STATEMENT III

Statement showing the authorities to whom powers under certain rules in the Fundamental Rules and the Uttar Pradesh Fundamental Rules have been delegated by the Governor.

NOTE–The reference to any rule in column 2 of this statement should be read as a reference to the rule in the Fundamental Rules in Part I in respect of Secretary of State’s officers and to the rules in the Uttar Pradesh Fundamental Rules in Part II in respect of government servants under the rule-making power of the Governor.

Serial number

Number of rule

Nature of power

Authority to whom power is delegated

Extent of power delegated

1

2

3

4

5

1

9(19)

Power to appoint a government servant to officiate in a vacant post.

Any authority who has power to make an officiating appointment to the post as (for instance) in a leave vacancy.

Full power.

2

10

Power to dispense with a medical certificate of fitness before appointment to Government service in individual cases.

Department of the Government.

Ditto

2-A

10

Power to dispense with the requirement of production of a certificate of physical fitness from the competent medical authority at the time of substantive appointment of

Heads of Departments.

Full power, subject to the conditions mentioned below:

(1) The service rendered before substantive appointment should be continuous and

   

such government servants as have produced this certificate at the time of their initial recruitment in a temporary capacity or during the course of their temporary appointment.

 

(2) The medical examination conducted at the time of initial temporary appointment or during the service was done by the prescribed competent authority, in accordance with the standard of fitness laid down for the post on which substantive appointment is to be made.

4

14

Power to suspend the lien of a government servant on a post and fill it provisionally substantive.

District and Sessions Judges.

Full power in the case of ministerial and inferior government servants provided they have power to make a substantive appointment to the post on which the lien is held.

5

14

Power to suspend the lien of a government servant on a post and fill it provisionally substantive.

District Officers

Full power in respect of ministerial and inferior servants to whom the District Officer is the appointing authority.

6

14B

Power to transfer the lien of a government servant from one post to another.

Departments of the Government and heads of departments.

Full power, provided they are authorised to make a substantive appointment to both the posts concerned.

7

14B

Power to transfer the lien of a government servant from one post to another.

District and Sessions Judges.

Full power in the case of ministerial and inferior government servants provided they are authorized to make a substantive appointment both the posts concerned.

8

19

Power to grant special pay.

See statement XIV in Financial Handbook, Volume I.

See statement XIV in Financial Handbook, Volume I.

9

24

Power to withhold increments.

Any authority who has power to make a substantive appointment to the post which the government servant holds.

Full power.

10

24

Power to with hold increments of members of the Subordinate Engineering Service in the

Superintending Engineers concerned.

Full power.

   

Public Works Department, Buildings and Roads and Irrigation Branches.

   

11

24

Power to withhold increments of civil armed and mounted Sub-inspectors of police and sub-inspectors in the Government Railway Police.

Superintendents of Police and Section Officers of the Government Railway Police.

Full power.

12

26(b)

Power to direct that extraordinary leave other than that taken for prosecuting higher and scientific and technical studies, shall be counted for increment.

Departments of the Government.

Full power.

13

27

Power to grant premature increments of pay to persons who having once resigned their appointments in the police force are re-enlisted in accordance with the provisions of paragraph 393 of the Police Regulations.

Superintendents of Police.

The exercise of this power is subject to the condition that only men whose previous record was clear and who had good reasons for resigning are re-enlisted and advance increments are limited to what a re-enlisted constable would have received if his service prior to resignation had counted for increments under rule 22 of the Uttar Pradesh Fundamental Rules.

14

27

(a) Power to grant premature incre-

Settlement and Revising Officers.

The exercise of this power is subject to the

   

ments of pay to ex-Settlement employees who hold substantively or otherwise a post in a Government office or in a non-Government office (such as Court of Wards), and are re-employed in a Settlement office.

 

following conditions:

(1) the number of premature increments does not exceed the number of completed years of service rendered in a previous settlement in the same class of post or in a higher class of post than the one in which the government servant is re-employed;

       

(2) the number of such premature increments does not exceed four.

       

(3) the initial pay does not exceed the maximum of the time-scale of the post.

   

(b) Power to grant premature increments to ex-Settlement employees not covered by (a) above, provided their past service really merits this concession.

Settlement and Revising Officers.

The exercise of this power is subject to the following conditions:

(1) the number of premature increments does not exceed the number of years of previous Settlement service;

       

(2) the previous Settlement service is not less than two years;

       

(3) the number of premature increments does not exceed four;

       

(4) the initial pay does not exceed the maximum of the time-scale of the post.

   

(c) Power to grant premature increments to ex-

Settlement and Revising officers.

The exercise of this power is subject to the follow-

Settlement employees who, after having held a post in the Settlement Department in a substantive capacity, are transferred to, or re-employed after discharge in, a lower post in the same category of posts, otherwise than as a measure of punishment.

ing conditions: (1) the initial pay may be fixed at a stage in the time-scale of pay of the lower post equal to the pay which the official was last drawing in the higher post or if there is no such stage in the scale of pay of the lower post then his pay should be fixed in the next lower stage plus a personal pay equal to the difference between the pay last drawn in the higher post and the stage in the lower post at which his pay is fixed;

       

(2) the total pay in the lower post does not exceed the maximum pay of the post; (3) service in seasonal posts such as field amins, etc. is not taken into account if persons holding such posts are re-employed in clerical posts in the Settlement, but it may be taken into account if such persons are re-employed in field posts;

(4) the approval of the Settlement Commissioner is obtained in each case.

15

33

Power to fix within certain limits the pay of a government servant

(1) Departments of the Government.

Full power in respect of non-gazetted government servants only.

   

officiating in a post the pay of which is personal.

   
     

(2) Heads of departments.

Full power in respect of non-gazetted government servants subordinate to them.

16

35

Power to reduce the pay of an officiating government servant.

Any authority who has power to make an officiating appointment to the post.

Full power.

17

36

Power to make officiating arrangements in the place of medical officers and subordinate s deputed to undergo training at the X-ray Institute, Dehra-Dun.

Director of Medical and Health Services.

Full power in cases where the arrangements do not involve the posting of a member of the Uttar Pradesh Medical Service.

   

Power to make officiating arrangements in

The Inspector-General of Police.

Full power.

   

the place of sub-inspectors of police deputed to undergo training in the Criminal Investigation Department, and Intelligence Department.

   
   

Power to make officiating arrangements in the place of sub-Inspectors of police deputed to the reserve lines to undergo their annual training with the training section.

The Inspector General of Police.

Full power.

   

Power to make acting promotions in the place of non-gazetted police officers deputed for railway training.

The Inspector General of Police.

Full power.

   

Power to make officiating arrangements in place of medical officers in-charge of travelling dispensaries during the course of their training for Licentiate in Public Health.

The Director of Medical and Health Services.

Full power in cases where the arrangements do not involve any extra cost to the Government.

18

36

Power to make acting promotions in place of the Sub-inspectors of the armed police deputed for refresher courses to either the Police Training College, Moradabad, or to any other selected centre, as for instance, Range Headquarters.

Inspector General of Police.

Full power.

19

40

Power to fix the pay of a temporary post which will probably be filled by a government servant.

Any authority who has power to create a temporary post on the pay fixed.

Full Power.

20

46(a)

Power to permit a government servant to perform a specified service or series of services for a private person or body or for a public body, including a body administering a local fund and to receive as remuneration thereof, if the service is material, a non-recurring or recurring fee.

Departments of the Government.

Full power but in respect of a recurring fee, up to a limit of Rs. 100 per mensem for a period not exceeding one year.

21

46(a)

Power to sanction the acceptance of fees,

(1) Inspector General of Police.

Full power in respect of a recurring fee not

   

from a source other than the State revenues, by members of the Police force or clerical staff for clerical staff for doing outside the scope of their ordinary duties, the clerical work and the maintenance of accounts of cooperative societies.

(2) Deputy Inspector General of Police, Criminal Investigation Department / Intelligence Department, U.P. Lucknow.

(3) The Superintendent, Government Railway Police, Allahabad.

(4) The Principal, Police Training College, Moradabad.

exceeding Rs. 10 per month in each individual case.

     

(5) All Superintendents of Police in-charge of districts in the Uttar Pradesh.

 
     

(6) The Commandant, Uttar Pradesh Provincial Armed Constabulary, Sitapur.

 

22

49

Power to appoint a government servant to hold temporarily or to officiate in more than one post, and to fix the pay of subsidiary posts, and the amount of compensatory allowances’ to be drawn.

Departments of the Government.

Up to a period of three months provided that they have power to appoint a government servant permanently to each of the posts concerned. The amount of additional pay allowed shall be subject to the limits laid down in the orders of the Governor under this rule.

22-A

49

Power to appoint a government servant to hold temporarily or to officiate in more than one post, and to fix the pay of subsidiary posts, and the amount of compensatory allowances to be drawn.

Heads of departments.

Up to a period of three months, provided that they have power to appoint a government servant permanently to each of the posts concerned. The amount of additional pay allowed shall be subject to the

       

limits laid down in the orders of the Governor under this rule.

23

49

Power to appoint a government servant to hold temporarily or to officiate in more than one post and to fix the pay of the subsidiary posts and the amount of compensatory allowances to be drawn.

District and Sessions Judges.

Up to a period of three months in the case of ministerial and inferior government servants provided they have power to appoint a government servant permanently to each of the posts concerned. The amount of additional pay allowed shall be subject to the limits laid down in the orders of the Governor under this rule.

24

49

Power to appoint a government servant to hold temporarily or to

District Officers

Up to a maximum period of three months, provided that–

   

officiate in more than one post and to fix the pay of the subsidiary posts and the amount of compensatory allowance to be drawn.

 

(a) they have power to make permanent appointment to both the posts, and

(b) the amount of additional pay allowed shall be subject to the limits laid down in the orders of the Governor under this rule.

25

Orders 1, 2(a) and 3 of the Governor under rule 54.

Power to waive the recovery of, or write off, the additional pay drawn by a government servant who has received promotion on the suspension or dismissal of another government servant who upon reconsideration or appeal has been reinstated.

Departments of the Government, Heads of departments and subordinate revising and appellate authorities.

Full power. Up to a limit of Rs. 500 in each case, provided that the period involved does not exceed six months.

26

56(a)

Power to retain government servants in service after the age of 58 years.

(1) Departments of the Government.

(2) Authority competent to fill the post, if vacant.

(1) Full Power.

(2) Full power, provided that no government servant is retained in service beyond the age of 60 years.

27

56

Power to grant a three months’ extension of service to an engineer who has attained the age of 58 years.

Public Works Department of the Government, Buildings and Roads and Irrigation Branches.

Full Power.

28

73

Power to extend leave.

The Authority who granted the leave.

Full power. If the government servant is no longer under the administrative control of the authority who granted the leave, the authority, to whose control he has been transferred and who has power to

       

grant leave will exercise full power.

29

Note under rule 89.

Power to decide the period of leave on unrestricted average pay which may be taken by a government servant transferred to a vacation department with leave at his credit.

Departments of the Government.

Full power.

30

110(c)

Power to sanction transfer to foreign service in India.

(1) Departments of the Government.

(1) Full power.

     

(2) Heads of departments, except Secretaries to Government, and District and Sessions Judges.

(2) Full power to transfer to foreign service within Uttar Pradesh in the case of gazetted government servants, and within or beyond Uttar Pradesh in the case of non-gazetted government servants, in cases

       

where they have power to appoint or transfer in the ordinary course of administration.

31

125

Power to decide the date of reversion of a government servant returning after leave from foreign service.

(1) Departments of the Government.

(1) Full power.

     

(2) All heads of departments.

(2) Full power in respect of ministerial servants belonging to their offices and offices subordinate to them.

     

(3) Commissioners of divisions.

(3) Full power in respect of ministerial servants belonging to their offices and to district offices within their divisions.

32

Rule 11 of the Rules in the Schedule to the Uttar Pradesh Fundamental Rules.

Power to decide the domicile of any government servant at the time of his appointment by the State Government.

Departments of the State Government.

Full power.

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