CIVIL SERVICE REGULATION

PARTS I, IV and X

(As adopted for application in Uttar Pradesh)

Reprinted Edition

[Corrected to March, 1998]

Published by :

Deputy Secretary & Joint Director, Publication,

Bhasha ( Parkashan) Vibhag,

GOVT. OF UTTAR PRADESH, LUCKNOW

1998

PREFACE TO THE FIRST EDITION

THIS is the first time that the Civil Service Regulations as adopted and applicable in Uttar Pradesh are being published. Originally the Regulations had been published by the Government of India in 1889 as a composite code covering all such aspects of the conditions of service of civil government servants as pay, allowances, leave and pension since then, separate rules have taken their place in regard to all other aspects than, pension. Also, the State Government, under the legislative powers subsequently acquired, have adopted and amended in their own way a number of provisions relating even to pensions. The present publication in thus a considerably altered version of the original book, consisting only of provisions relating to pensions as at present applying in this State. All corrections made up to April 30, 1970, have been incorporated.

2. The Regulations having originally been designed for application commonly to services under the Government of India and the local governments, a number of articles, clauses, sub-clauses and phrases used in the Regulations have no actual relevance so far as the services under the State Government are concerned, or have become obsolete by the passage of time. All such obsolete provisions and references have been omitted from print in this publication and indicated either by the entry "Not printed" or merely by blanks as it suited the occasion.

3. Old versions in respect of all provisions amended on or after January 1, 1961, have been reproduced below the foot-line at appropriate places to enable proper appreciation of the character and content of the recent changes, as also to make the old provisions readily available for study should a reference to them be needed in any context.

4. In order to make the publication useful an attempt has also been made to incorporate at appropriate places beneath relivant articles the more important decisions taken by the State government from time to time similarly, certain important decisions taken by the Government of India prior to April 1, 1937, have also been included, as these applied equally to local governments.

5. A brief ‘Historical Retrospect’ tracing in the evolutionary stages of Pension Rules has been added.

6. It is hoped that this publication will remove a long-felt need. This, along with the U.P. Liberalised Pension Rules Retirement Benefits Rules and Manual of Provident Fund Rules, which have been printed separately, will, it is further hoped, give to the government servants all provisions about retirement benefits in a convinient form.

7. These regulations would not have seen the light of the day but for the untiring efforts and keen personal interest of Sri S.P. Pande, Special Secretary, who was ably assisted by Sri S.D. Misra, Under Secretary. Both of them deserve a special word of thanks.

8. Any errors or omissions that may be noticed in this publication should be brought to the notice of the Secretary to Government in the Finance Department.

HISTORICAL RETROSPECT

THE Civil Service Regulations were first published by the Government of India on May 1, 1889, as a comprehensive code defining the conditions under which salaries, leave, pension and other allowances were to be earned by service in the civil departments and the manner in which they were to be calculated. Prior to that, there were separate Financial Codes on different subjects, of which the Pay and Acting Allowance Code had been first published on August 1, 1871, the Civil Pension Code on January 10, 1872, the Civil Leave Code on March 14, 1872 and the Civil Travelling Allowance Code on April 1, 1883.

2. After the enforcement of the Government of India Act, 1919, the Secretary of State in Council, in pursuance of the powers conferred by section 96-B thereof, framed an independent set of ‘Fundamental Rules’ in 1922 dealing with matters relating to pay and allowances and leave. The said Fundamental Rules conferred powers on the Governor General in Council and on Local Governments to issue subsidiary rules thereunder, and accordingly certain Subsidiary Rules were also framed. The local government of United Provinces, n exercise of delegated powers, further framed separate T.A. Rules in 1924. By the Government of India Act, 1935, Section 241(2)(b) the Governor was directly empowered with effect from April 1, 1937 the date on which Part III of the Act came into force, to make rules laying down conditions of service of persons serving in connection with the affairs of the Province. The Provincial Governments thereafter ceased to be mere delegates of the Secretary of State in Council. However, the old rules continued to remain in force under section 276 of that Act subject to any rules that may be made by the Governor under section 241. Accordingly the Provincial Government framed their separate Fundamental Rules in 1942. A great mass of provisions in the C.S.R. dealing with these matters was thus rendered inoperative, except in respect of pension and to a limited extent in the case of leave rules which were opted for by the then existing government servants. The provisions of the Civil Service Regulations pertaining to Pension have continued to remain in force with such amendments as have been made from time to time. Only one set of provisions namely, the one regarding extraordinary pensions, was, however, superseded by a separate set of rules.

"In exercise of the powers conferred by rule 4 of the Civil Services (Governors’ Provinces) Delegation Rules, 1926, the Government of the United Provinces are pleased to declare that, with effect from March 9, 1926, to the date of issue of this declaration, the existing rules specified in the margin as modified from time to time will apply to the provincial and subordinate services and officers holding special posts under the Government of United Provinces of Agra and Oudh.

2. After the issue of this declaration and pending the issue of the new rules under the Civil Services (Governors’ Provinces) Delegation Rules, 1926, the above rules, as existing on the date of the issue of this declaration with such modifications as may thereafter be made by the Local Government from time to time, will continue to apply to the services and posts mentioned above.

3. If under any of the provisions of the above rules the sanction of the Government of India or the Secretary of State is required, the sanction of the Local Government shall be considered to be adequate.

4. Members of the Provincial and subordinate services and officers holding special posts will subscribe to the General Provident Fund and other special provident funds administered by the Government of India as heretofore."

II. Finance (A) Department Notification no. A-5822/X—303, dated November 14, 1930 issued under the authority of the Civil Services [Classification, Control and Appeal] Rules (1930) :

"In supersession of paragraphs 1 to 3 of Notification no. A–2431/X—130, dated May 11, 1929, and with reference to rule 7 of the Civil Services (Classification, Control and Appeal) Rules (1930) and in exercise of the powers conferred by rules 41, 42 and 44 of the same rules the Government of the United Provinces are pleased to declare that, pending the issue of necessary rules of their own, the Fundamental Rules and the leave and pension rules in the Civil Service Regulations as issued and amended from time to time by the Secretary of State in Council or by the United Provinces Government in exercise of the power conferred on them by rule 4 of the Delegation Rules (1926) and the Subsidiary Rules under the Fundamental Rules, as issued and amended from time to time by the local Government shall, subject to the provisions of rule 9 of the said Classification, Control and Appeal Rules, apply to the members of provincial, subordinate and specialist services under the administrative control of the local Government unless a contrary intention is indicated in any rule or amendment.

2. Any powers vested by the above rule in the Secretary of State in Council, the Secretary of State, the Governor General in Council, or the Government of India shall, subject to the provisions of rules 12 and 45 of the said Classification, Control and Appeal Rules be exercised, in respect of members of the provincial, subordinate and specialist services by the local Government."

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III. Finance (G) Department Notification no. G-698/X—534(44), dated July 16, 1937, issued under the authority of section 241(2)(b) of the Government of India Act, 1935 :

"In exercise of the powers conferred by section 241(2)(b) of the Government of India Act, 1935, the Governor of the United Provinces is pleased to declare that any amendment made by the Secretary of State to the Fundamental Rules and the leave and pension rules in the Civil Service Regulations, which were in force immediately before commencement the Part of the III of the said Act, in accordance with the declaration made in Notification no. A–5822/X—303, dated November 14, 1930, and which continue to remain in force under section 276 of the said Act, shall, subject to the provisions of sub-section 3 (a) of section 241 of the Act, be deemed to have been made by the Governor under sub-section (2) (b) of that section, until other provision is made under the appropriate provisions of the Act."

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IV. Further continuity from January 26, 1950, onwards has been provided for by Article 313 of the Constitution of India.

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vk’kk gS fd ;Fkkla’kksf/kr :i esa izLrqr ;g laLdj.k lHkh lEcfU/kr ds fy, dk;Z lapkyu esa mi;ksxh fl) gksxkA

PART I—PRELIMINARY :

PART IV—ORDINARY PENSIONS :

PART X—PROCEDURE RELATING TO PENSIONS :