Fundamental (Amendment) Rules, 2014

THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 2nd January, 2015

G.S.R. 6(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely:—

1.         (1)       These rules may be called the Fundamental (Amendment) Rules, 2014.

 (2)       They shall be deemed to have come into force on the 27th October, 2013.

2.         In the Fundamental Rules, 1922, in rule 29, for clause (2), the following clause shall be substituted, namely:—

“(2) If a Government servant is reduced as a measure of penalty to a lower service, grade or post or to a lower time-scale, the authority ordering the reduction shall specify,—

(a)    the period for which the reduction shall be effective;

(b)    whether, on restoration, the period of reduction shall operate to postpone future increments and, if so, to what extent; and

(c)    whether the Government servant shall regain his original seniority in the higher service, grade or post or time-scale on his restoration to the service, grade or post or time-scale from which he was reduced.”

[F. No. 6/2/2013-Estt. (Pay-I)]

MUKESH CHATURVEDI, Director (Pay)

EXPLANATORY MEMORANDUM

In the Fundamental (Amendment) Rules, 2013 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i), vide number G.S.R. 263(E) dated the 27th October, 2013, sub-clause (c) of clause (2) of rule 29 of the Fundamental Rules, 1922 was wrongly mentioned as clause (3) to that rule. Necessary amendment is required to be made retrospectively from the date of notification of the said rules. It is certified that none will be adversely affected by giving retrospective effect to the amendment.

Note : The principal rules were published in Official Gazette and came into force with effect from 1st January, 1922 and were subsequently amended vide:

1. Ministry of Finance Notification No. 2(a)-E. III/61 dated 1.02.1963 G.S.R. No. 253 dated 9.02.1963.

2. Ministry of Finance Notification No. 1(1)-E. III (A)/65 dated 20.01.1965 G.S.R. No. 415 dated 13.03.1965.

3. Ministry of Finance Notification No. 1(25)-E. III (A)/64 dated 30.11.1965 G.S.R. No. not available.

4. Ministry of Finance Notification No. F. 1(25)-E. III (A)/64 dated 1.10.1966 G.S.R. No. 1582 dated 15.10.1966.

5. Ministry of Finance Notification No. 1(3)-E. III (A)/64 Pt. II dated 18.7.1967 G.S.R. No. not available.

6. Ministry of Finance Notification No. 1(6)-E. III (A)/68 dated 26.04.1968 G.S.R. No. 896 dated 18.5.1968.

7. Ministry of Finance Notification No. 1(25)-E. III (A)/64 dated 27.05.1970 G.S.R. No. 1337 dated 12.09.1970.

4 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]

8. Ministry of Finance Notification No. 18(13)-E. IV (A)/70 dated 29.01.1971 G.S.R. No. 178 dated 6.02.1971.

9. Ministry of Finance Notification No. F. 6(2)-E. III (B)/68 dated 20.3.1971 G.S.R. No. 481 dated 3.4.1971.

10. Ministry of Finance Notification No. F . 6(28)-E.III (B)/68 dated 23.12.1971 G.S.R. No. 61 dated 01.01.1972.

11. Ministry of Finance Notification No. 1(9)-E. III (A)/74 dated 30.10.1974 G.S.R. No. 1208 dated 16.11.74.

12. Ministry of Home Affairs Notification No. 1(6)-P.U.1/79 dated 23.11.1979 G.S.R. No. 1449 dated 08.12.1979.

13. Department of Personnel & A. R. Notification No. F. 1(8)-P.U.1/80 dated 29.1.1981 G.S.R. No. 154 dated 14.2.1981.

14. Ministry of Home Affairs Notification No. 1/9/79-Estt (Pay-I) dated 6.10.1983 S.O. No. 4102 dated 12.11.1983.

15. Ministry of Home Affairs Notification No. 13/5/84-Estt (Pay-I) dated 17.8.1984 G.S.R. No. not available.

16. Department of Personnel & Training Notification No. 13/5/84-Estt (Pay-I) dated 24.9.1985 G.S.R. No. 950 dated 12.10.85.

17. Department of Personnel & Training Notification No. 11/1/85-Estt (Pay-I) dated 24.04.1986 G.S.R. No. 335 dated 10.5.1986.

18. Department of Personnel &Training Notification No. 4/17/88-Estt (Pay-II) dated 23.6.1989 G.S.R. No. 477 dated 15th July, 1989.

19. Department of Personnel & Training Notification No. 1/10/89-Estt (Pay-I) dated 30.8.1989 G.S.R. No. 679 dated 16.09.1989.

20. Department of Personnel & Training Notification No. 1/10/89-Estt (Pay-I) dated 28.11.1990 G.S.R. No. 744 dated 15.12.1990.

21. Department of Personnel & Training Notification No. 4/3/97-Estt (Pay-II) dated 12.3.1999 G.S.R. No. 208(E) dated 15.3.1999.

22. Department of Personnel & Training Notification No. 13/6/95-Estt (Pay-I) dated 10.8.2000 G.S.R. No. not available.

23. Department of Personnel & Training Notification No. 1/6/97-Estt (Pay-I) dated 30.01.2001. G.S.R. No. 76.

24. Department of Personnel & Training Notification No. 4/1/2009-Estt (Pay-II) dated 21.1.2010 G.S.R. No. 23.

25. Department of Personnel & Training Notification No. 6/2/2013-Estt (pay-1) dated 27.10.2013 G.S.R. No.263(E) dated 27.10.2013.