Fundamental Rules and Supplementary Rules

The Fundamental Rules 1922 govern pay, lien, suspension and retirement of central government servants: thirteen chapters, FR 1 to 127, and what replaced them.

The Fundamental Rules are the service rules of the central government, in force from 1 January 1922 under FR 1, which regulate the pay, lien, additional charge, suspension, foreign service and retirement of every government servant whose pay is debitable to Civil Estimates, and the Supplementary Rules are the subordinate rules made under individual Fundamental Rules. They run from FR 1 to FR 127 across thirteen chapters.

Their reach is wider than their age suggests. FR 9(21)(a)(i) is the definition of basic pay that Rule 31(1) of the CCS (Pension) Rules, 2021 uses to fix emoluments for pension, and that Rule 5(1) of the CCS (Implementation of National Pension System) Rules, 2021 uses to fix the contribution base under the National Pension System. FR 56(a) is where the retirement age of 60 comes from. FR 53 is the source of the subsistence allowance paid during suspension, and FR 22 still fixes initial pay wherever Rule 13 of the CCS (Revised Pay) Rules, 2016 does not reach.

Two chapters have been emptied out. Chapter X on leave and Chapter XI on joining time are printed only as headings in the Department of Personnel and Training compilation, which sends the reader to the CCS (Leave) Rules, 1972 and the CCS (Joining Time) Rules, 1979. What survives in the printed text is the pay code of Chapters III to IX, the foreign service chapter, and the definitions in FR 9 that the newer rules keep borrowing.

This article maps the thirteen chapters and their rule ranges, sets out the FR 9 definitions, states what each surviving chapter does, identifies the provisions the CCS rules have displaced, and lists the stale internal cross-references the printed compilation still carries.

Commencement, statutory basis and continuation

The Fundamental Rules are subordinate legislation of 1922 that survive by constitutional transition, not an Act of Parliament. FR 1 provides that the rules “may be called the Fundamental Rules” and brings them into force with effect from 1 January 1922. They were framed under the Government of India Act, which is why FR 9(1), the first definition in the rule set, still reads “The Act means the Government of India Act” and has never been recast in constitutional language.

Article 313 of the Constitution is what carried them past 26 January 1950. It provides that until other provision is made, “all the laws in force immediately before the commencement of this Constitution and applicable to any public service or any post which continues to exist after the commencement of this Constitution” shall continue in force so far as consistent with the Constitution. The Fundamental Rules were such a law, and no Act of Parliament has since replaced them.

The amending power is the proviso to Article 309. It makes it competent for the President, or a person he directs, to make rules regulating the recruitment and the conditions of service of persons appointed to services and posts in connection with the affairs of the Union, “until provision in that behalf is made by or under an Act of the appropriate Legislature under this article”, and provides that any rules so made have effect subject to the provisions of any such Act. Every amendment to the Fundamental Rules is therefore a Presidential notification in the Gazette, titled as amendment rules: FR 56(bb)(ii) names one of them in its own text, the Fundamental (Second Amendment) Rules, 2018, and FR 22(I)(a)(1) was substituted in full by Department of Personnel and Training notification F. No. 13/1/2017-Estt.(Pay-I), G.S.R. 370, dated 19 November 2018.

Interpretation is not left to the establishment section. FR 8 reserves the power of interpreting the rules to the President, in one sentence and without qualification, which is why a disputed reading is settled by a Department of Personnel and Training order and not by local practice. The same architecture governs relaxation and delegation, dealt with later in this article.

Who the Fundamental Rules apply to, and who is outside them

FR 2 fixes applicability by the source of the servant’s pay, not by the department that employs him. It applies the rules, subject to FR 3, “to all Government servants whose pay is debatable to Civil Estimates and to any other class of Government servants to which the President may by general or special order, declare them to be applicable”. FR 3 takes out government servants whose conditions of service are governed by Army or Marine Regulations, unless a rule distinctly provides otherwise.

That test puts three large groups of public employees outside the Fundamental Rules altogether.

GroupGoverning code insteadEffect
Railway servantsIndian Railway Establishment Code and the railway pay rulesPay, leave, conduct and pension come from railway instruments; railway employees are excluded by name in Rule 2(a) of the CCS (Leave) Rules, 1972
Members of the All India ServicesService-specific All India Services (Pay) Rules, 2016 and the All India Services (Death-cum-Retirement Benefits) Rules, 1958An IAS, IPS or Indian Forest Service officer is outside the CCS rules and outside the Fundamental Rules; Rule 2(f) of the CCS (Leave) Rules, 1972 excludes them by name
Employees of autonomous bodiesThe body’s own service regulationsA post described as equivalent to a CCS grade is not a CCS post, so neither the Fundamental Rules nor the CCS rules follow from the pay level
Defence services personnelArmy, Navy and Air Force instrumentsFR 3 excludes servants governed by Army or Marine Regulations

The parallel applicability clause in the pay rules is worth reading beside FR 2. Rule 2(1) of the CCS (Revised Pay) Rules, 2016 applies the pay matrix to persons appointed to civil services and posts in connection with the affairs of the Union whose pay is debitable to Civil Estimates, the same formula, and then excludes four groups by name. A servant inside FR 2 is therefore usually inside the pay rules as well, and the two sets are read together on any pay question.

The thirteen chapters and their rule ranges

The Fundamental Rules are arranged in thirteen chapters, and eleven of them are printed in full. The table below is the map of the rule set as the Department of Personnel and Training publishes it in the Compilation of the Fundamental Rules and Supplementary Rules, Part I.

ChapterRulesSubjectStatus in the printed compilation
IFR 1 to FR 8Extent of applicationPrinted; FR 4 and FR 5 deleted
IIFR 9DefinitionsPrinted, 32 numbered clauses
IIIFR 10 to FR 18General conditions of servicePrinted; FR 12 and FR 14 deleted
IVFR 19 to FR 43PayPrinted; FR 21, FR 30, FR 31, FR 32, FR 34 and FR 38 deleted, FR 41 to FR 43 cancelled
VFR 44 to FR 48-BAdditions to payPrinted
VIFR 49Combination of appointmentsPrinted, one rule with six clauses
VIIFR 50 to FR 51-ADeputation out of IndiaPrinted
VIIIFR 52 to FR 55Dismissal, removal and suspensionPrinted, including FR 54, FR 54-A and FR 54-B
IXFR 56 to FR 57RetirementPrinted, with Notes 1 to 7
XFR 58 to FR 104LeaveNot printed; see the CCS (Leave) Rules, 1972
XIFR 105 to FR 108-AJoining timeFR 105 to FR 107 not printed; see the CCS (Joining Time) Rules, 1979
XIIFR 109 to FR 126Foreign servicePrinted
XIIIFR 127Service under Local FundsPrinted

Deleted and cancelled numbers are not gaps to be filled. They record provisions that were withdrawn without renumbering the rest, which is why the sequence runs to FR 127 while the operative count is far smaller, and why lettered rules such as FR 22-B, FR 29-A, FR 45-C, FR 48-A, FR 51-A, FR 54-B and FR 108-A carry substantive law inserted after 1922.

Fundamental Rule 9: the definitions the central pay code runs on

FR 9 is the single most cited rule in the set because the CCS rules, the pension rules and the National Pension System rules all define their own terms by pointing back into it. It opens with the standard formula, “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”, and then runs through 32 numbered clauses, several of them deleted or not printed.

ClauseTermSubstance of the definition
9(4)CadreThe strength of a service or a part of a service sanctioned as a separate unit
9(5)Compensatory allowanceAn allowance to meet personal expenditure necessitated by the special circumstances in which duty is performed; includes travelling allowance
9(6)DutyIncludes service as a probationer or apprentice where followed by confirmation, and joining time
9(6-A)FeeA payment from a source other than the Consolidated Fund, excluding unearned income and income from literary, cultural, artistic, scientific or sporting effort
9(7)Foreign serviceService in which the servant draws pay, with sanction, from a source other than the Consolidated Fund of India, a State or a Union Territory
9(9)HonorariumA payment from the Consolidated Fund as remuneration for special work of an occasional or intermittent character
9(10)Joining timeThe time allowed to join a new post or to travel to or from a station of posting
9(12)Leave salaryThe monthly amount paid by government to a servant on leave
9(13)LienThe title to hold a post on a regular basis, subject to the junior-most person in the grade being liable to reversion
9(14)Local FundRevenues administered by bodies under government control, and revenues of a body specially notified by the President
9(18)MonthA calendar month, with complete months counted first and odd days afterwards
9(19)OfficiateTo perform the duties of a post on which another person holds a lien, or of a vacant post on which no one holds a lien
9(21)PayThe pay sanctioned for the post held substantively or in an officiating capacity, plus overseas pay, special pay and personal pay, plus emoluments specially classed as pay by the President
9(22)Permanent postA post carrying a definite rate of pay sanctioned without limit of time
9(23)Personal payAdditional pay to save a servant from a loss of substantive pay on a revision, or granted in exceptional circumstances on personal considerations
9(24)Presumptive payThe pay the servant would draw if he held the post substantively and performed its duties, excluding special pay unless the work is discharged
9(25)Special payAn addition of the nature of pay for specially arduous duties or a specific addition to work or responsibility
9(27)Subsistence grantA monthly grant to a servant not in receipt of pay or leave salary
9(28)Substantive payPay other than special pay, personal pay or emoluments classed as pay, to which the servant is entitled on a substantive appointment
9(30)Temporary postA post carrying a definite rate of pay sanctioned for a limited time
9(30-A)Tenure postA permanent post which an individual servant may not hold for more than a limited period
9(31)Time-scale payPay which rises by periodical increments from a minimum to a maximum, with the tests for identical time-scales
9(32)Travelling allowanceAn allowance to cover expenses incurred in travelling in the interests of the public service

Three of these clauses do the most work outside the Fundamental Rules. FR 9(21)(a)(i) is the base for pension emoluments under Rule 31(1) of the CCS (Pension) Rules, 2021 and for the contribution base under Rule 5(1) of the CCS (Implementation of National Pension System) Rules, 2021, notified by G.S.R. 227(E) dated 30 March 2021. FR 9(13) is the definition of lien that the whole of technical resignation and deputation practice turns on. FR 9(24), presumptive pay, is what FR 22(IV) and FR 49(iii) compute against.

Chapter III: general conditions of service, FR 10 to FR 18

Chapter III sets the conditions that attach to holding a post at all, and it is where lien lives. FR 10 bars appointment in India to a post in government service without a medical certificate of health, and its bracketed note points to Supplementary Rules 3, 4 and 4-A for the form and the signing officers. FR 11 puts the whole time of a government servant at the disposal of the government that pays him, without claim to additional remuneration, and that principle is what FR 46(c) requires a sanctioning authority to record against before allowing a fee or an honorarium.

The lien provisions are four rules read as a sequence. FR 12-A provides that a servant acquiring a lien on a post ceases to hold the lien previously acquired on any other post. FR 13 lists the five situations in which an acquired lien is retained, including while on foreign service, holding a temporary post or officiating in another post, and its proviso denies retention on immediate absorption and on foreign service or deputation beyond the maximum admissible limit. FR 14-A bars termination of a lien where the result would leave the servant without a lien upon a regular post, and terminates it on acquisition of a lien outside the cadre. FR 14-B lets the President transfer the lien of a servant who is not performing the duties of the post to which it relates.

FR 15(a) is the transfer rule, and it is narrow on the way down. The President may transfer a servant from one post to another, but a 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”, except on account of inefficiency or misbehaviour, or on his own written request. The method of fixing pay after a transfer on own request is not in the Fundamental Rules at all: it is in Department of Personnel and Training Office Memorandum No. 12/1/2016-Estt.(Pay-I) dated 31 March 2017, which places the servant at the cell next below with the difference as personal pay, and pay fixation on reversion follows that order.

Two rules govern absence. FR 17(1) makes an officer begin to draw the pay and allowances of a post from the date he assumes its duties and cease to draw them when he ceases to discharge them, with a proviso denying pay and allowances for any period of absence from duty without authority. FR 17-A then deems a period of unauthorised absence, whether during a strike declared illegal under the Industrial Disputes Act, 1947 in an industrial establishment, during concerted action, or by an individual servant deserting the post, to cause an interruption or break in service for three named purposes only: leave travel concession, quasi-permanency and eligibility to appear in departmental examinations. Explanation 1 brings a bandh within “strike” and Explanation 2 makes the appointing authority the competent authority. FR 18 closes the chapter by barring leave of any kind for a continuous period exceeding five years unless the President otherwise determines on the exceptional circumstances of the case, which is the same outer limit Rule 12(1) of the CCS (Leave) Rules, 1972 carries.

Chapter IV: pay, FR 19 to FR 43

Chapter IV is the pay chapter and it is the most heavily litigated part of the rule set. FR 19 bars an increase in pay beyond the pay sanctioned for the post without the sanction of an authority competent to create a post at the increased rate, except for personal pay granted under FR 9(23)(a). FR 22 then fixes initial pay on appointment to a post on a time scale, in four parts, with FR 22(I)(a)(1) covering a post of greater responsibility, FR 22(I)(a)(2) an appointment without greater duties, and FR 22(I)(a)(3) a lower post on the servant’s own request under FR 15(a).

RuleWhat it regulatesOperative content
FR 22Initial pay on appointment to a time-scale postFour parts; the promotion clause was substituted by G.S.R. 370 dated 19 November 2018 to carry the cell and level language
FR 23Pay of a post that is changedThe holder is treated as transferred to a new post, with an option to retain old pay until the next increment is earned; the option once exercised is final
FR 24Withholding of an incrementAn increment is ordinarily drawn as a matter of course; it may be withheld for conduct that has not been good or work that has not been satisfactory, and the order must state the period and the effect on future increments
FR 26Service counting for incrementsFive clauses covering duty, service in another post, officiating in a higher post, foreign service and joining time, with the date of next increment pushed back by periods that do not count
FR 27Premature incrementMay be granted by an authority competent to create a post in the same cadre on the same scale
FR 28Transfer as a penalty to a lower postPay may be allowed up to the maximum of the lower grade, capped by what FR 22 read with FR 26 would give
FR 29Reduction as a penaltySub-rule (1) for reduction to a lower stage, sub-rule (2) for reduction to a lower service, grade, post or time-scale, each requiring the order to specify the period and the effect on increments and seniority
FR 29-APenalty set aside or modified on appealThe difference in pay is paid for the period the order was in force, and leave salary and allowances other than travelling allowance are revised on the revised pay
FR 31-AErroneous promotion or appointmentPay is regulated by the general or special orders the President issues, notwithstanding anything in the rules
FR 33Officiating in a post whose pay is personal to anotherPay may be permitted up to the rate so fixed, or initial pay at the lowest stage where that rate is a time scale
FR 35Officiating payThe Central Government may fix the pay of an officiating servant at an amount less than that admissible under the rules
FR 37Personal payReduced by any increase in pay and ceasing when pay rises by an amount equal to it, unless the sanctioning authority orders otherwise
FR 39 and FR 40Pay of a temporary postFixed by the minimum needed to secure a capable person, or, where a serving servant will fill it, by the character and responsibility of the work and existing pay

FR 26 repays close reading, because it decides the increment date rather than the amount. Clause (a) counts all duty in a post on a time-scale, with a proviso adding the total of non-counting periods to the normal date of increment. Clause (b) counts service in another post and all leave other than extraordinary leave taken without a medical certificate, with the President empowered to direct that extraordinary leave count where it was taken for a cause beyond the servant’s control or to prosecute higher scientific and technical studies. Clause (c) protects the annual increment of a servant who officiates in a higher post and then returns. Clause (d) covers foreign service and clause (e) covers joining time.

Chapter V: additions to pay, FR 44 to FR 48-B

Chapter V authorises the payments that sit on top of pay, and it is a rule-making chapter more than an entitlement chapter. FR 44 subjects every compensatory allowance to the general rule that the amount “should be so regulated that the allowance is not on the whole a source of profit to the recipient”, which is the principle behind the reimbursement design of the conveyance allowance and of daily allowance on tour. FR 45 empowers the Central Government to make rules for the recovery of rent for government accommodation, and FR 45-A, FR 45-B and FR 45-C carry the licence fee machinery, with FR 45-C defining “emoluments” for that purpose.

Fees and honoraria are governed by three rules and their Supplementary Rules. FR 46(a) permits a servant, where this can be done without detriment to official duties, to perform a specified service for a private person or a public body and to receive a fee for it. FR 46(b) empowers the Central Government to grant or permit an honorarium as remuneration for occasional or intermittent work that is laborious or of special merit, and requires the amount to be settled in advance and prior consent taken, except for reasons recorded in writing. FR 46(c) requires the sanctioning authority to record that due regard has been paid to FR 11 and to record its reasons. Supplementary Rule 11 carries the sanction requirement and Supplementary Rule 12 the crediting rule, under which retention is full up to Rs. 5,000 in a financial year and one-third of the excess goes to the Consolidated Fund, a figure substituted on 15 November 2021.

The chapter closes with two rules that are not about money at all. FR 48 lets a servant receive and retain, without special permission, a competition premium, a reward for the arrest of a criminal or for information in the administration of justice, a reward under an Act or rules, a customs and excise reward, and fees for duties performed in an official capacity under a special or local law. FR 48-A bars a servant whose duties involve scientific or technical research from applying for or obtaining a patent for an invention made by him, except with the permission of the Central Government and on the conditions it imposes, and FR 48-B makes the government’s decision final on whether FR 48-A applies to a given servant.

Chapter VI: combination of appointments, FR 49

FR 49 is a single rule with six clauses, and it is the source of every payment for holding additional charge. It empowers the Central Government to appoint a servant already holding a post substantively or in an officiating capacity to officiate, as a temporary measure, in one or more other independent posts at one time.

  • Clause (i): full charge of the duties of a higher post in the same office and the same cadre or line of promotion draws the pay admissible on officiating appointment to that post, subject to reduction under FR 35, and nothing at all is allowed for performing the duties of a lower post.
  • Clause (ii): dual charge of two posts in the same cadre and office on identical scales draws no additional pay however long it lasts, though a special pay attached to the additional post is allowed.
  • Clause (iii): charge of a post not in the same office, or in the same office but outside the cadre or line of promotion, draws the pay of the higher post plus 10% of the presumptive pay of the additional post, where the charge exceeds 45 days but not three months, with the concurrence of the Department of Personnel and Training required beyond three months.
  • Clause (iv): the aggregate of pay and additional pay shall in no case exceed Rs. 2,25,000, the apex pay of the pay matrix.
  • Clause (v): current charge of the routine duties of another post draws no additional pay, whatever the duration.
  • Clause (vi): compensatory and sumptuary allowances attached to the posts are drawn as the Central Government fixes, capped at the total attached to all the posts.

The payment itself was renamed in 2017. The Additional Post Allowance introduced on the recommendation of the 7th Central Pay Commission is the operative head today, and paragraph 3(d) of Department of Personnel and Training Office Memorandum No. 2/13/2017-Estt.(Pay-II) dated 8 August 2018 carries the 45-day threshold. FR 49 remains the enabling rule, and the transfer of charge formalities sit alongside it.

Chapter VII: deputation out of India, FR 50 to FR 51-A

Chapter VII is three rules on duty abroad and it turns entirely on prior sanction. FR 50 bars any deputation of a government servant out of India without the previous approval of the Central Government. FR 51(1) allows the President to let a servant temporarily deputed for duty out of India draw the same pay he would have drawn had he remained on duty in India, with a proviso covering a servant placed on deputation while already on leave out of India on average pay, who may be required to continue on leave and given an honorarium of one-sixth of the pay he would have drawn, bearing his own passage costs. FR 51(2) permits a compensatory allowance in a foreign country of such amount as the President thinks fit, and FR 51(3) has the foreign exchange equivalent calculated at the rate the President prescribes.

FR 51-A separates the short assignment from the substantive one. Where a servant is deputed out of India to hold a regularly constituted permanent or quasi-permanent post outside the cadre of his own service, his pay is regulated by the orders of the Central Government and not by FR 51. Deputation inside India is a different subject, governed by the deputation terms and the deputation (duty) allowance orders of the Department of Personnel and Training.

Chapter VIII: dismissal, removal and suspension, FR 52 to FR 55

Chapter VIII carries the pay consequences of disciplinary action, while the procedure sits in the CCS (CCA) Rules, 1965. FR 52 stops the pay and allowances of a servant who is dismissed or removed from the date of dismissal or removal. FR 53(1) then lists what a servant under suspension, or deemed to have been placed under suspension, is entitled to: for a commissioned officer of the Indian Medical Department or a warrant officer in civil employ liable to revert to military duty, the pay and allowances admissible had he been suspended in military employment, and for any other servant, a subsistence allowance equal to the leave salary he would have drawn on half pay, plus dearness allowance admissible on that leave salary.

The three-month point is where the amount can move. Where suspension exceeds three months, the authority that made or is deemed to have made the order may vary the subsistence allowance for the subsequent period, upward or downward within the limits the rule sets. FR 54, FR 54-A and FR 54-B then regulate pay and allowances for the period of suspension once the proceedings end, on reinstatement, on acquittal, or where the suspension is held to have been wholly unjustified, and they are the rules a departmental inquiry closes on. FR 55 adds a single-sentence bar: leave may not be granted to a government servant under suspension.

Chapter IX: retirement, FR 56

FR 56 is the retirement rule for civil posts and it holds both the superannuation age and the premature retirement power. Clause (a) retires every government servant on the afternoon of the last day of the month in which he attains the age of sixty years, with a first proviso retiring a servant whose date of birth is the first of a month on the afternoon of the last day of the preceding month, and a second proviso preserving extensions running for servants who had attained 58 years on or before 1 May 1998, with no extension beyond 60.

ClauseCohortAge or power
56(a)Every government servant, unless otherwise providedSuperannuation at 60, on the afternoon of the last day of the month
56(b)A workman on a monthly rate of pay in an industrial or work-charged establishment60, with the Note defining workman as a highly skilled, skilled, semi-skilled or unskilled artisan
56(bb)Doctors of the Central Health Service, Indian Railways Medical Service, AYUSH and the other six listed services62, extendable to 65 on exercising the posting option; 65 for General Duty and Specialist Medical Officers of the Central Armed Police Forces and Assam Rifles
56(bbb)Nursing teaching faculty with an M.Sc. in Nursing in Central Government Nursing Institutions65, subject to continuing as faculty after 60
56(d)Every government servantNo extension in service beyond the age of retirement of 60
56(j)Group A or Group B servants who entered before 35, after attaining 50; any other servant after 55Absolute right of the Appropriate Authority to retire in the public interest on three months’ notice or pay in lieu
56(jj)A servant reinstated after premature retirementThe intervening period regulated by leave or as dies non, or as duty where the retirement is held unjustified or set aside by a court
56(k)Group A or Group B servants who entered before 35, after attaining 50; others after 55Voluntary retirement on not less than three months’ notice
56(m)A servant in a Group C post not governed by any pension rulesRetirement on the same age terms, read with the rule’s Notes

Notes 1 to 7 carry the working detail. Note 1 defines the Appropriate Authority, Note 2 allows advance notice, Note 3 excludes the first and the last day when computing the three months, and Note 4 counts state service towards the age-at-entry test in clauses (j) and (k). The consolidated instructions on the exercise of the clause (j) power are in Department of Personnel and Training Office Memorandum No. 25013/03/2019-Estt.A-IV dated 28 August 2020, reissued with OM No. 25013/01/2024-Pers.Policy A-IV dated 27 June 2024.

Chapters X and XI: what replaced leave and joining time

Neither leave nor joining time is decided by reading the Fundamental Rules today, and the compilation says so in its own text. Under the Chapter X heading it prints “[F.Rs. 58 to 104 Not Printed]” and the direction “Please refer to CCS (Leave) Rules, 1972”, and under the Chapter XI heading it prints the same treatment for FR 105 to FR 107 with a direction to the CCS (Joining Time) Rules, 1979.

The leave rules are published as part of the same series. The title page of the Department of Personnel and Training edition reads “F.R. & S.R. PART III”, and Rule 1(2) brings the CCS (Leave) Rules, 1972 into force on 1 June 1972. Rule 2 then excludes ten categories, among them railway servants, members of the All India Services, casual and daily-rated staff, work-charged staff and persons governed for leave purposes by the Fundamental Rules or the Civil Service Regulations. Earned leave, half pay leave, commuted leave, extraordinary leave and leave encashment are all worked under those rules and not under Chapter X.

Two printed rules survive under the Chapter XI heading. FR 108 deals with a servant who does not join his post within the joining time allowed, and FR 108-A with a person in employment other than government service on the date of appointment. The joining time entitlement itself, its distance slabs and its extension, comes from the CCS (Joining Time) Rules, 1979.

Chapters XII and XIII: foreign service and service under local funds

Chapter XII regulates what happens to pay, pension and leave when a servant works for someone other than the government while remaining a government servant. FR 109 limits the chapter to servants transferred to foreign service after the rules came into force. FR 110(a) bars a transfer to foreign service against the servant’s will, except to a body wholly or substantially owned or controlled by Government, and FR 110(b) vests the sanction in the Central Government. FR 111 makes the transfer inadmissible unless the duties should for public reasons be done by a government servant and the servant holds a post paid from General Revenues or a lien on a permanent post. FR 113(i) keeps a servant transferred to foreign service in his parent cadre and allows substantive or officiating promotion in it, taking into account the work done in foreign service. FR 114 regulates the pay he draws from the foreign employer.

The contributions are the operative part for retirement benefits. FR 115(a) requires contributions to be paid while the servant is in foreign service, FR 116 has the President prescribe the rates of contribution for pension and leave salary by general order, now DoPT OM No. 2/9/2017-Estt.(Pay-II) dated 9 October 2020 for pension, and FR 117(a) states the basis on which the pension rates are designed, which is to secure the pension the servant would have earned without the transfer. FR 119 lets the Government remit contributions and fix interest on overdue ones, which it does in SR 307; FR 120 bars the servant from withholding contributions and makes them non-refundable; FR 121 bars a pension or gratuity from the foreign employer without sanction; and FR 122 and FR 123 regulate leave in India and out of India. FR 124 to FR 126 govern officiating appointments and reversion: pay on officiating appointment in a government post is calculated on the government post, reversion takes effect from the date he takes charge, and the foreign employer’s payments and the contributions both stop from the date of reversion. Chapter XIII then carries FR 127, on recoveries where an addition to the regular establishment is made on condition that its cost is recovered from the persons for whose benefit it was created.

The Supplementary Rules: what they are and how they are numbered

The Supplementary Rules are the working detail of the Fundamental Rules, made under the rule-making powers the parent rules confer. They are numbered in their own sequence, they are published in the same Department of Personnel and Training compilation as the Fundamental Rules, and a Fundamental Rule is often unusable without them. FR 10 requires a medical certificate of health and leaves the form and the signing officers to Supplementary Rules 3, 4 and 4-A. FR 46 and FR 47 authorise fees and honoraria and leave the sanction conditions to Supplementary Rules 11 and 12. Supplementary Rules 21 and 25 carry the conveyance allowance conditions, including the distance slab that Ministry of Finance Office Memorandum No. 19039/3/2017-E.IV dated 19 July 2017 revised.

The rule-making powers are explicit in the parent text, which is why the Supplementary Rules cannot be treated as executive instructions. FR 10 empowers the Central Government to make rules prescribing the form of medical certificates. FR 45 empowers it to make rules for the recovery of rent. FR 46-A empowers the President to make rules on fees receivable by a medical officer in civil employ, and FR 47 empowers the Central Government to prescribe the conditions and limits within which subordinate authorities may sanction honoraria and fees. A Supplementary Rule made under one of these powers binds in the same way the parent rule does.

How the Fundamental Rules interact with the CCS rules in force

A pay or pension question is almost never answered from the Fundamental Rules alone. The table below states which instrument governs each subject today and what the Fundamental Rules still contribute.

SubjectInstrument in forceWhat the Fundamental Rules still do
Pay structure and levelsCCS (Revised Pay) Rules, 2016, G.S.R. 721(E) dated 25 July 2016Rule 2(1) borrows the FR 2 applicability test; the grade pay and pay band structure they replaced was itself built on FR 22 fixation
Fixation on promotionRule 13 of the CCS (Revised Pay) Rules, 2016FR 22 governs appointments the matrix rule does not reach, and FR 22(I)(a)(1) was rewritten in 2018 to speak in cells and levels
IncrementRule 9 and Rule 10 of the CCS (Revised Pay) Rules, 2016FR 24 on withholding, FR 26 on service counting for increment, FR 27 on a premature increment
Pension emolumentsRule 31(1) of the CCS (Pension) Rules, 2021FR 9(21)(a)(i) is the definition of basic pay the rule adopts
National Pension System contribution baseRule 5(1) of the CCS (Implementation of National Pension System) Rules, 2021The same FR 9(21)(a)(i) definition
LeaveCCS (Leave) Rules, 1972, published as F.R. and S.R. Part IIIFR 18, the five-year outer limit; Chapter X is not printed
Joining timeCCS (Joining Time) Rules, 1979FR 9(10) definition, FR 26(e) increment counting, FR 108 on overstayal
Discipline and penaltiesCCS (CCA) Rules, 1965FR 28, FR 29 and FR 29-A on the pay effect of a penalty, FR 52 to FR 55 on dismissal and suspension
ConductCCS (Conduct) Rules, 1964FR 11 on whole-time service, FR 46 and FR 48 on outside remuneration, FR 48-A on patents
RetirementFR 56, read with the DoPT premature retirement instructionsFR 56 is itself the operative rule; the CCS (Pension) Rules, 2021 decide the benefit

The direction of travel is one-way. Each new CCS rule set takes over a subject and leaves the Fundamental Rules as a definitional source, and none of them has replaced FR 9, FR 49, FR 53 or FR 56, which is why those four keep appearing in orders written in 2026.

Relaxation, delegation and interpretation

Three rules decide who may bend, sub-delegate or read the rule set, and all three keep the Ministry of Finance in the room. FR 5A allows a Ministry or Department, where it is of opinion that the operation of any of these rules may cause undue hardship to a person, to relax the requirements of that rule by order and for reasons recorded in writing, to the extent and on the conditions it considers necessary to deal with the case justly and equitably, with a proviso requiring the concurrence of the Ministry of Finance.

FR 6 permits the Central Government to delegate any power conferred on it by the rules, subject to conditions, with two exceptions: all powers to make rules, and the powers conferred by FR 6, FR 9(6)(b), FR 44, FR 45-A, FR 45-B, FR 45-C, FR 83, FR 108-A, FR 119, FR 121 and FR 127(c). The powers actually delegated are listed in an Appendix to the compilation. FR 7 bars the exercise or delegation of any power under the rules without consultation with the Ministry of Finance, while allowing that Ministry to prescribe cases in which its consent may be presumed. FR 8 then reserves interpretation to the President.

An establishment officer relying on custom is therefore on weak ground twice over: the reading is not authoritative unless it traces to a Presidential interpretation, and a relaxation is not valid unless the Finance concurrence exists on the file.

Stale cross-references inside the printed compilation

The printed text carries at least five internal references that no longer point where they say, and a reader who follows them without checking will reach the wrong instrument. This list is a salary-calculator.in finding, compiled by reading the Department of Personnel and Training compilation against the instruments in force in September 2026.

LocationWhat the printed text saysThe position in force
FR 9(1)“The Act means the Government of India Act”The rules now operate under Article 313 of the Constitution and are amended under the proviso to Article 309
FR 17-AOpens “Without prejudice to the provisions of Rule 27 of the Central Civil Services (Pension) Rules, 1972”The CCS (Pension) Rules, 2021 replaced the 1972 rules, and the compilation carries no updated cross-reference
FR 26(e)Counts joining time for increment by reference to “Clause (a) or Clause (c) of Rule 105”FR 105 is one of the rules not printed in Chapter XI, so the cross-reference cannot be resolved inside the compilation
FR 56(j)Gives the absolute right to retire on “notice of less than three months”The operative reading is not less than three months, as paragraph 3 of the DoPT Office Memorandum of 28 August 2020 restates it
FR 56(l)Speaks of a “Class III service or post”Paragraph 3.3 of the same Office Memorandum restates it as a Group C service or post

None of these is an error in the law. Each is an artefact of a 1922 rule set that has been amended clause by clause for a century without a consolidating revision, and each is a reason to read the amending notification alongside the compiled text.

Four recurring misreadings

That the Fundamental Rules were repealed by the pay commissions. No pay commission has repealed a Fundamental Rule, and no pay commission can: the rules are amended by a Presidential notification under the proviso to Article 309. The 7th Central Pay Commission recommendations were implemented through the CCS (Revised Pay) Rules, 2016, which displaced FR 22 on promotion inside the matrix through Rule 13 and left the rest of the Fundamental Rules standing.

That FR 22 governs every promotion. It does not. A promotion inside the pay matrix is fixed under Rule 13 of the CCS (Revised Pay) Rules, 2016, and MACP upgradation under the same rule read with the assured career progression scheme orders. FR 22 governs the residue, including appointment to a post that carries no greater duties and appointment to a lower post on the servant’s own request.

That “FR&SR” is a single instrument. It is a publishing series. The Fundamental Rules and the Supplementary Rules are separate rule sets published together as Part I, and the CCS (Leave) Rules, 1972 are published as Part III of the same series, which is why a leave order sometimes cites “F.R. and S.R. Part III” without naming the leave rules at all.

That the Fundamental Rules decide pension. They supply the definition and nothing else. Rule 31(1) of the CCS (Pension) Rules, 2021 takes basic pay as defined in FR 9(21)(a)(i) and builds emoluments on it, and pension calculation, average emoluments and qualifying service are all worked under the 2021 rules.

Bearing on the 8th Central Pay Commission

A pay commission does not touch the Fundamental Rules directly, so the 8th Central Pay Commission will change the pay structure and leave the rule set to follow. The Commission was constituted by Ministry of Finance Resolution F. No. 01-01/2025-E.III(A) dated 3 November 2025. On the precedent of 2016, the implementing instrument will be a fresh set of revised pay rules notified by the Department of Expenditure, and any consequential change inside the Fundamental Rules will come as a separate amendment notification, as the substitution of FR 22(I)(a)(1) did on 19 November 2018, two years after the matrix took effect.

Nothing about the structure, the levels or the fitment factor of the next revision is settled, and no figure attributed to the Commission should be treated as decided. What is predictable is the mechanism: the definitions in FR 9 will carry into the new rules by reference, as they did into the 2016 rules, the 2021 pension rules and the 2021 National Pension System rules.

Frequently Asked Questions (FAQs)

What are the Fundamental Rules?
The Fundamental Rules are the service rules that came into force on 1 January 1922 under FR 1 and still regulate the pay, lien, suspension, additional charge, foreign service and retirement of a central government servant whose pay is debitable to Civil Estimates. They run from FR 1 to FR 127 in thirteen chapters, and FR 9 carries the definitions the rest of the central pay code borrows.
Are the Fundamental Rules and the Supplementary Rules the same thing?
No. The Fundamental Rules are the parent rules. The Supplementary Rules are the subordinate rules made under specific Fundamental Rules, and they carry the working detail the parent rule only authorises. FR 10 requires a medical certificate of health and Supplementary Rules 3, 4 and 4-A prescribe the form and the signing authority. FR 46 permits a fee or an honorarium and Supplementary Rules 11 and 12 set the sanction and the crediting conditions.
Do the Fundamental Rules still govern leave?
No. Chapter X of the Fundamental Rules, FR 58 to FR 104, is not printed in the DoPT compilation, which directs the reader to the CCS (Leave) Rules, 1972 instead. Those rules are published as F.R. and S.R. Part III and came into force on 1 June 1972. The one leave provision still printed in the Fundamental Rules is FR 18, which bars leave of any kind for a continuous period exceeding five years, the same outer limit that Rule 12(1) of the CCS (Leave) Rules, 1972 sets.
Who do the Fundamental Rules apply to?
FR 2 applies them, subject to FR 3, to all government servants whose pay is debitable to Civil Estimates, and to any other class of government servants the President declares them applicable to by general or special order. FR 3 excludes government servants whose conditions of service are governed by Army or Marine Regulations.
Do the Fundamental Rules apply to railway servants and to All India Services officers?
No. A railway servant draws pay, leave and pension under the Indian Railway Establishment Code, and a member of the Indian Administrative Service, the Indian Police Service or the Indian Forest Service under the service-specific All India Services rules. Rule 2 of the CCS (Leave) Rules, 1972 excludes both groups by name, and the All India Services rules are notified separately for each service.
Which Fundamental Rule defines pay?
FR 9(21)(a). It defines pay as the amount drawn monthly as the pay sanctioned for the post held substantively or in an officiating capacity, plus overseas pay, special pay and personal pay, plus any other emoluments specially classed as pay by the President. Rule 31(1) of the CCS (Pension) Rules, 2021 and Rule 5(1) of the CCS (Implementation of National Pension System) Rules, 2021 both define their own base by pointing at FR 9(21)(a)(i).
Has the CCS (Revised Pay) Rules, 2016 displaced FR 22?
Partly. Rule 13 of the CCS (Revised Pay) Rules, 2016, notified by G.S.R. 721(E) dated 25 July 2016, governs fixation on promotion or on financial upgradation inside the pay matrix, so it is Rule 13 and not FR 22 that a promotion order in the matrix is worked under. FR 22 continues to operate wherever the matrix rule does not reach, and DoPT substituted FR 22(I)(a)(1) in full by notification F. No. 13/1/2017-Estt.(Pay-I), G.S.R. 370, dated 19 November 2018 to carry the cell and level language of the matrix.
Who can relax a Fundamental Rule?
FR 5A allows a Ministry or Department, by order and for reasons recorded in writing, to relax the requirements of any of these rules where their operation would cause undue hardship to a person. The proviso requires the concurrence of the Ministry of Finance, and FR 7 bars the exercise or delegation of any power under the rules without consultation with that Ministry.
Who interprets the Fundamental Rules?
FR 8 reserves the power of interpreting the rules to the President. A departmental reading that conflicts with an authoritative interpretation therefore has no independent standing, and the delegations that do exist are listed in the Appendix to the DoPT compilation, with FR 6 keeping eleven rule-making and specified powers outside any delegation.
What is the retirement age under the Fundamental Rules?
FR 56(a) retires every government servant on the afternoon of the last day of the month in which he attains the age of sixty years, and its first proviso retires a servant born on the first of a month on the afternoon of the last day of the preceding month. FR 56(bb) sets 62 years for doctors of the listed services, extendable to 65 years on exercising the prescribed posting option, and FR 56(bbb) sets 65 years for nursing teaching faculty holding an M.Sc. in Nursing.
How are the Fundamental Rules amended?
By a notification of the President under the proviso to Article 309 of the Constitution, published in the Gazette and titled as amendment rules. FR 56(bb)(ii) names one such instrument in its own text, the Fundamental (Second Amendment) Rules, 2018, and FR 22(I)(a)(1) was substituted by DoPT notification G.S.R. 370 dated 19 November 2018. The 1922 rules themselves continue in force by virtue of Article 313.
Which chapters of the Fundamental Rules are not printed?
Two. Chapter X on leave, FR 58 to FR 104, and Chapter XI on joining time, FR 105 to FR 107. The compilation prints the chapter headings and directs the reader to the CCS (Leave) Rules, 1972 and the CCS (Joining Time) Rules, 1979. FR 108 and FR 108-A, on overstayal and on a person in other employment, are printed under the Chapter XI heading.
Does an unauthorised absence break service under the Fundamental Rules?
Yes, for the limited purposes FR 17-A lists. A period of unauthorised absence during an illegal strike, during concerted action, or by an individual servant deserting the post is deemed to cause an interruption or break in service for leave travel concession, quasi-permanency and eligibility to appear in departmental examinations, unless the appointing authority decides otherwise. The proviso to FR 17(1) separately denies pay and allowances for the period of absence.
What does a government servant draw under suspension?
FR 53(1)(ii)(a) grants a subsistence allowance equal to the leave salary the servant would have drawn on half pay, plus dearness allowance admissible on that leave salary. Where suspension runs beyond three months, the suspending authority may vary the amount for the subsequent period, and FR 55 bars any grant of leave to a servant under suspension.
How much extra pay does holding additional charge attract?
Under FR 49(iii), charge of a post in another office, or in the same office but outside the cadre or line of promotion, draws the pay of the higher post plus 10% of the presumptive pay of the additional post, where the charge exceeds 45 days but not three months, with DoPT concurrence needed beyond three months. FR 49(iv) caps the aggregate of pay and additional pay at Rs. 2,25,000, and FR 49(v) allows nothing at all for current charge of routine duties.
Are the Fundamental Rules a statute?
No. They are subordinate legislation. They were framed under the Government of India Act, which is why FR 9(1) still defines the expression ’the Act’ as that Act, they continue in force under Article 313 of the Constitution, and they are now amended in exercise of the power under the proviso to Article 309. The proviso itself provides that rules so made have effect subject to any Act of the appropriate Legislature.
Where can the Fundamental Rules be read in full?
The Department of Personnel and Training publishes the Compilation of the Fundamental Rules and Supplementary Rules, Part I as a single searchable PDF at dopt.gov.in. It carries FR 1 to FR 127 with the Notes, the Audit Instructions and an Appendix of powers delegated by the Government of India under individual Fundamental Rules.

External references

References

  1. Compilation of the Fundamental Rules and Supplementary Rules, Part I, Department of Personnel and Training: FR 1 (commencement on 1 January 1922), FR 2 and FR 3 (extent of application), FR 5A (relaxation), FR 6 (delegation and its exceptions), FR 7 (consultation with the Ministry of Finance) and FR 8 (interpretation reserved to the President).
  2. Fundamental Rule 9, all 32 clauses, including 9(1) (the Act), 9(6) (duty), 9(13) (lien), 9(21)(a) (pay), 9(23) (personal pay), 9(24) (presumptive pay), 9(25) (special pay), 9(28) (substantive pay) and 9(31) (time-scale pay).
  3. Fundamental Rules 10 to 18 (general conditions of service), 19 to 43 (pay, including FR 22, FR 23, FR 24, FR 26, FR 27, FR 28, FR 29, FR 29-A, FR 31-A, FR 33, FR 35 and FR 37), 44 to 48-B (additions to pay), 49 (combination of appointments), 50 to 51-A (deputation out of India), 52 to 55 (dismissal, removal and suspension), 56 with Notes 1 to 7 (retirement) and 108 to 127 (joining time, foreign service and service under local funds).
  4. Constitution of India, proviso to Article 309 (power of the President to make rules on recruitment and conditions of service) and Article 313 (transitional provisions continuing pre-Constitution service law in force).
  5. Department of Personnel and Training Notification F. No. 13/1/2017-Estt.(Pay-I), G.S.R. 370, dated 19 November 2018, substituting Fundamental Rule 22(I)(a)(1); and the Fundamental (Second Amendment) Rules, 2018, named in the text of FR 56(bb)(ii).
  6. CCS (Revised Pay) Rules, 2016, notified by G.S.R. 721(E) dated 25 July 2016: Rule 2(1) (application, pay debitable to Civil Estimates), Rule 9 and Rule 10 (increment) and Rule 13 (fixation on promotion).
  7. CCS (Leave) Rules, 1972, published as F.R. and S.R. Part III: Rule 1(2) (commencement on 1 June 1972), Rule 2 (the ten excluded categories, including railway servants and members of the All India Services) and Rule 12(1) and 12(2) (the five-year outer limit on continuous leave).
  8. CCS (Pension) Rules, 2021, Rule 31(1) (emoluments as basic pay under FR 9(21)(a)(i)); and CCS (Implementation of National Pension System) Rules, 2021, notified by G.S.R. 227(E) dated 30 March 2021, Rule 5(1) (contribution base).
  9. Department of Personnel and Training Office Memorandum No. 12/1/2016-Estt.(Pay-I) dated 31 March 2017 (fixation on transfer to a lower post on own request under FR 15(a)); Office Memorandum No. 2/13/2017-Estt.(Pay-II) dated 8 August 2018, paragraph 3(d) (Additional Post Allowance and the 45-day threshold); Office Memorandum No. 25013/03/2019-Estt.A-IV dated 28 August 2020, reissued by Office Memorandum No. 25013/01/2024-Pers.Policy A-IV dated 27 June 2024 (premature retirement under FR 56(j)).
  10. Ministry of Finance Resolution F. No. 01-01/2025-E.III(A) dated 3 November 2025 (constitution of the 8th Central Pay Commission).