In
exercise of the powers conferred by the proviso to Article 309 and
Clause (5) of Article 148 of the Constitution and after consultation
with the Comptroller and Auditor-General in relation to persons serving
in the Indian Audit and Accounts Department, the President hereby makes
the following rules, namely:—
1. Preliminary
(1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.
(2) They shall come into force on the date of issue of this
Notification and shall apply to transfers effected on/or after that
date.
(3) These rules shall apply to all Government servants appointed in
Civil Services and posts under the Central Government including
work-charged staff but shall not apply to -
(a) Railway employees,
(b) Armed Forces Personnel and those paid from the Defence Services Estimates,
(c) Government servants engaged on contract and those who are not in whole-time employment of Government.
(d) Government servants, paid out of contingencies.
2.(1)
When a Government servant to whom these rules apply is transferred to
the control of another Government or organization, which has made
separate rules prescribing amount of joining time, his Joining Time for
the journey o join his post under that Government /organization and for
the return journey, will be governed by those rules, unless different
provisions are expressly made in the terms of deputation/foreign service
by mutual agreement between the lending and borrowing authorities.
(2) The Joining Time of railway employees, Armed Forces Personnel and
those paid from Defence Services Estimates and the employees of State
Government or any other organization who are appointed to Civil Services
and posts under the Central Government on deputation or on foreign
service basis, shall, for joining the Civil Services and posts under the
Central Government and for the return journeys, be regulated in
accordance with these rules, unless different provisions are expressly
made in their respective terms, of deputation/foreign service, by mutual
agreement between the lending and borrowing authorities.
3. Definitions
Unless there is Something repugnant in the subject or context, the
terms defined in these rules are used in these rules in the sense
hereinafter explained:-
(a) “Department of Government of India”
means a Ministiy or Department of the Central Government as notified
from time to time and any other authority which exercises the powers of a
Department/Ministry of the Government of India.
[ In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules. ]
(b) “Head of Department” means the authority declared as such under the
Delegation of Financial Powers Rules, 1978. In the case of the Indian
Audit and Accounts Department, Head of Department means the authority
declared as such by the Comptroller and Auditor-General of India.
(c) “Joining Time” means time allowed to a Government servant in which
to join a new post or to travel to a Station to which he is posted.
(d) “Transfer” means the movement of a Government servant from one post
to another either within the same Station or to another station to take
up duties of a new post or in consequences of change of his
headquarters.
4. Joining Time
(1) Joining time shall be granted to a Government servant on transfer
in public interest to enable him to join the new post either at the same
or a new station. No joining time is admissible in cases of temporary
transfer for a period not exceeding 180 days. Only the actual transit
time, as admissible in case of journeys on tour, may be allowed.
(2) The surplus staff transferred from one post to another under the
Scheme Regulating Redeployment of Surplus Staff shall be eligible for
joining time.
(3) Government servants who are discharged due to reduction of
establishment from one Central Government office and reappointed to
another Central Government office shall be entitled to joining time, if
the orders of appointment to the new post are received by them while
working in the old post. If they are appointed to the new post after
being discharged from the old post, the period of break may be converted
into joining time without pay by the Head of Department, provided that
the break does not exceed 30 days and the Government servant has
rendered not less than 3 years continuous service on the date of his
discharge.
(4) For appointment to posts under the Central Government on the
results of a competitive examination and/or interview open to Government
servants and others, Central Government employees and
permanent/provisionally permanent State Government employees will be
entitled to joining time under these rules. But temporary employees of
the Central Government who have not completed 3 years of regular
continuous service, though entitled to joining time would not be
entitled to joining time pay.
5. (1) The joining time shall commence from the date of relinquishment
of charge of the old post if the charge is made over in the forenoon or
the following date if the charge is made over in the afternoon.
(2) The joining time shall be calculated from old headquarters in all
cases including where a Government servant receives his transfer orders
or makes over charge of the old post in a place other than his old
headquarters, or where the headquarters of a Government servant while on
tour is changed to the tour station itself or where his temporary
transfer is converted into permanent transfer.
(3) Not more than one day’s joining time shall be allowed to a
Government Servant to join a new post within the same station or which
does not involve a change of residence from one station to another. For
this purpose, the term ‘same station’ will be interpreted to mean the
area falling within the jurisdiction of the municipality or corporation
including such of suburban municipalities. notified areas or cantonments
as are contiguous to the named municipality. etc.
(4) In cases involving transfer from one Station to another and also
involving change of residence, the Government servant shall be allowed
joining time with reference to the distance between the old headquarters
and the new headquarters by direct route and ordinary mode(s) of travel
as indicated in the following schedule. When holiday(s) follow(s)
joining time, the normal joining time may be deemed to have been
extended to cover such holiday(s).
Distance between the old headquarters and the new headquarters
|
Joining Time admissible
|
Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 kms:
|
1,000 km or less
|
10 days
|
12 days
|
More than 1,000 km
|
12 days
|
15 days
|
More than 2,000 km
|
15 days except in cases of travel by air for which the maximum will be 12 days.
|
15 days
|
NOTE.—
Distance means actual distance and not weighted mileage for which fare
is charged by the Railways in certain ghat/hill sections.
(5) Extension of joining time beyond the limits indicated in Rule 5 (4)
can be granted up to the maximum limit of 30 days by the Head of
Department and beyond 30 days by the Department of the Government of
India, the guiding principle being that the total period of joining time
should be approximately equal to 8 days for preparation plus reasonable
transit time plus holidays, if any, following the extended joining
time. While computing the transit time, allowance could be made for the
time unavoidably spent due to disruption of transport arrangements
caused by strike or natural calamities, or the period spent awaiting the
departure of the steamer.
6. (1) When a Government servant joins a new post without availing full joining time by reasons that:-
(a) he is ordered to join the new post at a new place of posting
without availing of full joining time to which he is entitled; or
(b) he proceeds alone to the new place of posting and joins the post
without availing full joining time and takes his family later within the
permissible period of time for claiming Travelling Allowance for the
family;
the number of days of joining time admissible under sub-rule (4) of
Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject
to a maximum of 15 days reduced by the number of days of joining time
actually availed of shall be credited to his leave account as earned
leave:
Provided that the earned leave at his credit together with the
unavailed joining time allowed to be so credited shall not exceed 240
days.
(2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
(3) If a Government servant in transit on transfer is directed to
proceed to a place different from that indicated in the initial transfer
orders, he shall be entitled to joining time already availed of up to
the date of receipt of revised orders plus fresh spell of full joining
time from the date following the date of receipt of the revised orders.
The fresh spell of joining time in such cases shall be calculated from
the place, at which he received the revised orders as if he is
transférred from that place.
7. Joining Time pay
A Government servant on joining time shall be regarded as on duty
during that period and shall be entitled to be paid joining time pay
equal to the pay which was drawn before relinquishment of charge in the
old post. He will also be entitled to Dearness Allowance, if any,
appropriate to the joining time pay. In addition, he can also draw
compensatory allowances like House Rent Allowance as applicable to the
old station from which he was transferred. He shall not be allowed
Conveyance Allowance or permanent Travelling Allowance.
8. Miscellaneous
Where any Ministry / Department of Government of India is satisfied
that the operation of any of these rules causes undue hardship to any
particular case, that Ministry or Department of the Government of India
may by order, for reasons to be recorded in writing, dispense with or
relax the requirement of that rule to such extent and subject to such
exceptions and conditions as it may consider necessary for dealing with
the case in a just and equitable manner, provided that no such order
shall be made except with the concurrence of the Ministry of Home
Affairs, Department of Personnel and Administrative Reforms.
9. If any doubt arises as to the interpretation of these rules, it
shall be referred to the Government of India, Ministry of Home Affairs,
Department of Personnel and Administrative Reforms.
10. All rules and instructions on the subject of joining time in force
immediately before commencement of these rules and applicable to
Government servants to whom these rules apply, are hereby repealed.
GOVERNMENT OF INDIA’S ORDERS
(1) Transit Time /Joining Time to cover journey from / to a remote
locality while proceeding on/or returning from leave.— With the
promulgation of the Central Civil Services (Joining Time) Rules, 1979,
certain provisions of FRs and SRs and Government Orders thereunder
relating to transit time / joining time admissible to Government
servants to cover journeys from to a remote locality while proceeding
on/or returning from leave or on transfer became inoperative. As regards
joining time to remote localities on transfer, no difficulty was
anticipated because Heads of Departments could allow joining time under
Rule 5 (5) of the CCS (Joining Time) Rules, 1979. As regards joining
time to remote localities during leave, it was proposed to make suitable
provisions in the Central Civil Services (Leave) Rules. Pending
amendment to the Leave Rules, some administrative instructions were
issued vide this Department’s Office Memorandum No.
21011/12/79-Allowances, dated the 16th November, 1979 and No.
19011/30/81-Allowances, dated the 13th October, 1981 (not printed).
Since revision of the Leave Rules has not been finalized, the following
administrative instructions are issued in supersession of those Office
Memorandums to cover cases of journey to/from remote localities while on
leave:-
(i) A Government servant proceeding on leave from/to a place in the
remote locality mentioned in Column 1 of the Annexure to this OM or
returning from leave to/from the said place shall be entitled, once in a
calendar year, to transit time each way to cover the period spent in
journey between the said remote locality and the specified station at
the scale prescribed in Column 3 of
that Annexure.
(ii) The concession is also admissible, while on leave, to a Government servant
(a) who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and
(b) who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.
(iii) A Government servant domiciled in the Union Territory of Andaman
and Nicobar Islands or the Union Territory of Lakshadweep and proceeding
on leave to his home town in another Island of the Union Territory
concerned, shall be entitled, once in a calendar year, to transit time
to cover the period spent in journey by sea to the island in which his
home town is located and vice versa while returning from leave. The
transit time thus admissible shall be the actual number of days taken in
the journey by sea subject to a maximum of seven days for each journey.
(iv) Where the outward journey falls in one calendar year and the
return journey falls in the succeeding calendar year, the concession
shall be counted against the calendar year in which the leave commences.
In calculating transit time, holidays falling before or at the end of
it shall be excluded while those falling during transit time shall be
included.
(v) A Government servant domiciled in the Union Territory of Andaman
and Nicobar islands or the Union Territory of Lakshadweep and recruited
for service in the respective territory, when posted for service on
mainland in public interest shall be entitled joining time, once a year,
while proceeding to and returning from the Union Territories of Andaman
& Nicobar islands and Lakshadweep on leave.
(vi) A Government servant, domiciled in any part of India other than
Union Territory of Andaman and Nicobar Islands or the Union Territory of
Lakshadweep and recruited whether within or outside that Union
Territory for service there, while proceeding on leave from his post in
one island in that Union Territory to his home town on the mainland to
join his post in another island in that Union Territory shall be
entitled to joining time on the same scale as provided in Para. I (i)
above.
2. When a Central Government servant posted in the remote areas spends
his leave Outside the Union Territory, the journey time from the place
in the remote area to the Specified Station indicated in the Annexure
and vice versa will be treated as free joining time if admissible under
this Office Memorandum and in addition, the remaining journey time if
any, in excess of 2 days could be allowed as free joining time under the
provisions of Finance Ministry O.M. No. 20014/3/83.E IV, dated the 14th
December, 1983. (See Appendix- 9)
Source – DOPT
ORIGINAL COPY - http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/CCS-01082012.pdf
