2. Part II contains the Uttar Pradesh Fundamental Rules made by the Governor under section 241 (2) (b) of the Government of India Act, 1935, and orders issued under these rules. It also contains the audit instructions issued by the Auditor General regarding the Fundamental Rules which are applicable equally to the Uttar Pradesh Fundamental Rules. These new rules apply to all government servants serving in connection with the affairs of the Uttar Pradesh whose conditions of service have been or may be prescribed by the Governor under the aforesaid section of the Act. In their application to such government servants these rules now supersede the Fundamental Rules (contained in the Financial Handbook, Volume II, 1936 edition) which hitherto applied to this class of government servants according to the declaration made in notification no. A-5822/X—303, dated November 14, 1930, and by virtue of section 276 of the above Act.

3. Part III contains the Subsidiary Rules which apply to government servants under the administrative control of this government including government servants under the rule-making control of the Secretary of State. They apply to government servants of the latter category only to the extent to which they are relevant to them by virtue of the provisions of section 247 (1) (b) of the government of India Act, 1935.

4. The delegations of powers made under the rules contained in Parts I to III and forms prescribed in connection with there rules will be found in Part IV of this volume. The delegations hitherto in force have been adapted suitably and re-arranged at certain places and a new form of leave account of government servants under the Uttar Pradesh Fundamental Rules has been prescribed.

5. The explanatory note which follows this preface describes certain important aspects of the rules contained in Parts II and III.

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

Orders, decisions, expressions etc. rendered obsolete or inapplicable as a result of the revision of the relative rules or otherwise, have been deleted/changed. Amendments necessitated by the recommendations of the Uttar Pradesh Pay Rationalization Committee (1964-65) have also been incorporated.

The arrangement of the rules, orders etc. followed in the 1942 edition has been retained.

In view of the relevant provisions in the Government of India Act, 1935, these rules will not apply, unless the competent authority decides to apply them, to the following classes of government servants:

(i) Persons serving on the staff attached to the High Court of Judicature at Allahabad and the Chief Court of Oudh;

(ii) Staff of the Uttar Pradesh Public Service Commission; and

3. Each rule in the Uttar Pradesh Fundamental Rules has been given the same number as the corresponding rule in the Fundamental Rules contained in Part I of this volume. This has been done to facilitate the application of the two sets of rules. Blank spaces left against certain rules in Part II indicate that provisions of the corresponding rules in the Fundamental Rules have been omitted from the Uttar Pradesh Rules, as they are inapplicable to government servants under the rule-making control of the Governor. The following important changes appear in the Uttar Pradesh Fundamental Rules:

(i) Provision has been made in rule 1 to safeguard all rights and privileges accrued or concessions granted to government servants and also to validate all orders issued under rules hitherto in force.

(ii) Notes under the Fundamental Rules (contained in the 1936 edition of the Handbook) which are not merely of an explanatory character but which really affect the scope of such rules have either been changed to "exceptions" or embodied in the main rules. Where necessary, new rules have been framed incorporating the substantive provisions of such notes. (This principle has also been followed in the Subsidiary Rules contained in Part III of this Volume).

(iii) A new rule (18-A) has been added to regulate claims in respect of pay, allowances and leave.

(iv) The provisions of the special leave rules mentioned in Fundamental Rule 75 (contained in Part I) have not been retained in these rules. There are at present only a few officers in the provincial services who are entitled to the benefit of these rules. These officers will continue to be governed by the special leave rules in the Fundamental Rules in Part I of this volume, and an exception has been inserted to this effect below rule 77 and a cross reference to this exception has also been made below rule 81 of the Uttar Pradesh Fundamental Rules. Since January 1, 1936, the benefit of the special leave rules has only been permissible to government servants of non-Asiatic domicile who have been specially recruited overseas for service under this Government. Cases are likely to be rare where persons of non-Asiatic domicile will be specially recruited by this Government from overseas. Any individual case requiring such treatment in the future will be considered on merits, vide notes below rule 81-B and paragraph 1 of the leave terms under rule 103 of these rules.

(v) The restrictive leave terms of 1931, which formerly appeared as notes below the relevant rules, have now been included in the body of these rules. Separate rules have been made (rules 81-B and 81-C) embodying the revised leave terms of 1936 for government servants in superior service recruited on or after January 1, 1936, and for inferior government servants.

(vi) In view of section 250(2)(b) of the Act, provision in the Fundamental Rules concerning military officers in civil employ have been excluded from these rules.

(vii) All relevant orders issued from time to time by the Secretary of State and by the Governor-General-in-Council under the Fundamental Rules have been adapted as orders issued by the Governor.

4. The Subsidiary Rules in Chapters XI-A and XVII, which relate to conditions of service in respect of leave, do not apply to government servants under the rule-making control of the Secretary of State, and suitable notes have been inserted at the head of these chapters to this effect to remove any possible misunderstanding. Where the heading of any particular chapter of the Subsidiary Rules explicitly shows that the rules concerned have been made by the Governor under the Uttar Pradesh Fundamental Rules, it should be understood that such rules do not apply to Secretary of State’s services. According to a ruling recently communicated by the Auditor-General, the Subsidiary Rules in Chapters VII and XI regarding combination of holidays with leave and joining time and vacation departments, made under Fundamental Rules 68 and 82(a), concern matters relating to "leave" or "pay", as the case may be, and should in the case of Secretary of State’s officers be regulated by that authority under section 247(1)(a) of the Government of India Act, 1935. Hence in their application to Secretary of State’s officers the above rules, as they stood immediately before April 1, 1937, are by virtue of section 276 of the Act now to be regarded as rules made by the Secretary of State under section 247(1)(a) of the said Act and consequently alterable by that authority alone. The provisions of the Subsidiary Rules in the above two chapters contained in part III, so far as they are applicable to government servants under the rule-making control of the Secretary of State, are the same as the original rules contained in the 1936 edition of the Financial Handbook, Volume II. These rules have not been altered since March 31, 1937, in any way which would have affected the conditions of service of the above class of government servants.

5. The instructions issued by the Auditor-General under Fundamental Rule 74 (a) concerning procedure regarding leave and the maintenance of records of service which were previously included as rules in Section I, Chapter IX and Section 1, Chapter X of the Subsidiary Rules, now appear in the appendix at the end of the Subsidiary Rules. Subsidiary Rule 1 contained in the 1936 edition is now out of date and has therefore, been omitted, but in its place a new rule has been framed regarding the extent of the application of these rules. The definitions of certain terms for purposes of these rules which were previously mentioned at different places of the Subsidiary Rules, have now been arranged at one place under new rule 1-A. The leave rules for temporary inferior government servants (Subsidiary Rules 161-B and 161-C) have been included in Chapter XV of Part III, which relates to leave earned by temporary and officiating service. They are based on old Subsidiary Rules 203 and 203A, which have been omitted now. The leave of permanent inferior government servants hitherto regulated by Subsidiary Rule 203 will now be governed by rule 81-C of the Uttar Pradesh Fundamental Rules in Part II.

PART II

Delegations