 Rs. Advance for daughters betrothal ceremony paid on 12/12/2011 (to be recovered @ Rs. 1000 p.m. in 25 Rs. installments

Arrear of D.A. deposited in 2/2012 Rs. 3,035/Withdrawal on 04-03-2012 for Higher Education of Son Rs. 30,000/-. Rate of interest during the year 8% p.a.

Solution
Paid month Subscription Recov ery of Advan ce Total Drawal Balance Monthly product

04/2011 05/2011 06/2011 07/2011 08/2011 09/2011 10/2011 11/2011 12/2011 01/2012

3000 3000 3000+2214 3000 3000 3000 3000 3000 3000 3000

------------------1000

3000 3000 5214 3000 3000 3000 3000 3000 3000 4000

----------------25000 ---

3000 3000x12 =36000 3000 3000x11=33000 5214 5214x10=52140 3000 3000x9=27000 3000 3000x8=24000 3000 3000x7=21000 3000 3000x6=18000 3000 3000x5=15000 (-)22000 (-)22000x4 =(-)88000 4000 4000x3=12000

52

02/2012 03/2012

3000+3035 3000

1000 1000

7035 4000

---

7035 7035x2=14070 (-)26000x1=(-)26000 138210

30,00 (-) 26000 0

Annual Product (1) Opening Balance (2) Product during the financial year 138210 divided by 12 = 11,517.50 Total (1 + 2) Interest = 237497.50x8%=18999.80 Rs. 2,25,980.00 Rs. 11,517.50 Rs. 2,37,497.50 Say Rs. 19,000.00

53 Annexure III [see rule 16(9)] List of approved courses as mentioned in rule-20(ii) Serial Number 1. Name of the Course 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. 5. 6. 7. 8. 9. Degree and Diploma courses in Architecture, Town Planning and allied fields conducted by recognized institutions. Diploma and Certificate courses in Commerce conducted by recognized institutions. Diploma courses in management conducted by recognized institutions. Degree Courses in Agriculture, Veterinary Science and allied subjects conducted by recognized Universities and institutions. Degree and Diploma courses in Art/Applied Art and allied subjects conducted by recognized institutions. Medical courses (including Allopathic, Homeopathic, Ayurvedic and Unani systems) conducted by recognized institutions.

54 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. Bachelor of Science (Home Science) courses. Degree and Diploma course in Hotel Management conducted by recognized institutions. Degree and Postgraduate course in Home Science. Pre-Professional course in Medicine if part or regular 5 years course in Medicine. Doctorate of Philosophy in Biochemistry. Degree and Postgraduate course in Law. Honours course in Microbiology. Associate ship of the Institute of Charted accountants. Associate ship of the Institute of Costs and Works Accountants. Degree and Masters course in Business Administration or Management. Master of Science course in Statistics, Computer Application. The Company Secretary ship course or the Institute of Company Secretaries of India. The course or pre-sea training imparted on the Training Ship Rajendra to prospective paginating officers on merchantships. 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 (hereinafter (b) (2) called obligor) (b)(1) Name place(s) and address of of the residence) sureties) son/daughter/wife of ________________ resident of __________________________ son/daughter/wife of ______________________________________________ and ___________________________________________ 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/Husba nd name Date of birth/Da te of joining regular service Designati on and Official address Nature of post held (i)Tempora ry (ii)Perman ent (iii)On probation 4 Existin g Scale and Basic pay per mense m 5 Rate of subscripti on per mensem Wheth er the applica nt has a family or not? 7 Account number to be allotted by Accounta nt General 8

1.

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) Relationshi Age of the Share p with the nominee( payabl subscriber s) e to each nomine e Contingenci es 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 predeceasin g the subscriber 6 If the nomine e is not a membe r of the family as provide d in rule 3, indicate the reason s 7

Place--------------Dated this ..day of . , 20 ..

60

Signature of the subscriber Name in Block Letters Designation ..

Signature of two witnesses: Name and Address 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. Signature

For use by the Head of Office Nomination Designation received from Sh./Ms . .. for onward submission to

. on dated

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 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 for the year________________(copy enclosed) (ii) Add regular monthly subscription plus lumpsum 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 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: 9. Amount of advance required: 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: Rs .. Rs. Rs. .

Rs. Rs.

Rs.

62 Serial Purpose of Number advance 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 Purpose Amount Month of No. of Advance Balance Number of of Drawal Installments recovered of advance advance for recovery advance 1. 2. 1. Certified that I have utilized the advance(s) taken from my General Provident Date of Drawal Name of the office from where payment received

Amount

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. 3. Certified that the person for whose ceremony/education etc. the advance has Certified that the information given in this application is true and correct and been applied for, is fully and solely dependent upon me. 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.

Dated:

..

Signature of the Applicant Name Designation 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 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 for the year________________(copy enclosed) (ii) Add regular monthly subscription plus lump sum 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 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 : 9. Amount of withdrawal required: 10. Purpose for which withdrawal is required: Rs Rs. Rs. Rs. Rs. . ..

Rs.

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 Date of Number drawal

Sanction Number Date

Amount and

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 ___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 (Part-

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. 3. Certified that the person for whose ceremony/education etc. the advance has Certified that the information given in this application is true and correct and

been applied for, is fully and solely dependent upon me. 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 Subject Number 1. Purpose: Particulars (i) (ii) (iii) (iv) (v) Acquisition of a plot for house Acquisition of a built up flat Acquisition of a built up house Construction of House Re-payment of loan taken from a financial institution expressly for acquiring a dwelling unit (vi) Repair/Renovation of a house

2.

3. 4. 5. 6.

7.

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 Person in whose name the plot/ house/flat (Clear title) Enclose proof of ownership/copy of allotment letter Amount of House Building Advance taken from the Government under its Scheme, if any. Whether withdrawal from General Provident Fund taken earlier for this purpose? 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 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.

Yes / No

(i) (ii) (iii)

67

(Signature of applicant) Designation_______________ Office: ____________________ Form PF No. 4 Part III (withdrawal for marriage ceremony) Serial Subject Particulars Number 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 1. 2. 3. 4. 5. 6. 7. Particulars Subject Withdrawal is being applied for Son/Daughter higher education of: Name of the Child Details of the Course of Study Name of the Institute of Study Evidence of Admission Evidence of fees to be supported to justify the advance Details of withdrawals taken (i) earlier for the purpose: (ii) (iii)

(Signature of applicant) Designation _________________ Office ______________________

69

Form PF No. 4 Part V (withdrawal for purchase of motor vehicle(s)) Serial Number 1. 2. 3. 4. Particulars Subject Withdrawal is being applied for motor vehicle i.e. motor car, motor cycle, scooter or moped Particulars of withdrawal or Amount loan taken previously, if any. Date of drawal withdrawal or Loan Cost of vehicle (proforma invoice to be attached) 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 appointment with from with 2. 3. on My Fund Account No. is I desire to receive payment through my office . or ..Treasury/Sub-Treasury. Particulars of my personal marks of forenoon/afternoon. I ..Government to take up joined service

..and my resignation has been accepted with effect .forenoon/afternoon.

through the

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 .. Yours faithfully may be paid to me/transferred to

71 Date:(To be specified) (For Use By Head of Office) Forwarded to the Accountant-General, Haryana for necessary action. 2. Sh./Ms _____________________________ has finally retired/has been . resigned up accepted with take ../has service effect finally and .on 3. dated from Government resignation service/has to has been discharged/dismissed/has been permanently transferred to resigned under with from his/her .Government (Signature) Name: Address:

appointment

...forenoon/afternoon. He/she joined service with ..forenoon/afternoon. for Rs. (Rupees .of . ..instalment of Rs are yet to be recovered ), .Treasury, the The last fund deduction was made from his/her pay in the Office Bill No

Treasury Voucher No amount of deduction being Rs advance Rs 4. which

and recovery on account of refund of

Certified that he/she had taken the following advances in respect of

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 1. 2. 3. 4. Amount of Advances/Withdrawal Place of encashment Voucher Number and Date

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. 7. Date Certified that no advance/withdrawal will be sanctioned to the subscriber Certified that the subscriber/claimant submitted the application on ..Month . Year. . henceforth without the concurrence of Accountant General, Haryana.

(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 Sh./Ms in .. the General Provident Fund .. Account The of 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 Nominee 1 Relationship with the subscriber . . Share of the nominee Remarks

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 Nominee 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 1 2 . 3 . . . Relationship with the subscriber .. . Age on the date of death . Remarks . . . Relationship with the subscriber . Age on the date of death . Remarks . . . .

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 1 2 . 3 . . . . Relationship with the subscriber Address . Remarks .

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 Dated: .. (Signature of claimant) (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 1. 2. 3. 4. Amount of Advances/Withdrawals Place of encashment Voucher Number and Date

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 Fund Rules for the grant of an advance of Rs ..only) to Shri/Ms. General Provident Fund Account Number charges on account of 2. The advance will be recovered .. as on the date instalments of Rs succeeding the drawal month 3. The balance at the credit of Shri/Ms . of sanction is detailed below: (i) Balance as per General Provident Fund Statement for the year___________ Rs. (ii) Subsequent deposits (iii) Total of column (i) and (ii) (iv) Subsequent advance/withdrawals, if any (v) Balance as on date of sanction column {(iii) minus (iv)} (Name) Dated: Endst. No. 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) Dated: Head of Office Rs. Rs. Rs. Rs. . in . ..monthly ..each, commencing from the salary of next month of Haryana General Provident (Rupees .. from his/her .to enable him/her to defray

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. of sanction is detailed below: .. .. as on the date Rs.

(i) Balance as per General Provident Fund statement for the year .. (ii) Subsequent deposits (iii) Total of columns (i) and (ii) (iv) Subsequent advances/withdrawals, if any (v) Balance as on date of sanction columns {(iii) minus (iv)} Dated: Endst. No._________________________ Rs. Rs. Rs.

Rs.

(Name) Head of Department 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 (2) (3) It extends to the whole of India except the State of Jammu and Kashmir. 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; Provident Fund Act, 1925.

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 sons 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 (I) Officers taking up, without prior permission, commercial employment within two years of their retirement. 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) (ii) a directorship of a company; 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) (ii) (iii) (8) (9) (10) the financial circumstances of the officer concerned; the nature of, and the emoluments from, the commercial employment taken up by the officer concerned; such other relevant factors as may be prescribed. Any amount required to be refunded by an order under sub-section (7) may, if it Every order passed by the Central Government under this section shall be The provisions of this section shall have effect notwithstanding anything to the

is not refunded within the prescribed period, be recovered as arrears of land revenue. communicated to the officer concerned. 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 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 contains rules relating to travelling

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.

Dated :

Sanjeev Kaushal 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 AdministrationCommissioners. 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

General Rule

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

Travelling allowances calculated with reference to the purpose of the ourney.

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 employees claims to travelling allowance should be regulated by

Revision of travelling allowance due to promotion or reversion.

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.

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 of Conditions
grant

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 employees 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.

8 2.7. When a Government employee holds two or more posts to each of which a
Combination

permanent travelling allowance is attached, he may be granted such permanent of posts 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

Travelling allowance in addition to or in exchange for permanent travelling allowances.

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

Conditions of grant

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

When drawn

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.

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 reemployment 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 of Definition
daily allowance away from headquarters, which is intended to cover the ordinary daily charges incurred rule as to and the

vernment servants ransit from one post another

t-time government vants etc.

by a Government employee in consequence of such absence.

its drawal

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.
Definition 2.16. A mileage allowance is an allowance calculated on the distance travelled which and Principles of calculation of mileage allowance

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 Special road mileage to be calculated on a route other than the shortest: provided that the journey is actually performed by such routes.
concessions

11 2.18. A journey on transfer is held to begin or end at the actual residence of the Government employee concerned. 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 employees 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
Different rates of and different classes of own journeys.

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

vehicle are entitled to class of accommodation according to the following scales: A Entitlement of accommodation by Railway Grade Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400) Journey by Train A.C. First Class or Executive Class A.C. First Class or Executive Class A.C. II Tier or A.C.Chair Car A.C. III tier or Non A.C. Chair Car 2nd Class/2nd Class Sleeper

B- Entitlement of accommodation by steamer Grade Journey by Sea or River Steamer

12 Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) Highest Class. If 2 Classes by lower, if 3 by middle, if 4 classes by third class. Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400) As above to Grade III employees. By lowest Class. Highest 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 Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Journey by Road AC Bus including Volvo of Haryana Roadways 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 Ordinary Bus/Deluxe Bus Ordinary Bus

Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400)

D- Entitlement of accommodation by air Grade Grade I (Grade Pay Rs. 10,000 and Journey by Air

13 above) (i) Chief Secretary/ Addl.Chief Secretary (ii) Officers in HAG Scale Business Class within India and/1st class out of India. Business Class within India and/1st class out of India. (iii) Officers in the grade pay of Rs.10000 Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) (i) Officers in the grade pay of Rs.8700/(ii) Others 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) Grade V (Grade Pay Rs.1300-2400) Economy Class (out of India only). Economy Class (out of India only). Economy Class within India and premium economy class out of India. Economy Class (within or out of India). Economy Class (within or out of India) Economy Class (within or out of India)

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 Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.89009800) Grade III (Grade Pay Rs.46008800) Grade IV (Grade Pay Rs.25004200) Journey by Taxi/Autorickshaw AC Taxi Journey by own conveyance By own car Rate of Road Mileage Rs. 10/- pkm. (for own Car/AC Taxi) Rs. 8/pkm. For non AC Taxi. Rs. 10/- pkm. (for own Car/AC Taxi) Rs. 8/pkm. for non AC Taxi. Rs. 8/- pkm (for own car/Non AC Taxi).

AC Taxi

By own car

Grade V (Grade Pay Rs.13002400)

Non AC Taxi (with prior approval of the Heads of Offices for each journey) At prescribed rates of autorickshaw when journey is actually performed by autorickshaw, with prior approval of the Heads of Offices for each journey. At prescribed rates of autorickshaw when journey is actually performed by autorickshaw, with prior approval of the Heads of Offices for each

By own car (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).

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 Local Journey within or outside the State AC/Non-AC Taxi charges of upto 50 Kms. per diem for travel within the city. AC/Non-AC Taxi charges of upto 50 Kms. per diem for travel within the city. 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. Travel charges @ Rs. 6/- pkm limited to Rs. 100/- per diem for travel within the city. Travel charges @ Rs. 6/- pkm limited to Rs. 50/- per diem for travel within the city. Re. 1.20 pkm if local journey while on tour is performed by bicycle or on foot.. ---

Grade Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800)

Grade IV (Grade Pay Rs.2500-4200)

Grade V (Grade Pay Rs.1300-2400)

Any Govt. employee

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 1 Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400) (b) Sr.No. 1. 2. 3 In any town/ city in Haryana including Chandigarh 2 Rs. 300/- per day Rs. 240/- per day Rs. 200/- per day Rs. 160/- per day Rs. 140/- per day In any town / city outside Haryana/Chandigarh 3 Rs. 500/- per day Rs. 400/- per day Rs. 300/- per day Rs. 200/- per day Rs. 160/- per day

The Govt. employee shall be entitled to daily allowance for the journey Absence from Headquarters Daily admissible Where absence from Headquarters is for No daily allowance less than 6 hours Where absence from Headquarters is for 6 Half daily allowance hours or more but less than 12 hours. Where absence is for more than 12 hours Full daily allowance allowance

performed in Govt. Vehicle, own vehicle and taxi as under: -

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) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400) Upto Rs. 5,000/- per day plus D.A. of Rs. 500/- per day. Upto Rs. 4,000/- per day plus D.A. of Rs. 400/- per day. Upto Rs. 3,000/- per day plus D.A. of Rs. 300/- per day. Upto Rs. 1,500/- per day plus D.A. of Rs. 200/- per day. 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 Journeys by
special by the order of a superior authority to travel by special means of conveyance, the cost conveyance.

of which shall be paid to the Government employee with the approval of the Administrative Department. Section VI - Journeys on Tour (i) General Rules
Definition 2.28. A Government employee is on tour when absent on duty from his headquarters of tour

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 which on charges admissible for journeys under taken beyond his sphere of duty. Note 1.- The Government employee shall submit his travelling allowance claim 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 Restrictions on frequency and duration of journeys to be made on tour by any Government employee or frequency and class of Government employees. (ii) Daily Allowance on Tour
on tours. the duration General principles travelling allowance is drawn for journeys only on tour.

once in a month for various journeys performed during the preceding month and no

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.

22 2.32. Daily allowance may not be drawn, except during absence from headquarters

Drawn during absence from headquarters on duty.

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.

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 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, permitConveyance Hire any allowance will be regulated according to Clause

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 Ferry charges tolls and entitled to recover the actual amounts which he may have to spend to payment of railway fare. 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 General Rule. 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 outConcession to of employment owing to a reduction of establishment or the abolition of his post, is employed in reappointed 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.
persons reGovernment service

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 allowance, loading and unloading allowance, daily allowance for self and family 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 Composite Transfer Grant equal to one months pay in lieu of existing packing admissibility

member(s) for journey day(s) and road mileage for the journeys between residence and

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 Grade I (Grade Pay Rs. 10,000 and above) Grade II (Grade Pay Rs.8900-9800) Grade III (Grade Pay Rs.4600-8800) Grade IV (Grade Pay Rs.2500-4200) Grade V (Grade Pay Rs.1300-2400) Entitlement of number of truck(s) Two trucks Two trucks One and a half trucks One truck 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 employees 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 employees 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 oneGovernment servant post to another is entitled to draw travelling allowance for so much of the journey on transfer in transit. post while 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.
Government 2.48. A Government employee, who goes on leave, after he had made over charge of taking servant appointed to a new

his old post and before he has taken charge of his new post, is entitled, whether short leave before the joining a new 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.

32 Section IX - Journey at Government Employees 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 General 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)
General Except as otherwise provided in these rules, a government employee isrule rule.

not entitled to any travelling allowance for a journey made during leave or while

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 employees 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 nonperformance 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) _______________
***

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

38 (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. 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. The provision for

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 employees 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. 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. The claims of travelling allowance in respect of the family members will not be payable until the head

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 to give Journey
evidence.

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

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
Journey to appear before a medical board preliminary to retirement.

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.

Rates of travelling allowance under this section.

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

46 (b) If not a Government employee may draw actual expenses for the outward and return journey. (2) When the medical officers 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 employees family. The travelling allowance in their case will be the same as is admissible under rule 2.62 to members of Government employees 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. 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: In selecting an officer, the Director General of Health Services should pay due regard alike to considerations of propinquity

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 (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 (ii) Boarding and lodging Half daily allowance 1/4th daily allowance Full daily allowance 2. Where institutional arrangement exists on payment and employee pays for the same

(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
Free 2.67. When a Government employee is entitled to or is allowed free transit by railwaytransit by railway otherwise

on a free pass or otherwise, the fare which he draws for the journey must, except in than in the accommodation case of Government employee, whose duties require them to travel extensively reserved by by requisition. 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.
Government 2.68. When a Government employee is allowed free pass by railway, he is entitled to servant travelling with a railway. free pass an daily allowance for each day of absence of minimum 8 hours from headquarter besideson of unopened line

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 Journey by on payment of passage money, in a steamer the cost of which is paid by Government orvessel. 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
Government

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,transit by Free
non-government otherwise than in a Government vessel, the fare, which he draws for the journey, must steamer.

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 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 (vi) where absence from headquarter is more than 24 hours Note1.Full daily allowance Full daily allowance for each calendar day.

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. 1 Dairy No. 2 Date of receipt of T.A. bill 3 Date of preparat ion 4 Date of journey 5 Places visited 6 Purpose of journey 7 Amount of the bill 8 Initials of Controlling Officer 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 1.

2 2.2

5 Full powers in respect of travelling allowance at tour rates

Power to direct a Heads of Government employee to Heads of Offices perform a journey in the interest of the public service for any purpose not specified in the rules. Departments

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 Full powers in consultation Government with Finance Department

55 travelling allowance or conveyance allowance 3. 2.14 Powers to declare Departments of the grade in which a part-time or fee-paid government employee shall rank. 4. 2.16 (b) Powers to decide the shortest of two or more routes, in case of doubt. 5. 2.17 Powers to permit road mileage to be calculated by a route other than the shortest or cheapest Heads of Offices Heads of Departments 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 Departments of a particular Government In the case of any particular journey Heads of Departments In the case of any particular journey Government Full powers

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. 8. 2.30 Power to restrict the duration and frequency of tours. 9. 2.33 To sanction daily allowance in excess of 10 days Heads of Departments 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 Office Full powers for non gazetted employee under their control Heads of Departments Full powers Departments of Government Up to 20 days Full powers Heads of Departments Full powers Heads of Departments Full powers

57 admissible. 11. 2.50 Power to allow employee to perform duty at a station other than his headquarters 12. Proviso 2.51 Powers to allowance for a journey to attend an examination if the authority considers that the candidate has culpably neglected the duty of preparing for it. 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. 14. 2.53(1) Powers to Heads of Full powers Heads of Departments Full powers subject to conditions of rule 2.51 Heads of Departments Full powers Heads of Departments Full powers

(2) to rule disallow travelling

58 sanction travelling allowance to an employee for journeys to attend conference While on leave. 15. 2.60 Power to sanction travelling allowance to a Government employee compelled to answer a criminal or civil cases in certain circumstances 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 17. 2.76 Powers to declare Departments of who shall be the controlling officer Government Full powers provided that they may not declare a Government employee to 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 Heads of Departments Full powers for nongazetted employees Department of Government Full powers for gazetted officers Departments

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 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 Full powers

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 headquartersA Government employee- is considered to be on tour 2.28

-Competent authority may in case of doubt, decide what 2.28 constitutes -Daily allowance not drawn except during -When- begins and ends AccommodationCompetent authority may declare a Government employee or 2.24 class of Government employees to be entitled to a higher-than prescribed under the rules Classes of-to which Government employees are ordinarily 2.12 entitled Actual expensesA Government employee required to travel by special 2.27 2.32 2.32

conveyance may draw- in lieu of daily or mileage allowance under certain conditions Competent authority may grant to Government employees 2.61 voluntarily appearing before a medical board for being invalided Government employees travelling by Government steamer may 2.69 claim- of transporting luggage by other vessel 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 When a government employee may accept- granted by a court for journey to give evidence before it When paid in addition to permanent travelling allowance Journey by Air2.8 2.21 and 2.20 D Classification of- for purposes of travelling allowance C CampDaily allowance inadmissible for any day during tour, unless Government employee is actually in CertificateGovernment employee claiming cost of transport of personal effects should attach- that amount claimed does not exceed actual expenses Government employees must produce- of attendants for drawing travelling allowance for journey to give evidence Nature of- necessary before Government employee can draw actual expenses of special conveyance Nature of- necessary for drawing travelling allowance for journey to obtain medical advice Charge of OfficeTravelling allowance of Government employees assuming or relinquishing on transfer at a station other than the headquarters Chauffer (s)Travelling allowance admissible to- of government motor cars 2.74 2.45 2.61 2.27 2.58 (Note 2) 2.43 (c) 2.33(3) 2.12 2.57 2.43(a)(1)(iv)

62 ClassificationOf Government employees into grades for the purpose of calculating road mileage allowance Combination of postsTravelling allowance in cases of2.7 2.12

Composite Transfer Grant Journey on transfer ConsentCases in which the- of the Finance Department is presumed to the exercise of powers under the Travelling Allowance Rules Controlling OfficerCountersignature of- required before Government employee may draw actual expenses of special conveyance Duties and powers ofMay not ordinarily delegate duty of countersignature Responsibility of the to see that permanent travelling allowance is not made a source of profit by a Government employee Signature of- necessary on travelling allowance bills ConventionArrangement 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 Conveyance (s) Actual cost of transit allowed when an officer is required to travel by special2.27 2.58 (1) (Note 2) 2.76 2.78 2.76 2.69 2.27 Chapter 3 2.42

63 Competent authority may permit hire for- to be drawn when no travelling allowance is admissible When the actual cost of transporting- on transfer will be met by Government Conveyance allowance (s)Conditions of grant ofDrawal of- during leave or joining time -is granted on the conditions that the means of conveyance is actually kept Government employees to whom have been granted when drawn Conveyance hireCompetent authority may allow- when no other travelling allowance is admissible CountersignatureDuty of- of travelling allowance bills may not be delegated to a subordinate Travelling allowance for journey to obtain- of a medical officer of Government on a medical certificate inadmissible 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 Competent authority may fix higher or lower rates of- for particular Government employees of class of Government employees Conditions before- may be allowed to be drawn for a continuous halt of more than ten days 2.32 2.32 2.36 2.61(b) 2.76 2.37 2.10 2.10 2.11 2.9 2.43 (a) 1 (iv) 2.37

64 Conditions for grant of- during a halt on tour or for holidays during tour Conditions under which Government employee in receipt of motor car or motor cycle allowance may draw daily or mileage allowance or both 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 Definition of and the rule as to its drawal Distance to be travelled before- is admissible Drawn during absence from headquarters on duty Drawn for journeys on tour when not in receipt of permanent travelling allowance Drawn when on tour During a halt on tour For holiday during tour 2.15 2.33 2.33 2.15 2.32 2.32 2.31 2.36 (iii) 2.10 2.33

Government employees when travelling by Government steamers 2.69 are entitled to draw only the- of their grade Government employees may claim only- for journey by free conveyance other than by railway or steamer in certain cases 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. Inadmissible for halts on journeys to obtain medical certificate or medical advice or to appear before a medical board Inadmissible for any day whether Sunday or holiday when on tour unless the Government employee is actually in camp Inadmissible during casual leave taken when on tour 2.33 (2) 2.33(3) 2.62 2.43 2.73

65 May not ordinarily be drawn for a continuous halt or more than ten days Mileage allowance may be drawn in addition to halt- when journey by road is performed Rates of Admissible to Government employees on official visit to States as States Guests 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 Delegation List of- made under Travelling Allowance Rules E EvidenceCases in which travelling allowance may not be granted to a Government employee summoned to giveConditions under which travelling allowance may be granted to a during vacation Examination (s)Competent authority may grant travelling allowance to attend-to Government employee who while travelling to or during the is on leave Competent authority may disallow travelling allowance for attending an- in certain cases Competent authority may make special concessions regarding travelling allowance to Government employee attending2.51 2.51 (2) 2.52 2.58 (Note 2.58 (2) Ch. 3 2.60 2.22 2.34 (Note 2) 2.35 2.33 (1)

Government employee of vacation department summoned to give 1)

66 Daily allowance admissible for halts on- journeys to attendTravelling allowance to attend anTravelling allowance to attend an may not be drawn more than twice for the same F FamilyGrant of higher travelling allowance to a Government employee on the ground that members of his- accompanied him on transfer 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 Travelling allowance for- of Government employees on transfer 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 Travelling allowance for journey by the- of a government 2.55 employee on his death FareShould be held to mean- exclusive of diet, if for sea or river 2.20 B journey FeesGrade of Government employees remunerated by- for purposes 2.14 of travelling allowance Ferry and other tollsPayment of when travelling within 8 Kms of the headquarters Finance Department2.38 (Note) 2.43 (a)( I) (i) 2.43 (b) (iii) 2.46 2.43 (b)(iii) 2.52 2.51 2.51 (proviso 1)

67 Cases in which the consent of the is presumed to the exercise of powers First appointmentRate of travelling allowance of government employees joiningTravelling allowance for joining- ordinarily inadmissible Free accommodationJourneys 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 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 When a government employee is allowed free transit by sea or river steamer otherwise than in a Government vessel Journey by airDrawal of T.A.- when a Government employee is allowed free transit by air in a machine owned or chartered by government 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 Free AccommodationWhen a Government employee who is supplied with a means of conveyance without charge returns to his headquarters on the same day Free Transport2.75 2.73 2.71 2.72 2.70 2.69 2.67 2.41 2.39 Ch.3

68 Government employee on transfer is entitled to- of himself, family, servants etc., when travelling by Government steamer G Government SteamerGovernment employee on transfer travelling by- not entitled to the 2.43 concession allowed otherwise 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 Travelling allowance admissible to Government employee travelling byGrade (s)Government employees Government employees in transit from one post to another Part time government employee H HaltAfter a continuous- of ten days, the halting place will the temporary headquarters Daily allowance not admissible for a continuous- of more than ten days at one place Daily allowance not admissible for- otherwise than on tourDaily allowance inadmissible for- on journeys to obtain medical advice, medical certificate or to appear before a medical board Exemptions from the ten days rule 2.33 2.32 2.62 2.33(4) 2.33 2.13 2.14 2.12 2.69 2.43 2.43

Government employee may draw daily allowance when he travels 2.32 more than 8 Kms from his place of last-

69 No allowance admissible for- on journeys by persons joining first appointment or pensioners or government employees reemployed Head(s) of Department (s)Definition of the termHeadquartersAbsence on duty from- necessary to constitute a tour After a continuous halt of ten days the halting place will be regarded as Government employees temporary Beginning and end of period of absence fromDaily allowance ordinarily inadmissible for journeys within 8 Kms ofPermanent travelling allowance is drawn whether Government employee is absent from his- or not Travelling allowance for journeys and halts within 8 Kms. ofWhen actual expenses of maintaining office items may be granted during a halt at or within 8 Kms ofHolidays (s)Daily allowance during- on tour Daily allowance inadmissible for any day, whether Sunday or unless government employee is actually in camp Travelling allowance of a government employee undergoing a course of training in a school or a college, on the occasion of and vacation J Joining TimePermanent travelling allowance inadmissible during2.5 2.65 2.33 (1) 2.33 (3) 2.38 2.38 2.5 2.32 2.33 2.28 2.33(5) 1.2 (b) 2.40

70 JourneysCommencement and end ofFrequency and duration of- may be regulated by competent authority General rules of travelling allowance or on tour Point at which- commences or ends fixed by competent authority Travelling allowance for- within 8 Kms of headquarters Travelling allowance for to join first post Travelling allowance for- to attend examination Travelling allowance for- on a course of training Travelling allowance for- to obtain medical advice Travelling allowance for- in connection with duty for local funds Travelling allowance for- on transfer Travelling allowance for- in attendance on incapacitated government employee Travelling allowance for- to give evidence Travelling allowance for- performed to the permanent place of residence to the family of government employee on his death Travelling allowance for- when proceeding on or returning from leave Travelling allowance not admissible for- to procure health certificate required on first appointment Travelling allowance of government employee on transfer forTravelling allowance on tour of certain government employees whose duties involve constant travelling by railway for Journey by roadTravelling allowance of government employee on transfer for 2.43 2.43 2.36 2.39 2.54 2.58 2.55 2.31 to 2.33 2.18 2.37 2.39 to 2.41 2.51 to 2.52 2.65 2.61 to 2.64 2.66 2.42 to 2.49 2.63 to 2.64 2.18 2.30

71 Travelling allowance when a- is combined with a journey by rail or 2.43 steamer or both Journey by sea or riverTravelling allowance of government employee provided with free conveyance in full or in part forTravelling allowance for government employee on transfer forTravelling allowance when a is combined with journey by road or rail or both L Language Examination (s)Travelling allowance for attending an obligatory LeaveDaily allowance not admissible casual- taken when on tour Drawal of permanent travelling allowance duringDrawal of conveyance allowance duringGrant of travelling allowance to attend examination to government employee who while travelling or during the examination is onRate of travelling allowance which a competent authority may grant to government employee for journey made during or at the beginning or termination ofTravelling allowance of government employee summoned to give evidence while onTravelling allowance to government employee compulsorily recalled fromTravelling allowance of government employee taking- exceeding 180 days while in transit 2.48 2.54 2.58 2.53 2.33 (2) 2.5 2.10 2.52 2.51 2.43 2.43 2.43 2.69 to 2.70

72 Travelling allowance of government employee posted to a new station on return from long Travelling allowance ordinarily inadmissible to government employee for journeys made during or while proceeding on or returning fromTravelling allowance of government employee taking- not 2.48 exceeding 180 days while in transit from his old post to the new post Leave casualGovernment employee who takes- when on tour is not entitled to draw daily allowance during such leave Local Fund (s)Travelling allowance of government employees for journeys performed in connection with a- is governed by rules of theTravelling allowance of government employee appointed as ex officio member of aLuggageGovernment employee travelling by government steamer entitled to actual expenses of transporting by other vessel M Medical AdviceRule as to when travelling allowance may be claimed for journey to obtainRates of travelling allowance for journey to obtainMedical Board or CommitteeRates of travelling allowance for journey to appear before aMileage allowance for road journeys2.61 2.62 2.61 2.69 2.66 (b) 2.66 2.33 (2) 2.53(1) 2.48

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` Motor CarConveyance allowances granted for upkeep of- ordinarily precludes drawing of daily allowances for journeys made byCost of transporting between places connected by railway by government employee on transfer how met When- of a government employee on transfer may be conveyed at government expenses P Part time Government employeesClassification of- for purpose of travelling allowance Pensioner (s)Travelling allowance may be granted to a- on reappointment to government service Permanent Travelling Allowance (s)A kind of travelling allowance Conditions of grant ofAmount of- admissible to government employees holding two or more posts to each of which a is attached Travelling allowance, in addition to or for aPersonal effectsExplanation of termGovernment employee on transfer may be granted the actual

2.36

2.10

2.43 (a) 1 (iv)

2.43 (a) 1 (iv)

2.14 2.40

2.1 2.5 2.7

2.8

2.43 (b) 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 PromotionRevision of travelling allowance due toPublic ConveyanceGovernment employees travelling on duty within 8 Kms of headquarters entitled to recover actual cost ofWhen a government employee in receipt of permanent travelling allowance and travelling by-is entitled to extra allowance based on his actual expenses R RailwayTravelling allowance of certain government employees whose duties require constant travelling by on tour Travelling allowance of government employees on transfer for journey byTravelling allowance for journey on tour byRailway farePayment of- when travelling on duty within 8 Kms of headquarters Recall from leaveTravelling allowance admissible to government employees in case of compulsoryRe-employment Travelling allowance on- government service 2.40 2.54 2.37 2.28 2.43 2.20-A 2.36 2.8 2.37 2.3 2.43 (Note 1)

75 RevisionRevision of travelling allowance due to RetirementT.A. onRoute (s)Competent authority may permit mileage allowance to be calculated on- other than the shortest or cheapest Mileage allowance when two more are equally short Shortest- defined for purpose of mileage allowance When mileage allowance should be calculated by actually used S ServantsGovernment employees travelling by government steamer entitled actual expenses of transporting by other vessel Sphere of dutyPermanent travelling allowance intended to cover cost of journeys within When actual expenses may be granted in lieu of daily allowance to government employee whose- extend over the whole state Students (s)Travelling allowance admissible to a- not already in government service selected to undergo a course of training Sunday (s)Daily allowance inadmissible for- during tour unless government employee is actually in camp TollsPayment of ferry and other- to an officer travelling on duty within 2.38 2.33 (3) 2.64 2.3 2.8 2.68 2.16 2.16 2.16 2.17 2.56 2.3

76 8 Kms of headquarters TourBeginning and end of journey onCompetent authority may decide what constitutes absence on duty of government employee onCompetent authority may impose restrictions on the frequency and duration ofDaily allowance drawn when in Daily allowance inadmissible during casual leave taken on Daily allowance inadmissible for journeys within 8 Kms of headquarters Daily allowance may be drawn during a halt on- or on a holiday duringTransfer (s)At ones own request is not for public convenience: travelling allowance is not admissible General condition regarding the drawal of composite transfer grant onGrant of composite transfer grant to a government employee appointed as a result of competitive examination Grade of a government employee on- for the purpose of calculating travelling allowance Travelling allowance for journeys onTravelling 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 Travelling allowance of government employee whose posting is changed in transit 2.47 2.42 to 2.43 2.46 2.12 2.42 2.42 2.42 2.32 2.15 2.33(2) 2.32 2.30 2.32 2.28

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 Travelling allowance of a government employee transferred on return from leave exceeding 180 days TransitGrade of a government employee in2.12 2.48 2.45

Travelling allowance of government employee appointed to a new 2.46 post while inTravelling allowance of government employee taking leave exceeding 180 days while inCalculated with reference to the purpose of journey Different kinds of Distribution of government employees into grades for purpose of calculating For journey to obtain medical advice For journey to obtain medical certificate in support of application for leave For journey when proceeding on or returning from leave Forms of- journeys on tour For journey in connection with a course of training For journey in connection with duty for local funds For journeys on transfer For journey to give evidence For journey to attend an examination- may not be drawn more than twice for any one examination For journeys and halts within 8 Kms of headquarter 2.53 to 2.54 2.29 2.64 2.65 2.42 to 2.43 2.57 2.51 (proviso 1) 2.37 to 2.38 2.60 2.60 2.2 2.1 2.12 2.48

78 For journey in attendance on an incapacitated government employee For journeys in the interest of public service for any purpose not specified in rule General rules regulating- for different kinds of journeys Government employee compulsorily recalled from leave 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 Grades to which government employees in transit from one post to another belong Granted for joining first appointment in exceptional cases Inadmissible for journey to obtain a medical certificate, on first appointment Kinds ofNot admissible for journey to procure health certificate required on first appointment Of a government employee summoned to give evidence while on leave Of government employee taking leave not exceeding 180 days before joining a new post Of government employee whose appointment is changed while in transit On re-appointment to government service Revision of- due to promotion or reversion Travelling allowance Bill (s)Duty of controlling officer when signing or countersigning a 2.76 2.40 2.3 2.47 2.48 2.57 2.1 2.39 (note) 2.39 2.60 2.12 2.16 2.54 2.57 2.2 2.62 to 2.63

79 Revision of the- of a government employee who is promoted or reverted with retrospective effect Signature of controlling officer on a permanent- unnecessary 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 Travelling allowance admissible to a government servant recalled to headquarters during W Witness (s)Travelling allowance of a government employee summoned as2.58 to 2.59 2.54 2.64 2.76 2.3

80 Note of Posting of Corrections Serial No. Rule Date of Serial No. Rule Date of Serial No. Rule Date of of affected posting of affected posting of affected posting correction correction correction

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, rewriting 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.

Dated :

Sanjeev Kaushal 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) (2) These rules may be called the Haryana Civil Services Rules, Part VI These rules have been issued by the Governor of Haryana under proviso to Other Compensatory Allowances Rules, 2012. 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 subclause (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 subclause (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 allowanceno 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 (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 may be drawn as under :-

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.

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) 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 Officers

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 (c) Conditions of Tenancy and Rent Payable by Government Employees 24. (a) When Government supplies a Government employee with a residence leased the scale of accommodation supplied shall not, except at the Government residences under rule 20(B).

or owned by it, the following conditions shall be observed :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) (2) that the basis of assessment is uniform ; and 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) (5) who does not vacate the residence after the cancellation of allotment; or 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 1 I Total Area 2 125 Sq. yds. Plinth Area Pay range of entitlement (Band pay plus grade pay)

3 4 350 Sq. fts.+ Upto Rs. 12900, 30% houses will be 5% reserved for Group-D employees II 140 Sq. yds. 440 Sq. fts.+ Rs. 12901 to 17100 5% III 190 Sq. yds. 600 Sq. fts.+ Rs. 17101 to 21000 5% IV 360 Sq. yds. 770 Sq. fts. + Rs. 21001 to 37400 5% V 500 Sq. yds. 1220 Sq. fts. Rs. 37401 & above (1 Kanal) + 200 sq. fts. as garage 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) authority -

Rent Free Accommodation and Waiving or Reducing the Amount of Rent

31. In special circumstances, for reasons which should be recorded, a competent (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 % 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; the rent shall be expressed as a monthly rent and shall be one-twelfth of the annual rent. In case residence is fitted with water and electric meter, the Government

(ii)

(b)

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. 1

Events Resignation, dismissal, removal or termination of service or unauthorized absence without permission

Permissible period for retention of residence 1 month

2 3 4

Retirement Death of the allottee Transfer to other station

4 months 12 months 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

Leave (other than leave preparatory to retirement or leave on medical grounds)

For the period of leave but not exceeding 180 days For the full period of leave For the full period of leave For the period of deputation but not exceeding six months For the full period of training

6 7 8 9

Leave preparatory to retirement Leave on medical grounds Deputation outside India On proceeding on 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 Officer 35 % 55% 10%

Staff (Clerical employed) -

In case no staff is employed, the fee shall be distributed as follows: Government Officer 40% 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 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. in the article of association or other regulations of the body concerned or any Act relating to its institutions without having recourse to an

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. 1 1 2 Forest 3 (1)Forest Rangers) (2)Deputy Rangers ) (3) Forester) (4)Forest Guards) (5) Peons, Mali and Chowkidar 2 General Administration --(i)Secretariat staff of the Government Department Designations of Government employees 4 Rent accommodation, constructed normal allowance Staff employed in the Raj Bhawan On Raj and Bhawan staff other appurtenant occupying quarters buildings by free if the rent Remarks

available in a building department, otherwise house

to Raj Bhawan. (ii) District Administration (i)Tehsildars, Naib Tehsildars or other Tehsil Officials Rent accommodation, constructed normal 3 Jails (1)Superintendents (2) Deputy Superintendents/ District Probation Officer (3) Assistant Superintendents/ Welfare Officers Rent accommodation, constructed by by free if the rent free if the

available in a building department, otherwise house allowance.

available in a building 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. 4 Police (i) Direction and Administration (ii) District Executive Force, Police Radio Staff, Haryana Armed Police , Government Railway Police and C.I.D. (3) All Police Officials of ranks lower than that of Assistant or Deputy Superintendent of Police (iii) Haryana Police (1)Unmarried Probationary Academy, Madhuban Assistant Superintendents under training at the Haryana Police Academy, Madhuban (2) Principal, Haryana Police Academy, Madhuban Rent free accommodation, if available (3)Deputy Superintendents Rent free Rent free accommodation, if available Rent free accommodation in Officers Mess. (1) All District Superintendents of Rent free Police Districts (2) All Deputy Superintendents of Rent free Police in the Districts/Railways accommodation as well as Additional accommodation Superintendents of Police in the (1) All Range Inspector General Rent free of Police Accommodation. normal allowance house rent

32 Incharge Training, Madhuban accommodation, if available (4) All Police Officers of Rank Rent free lower than that of Assistant or accommodation, if Deputy Superintendents of Police available

(5)Cook of the Officers Mess

Rent free accommodation, if available

(iv) State Crime Record Bureau, Madhuban (v) Centre for Police Training &

Deputy Superintendents of Police

Rent free accommodation, if available

(1) Additional Director General of Rent free Police, Centre for Police Training accommodation, if available of Rent free

Research, Bhondsi & Research, Bhondsi (2) of Inspector Police/Centre General for

Police/Deputy Inspector General accommodation, if Police available Training & Research, Bhondsi (3) Bhondsi (4) All Police Officers of rank lower than that of Assistant or Deputy Superintendents of Police (5)Cook of the Officers Mess Superintendent Training of Rent free Centre, accommodation, if available Rent free accommodation, if available Rent free

Police/Recruit

33 accommodation, if available 4 Education (1) The Principal/Vice Principal/ Rent Lecturer of Government College accommodation, for Men and Women, (2) Educational Officials in Government Colleges the 5 Health hostels in constructed by free if the rent

available in a building department, otherwise house

(3) Superintendents/Wardens of normal Government allowance classes of Rent Educational Institutions (1)The following

free if the rent

Government employees holding accommodation, 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 Centres. (iii) All Pharmacists and Class IV employees employed in Hospitals and Dispensaries (2) Nursing Staff (Nursing Rent and Post Mortem constructed normal allowance by

available in a building department, otherwise house

free if the

Superintendents, Matrons Sisters, accommodation, Nurses). constructed by

Tutors, Nursing Sisters and Staff available in a building

34 department, otherwise normal allowance (3) Family Welfare Extension Educators and Family Welfare Field Workers Rent accommodation, constructed normal 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, Cowherds, Watchman, Chowkidars, Shed Cleaners, Syces, Beldars/Ploughmen (ii) Civil Veterinary (1)Veterinary Surgeons Hospital/Veterinary (2)Veterinary Compounders Dispensaries Staff Dressers, Water Rent accommodation, by free if the Rent accommodation, constructed normal allowance by free if the rent by free if the rent house rent

available in a building department, otherwise house

available in a building department, otherwise house

(3) Group D employees namely available in a building Carriers, constructed Sweepers and Chowkidars. department, otherwise

35 normal allowance 7 Public Works Department (Irrigation Branch) (2)Chowkidars and sweepers living within the premises of resthouses (1) signallers Rent accommodation, constructed normal 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. by free if the rent house rent

available in a building department, otherwise house

36 Annexure 2 Authorities Competent to exercise the powers of competent authority under Other Compensatory Allowances Rules

S. . 1

Number Nature of power

Authority to whom power is delegated

Extent of power delegated

No of rule 18 (b) Powers to waive or reduce the amount of rent to be recovered from any Government employee or class of Government employees. 2 33 Power to sanction remission of rent when a building is under extensive repair. 3 38 Power to sanction the payment of honorarium

Departments of Government.

Full powers

Departments of Government Department of Heads of Departments

Full powers

(i)

Upto

Rs

5000

in

each

individual case during a financial Upto Rs. 1000 in each individual case during a financial year Full powers

Government. year

40

Power to sanction taking of work and acceptance of fee.

Department of Government. Heads of Departments

Upto Rs. 15000/year

in each

individual case during a financial

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, rewriting 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.

Dated :

Sanjeev Kaushal 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) (b) post the Government means the Government of the State of Haryana Government employees means any person appointed to any civil service or 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) (i) members of family in relation to a Government employee includesthe 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 employees 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) (2) No Government employee shall indulge in any act of sexual harassment of Every Government employees who is incharge of a work place shall take any woman at her work place. 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 informationEvery 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. SubscriptionsNo 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 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. friend having no official dealings with the

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 dowryNo Government employee shall (i) (ii) give or take or abet the giving or taking of dowry; or 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 subrule (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 subclause (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;

17 (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. CanvassingNo 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;

18 (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 drugsA 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. InterpretationIf 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 powerThe 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 savingThe 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.

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.

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, rewriting 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.

Dated :

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

4 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) (3) These rules have been issued by the Governor of Haryana under proviso to They shall come into force on the date of their publication in the official Article 309 of the Constitution of India. 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 months 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 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 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. 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 or officiating capacity, after consideration of his case, to a service, grade, grade pay or

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 nonselection to a selection post, is of considerable importance. Both censure and the withholding of promotion are appealable under these rules. On the other hand nonselection 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:

11 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 embezzlementWhen 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 punishmentSubject 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.

12 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 crossexamination 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.

14 (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.

16 11. Right of appealEvery 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 appealNo 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.

17 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 revisionAfter 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 appealEvery person preferring an appeal shall do so separately and in his own name.

18 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 revisionEvery 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:

19 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 CommissionNothing 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 SavingThe 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.