CHAPTER II—Definitions

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

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7. Accountant General includes "Auditor General" and "Comptroller".

8. Active Service includes besides time spent on duty in India.

(i) .............................................

(ii) ............................................

(iii) ...........................................

(iv) For purposes of pension, the period of absense from India of an officer deputed or detained out of India on duty.

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10. Cancelled.

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14. Age—When an officer is required to retire on attaining a specified age, the day on which he attains that age is reckoned as a non-working day, and the officer must retire ....................... with effect from and including that day ......................

Decision of the Government of India

"In the case of an officer whose year of birth is known, but not the exact date, the 1st July should be treated as the date of birth. Similarly if only the month and year of birth be known, the 16th of the month is taken as the exact date of birth."

(Government of India, Finance Department No. 7455–P, dated December 24, 1907.)

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18. Calendar Month—The following examples show how a period stated in calendar months should be calculated :—

Examples—A period of six calendar months

23–AA. Deputation (duty) allowance is an allowance given, in addition to pay or salary, to an officer deputed on special temporary duty when such duty involves a decided increase of work or responsibility in comparision with the duties of his regular appointment (See Articles 76–C, 77 and 81).

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28. General Revenues for the purposes of pension include state Revenues ...

NOTE—Not printed.

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29–A. Heads of Departments—The term includes the officers mentioned in Statement I of Part IV of Financial Handbook, Volume II.

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33. Local Fund—The expression "Local Fund" denotes—

(1) Revenue administered by bodies which by law or rule having force of law come under the control of Government whether in regard to the proceedings generally, or to specific matters such as the sanctioning of their budgets, sanction to the creation or filling up of particular appointments, the enactment of leave, pension or similar rules ;

(2) the revenues of any body which may be specially notified by the State Government.

34. State Government—means the Government of any ‘State’ as defined in the General Clauses Act, 1897. But for the purpose of these Regulations, the term also includes, in so far as they exercise the powers of a Local Government, the Departments and officers who are shown in Part III of the Appendix referred to as exercising these powers in full or in part.

35. (a) Military Officers—A Military Officer subject to the Civil Leave Rules means a Military Commissioned Officer in permanent Civil employ who is not subject to the British Army Leave Rules.

1. A Military Officer who entered the Indian Army or the Indian Medical Service after the 31st December, 1875, or was subject, previous to his entering Civil employee to the Indian Army Leave Rules (1886), becomes subject to the Civil Leave Rules from the date of first substantive appointment in the Civil Department, or from the date of completion of three years’ continuous officiating service in the Civil Department, whichever may be earlier. For the purpose of reckoning the three year’s officiating period, the following may be included :

(a) any period of employment of an officer in Foreign Service, if he has been transferred to such service direct from Civil employ ;

(b) any period of privilege leave.

Furlough or leave other than privilege leave does not count towards the three years’ period, but it does not operate as a break cancelling past officiating service for the purposes of this rule, unless the officer has to revert to military employ in order to obtain such furlough or leave.

2. A continuous service Royal Engineer Officer becomes subject to the Civil Leave Rules from the date of entry into permanent Civil employ if it is subsequent to the date of his election for continuous Indian Service, or from the date of such election if it is subsequent to the entry into permanent Civil employ. A non-continuous service Royal Engineer Officer becomes subject to the Civil Leave Rules, if he elects these rules, from the date of entry into permanent Civil Employ if it is subsequent to the date on which he completes five years’ Indian Service or from the date of completion of five year’s Indian Service if it is subsequent to the entry into permanent Civil employ.

4. A military Officer in the Army Secretariat of the Government of India, and a Military Officer appointed from Military employment to be Private Secretary to a Lieutenant-Governor, are not in Civil employ.

5. A Military Officer does not come under the Civil Leave Rules by reason of his being transferred to an appointment in the Civil Department of which the tenure is limited to a definite period. Such officers remain subject to the Military Leave Rules, except as regards privilege leave. (See Article 241).

6. When a Military Officer subject to the Civil Rules is temporarily deputed to the Military Department, but retains a lien on his appointment in the Civil Department, the period of his deputation qualifies for leave under the Civil Rules.

7. An officer of the Indian Medical Service who is subject to the Civil Leave Rules becomes subject to the Military Leave Rules on promotion to the rank of Colonel or Surgeon-General.

(b) A ‘Military Officer subject to the Military Leave Rules’ means a Military Commissioned Officer in Permanent Civil Employ who is subject to the British Army Leave Rules, a Departmental Commissioned Officer, a Commissioned Officer of the Indian Subordinate Medical Department, or a Warrant Officer. Such an officer is not included in the term "an officer" used in the Leave Rules.

NOTE—The term ‘Military Commissioned Officer’, when used in these Regulations, does not include a Departmental Commissioned Officer, or a Commissioned Officer, or a commissioned Officer of the Indian Subordinate Medical Department, or a Warrant Officer.

(c) The term ‘all Military Officers’ means both Military Officers subject to the Civil Leave Rules, and Military Officers subject to the Military Leave Rules.

36. Ministerial Officer means an officer, whether gazetted or not, whose duties are not of an administrative or executive character, but who is employed as a member of an office establishment.

Examples—An Accountant, or a Clerk is a Ministerial officer. A Tahsildar, a Police Inspector or Constable, or Teacher in a school is not a Ministerial officer.

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38. Pay and Salary :

(a) "Pay" means "monthly substantive pay". It includes also "overseas allowance" and "technical allowance".

(b) For the purposes of the Leave Rules in Chapter XIII, "Pay" includes also the Subssistence allowance of a member of the Indian Civil Service or a Military Officer subject to the Civil Leave Rules who has an officiating but not a substantive appointment.

(c) "Salary" means the sum of pay and acting allowance, or charge allowance under Article 94 of Chapter VIII.

1. Personal allowance is treated, for the purposes of calculating leave allowances and pensions, as part of an officer’s substantive pay, but not for purposes of travelling allowance, unless it has been granted to protect from loss an officer, the pay of whose appointment has been changed.

2. The allowances of an officer holding conjointly with another office a Professorship or Lecturership in any Government institution, are part of his salary.

3. "Salary" does not include a local allowance, deputation (local) allowance, house-rent, tentage, or travelling allowance, whether daily, monthly or yearly.

4. The charge allowances admissible to Inspectors and Charge Clerks, Indo-European Telegraph Department, are part of their salary.

5. The good-conduct allowance of policement is treated as salary for the purpose of calculating leave allowances, but not pension.

6. Deputation (duty) allowances and duty allowances are treated as salary for the purpose of calculating leave allowances and are included in the term "emoluments" for calculating pensions.

NOTE—These definitions do not necessarily apply to the Statutory Rules under Articles 543, 567, etc.

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40 (a) The "Pay of an officer" is—in the case of an officer with a substantive appointment the amount which he would receive monthly under any of the following designations, in his substantive appointment :—

Military pay and allowances and Staff Salary.

Indian Army Pay and Staff Salary.

Substantive pay.

Consolidated pay.

(b) In the case of an officer without a substantive appointment,.. is monthly subsistence allowance (if a member of the Indian Civil Service, a Statutory Civil Servant, or a Military officer subject to the Civil Leave Rules) and his Military pay and allowances or Indian Army pay (if a Military officer subject to the Military Leave Rules).

41. Pension—Except when the term "Pension" is used in contradistinction to Gratuity, "Pension" includes Gratuity.

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44–A. Cancelled.

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45. Rule of Proportion—Pension or........... are said to be chargeable according to the "Rule of Proportions" when the charge is debitable to several accounts in the proportions in which in the case of pension, the aggregate pay drawn by the officer during the whole of his qualifying service has been paid from them..............

NOTE—1. Duty allowances and deputation (duty) allowances should be included in pay or salary, as the case may be, for the purpose of this rule.

NOTE—2. Not printed.

NOTE— 3. If according to the Rule of Proportions the share of pension........... chargeable to one account does not exceed one rupee, no charge shall be made to this account and the share shall be borne by the account chargeable with the greatest share.

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46–A. State Government—See Article-34

47–Cancelled

48–Warrant officer A Departmental officer with honorary rank or Warrant Officer includes all Departmental officers with honorary rank and Warrant officers of all Indian Army Departments to whichever Military furlough rules they may be subject. These officers are :—

(a) Departmental officer with honorary rank—

(i) Commissary.

(ii) Deputy Commissary.

(iii) Assistant Commissary.

(iv) Senior Assistant Surgeon.

(b) Warrant Officer—

(i) Conductor.

(ii) Sub-Conductor.

(iii) Assistant Surgeon of the 1st, 2nd, 3rd or 4th class.