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PART II

CHAPTER III

GENERAL CONDITION OF SERVICE

F.R. 10 –

Except as provided by this rule, no person may be appointed in India to a post in Government service without a medical certificate of health. The Central Government may make rules prescribing the form in which medical certificates should be prepared, and the particular medical or other officers by whom they should be signed. It may, in individual cases, dispense with the production of a certificate, and may by general orders exempt any specified class of Government servants from the operation of this rule.

[For rules made under the Fundamental Rule 10, see Supplementary Rules 3, 4 and 4-A]

F.R. 11 –

Unless in any case it be otherwise distinctly provided, the whole time of a Government servant is at the disposal of the Government which pays him, and he may be employed in any manner required by proper authority, without claim for additional remuneration, whether the services required of him are such as would ordinarily be remunerated from general revenues, from a local fund or from the funds of a body incorporated or not, which is wholly or substantially owned or controlled by the Government.

F.R. 12.

Deleted

F.R. 12-A.

Unless in any case it is otherwise provided in these rules a government servant on acquiring a lien on a post will cease to hold the lien previously acquired on any other post.

F.R. 13.

A Government servant who has acquired lien on a post retains the lien on that post;

1. while performing the duties of that post;
2. while on foreign service, or holding a temporary post, or officiating in another post;
3. during joining time on transfer to another post, unless he is transferred along with his title to a post on lower pay, in which case his lien is transferred to the new post from the date on which he is relieved of his duties in the earlier post;
4. while on leave; and
5. while under suspension.

Provided that no lien of a Government servant shall be retained:

1. Where a Government servant has proceeded on immediate absorption basis to a post or service outside his service/cadre/post in the Government from the date of absorption; and
2. On foreign service/deputation beyond the maximum limit admissible under the orders of the Government issued from time to time

F.R. 14.

Deleted.

F.R. 14-A.

1. Except as provided in Rule 13 and Clause (d) of this Rule, a Government servant's lien on a post may in no circumstances be terminated, if the result will be to leave him without a lien upon a regular post.
2. Deleted.
3. Deleted.
4. A Government servant's lien on a post shall stand terminated on his acquiring a lien on another post (whether under the Central Government or State Government) outside the cadre on which he is borne.

F.R. 14-B.

Subject to the provisions of Rule 15, the President may transfer to another post in the same cadre, the lien of a Government servant who is not performing the duties of the post to which the lien relates.

F.R. 15.

1. The President may transfer Government servant from one post to another provided that except-
   1. on account of inefficiency or misbehaviour, or
   2. on his written request,

   a Government servant shall not be transferred to, or except in a case covered by Rule 49, appointed to officiate in a post carrying less pay than the pay of the post on which he holds a lien.

2. Deleted.

F.R. 16.

A Government servant may be required to subscribe to a provident fund, a family pension fund or other similar fund in accordance with such rules as the President may by order prescribe.

F.R. 17.

1. Subject to any exceptions specifically made in these rules and to the provision of sub-rule (2), an officer shall begin to draw the pay and allowances attached to his tenure of a post with effect from the date when he assumes the duties of that post, and shall cease to draw them as soon as he ceases to discharge those duties:

   Provided that an officer who is absent from duty without any authority shall not be entitled to any pay and allowances during the period of such absence.

2. The date from which a person recruited overseas shall commence to draw pay on first appointment shall be determined by the general or special orders of the authority by whom he is appointed.

F.R. 17-A.

Without prejudice to the provisions of Rule 27 of the Central Civil Services (Pension) Rules, 1972, a period of an unauthorized absence—

1. in the case of employees working in industrial establishments, during a strike which has been declared illegal under the provisions of the Industrial Disputes Act, 1947, or any other law for the time being in force;
2. in the case of other employees as a result of action in combination or in concerted manner, such as during a strike, without any authority from, or valid reason to the satisfaction of the competent authority; and
3. in the case of an individual employee, remaining absent unauthorizedly or deserting the post,

shall be deemed to cause an interruption or break in the service of the employee, unless otherwise decided by the competent authority for the purpose of leave travel concession, quasi-permanency and eligibility for appearing in departmental examinations, for which a minimum period of continuous service is required.

EXPLANATION 1.— For purposes of this rule, “strike” includes a general, token, sympathetic or any similar strike, and also participation in a bandh or in similar activities.

EXPLANATION 2.— In this rule, the term "Competent Authority" means the "Appointing Authority".

F.R. 18.

Unless the President, in view of the exceptional circumstances of the case otherwise determines, no Government servant shall be granted leave of any kind for a continuous period exceeding five years.