‘File 15/1 II Rules and Regulation Finance Dept. Circulars received from the Govt. of India’ [‎234r] (463/728)

Demi-official letter prom the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. , No. F. 7533|31, dated the 31st
December 1931.
Will you kindly refer to the despatch from the Government of India in the
Finance Department, No. 6, dated 22nd October, 1931.
2. Before 1 submit these proposals to higher authority here, I should be
grateful it you would let mo have your observations on the following points :—
(1) Draft Rule l.H. —Having regard to the proposed definition of lien, it
seems doubtful whether the words 44 or on a post of the same character in the
same cadre " can properly be retained without some amendment of the rule :
an officer cannot, it would seem, retain a lien on a post if he has never acquired
it by being appointed to that post. Could the words in question be merely
omitted without any other change f
(2) Draft Bide 14 (h). —In order to get rid of the two Notes (which are not
merely explanatory but contain substantive provisions) I would suggest the re
drafting of 4he clause as follows :—
" A Local Government may, at its option, suspend the lien of a Govern
ment servant if he is transferred to foreign service, or in circum
stances not covered by clause (a) of this Rule, whether in a substan
tive or officiating capacity, to a post in another cadre, the duty of
which is unconnected with the post on which he holds a lien, and
it in any of these cases there is reason to believe that he will remain
absent from that post for a period not less than three years."
(3) Draft Rule 15. —This Knle, as is mentioned in the Explanatory Memo
randum, is intended to i>'ive effect to the suggestion made in Burdon's letter
No. F. 420-R.T.I27, dated 5th March, 1928, bnt the Rule still leaves it open to a
Local Government to appoint an officer, at his request, to officiate in a post
carrying less pay than the pay of the post on which he holds a lien, and since an
officor so appointed might, under the terms (if not the intention) of Rnle 31,
draw the presumptive pay of the latter post, the objections raised in the Auditor-
General's notes of the 7th January, 1928, enclosed with Burdon's letter re
ferred to above, do not seem to be met. What seems to be required is a
provision that where an officer is, at his own request, so transferred, he should
not enjoy the benefits of the proviso to Rnle 31. Perhaps the insertion of
the following after the words 44 provided that " in Rnle 31 would meet the
Case :— T : f*)
( <k except in the case of a Government servant whose transfer to the
post in which he is officiating was made at his own request under
Rule 15.")
(4) Draft amendment to Ride. 26. —We assume that the intention of Rule 26
ih) is that the officiating service described therein should count for increments
in the time scale applicable to the post which the officer is actually holding
substantively, that is to say, to a post of the kind described in draft rule 14 {a),
(1), (2) or (3). If this is so, it would seem that 44 Rule 14 (/;) " should be
substituted for " Rule 13 " in this Rule.
Similar considerations seem to apply to Rules 22, 26 (6), 30 (*), 30 (2)
and 31—which m any case will require amendment in view of the changed num-
, bering of the rules.
(.)) Draft amendment to Ride 97 (3). —The first portion of this clause,
which it is proposed should remain intact, would seom, after the draft amend
ments have been made, merely to state a fact which follows from them, bnt under
draft Rule 14 ( p ), the officer's lien on his cadre post would revive as soon as he
vacated one ot the high offi'ces in question, and it would not be in the competence
of am authority to issue an executive order, as suggested in 19 of the Fxplana-
tor> Memorandum, conflicting with this provision. These proposed amendments
of the rules therefore seem to make it necessary, despite what was said in
paragraph 2 of the Secretary of State's Services Despatch No. 43, dated 19th
December, 1929, to make specific provision in the rules on the point in question.
T would suggest the substitution for Rule 97 (2) of the following
44 Tf a Government servant takes leave immediately on vacating any of
the offices referred to in sub-rule (1). or the post of Chief Com
missioner, Consulting Engineer to the Government of India, or