THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT (Corrected up to 15 th May, 2007) CONTENTS Chapter Part-I I Extent of Application.. II Definitions Part-II III General Conditions of Service Part-III IV Pay . V Additions to Pay VI Combination of Appointments VII Deputation out of India VIII Dismissal, Removal and Suspension IX Retirement Part-IV X Leave XI Joining Time Part-V XII Foreign Service XIII Service under Local Funds Annexure Appendix-I I Authorised courses of instruction or training referred to in Instruction 1 under Fundamental Rule 9(6) (b) 1-A Certificate of physical fitness. II Part I-Rules under Fundamental Rule 74-Leave Procedure in the case of Government Servants PART II—OMITTED Part III-Rules under Rule 74 (IV)- Maintenance of Records of Service Part IV-Forms III The Tamil Nadu Leave Rules, 1933 IV (Deleted ) V Leave calculator V-A Ready reckoner for calculating leave of persons governed by the Tamil Nadu Leave Rules, 1933 VI Model leave terms for officers engaged on contract. VII Executive instructions regarding casual leave. VIII Statutory Service Rules Appendix II Part I-Rules, Delegation, etc. Study Leave Rules-Annexure Forms A to C. Part II-Rulings.. Part III-Matters relating to All-India Service Officers, High Court Judges, etc. THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT. PART-I. CHAPTER I—EXTENT OF APPLICATION 1. These rules may be called the Fundamental Rules. They shall come into force with effect from the 1st January 1922. RULING . The President of the Republic of India and the State Government may, by general or special orders, permit deviations from any provisions of a purely procedural nature contained in any rules made or confirmed under Article 309 of the Constitution of India provided that such deviations shall not affect the conditions of service, the pay and allowances or the pensions of officers subject to the rule-making control of the President of the Republic of India. 2. The Fundamental Rules apply, subject to the provisions of Rule 3, to all Government servants paid from the Consolidated Fund of the State and to any other class of Government servants to which Government may by general or special order declare them to be applicable. The Government may, in relation to service, under their administrative control, other than All- India Services, make rules modifying or replacing any of the Fundamental Rules: Proviso deleted (G.O.Ms.No.90 P&AR (FR.IV) dt. 5.7.2003 - w.e.f. 19.3.2003). Note 1.—A Government servant who is paid from the Consolidated Fund of the State and who is temporarily transferred to any of the Defence Services shall remain subject to these Fundamental Rules. Note -2.—The Service Rules shall be taken to embody and indicate fully all the provisions governing the services concerned. As laid down in the Service Rules the Fundamental Rules shall govern a service, only in the matter of leave, leave salary, pension and other such conditions of service, as have not been provided for in the Service Rules. If any provision of the Fundamental Rules is repugnant to any provisions of the Service Rules, then the provisions of the Service Rules shall prevail and the provisions of the Fundamental Rules shall, to the extent of the repugnancy, be void. RULINGS. (1) In cases where the Tamil Nadu Government merely record the orders of Government of India regarding Fundamental Rules, it may be assumed theat the instructions issued by the Government of India will apply to Government servants under the rule-making control of Tamil Nadu Government. (2) The personnel allotted from the former Travancore-Cochin State to the Tamil Nadu State shall be governed by the Fundamental Rules of the Tamil Nadu Government subject to the protection given by the proviso to Section 115 of the State Reorganisation Act, 1956 (Central Act 37 of 1956) in supersession of the corresponding rules, if any applicable to them. (G.O.Ms. No.1157, Finance, dated 22nd October 1960.) 3. Unless in any case it be otherwise distinctly provided by or under the rules, these rules do not apply to Government servants whose conditions of service are governed by Army or Marine Regulations. 4. Deleted. 5. Deleted. 5-A. The Government may relax the provisions of rules or orders in such manner as may appear to them to be just and equitable provided that where any such rule or order is applicable to the case of 2 any person or class of persons, the case shall not be dealt with in any manner less favourable to him or them than that provided by that rule or order. RULING Fundamental Rule 5-A applies only to relaxations in individual cases. General exemptions from the natural operation of rules can be made only by amendment of the rules by competent authority. 6. Government may delegate to any of its officers, subject to any conditions which it may think fit to impose, any power conferred upon it by these rules with the following exceptions:— (a) all powers to make rules; (b) the other powers conferred by rules 6,9 (6) ( b), 44, 45, 83, 108-A, 119, 121 and 127 ( c), Delegation under Rule 6 . In the case of officers under their administrative control who are on leave in the United Kingdom, the Government authorize the High Commissioner for India to exercise all powers conferred on them under the Fundamental Rules except those specified in clauses ( a) and ( b) of Rule 6. 7. No powers may be exercised or delegated under these rules except after consultation with the Personnel and Administrative Reforms Department. It shall be open to that department to prescribe, by general or special order, cases in which its consent may be presumed to have been given, and to require that its opinion on any matter on which it has been consulted shall be submitted to the Governor by the consulting Department. Instruction under Rule 7. The previous consent of the Personnel and Administrative Reforms Department required under this rule to the exercise or to the delegation of the powers conferred under the Fundamental Rules, may be presumed to have been given in all cases except the following:— (1) Proposals involving fresh delegations of power to authorities subordinate to the Government. (2) Proposals for the issue of new Rules or the amendment of existing ones where the power to make rules has been conferred on the Government, viz., 9 (6)( b), 10, 44, 45, 45-A, 45-C, 47, 66,68, 74, 82, 93, 101 to 104, 106, 119 and 130. Note .—All orders issuing new Rules or amending existing ones will be issued in the Personnel and Administrative Reforms Department. (3) Proposals to issue orders under the following rules, unless covered by the Rules and/or instructions already issued under them:— Fundamental Rules 9(6)( b), 19,20,27, proviso to Fundamental Rules 22(1)( b)(i), 33, 35, 36, 40, when the pay of the temporary post exceeds Rs. 250 or is higher than the minimum allowed for a corresponding permanent post, 44, 45, 45-A, 46 and 47 for honoraria in excess of budget provision or for which no scales have been laid down and for permitting the acceptance of fees for work done during official time or with the use or assistance of Government apparatus, materials, etc., 48-A, when it involves any payment to a Government servant on account of the invention, 49, Note 3 under 51, when the pay of the Government servant deputed exceeds Rs. 250 per mensem or the deputation extends beyond the financial year or when there is no budget provision, 68, 93, 101 to 104, 106, 110 to 114 in all cases to which the note 2 under Fundamental Rule 114 applies, 119, 121, 127( c) and 130 and Tamil Nadu Traveling Allowance Rules 9, 13, 20, 35, 44 when a class of officers is affected or the conditions of Travelling Allowance Rules 44(1) are not fulfilled; 47 in respect of the grant of enhanced rates of daily allowance to Groups C and D officers of the Police Department deputed outside the State of Tamil Nadu in connection with the tours of the President of the Republic of India or the Prime Minister of India, 54 and 88. 3 8. The power of interpreting these rules is reserved to the Government. RULING. The omission of the general principles of interpretation inculcated in the second sub- paragraph of Article 4 of the Civil Service Regulations, viz., that a Government Servant’s claim to pay and allowances should be regulated by the rules in force at the time in respect of which the pay and allowances are earned, to leave by the rules in force at the time the leave is applied for and granted, etc., in the Fundamental Rules does not mean that the principles are to be abrogated and the intention is that they should be followed. CHAPTER II—DEFINITIONS. 9. Unless there be something repugnant in the subject or context, the terms defined in this chapter are used in the rules in the sense here explained— (1) Deleted. (2) Deleted. (3) Deleted. (4) Cadre means the strength of a service or a part of a service sanctioned as 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 travelling allowance. RULINGS. Relation between Special Pay and Compensatory Allowance. (1) The Fundamental Rules make a distinction in the definition of the terms “Special Pay” and “Compensatory Allowance”.