9. Unless there be something repugnant in the subject or context, the terms defined in this chapter are used in the sense here explained:

(1) The Act means the Government of India Act, 1935.

(2) Except as provided otherwise in this subrule, average pay means the average monthly pay earned during the 12 complete months immediately preceding the month in which the event occurs which necessitates the calculation of average pay:

Provided that—

In respect of any period spent on deputation out of India which has been declared by the Government to be under quasi-European conditions the pay which the government servant would have drawn if on duty in India shall be substituted for the pay actually drawn.

Exceptions—1. For the purpose of calculating the leave salary admissible to government servant recruited on or after 1st January, 1931, and before 1st January, 1936, the term "average pay" means either the average of the monthly pay earned during the three complete years immediately preceding the month in which the leave is take or the average substantive pay of the government servant during the 12 complete months immediately preceding the month in which the leave is taken, whichever is greater.

2. For the purpose of calculating the leave salary admissible to government servant recruited on or after 1st January, 1936, the term "average pay" is defined in the explanation given under rule 87-A.

Audit instruction regarding rule 9 (2)

1. According to the definition of "average pay" in this rule the average is to be taken of the monthly pay earned during the 12 complete months immediately preceding the month in which the leave is taken and for this purpose "the 12 complete months immediately preceding" should be interpreted literally. Thus, a government servant who has been on leave from 23rd March, 1922 to 22nd July, 1922, inclusive, is granted leave from 4th February, 1923. His average pay should be calculated on the pay earned for the periods 1st February, 1922 to 22nd March 1922, and 23rd July 1922 to 31st January, 1923. If, however, a government servant happens to be on leave for more than 12 months immediately preceding the date on which he takes leave under the Fundamental Rules, then the average should be taken of the monthly pay earned during the 12 complete months immediately preceding the month in which the leave originally commenced.

1-A. A civil government servant belonging to the India Army Reserve of Officers when called to Army service, or such a government servant belonging to the Indian Territorial Force while undergoing training with the force, is not a ‘military officer’ as defined in Fundamental Rule 9(16) (b)* and in his case ‘pay’ as defined in Fundamental Rule 9(21)[* * * ] does not include ‘rank pay’ received during the period of his Army service or training. In such cases the pay which the government servant would have received if he had not been called to Army service or training, and not the ‘rank pay’ actually drawn during the period, should be taken into account for purposes of calculating leave salary based on average pay under the Fundamental Rules.

2. In the case of a government servant on foreign service out of India lasting for more than 12 months who on reversion to Government service immediately takes leave under the Fundamental Rules, the calculation of average pay in respect of leave earned while in Government service should be based on the pay drawn by him during the 12 complete months preceding the month in which he was transferred to foreign service.

3. In the case of government servant of a vacation department, the vacation falling in the period of 12 complete months immediately preceding the month in which leave is taken should be treated as duty under Fundamental Rule 82 (b) and the emoluments drawn by the government servant during the vacation should be treated as pay drawn on duty, and should therefore be taken into account in determining his leave salary during the succeeding leave.

3-A. In the case of a government servant of a vacation department both prefixing and suffixing leave to a vacation, the leave-salary for the leave affixed should be calculated on the emolument drawn by the government servant during the twelve complete months preceding the commencement of his leave prefixed to the vacation.

3-B. In order to determine the pay which a government servant would have drawn, if on duty in India for the purpose of the proviso to Fundamental Rule 9 (2), vacation should be treated as equivalent of leave on average pay for the purposes of this proviso.

3-C. For an interpretation of the expression "pay which the government servant would have drawn if on duty in India" in the proviso to Fundamental Rule 9(2), see paragraph 2 of the Audit Instructions regarding Fundamental Rules 50 and 51.

4. The term "month" in this rule means "calendar month" as in rule 9(18).

5. Any Period of joining time taken either under clause (b) or under clause (c) of rule 105 during the preceding 12 month should be ignored in calculating average pay, as no "pay" is drawn in respect of such joining time.

(3) Barrister means a practicing barrister of England or Northern Ireland or a practicing member of the Faculty of Advocates in Scotland. It dose not include a person who, though called to the Bar, has never practiced the profession of barrister.

(4) Cadre means the strength of a service or a part of a service sanctioned as a separate unit.

(5) Compensatory allowance means an allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance.

Audit instruction regarding rule 9(5)

The allowance granted to professors of medical colleges who are denied the privilege of private practice should be treated as compensatory allowance.

(6) Duty—(a) Duty includes—

* In Part 1 of this Volume

(i) Service as a probationer or apprentice, provided that, except as otherwise provided in the special rules applicable to an appointment or service, such service is followed by confirmation.

(ii) Joining time.

(iii) Extra leave on average pay granted to a government servant undergoing treatment at an anti-rabic treatment centre.

(b) The Governor may issue orders declaring that, in circumstances similar to those mentioned below, a government servant may be treated as on duty:

(i) During a course of instruction or training in or outside India.

Order of the Governor regarding rule 9 (6) (b) (i).

Whenever government servants who are members of the Territorial army are called up for military duty in aid of civil power or for supplementing or supporting the regular armed forces during actual war, or are permitted to attend a coures of instruction, their absence from their offices should be treated as duty for the purpose of civil leave and pension. If a government servant is on an incremental scale of pay, he will count his military service for increments in the time-scale of pay applicable to him in his civil post and also towards civil pension, in the same way as if he had put in that period of service in his appointment.

(ii) In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of the Government on passing through a course of training at a university, college or school in or outside India, during the interval between the satisfactory completion of the course and his assumption of duties.

(iii) When a Government servant after reporting for duty has compulsorily to wait for taking charge of a post for which he is in no way responsible, during the interval between the date of such report and the date on which he takes charge of his duties.

(iv) In the circumstances and subject to conditions stipulated in Fundamental Rules 83 and 83-A for the first six months of disability and their after provisions of aforementioned rules shall apply.

(For rules made by the Governor under this rule, see Part III of this volume, Chapter II.)

Orders of the Governor under rule 9 (6)

Mr. N, an executive engineer, while officiating as superintending engineer, was granted leave on average pay on medical certificate for 4 months and 12 days expiring on 25th August, 1924. After receipt of a medical certificate of fitness, the question of his posting was taken up on the 16th August, 1924, and it having been finally decided to post him as officiating superintending engineer, orders for his posting were issued on the 26th September, 1924. Mr. N, joined duty on the forenoon of the 4th October, 1924. The question arose how the period 26th August, 1924 to 3rd October, 1924, should be treated.

The circumstances of the case are similar to those referred to in Fundamental Rule 9 (6) (b) (iv) in as much as in both cases the essential point is the compulsory waiting by the government servant concerned for orders of Government posting him to a particular post. Accordingly, the Central Government with the concurrence of the Auditor General, ordered that the period of waiting in the case of Mr. N, and in other similar cases should be treated as duty as in the case mentioned in Fundamental Rule 9 (6) (b) (iv). The Governor has decided that the above ruling shall also apply to government servants under his rule-making power.

Order of the Governor under Fundamental Rule 9(6) (a)

The probationary service of ex-soldiers enlisted in the Police department will counts as duty.

Audit instructions regarding rule 9(6)

1. (a) The term "probationer" in Fundamental Rule 9(6) (a) (i) does not cover a government servant who holds substantively a permanent post in a cadre and is merely appointed on "probation" to another post. Such a government servant not being a probationer, the proviso in Fundamental Rule 9(6) (a) (i) does not apply to him, and the service rendered by him is duty for all purposes of the Fundamental Rules without any restriction or limitation.

(b) 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.

(c) The status of a probationer is to be considered as having the attributes of a substantive status except where the rules prescribe otherwise.

2. Propriety of reckoning leave as ‘duty’ for the purposes of the Fundamental Rules—No leave can be treated as duty for the purpose of Fundamental Rules 61* or for the purpose of any other Fundamental Rule unless the contrary is expressly stated therein.

(6-A) Fee means a recurring or non-recurring payment to a government servant from a source other than the Consolidated Fund of State or the Consolidated Fund of India, whether made directly to the government servant 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 the government servant in the course of his service.

(This amendment shall be deemed to have come into force with effect from April 6, 1974).

(7) Foreign service means service in which a government servant receives his substantive pay with the sanction of the Government (a) from any source other than the revenues of the Central or of a State Government or the Railway Board; or (b) from a company working a State railway.

(7-A) Government, unless the contrary is evident from the context, means "the Government of Uttar Pradesh."

* In Part I of this Volume.

(7-B) Government servant for purposes of these rules, means a person appointed to a civil post or a civil service under the State Government in India, and serving in connexion with affairs of the Uttar Pradesh, whose conditions of service have been or may be prescribed by the Governor under section 241 (2) (b) of the Act.

NOTE—In the case of Subsidiary Rules made under these rules and under the Fundamental Rules in Part I this expression also all servants of the late secretary of State Services under the control of the Government to whom the Subsidiary Rules may be made applicable.

(7-C) Governor means the Governor of Uttar Pradesh.

(8) Subject to the provisions of section 136 of the Act—

(i) Revenues of the Federation include all revenues and public moneys raised or received by the Federation. Until the Federation is established, the term "revenues of the Federation" shall mean the Central revenues.

(ii) Revenues of the Province include all revenues and public moneys raised or received by the Uttar Pradesh Government.

(9) Honorarium means recurring or non-recurring payment granted to a government servant from the Consolidated Fund of a State or the Consolidated Fund of India as remuneration for special work of an occasional character.

(10) Joining time means the time allowed to government servant in which to join a new post or to travel to or from a station to which he is posted.

(11) Leave on average (or half or quarter average) pay means leave on leave-salary equal to average (or half or quarter average) pay, as regulated by rules 89 and 90.

(12) Leave salary means the monthly amount paid by the Government to a government servant on leave.

(13) Lien means the title of a government servant to hold substantively, either immediately or on the termination of a period or periods of absence, a permanent post, including a tenure post, to which he has been appointed substantively.

(14) Local fund means—

(a) revenues administered by bodies which by law or rule having the force of law come under the control of the 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 any body which may be specially notified by the Government as such.

Order of the Governor under rule 9 (14)

According to the decision given by the Government of India in consultation with the Comptroller and Auditor General of India in 1942, all Universities established by law are within the meaning of definition given in clause (a) above.

(15) [ * * *

(16) [* * *]

(17) Ministerial servant means a government servant of a subordinate service whose duties are entirely clerical and any other class of government servant specially defined as such by general or special order of the government.

Orders of the Governor regarding rule 9 (17)

1. The assistant secretaries to the Government in the Civil and Public Works Secretariate have been declared to be ministerial servants.

2. The Registrar of the Board of Revenue has been declared to be a ministerial government servant if previous to his promotion he was a member of the ministerial establishment of the Board’s Office and not a member of the U. P. Civil Service.

3. The Deputy Registrar and the Assistant Registrar of the High Court at Allahabad [ * * * ] have been declared to be ministerial servants.

4. Partition amins have been declared as ministerial servants.

(18) Month means 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.

Audit instruction regarding rule 9(18)

In calculating a period of 3 months and 20 days from January 25, 3 months should be taken as ending on April 24, and the 20 days on May 14. In the same way the period from January 30 to March 2, should be reckoned as 1 month and 2 days because one month from January 30, ends on February 28.

A period of one month and 29 days commencing from the 1st January will expire, in an ordinary year (in which February is a month of 28 days) on the last day of February, because a period of 29 days cannot obviously mean to exceed a period of full calendar month and leave for two months from 1st January would end on the last day of February. The same would be the case if February were a month of 29 days or if the broken period were 28 days (in an ordinary year).

(19) Officiate—A government servant officiates in a post when he performs the duties of a post on which another person holds a lien. The Government may, if they think fit, appoint a government servant to officiate in a vacant post on which no other government servant holds a lien.

(20) Overseas pay means pay granted to a government servant in consideration of the fact that he is serving in a country other than the country of his domicile.

Orders of the Governor regarding the drawal of overseas pay under rule 9(20)

1. Where it is provided in the rules regulating conditions of appointment to any service or post, that the pay of the service or post shall include overseas pay, such overseas pay shall, unless it be otherwise expressly provided in such rules, be drawn only by a member of the service or an incumbent of the post whose domicile at the date of his first substantive appointment to such service or post was elsewhere than in Asia. Provided that no such government servant shall be entitled to overseas pay who, prior to such appointment, has, for the purpose of his appointment to a post under the Government or of the conferment upon him by the Government of any scholarship, emoluments or other privilege, claimed and been deemed to be of Indian domicile.

2. (i) The domicile of a person shall be determined in accordance with the provisions set out in the schedule* to these rules.

(ii) No government servant who after his appointment to a service or post acquires a new domicile shall thereby lose his right to or become entitled to overseas pay.

(iii) A government servant who has been drawing overseas pay in good faith and whose domicile is challenged should receive a personal allowance equal to the amount of overseas pay hitherto drawn, the allowance to be absorbed in increments, from the date when his domicile is questioned, and should continue to enjoy such allowance in the event of an eventual adverse decision.

(21) Pay means amount drawn monthly by a government servant as—

(i) the pay, other than special pay or pay granted in view of his personal qualifications, 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, technical pay, special pay and personal pay, and

(iii) any other emoluments which may be specially classed as pay by the Governor.

Orders of the Governor under rule 9(21) (iii)

Judicial pay and language pay have been declared to be pay.

Audit instructions regarding rule 9(21)

1. If language allowances are lump sum allowances, they will be dealt with under rule 46. If they are recurring payment, they will fall under the head "pay" under rule 9(21).

2. [ * * * ]

3. Pay drawn by civil government servants belonging to the India Army Reserve of Officers when called to Army Service or those belonging to the Indian Territorial Force while undergoing training with the Force.

See audit instruction no. 1-A regarding Fundamental Rule 9(2).

(22) Permanent post means a post carrying a definite rate of pay sanctioned without limit of time.

* See pages 164 to 166 of this Part.

(23) Personal pay means additional pay granted to a government servant—

(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.

Orders of the Governor regarding rule 9(23) (b)

1. No application for the grant of a compensatory personal pay should be entertained unless—

(a) the government servant’s service has been consistently satisfactory and has been of a character superior to what is ordinarily excepted of the incumbent of the appointment:

(b) the government servant is fit for promotion but there is no possibility of giving him any advancement in the near future; and

(c) the government servant has been at least five year on the same pay or if his pay is progressive, on the maximum pay of his appointment.

The mere fulfillment of the conditions mentioned above should not be regarded as securing a personal pay to a government servant as a matter of course, the purpose of the conditions being to enable obviously weak claims to be summarily rejected. No case for personal pay will be considered by the Government which is not of an entirely exceptional character.

2. The maximum of a grade is definitely fixed as being the maximum pay which it is justifiable to give to a man performing the duties of the post. The fact that one man, owing perhaps to luck in promotion, reaches the maximum of his grade some years before he is due to retire is not in itself a sufficient reason for increasing that maximum by the grant of personal pay. On the other hand, there is every reason why no personal pay should be given, because a man who reaches the maximum of his grade earlier than was intended when the grade was fixed should consider himself fortunate in being able to draw the maximum for so long a period in his service.

(24) Presumptive pay of a post, when used with reference to any particular government servant, 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 servant performs or discharges the work or responsibility, or is exposed to the unhealthy conditions, in consideration of which the special pay was sanctioned.

Audit instruction regarding rule 9 (24)

The first part of the definition is intended to facilitate the use of the term in relation to a government servant who has been absent from post for some time but still retains a lien on it.

(25) Special pay means an addition of the nature of pay, to the emoluments of a post or of a government servant, granted in consideration of—

(a) the specially arduous nature of the duties; or

(b) a specific addition to the work or responsibility.

(This amendment shall be deemed to have come into force with effect from April 1, 1979).

Audit instruction regarding the calculation of special pay in certain cases

When special pay has been sanctioned in the form of a portion or percentage of pay in the ordinary line and the pay in the ordinary line includes an element of sterling overseas pay, such special pay should be determined as follows:

(a) the special pay is admissible on the sterling overseas pay as well as on the rupee basic pay;

(b) the special pay must be expressed and drawn wholly in rupees;

(c) the sterling overseas pay should, for the purpose of calculating the special pay, be converted into rupees at the rate of 1 s. 6 d. to the rupee.

Orders of the Governor regarding rule 9 (25)

1. There is no inter-dependence between special pay and compensatory allowance; they are essentially different. Where the cost of living, for example, would justify the grant to a government servant of a compensatory allowance he should not be rendered ineligible for such allowance simply because he has already been granted special pay in recognition of the duties and responsibilities of the post; and, if the attachment of special pay to a post is justified under the terms of these rules, it should not be subject to reduction because for reasons substantially different a compensatory allowance as defined in rule 9 (5) is subsequently granted.

2. In order that the Accountant General may see whether additions to pay, such as special pay and compensatory allowance, have been correctly classified, the reasons for granting such additions should be briefly recorded in the order conveying the sanction. Where it is not advisable to record the reasons in an open letter the reasons should be communicated confidentially to the Accountant General.

3. The following principles are laid down to govern the grant of special pay:

(1) (a) Special pay should be granted only when the conditions laid down in this rule apply strictly. It should not be given merely for the purpose of improving the prospects of a service or for the purpose of serving as a substitute for, or as an addition to, a selection grade of pay.

(b) The posts in the ordinary time-scale of a service will naturally vary in intensity and responsibility, but this is no ground ordinarily for granting special pays to the holders of the heavier charges. If owing to circumstances a junior government servant has to hold one of the more responsible regular charges, he is thereby given an opportunity or proving his fitness for higher posts.

(c) The placing of a government servant on special duty does not necessarily mean that his work becomes specially arduous or so increased in quantity and responsibility as to justify special pay. A government servant’s posting is in the hands of the Government and he has no right to refuse a post which the Government in the cause of the public service allots to him. This applies also to government servants transferred by agreement between two Governments from one Government to another. A protest against a posting should be formally admitted only on the ground of loss of pay or prospects and even on these grounds the Government is the final arbiter.

(d) A comparison between the circumstances of one government servant and another or of one service and another should not necessarily be accepted as an argument for the grant or for the enhancement of special pay.

(2) It is not permissible to grant special pay because a place lacks amenities. Nor does a change of duties necessarily can note an increase of work or responsibility.

(26) * * *

(27) Subsistence grant means a monthly grant made to a government servant who is not in receipt of pay or leave-salary.

(28) Substantive pay means the pay other than special pay, personal pay or emoluments classed as pay by the Governor under rule 9(21) (iii), to which a government servant is entitled on account of a post to which he has been appointed substantively or by reasons of his substantive position in a cadre.

(29) Technical pay means pay granted to a government servant in consideration of the fact that he has received technical training in Europe.

(30) Temporary post means a post carrying a definite rate of pay sanctioned for a limited time.

(30-A) Tenure post means a permanent post which an individual government servant may not hold for more than a limited period.

NOTE — In case of doubt the Government may decide whether a particular post is or is not a tenure post.

(31) (a) Time-scale pay means pay which, subject to any conditions prescribed in these rules, rises by periodical increments from a minimum to a maximum. It includes the class of pay formerly known as progressive.

(b) Time-scales 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.