105. Joining time may be granted to a government servant to enable him—

(a) to join a new post to which he is appointed while on duty in his old post, or directly on relinquishing charge of that post; or

(b) to join a new post—

(i) on return from leave on average pay of not more than four months’ duration, or

(ii) when he has not had sufficient notice of his appointment to the new post, on return from leave other than that specified in sub-clause (i); or

(c) to travel from the port of debarkation or, in the case of arrival by aircraft, from its first regular port in India, and organize his domestic establishment when he returns from leave out of India of more than four months’ duration; or

(d) (i) to proceed from a specified station to join a post in a place in a remote locality which is not easy of access;

(ii) to proceed on relinquishing charge of a post in a place in a remote locality which is not easy of access to a specified station.

Exception—In the case of government servants recruited on or after January 1, 1936, the term "leave on average pay of not more than four months duration" in clause (b)(i) of this rule shall be taken to mean "earned leave not exceeding one hundred and twenty days" and the term "four months" in clause (c) shall be taken to mean "90 or 60 days as the case may be."

Audit instructions regarding rule 105

1. If a government servant is authorised to make over charge of an office elsewhere than at its headquarters, any joining time to which he may be entitled shall be reckoned from the place at which he actually makes over charge.

2. The intention of sub-clause (i) clause (b) of this rule is that joining time should be allowed to those government servants who are granted privilege leave or leave on average pay for not more than four months, or those who are granted privilege leave up to a maximum of six months under the special war concession, and who are transferred to a new station on the termination of such leave.

3. If vacation is combined with leave, joining time should be regulated under clause (b)(i) of this rule if the total period of vacation and leave on average pay with which vacation may be combined is of not more than four months’ duration and under clause (c) if otherwise.

4. In the case of a government servant who is appointed while on leave (whether spent in India or out of India) on average pay of not more than four month’s duration to a post other than that from which he took leave, the full joining time calculated under Subsidiary Rule 174 in Part III is admissible, irrespective of the date on which the orders of transfer were received by the government servant concerned. Should the government servant join 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.

If, in any case, the government servant desires not to avail himself of the full joining time admissible, the periods of leave and joining time should be adjusted with reference to such option.

5. Joining time under clause (c) of this rule is reckoned from the date of debarkation at an Indian port. Colombo is not regarded as an Indian port for this purpose.

6. Joining time under Fundamental Rule 105(c) is admissible to government servant for organizing his domestic establishment even if he does not make any journey from the port of debarkation.

7. The time reasonably required for the journeys between the place of training and the station to which a government servant is posted immediately before and after the period of training should be treated as part of that period. This ruling is not intended to apply to probationers holding ‘training posts’ which they may be considered as taking with them on transfer. Such probationers are in entitled to joining time when transferred.

Orders of the Governor under rule 105

1. A government servant of the Central or another State Government who is appointed to a post under the Uttar Pradesh Government while on duty in his old post but who joins his new post after termination of his employment under the Central or another State Government, as the case may be, by resignation or otherwise should be allowed no joining time, or joining time pay, except when the employment of a particular servant is in the wider public interest.

2. In the ease of Government servants appointed under the Uttar Pradesh Government on the results of a competitive examination which is open both to government servants and others or as a result of selection after interview—

(a) joining time should ordinarily be permitted for all government servants serving under the Uttar Pradesh Government and for government servants of the Central and other State Governments who hold permanent posts in a substantive capacity, and

(b) no joining time pay should be granted except when the government servant holds a permanent post under Government (including the Central and other State Governments) in a substantive capacity.

Orders of the Governor regarding rules 105(a)

1. Provincial Medical officers who attend a post-graduate course at the King George’s Medical College, Lucknow, or any other course of training are not entitled to full joining time for journeys either to join the post-graduate course or at its end, but can, according to audit instruction no. 7 regarding this rule, be allowed only the period actually required for journeys (without days for preparation) and that period should be treated as part of their training period. The Governor has, however, decided that if an officer is posted at the end of his training to a station other than the one from which he came to attend the training, he will be entitled to full joining time for joining that station.

2. Nurses who join the higher courses in nursing at the School of Nursing Administration, Delhi, are not entitled to full joining time both when joining the course and at its end, but can, according to instruction no. 7 regarding this rule, be allowed only the period actually required for journeys (without days for preparation) and that period should be treated as part of their training period. If, however, a nurse, at the end of the training has to join duties at a station other than the one from which she came to attend the training, she will be entitled to full joining time for joining that station.

106. The joining time admissible in each of the cases mentioned in rule 105 shall be regulated by such rules as may be prescribed by the Governor with due regard to the time required for actual transit and for the organization of domestic establishment.

(For rules made by the Governor under rule 106, see Part III of this Volume, Chapter XVIII).

107. A government servant on joining time shall be regarded as on duty and shall be entitled to be paid as follows:

(a) If on joining time under clause (a) of rule 105, he is entitled to the pay which he would have drawn if he had not been transferred or the pay Which he will draw on taking charge of his new post, whichever is less.

(b) If on joining time under clause (b) or (c) of rule 105, he is entitled—

(i) when returning from extraordinary leave, other than extraordinary leave not exceeding fourteen days granted in continuation of other leave, to no payments at all;

(ii) when returning from leave of any other kind, to the leave-salary which he last drew on leave at the rate prescribed for the payment of leave-salary in India.

(c) If on joining time under clause (d) of rule 105, he is entitled to pay as though he were on duty in his post.

Exception—A ministerial servant on transfer is not entitled to be paid while on joining time unless his transfer is made in the public interests.

Orders of the Governor regarding rule 107

(1) Under a mutual arrangement between the Central Government and the various State Governments, the transit pay and allowances, while he is joining and leaving the new service, of a government servant whose services are lent by one Government to another are charged to the borrowing Government. In the case of a government servant in a joint cadre serving two Governments his transit pay and allowances on transfer from one office to another are debited to the office to which he is proceeding. (See rule 1, Appendix 3-B, Account Code-1940 edition).

(2) In the case of government servants appointed under the Uttar Pradesh Government on the result of a competitive examination which is open both to government servants and others or as a result of selection after interview no joining time pay should be granted except when the government servant holds a permanent post under Government (including the Central and other State Governments) in a substantive capacity.

(3) No extra pay (where the transfer involves the grant of extra pay) can be drawn in any case by a relieving government servant until the transfer is complete but as far as ordinary pay and allowances are concerned, an exception may be made to the general rule in all cases in which the charge to be transferred whether a division, a sub-division or other-charge consists of several scattered works which the relieving and the relieved government servants are required by the orders of a superior officer to inspect together before the transfer can be completed. The relieving government servant will be considered on duty if the period taken in carrying out these inspections is not considered by the Superintending Engineer to be excessive.

(A) While so taking over charge, the relieving government servant will draw—

(a) if he is transferred from a post which he held substantively, his presumptive pay in that post, or,

(b) if he is transferred from a post which he held in an officiating capacity, the officiating pay admissible in that post or the pay he would draw after the transfer is complete, whichever is less.

(B) The pay of a government servant, transferred to a post on return from leave, should during the period of taking over charge be regulated as follows:

(a) if he went on leave, while working in the post held by him substantively, the presumptive pay of that post; and,

(b) if he went on leave while working in a post in an officiating capacity, the officiating pay of that post or the pay which will be admissible to him in the new post, after taking over charge, whichever is less.

NOTE—The power vested in the Superintending Engineer has been delegated to all officers whether permanent or officiating incharge of canal divisions in respect of lower subordinates and members of the subordinate engineering service in the Irrigation Branch. In consequence of this delegation, charge certificate will in future be transmitted by the divisional officer direct to the Accountant General.

(4) In each case where the Head of the Department or the officer to whom the power is delegated, as the case may be, decides to treat the period of taking over charge of a relieving officer as ‘duty’, a declaration as in the pro forma given below should be issued.

DECLARATION

I_________________________________,_________________________________declare that (name) (designation)

Sri_______________________________and Sri_____________________________________

(name and designation of the officer to be relieved) (name of the relieving officer)

___________________________were engaged in joint inspection of several scattered works (designation)

and/or stores during the period from——————to——————————in connection with handing over and taking over charge and I do not consider the above period as excessive during which Sri________________________________shall be treated as on duty.

(name of the relieving officer)

Station—————————— Name————————————————

Date————————————Designation———————————————

(5) In the case of government servants of the Jail Department who have to take over charge of jail stores and stocks, the relieving government servant will be allowed a period not exceeding three days in taking over the charge, provided the period taken in taking over charge is not regarded by the Inspector General of Prisons to be excessive. The period so spent shall be treated as spent on duty and the pay of the relieving government servant while, so taking over charge will be regulated in accordance with para (3) above.

(6) In the case of Store-keepers and Assistant Store keepers in the Hydro-Electric Grid, who have to take over charge of stores and stocks, the relieving government servant will be treated as on duty until the transfer is completed, provided that the period spent in taking over charge is not regarded by the Head of the Department concerned to be excessive, and their pay will be regulated in accordance with para (3) above.

(7) In the case of Reserve Inspectors and Public Prosecutors of the Police Department and Quartermasters of the Provincial Armed Constabulary Battalions who have to take over the charge of stores and stocks, the relieving government servant will be allowed, at the discretion of the Superintendent of Police or the Head of Office, as the case may be, a period not exceeding three days for taking over the charge. This period will be treated as spent on duty and the pay of the relieving government servant while so taking over charge will be regulated by para (3) above.

(8) In the case of Treasury Officer who have to take over charge of cash, stamps, opium, etc., in a non-banking treasury the relieving officer may be allowed, at the discretion of the District Officers, a period not exceeding seven days for taking over charge. In the case of the Treasury Officers who have to take over charge of cash, stamps, opium, etc. in a Banking Treasury, the relieving officer may be allowed, at the discretion of the District Officers, a period not exceeding three days for taking over charge. In either case, the period taken in taking over charge shall be treated as spent on duty and the pay of the relieving officer shall be regulated in accordance with para (3) above.

(9) In the case of the Radio Maintenance Officers of the Uttar Pradesh Police Radio Section who have to take over charge of stores the relieving officer may be allowed, at the discretion of the head of office, a period not exceeding three days for taking over charge. The period so spent will be treated as on duty and the pay of the relieving officer will be regulated in accordance with para (3) above.

Orders of the Governor regarding clause (a) of rule 107

The words "if he had not been transferred" in this clause should be interpreted as if they read "if he had continued in the old post".

Orders of the Governor regarding clause (c) of rule 107

The words "in his post" occurring in this clause should be interpreted to mean "in his post in the remote locality" even in the case of a government servant on straight transfer.

108. A government servant who does not join his post within his joining time is entitled to no pay or leave-salary after the end of the joining time. Wilful absence from duty after the expiry of joining time may be treated as misbehaviour for the purpose of rule 15.