"الملف ‎1/39 I الرائد ت. هيكينجبوثام، حائز على رتبة الإمبراطورية البريطانية (ملف خاص)" [و‎و‎‎٤‎٢] (٨٣٦/١٢٠)

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265. Eligibility of non-superior officers for passage concessions
consequent on change of domicile after first appointment.
Finance Department letter No. F. 4 (25)-R. I|38, dated the 8th
July 1938, is published as an Appendix to this Instruction.
The provisions of this letter will apply to civilian personnel
paid from the Defence Services Estimates.
No. 45378jQ. M. G 2|D. 5.
F. A., M. F., No. 6322 |Q. A. of 1938.
APPENDIX to ARMY INSTRUCTION (INDIA) No. 265 of
1938.
Finance Department letter No. F. 4 (25)-R. I|38, dated the
8th July 1938.
A case has come to the notice of the Government of India in
which a woman in Government service who was of non-Asiatic
domicile at the time of her appointment and was admitted to the
passage concessions for non-superior officers of non-Asiatic domi
cile married a person of Asiatic domicile. The question has arisen
whether she still retains her non-Asiatic domicile and the benefit of the
passage concessions resulting therefrom or whether she has acquired
the domicile of her husband thus losing the passage concessions.
2. Under rule 7 of the rules for the determination of the domi
cile of an officer contained in Appendix B to Schedule IV to the
Superior Civil Services Rules, a woman after marriage acquires the
domicile of her husband, if she had not the same domicile before and
her domicile during marriage follows the domicile of her husband.
According to this rule the Government servant in question has
acquired her husband’s domicile which is Asiatic. On the other
hand, it may be inferred from Regulation 2 (h) of the Passage
Regulations in Schedule IV of the Superior Civil Services Rules
that domicile at the time of appointment is the proper criterion.
Further, under Rule 3 of the rules regulating the grant of Over
seas Pay and Rule 75-B of the Fundamental Rules, no Government
servant who, after his appointment to a service or post acquires
a new domicile, thereby loses his right to or becomes entitled to
uni)verseas Pay or admission to the benefits of the special leave rules,
the case may be. It is considered that the same principle should
hold good in the rules regarding the grant of passage concessions
to non-superior officers of non-Asiatic domicile and the Governor
General-in-Council is therefore, pleased to decide that no officer, who
after his or her appointment to a service or post acquires a new
domicile, shall thereby lose his or her right to, or become entitled
to, passage benefits.
266. Charges for messing on board ship.
(Approved by Secreatry of State.)
Messing charges at the rates given below will be recovered
from all second and third class (including troopdeck) passengers,
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