CHAPTER IX – Joining Time

CONDITIONS UNDER WHICH ADMISSIBLE

 

9.1              Joining time may be granted to a Government employee to enable him –

(a)                to join a new post either at the same or new station, without availing himself of any leave on relinquishing charge of his old post;

(b)               to join a new post in a new station on return from –

(i)         earned leave not exceeding 180 days, in respect of Government employees subject to the Leave Rules in Section III of Chapter VIII.

(ii)                leave other than that specified in sub-clause (I) when he has not had sufficient notice of his appointment to new post.

            (c)        (i)         to proceed on transfer or on the expiry of leave from a specified station to join a post in a place in a remote locality which is not easy of access;`

(ii)                to proceed, on relinquishing charge of a post on transfer or leave, in a place in a remote locality which is not easy of access to a specified station.

Note 1.-           The authority which granted the leave will decide whether the notice referred to in clause (b) (ii) was insufficient.

Note:- 2.          The joining time and travelling allowance of military officers in civil employ are governed by the civil rules in virtue of the provisions of paragraph 593 of the Regulations for the Army in India (Rules) and paragraph 2 (iii) and 14 of the Defence Services Regulations, India Passage Regulations, respectively, read with Fundamental Rule 3.  These rules admit of the grant of joining time and travelling allowance to military officers in civil employ not only on the occasion of their transfer to civil employ and retransfer to military employ but also when they are actually serving in the civil employ.  For the purposes of these rules, privilege leave under the military leave rules, should be treated as earned leave of not more than four months’ duration. 

Note 3:-           The time reasonably required for journeys between the place of training and the stations to which a Government employee  is posted immediately before and after the period of training should be treated as part of the training period.  This does not apply to probationers holding “training posts” which they may be considered as taking with them on transfer.  Such probationers are entitled to joining time when transferred.

Note 4. -          When a Government employee holding a temporary post is offered through his official superior another such post at some other station at any time before the abolition of his post, he is entitled to joining time.

Note 5. -          No joining time, joining time pay or travelling allowance shall be granted to a State Government employee who is appointed to a post under the Union Government but joins his new post after termination of his employment under the State Government by resignation or otherwise, unless the employment of a particular Government employee is in the wider public interest.  The same applies to a employee of the Union Government or of another State Government who, in similar circumstances, is appointed to a post under the Punjab Government.  Further, when a Government employee of one department is appointed to a post in another department, both departments being under the Punjab Government, but joins his new post after termination of his employment under the old departments, no joining time, joining time pay or travelling allowance shall be allowed unless it is in the public interest to do so.  If joining time is allowed in any case it should be the minimum necessary and should in no case exceed the transit period.

Note 6. -          Joining time, joining time pay and travelling allowance of Government employees appointed to posts under the Punjab Government on the results a Competitive Examination, which is open to both Government employees and others, is regulated as under :-

(a)                travelling allowance, joining time and joining time pay should ordinarily be allowed to all Government employees serving under the Union or State Government who hold permanent post in a substantive capacity.

(b)               No travelling allowance, joining time pay should be granted in the case of those who are employed in a temporary capacity without the sanction of Government.

(c)                For the purpose of clause (a) above provisionally permanent and quasi-permanent Government employees shall be treated as on par with the permanent Government employees.

9.2              No joining time is allowed in cases when a Government employee  is transferred from one post to another in the same office establishment.

9.3              (a)        A Government employee on transfer during a vacation may be permitted to take joining time at the end of the vacation.

            (b)        If vacation is combined with leave, joining time shall be regulated under rule 9.1 (b) (i), if the total period of leave on average pay and vacation or earned  leave and vacation combined is of not more than six months or 180 days duration, respectively.

9.4       If a Government employee takes leave while in transit from one post to another, the period which has elapsed since he handed over charge of his old  post must be included in his leave.  On the expiry of the leave, the Government employee may be allowed normal joining time.            

CALCULATION OF JOINING TIME

9.5       The joining time of a Government employee in cases involving a transfer from one station to another, neither of which is in a remote locality not easy of access, is subject to a minimum of 30 days. Six days are allowed for preparation and in addition, a period to cover the actual journey calculated as follows;-

            (a)        A Government employee is allowed :-

(i)

For the portion of the journey which he travels by air craft

 

Actual time occupied in the journey.

(ii)

For the portion of the journey which he travels or might travel.

One day for each.

 

By railways

… 500 kilometers

 

By ocean steamer

…350 kilometers)

Or any

 

By river steamer

… 150 kilometers )

Longer time actually occupied in the journey.

 

By motor vehicle or horse-drawn conveyance

… 150 kilometers.

 

In any other way

  25 kilometers

 

            (b)        (i)         For purpose of journey by air under clause (a) (i) a part of day should be treated as one day.

(ii)                a  day is also allowed for any fractional portion of any distance prescribed in clause (a) (ii).

            (c)        when part of the journey is by steamer, the limit of six days for preparation may be extended to cover any period unavoidably spent in awaiting the departure of the steamer.

Note . -            If a steamer is not due to start immediately after the expiry of six days from the day when the Government employee, gives over charge, the Government employee may add to his joining time the number of days intervening between the expiry of the six days and the departure of the next steamer, whether he actually starts during the first six days or by the next boat after their expiry.

(d)               travel by road not exceeding eight kilometers to or from a railway station, or steamer ghat at the beginning or end of journey does not count for joining time.

(e)                A Sunday does not count as a day for the purpose of the calculations in this rule but Sundays are included in the maximum period of 30 days.

Exception -     The authority sanctioning the transfer may in special circumstances reduce the period of joining time admissible under this rule.

9.6              Not more than one day is allowed to a Government employee in order to join a new post when the appointment to such post does not necessarily, involve a change of residence from one station to another.  A holiday counts as a day for the purpose of this rule.

9.6-A.  When holiday (s) follow (s) joining time, the normal joining time may be deemed to have been extended to cover such holiday (s).

9.7              Except in the case of a journey performed by air which will be governed by the provisions in clause (a) (I) of rule 9.5 by whatever route a Government employee actually travels his joining time shall, unless a competent authority for special reasons otherwise order, be calculated by the route which travellers ordinary use.

9.8              (a)        The joining time of a Government employee under clause (b) (I) and (ii) of rule 9.1 will be counted from his old station or from the place at which he receives the order of appointment, whichever calculation will entitle him to less joining time.  If the leave is being spent out of India and the order of appointment to the new post reaches him before he arrives at the port of debarkation, the port of debarkation is the place in which he received the order for the purpose of this rule.  If, however, such a Government employee actually performs the journey to his old headquarters for winding up his personal affairs, etc. his joining time will be calculated from the old headquarters to the new headquarters, irrespective of the place where he spends leave or receives posting orders.  A certificate to the effect that the Government employee had actually performed the journey from the station where he was spending leave to the old headquarters for winding up personal affairs should be furnished by the officer concerned with his charge report for assumption of the post at the new headquarters.  The responsibility for obtaining the certificate from a gazetted officer would rest with the Audit Officer concerned and for non gazetted staff , with the head of office.

            (b)        A Government employee taking joining time under clause (b) (I) of rule 9.1 who receives, while on leave (whether spent in or out of India); order of transfer to a station other than that from which he took leave, will be granted full joining time admissible under clause (a) above, without reference to the authority which granted the leave and irrespective of the date on which the orders of transfer are received by him.  Should he join his new appointment before the expiry of such leave plus the joining time admissible the period short taken should be considered as leave not enjoyed, and a corresponding portion of the leave sanctioned should be cancelled without any reference to the authority which granted the leave.  If in any case, the Government employee desires not to avail himself of the full period of joining time admissible the period of leave and joining time should be adjusted with reference to such option.

9.9              Omitted.

9.10          If a Government employee is authorised to make over charge of a post elsewhere than at his headquarters, his joining time shall be calculated from the place at which he actually makes over charge.

9.10-A. If the headquarter of a Government employee, while on tour is changed to the tour station itself, or his temporary transfer is converted into permanent transfer by the competent authority, his joining time may be calculated from the old headquarters, to the new headquarters, in case he actually performs the journey to his old headquarters for winding up his household etc.

9.11          If a Government employee is appointed to a new post while in transit from one post to another, his joining time begins on the day following that on which he receives the order of appointment.

Note. -             A second period of six days for preparation should not be included in calculating the joining time of a Government employee whose appointment is changed while he is in transit.

9.12          When a Government employee under the administrative control of the Punjab Government is transferred to the control of another Government, his joining time for the journey to join his post under that Government and for the return will be governed by the rules of that Government.

9.13 and 9.14   Omitted.

PAY DURING JOINING TIME

9.15          A Government employee on joining time shall be regarded as on duty, and shall be entitled to be paid as follows:-

(a)                where joining time is granted under clause (a) of rule 9.1 the pay which he would have drawn if he had continued in the old post; or the pay which he will draw on taking charge of the new post, whichever is less;

(b)               where the joining time is granted under clause (b) of rule 9.1 –

(i)         if it is in continuation of leave which included a period of leave on average pay of earned leave pay equal to leave-salary which he last drew during such leave on average pay or earned leave at the rate prescribed for payment of leave salary in India ; and

(ii)        if it is in continuation of leave which did not include a period of earned leave-pay equal to the leave salary which the Government employee would have drawn under the leave rules applicable to him as if he had been on leave on average pay or earned leave in India for the period of joining time;

(c)                where joining time is granted under clause (c) of rule 9.1, the pay which he would draw in his post in the remote locality :

Provided that :-

(i)         a Government employee on transfer shall not be entitled to any pay for the period of joining time unless his transfer is in the interest of public service;

(ii)                no joining time pay shall be granted to a Government employee who does not hold a permanent post under Government (including the central and State Governments) in a substantive capacity or a post under the Punjab Government in a quasi-permanent capacity, when he is appointed to a new post on the results of a competitive examination or interview which is open to both Government employees and others.

Note 1. -          A Government employee on transfer is not entitled to be paid while on joining time unless his transfer is made in the public interest.

                                    In such cases the Government employee may be granted regular leave by the competent authority under the leave rules admissible to him even if the transfer is at his own request to cover the period after handing over charge at the old station and before taking over at another, if the Government employee applies for it and the competent authority is willing to sanction it.  In case, however, where the Government employee does not apply for leave to cover the period spent in transit, this period should be treated as “dies non” for purposes of leave, increment and pension.

Note 2. -          A military officer subject to the Military Leave Rules who retains a lien on his civil post is entitled on joining time, under sub-clause (ii) of clause (b) above, to draw the same amount of leave salary which he would have drawn had he taken leave under Civil Leave Rules : Provided that such leave-salary shall not be less than that which he actually drew during the last portion of his leave.

9.16          In the Public Works Department no extra pay (where the transfer involves the grant of extra pay) can be drawn in any case by a relieving Government employee until the transfer is complete, but as far as ordinary pay and allowances are concerned as exception may be made to the general rule in all cases in which the charge to be transferred (whether a division, a sub-division, or other charge) consists of several scattered works which the relieving and the relieved Government employee are required, by the orders of a superior officer, to inspect together before the transfer can be complete.  The relieving Government employee will be considered as on duty if the period taken in carrying out these inspection is not considered by the Superintending Engineer to be excessive.  While so taking over charge, the relieving Government employee will draw :-

(i)         if he is transferred from a post which he holds substantively his presumptive pay in that post;

(ii)                if he is transferred from a post which he has held in an officiating capacity, the officiating pay admissible in that post : provided it is not more than the pay he would draw after the transfer is complete : otherwise his presumptive pay in the permanent post on which he had a lien prior to transfer ;

(iii)               if he returns from leave, his pay during the period of taking over charge be regulated as follows :-

(a)                if he went on leave while working in the post held by him substantively, the presumptive pay of that post; and

(b)               if he went on leave while working in a post in an officiating capacity, the officiating pay of that post or the pay which will be admissible to him in the new post, after taking over charge, which ever is less.

Note 1. -          The concession of house-rent allowance or free quarter ordinarily admissible to a Government employee should be treated as “ordinary pay and allowances” within the meaning of this rule and is admissible to both the relieved and the relieving Government employees during the period occupied by them in handing over and taking over charge.

Note 2. -          In each case where it has been decided to treat the period of taking over charge of a relieving officer as ‘duty’ under the provisions of this rule, a declaration in the following proforma should be issued:-

DECLARATION

                        I,______________________________________________________

                                    (Name)                                                (Designation)

            declare that Shri _________________________________________________

                                    (Name and designation of the officer to be relieved)

            and Shri ______________________________________________________

(Name of the relieving officer)

                        ________________________________________ were engaged in

            (Designation)

Joint inspection of several scattered works and / or stores during the  period              from _____________________________ to ___________________________

In connection with handing over and taking over charge and I do not consider the above period as excessive during which  Shri _____________________________ shall be treated as on duty.

 

(Name of the relieving officer)

Station.                                                     Name

Date.                                                                    Designation.

9.17.        The application of rule 9.16 which forms as exception to the general rule and which concerns the Public Works Department only, has also been extended to the transfer of charge specified in column 2 of the table below in the case of the following departments.  The authority noted in column 3 against each is to determine whether the period spent in completing the transfer of charge is not excessive:-

 

Name of Department

Charge to be transferred

Authority competent to determine whether the period spent in completing the transfer of charge is not excessive

1.

Jail Department

Deputy Superintendent and Storekeepers.

Inspector-General of Prisons, Punjab.

 

 

Senior Factory Assistant, Reformatory Settlement, Amritsar

Ditto

2.

Industries Department

Teachers and clerks holding charge of Stores in the Government Industrial Schools and Institutions

Director of Industrial Training.

 

 

Storekeepers in the Government Central Weaving Institute, Amritsar; School of Arts, Government Institute of Dyeing and Calico-Printing and Demonstration Weaving Factory, Ludhiana.

Director of Industries.

 

 

Lady Superintendent and Head Mistresses who hold charge of Stock and Stores in Government Zenana Industrial Schools.

Director of Industries.

 

 

Storekeepers and Clerks in Government Tanning Institute, Jullunder, Government Hosiery Institute, Ludhiana Marketing Sections, Wool Section and Sericulture Section.  Laboratory Assistant in the Industrial Research Laboratory, Demonstrators of all Demonstration parties in the Punjab.

Ditto

3.

Agriculture Department

Storekeepers, Well Supervisors and Well Borers in Workshops and Well Boring Section and Agriculture Assistants and Clerks attached to Farms.

Director of Agriculture.

4.

Veterinary Department

Veterinary Assistant and Veterinary Assistant Surgeon incharge of Civil Veterinary Hospitals.

Divisional Superintendent, Civil Veterinary Department

5.

Judicial Department

Ahlmads and Record-keepers in the Courts of District and Sessions Judges including Additional District and Sessions Judges

District and Sessions Judges concerned upto 10 days.

 

 

Ahlmads, Execution Moharrirs, Guardian Moharrirs in the Court of Senior and other Subordinate Judges and administrative Subordinate Judges and Readers to Administrative Subordinate Judges, Ahlmads, Naib, Shariff incharge of Execution Work and Insolvency Clerk in Small Cause Courts.

Presiding Officer of the Court up to 7 days and District Sessions Judges upto 10 days.

6.

Food and Supplies Department

Inspectors, Food and Supplies/ Sub-Inspectors, Food and Supplied.

Head of the Department : Provided the total period spent in the transfer of charge does not exceed four days.

7.

Treasuries and Accounts Branch.  Finance Department

Assistant Treasury Officer, District Treasurers and Assistant/ Sub-Treasurers.

Head of Department

8.

Treasuries and Accounts Branch, Department of Finance.

Treasury Officers.

Head of Department upto two days.

9.

Printing & Stationery Department

Store-Keepers.

Head of Department provided the total period spent in transfer of charge does not exceed 6 days.

 

OVERSTAYAL AND EXTENSION OF JOINING TIME

9.18.        A Government employee who does not join his post within his joining time is entitled to no pay or leave salary after the end of the joining time.  Willful absence from duty after the expiry of joining time may be treated as misbehaviour for the purpose of rule 3.17.

9.19.        (a)        A  competent authority may, in any case extend the joining time admissible under these rules, provided that the general spent of the rules is observed.

            (b)        Within the prescribed maximum of thirty days.  Heads of Departments may, in the case of Government employees under their control (other than these belonging to All India Services), extend the joining time admissible under the rules to the extent necessary in the following circumstances :-

                        (i)         when the Government employee has been unable to use the ordinary mode of travelling or, notwithstanding due diligence on his part has spent more time on the journey than is allowed by the rule or

(ii)                when such extension is considered necessary for the public convenience or for the saving or such public expenditure as is caused by unnecessary or purely formal transfers ;

(iii)               when the rules have, in any particular case, operated harshly, as for example, when a Government employee has through so fault on his part missed a steamer or fallen sick on the journey.

 

JOINING TIME TO PERSONS NOT IN GOVERNMENT SERVICE ON JOINING THE GOVERNMENT SERVICE AND ON REVERSION FROM IT

9.20.        A person in employment other than Government service or on leave granted from such employment, if, in the interest of Government, he is appointed to a post under Government, may, at the discretion of the competent authority, be treated as on joining time while he prepares for and makes the journey to join the post under Government, and while he prepares for and makes the journey on reversion from the post under Government to return to his original employment.  During such joining time he shall receive pay equal to the pay, or, in the case of joining time immediately following leave granted from the private employment, to the leave salary, paid to him, by his private employer prior to his appointment to Government service or pay equal to the pay of the post in Government service, whichever is less.

CHAPTER X

FOREIGN SERVICE AND DEPUTATION IN INDIA

10.1.    Meaning of Foreign Service: -As per definition given in rule 2.21 Foreign Service means service in which a Government employee receives his pay with the sanction of Government from any source other than the revenues of the Union or State Government or a Union Territory.

GENERAL CONDITIONS FOR FOREIGN SERVICE

10.2.    (a)        A competent authority may sanction the transfer of a Government employee to foreign service in or out of India:

            Provided no Government employee may be transferred to foreign service in or out of India against his will:

            Provided further that a Government employee, other than an employee working in the Punjab Vidhan Sabha Secretariat, may, in public interest, be transferred without his consent to foreign service under a Company, a Corporation or a Body whether incorporated or not, which is wholly or substantially owned or controlled by the State Government or under a Municipal Corporation or a local body within the State of Punjab or under the Bhakra Beas Management Board or the Beas Construction Board :

            Provided further that no Government employee shall be transferred to a post carrying pay which is less than or a pay scale the maximum of which is less than the basic pay he would have drawn but for his transfer to foreign service :

            Provided further that no Government employee shall be transferred to foreign service unless the foreign employer undertakes to afford him, as far as, may be, privileges not inferior to those which he would have enjoyed under the Punjab Service (Medical Attendance) Rules, 1940, as amended from time to time, if he had been employed in the service of the Government of Punjab.

(aa)            A Government employee, other than an employee working in the Punjab Vidhan Sabha Secretariat, may in public interest, be deputed without his consent to a post under the Administration of ; Union Territory, Chandigarh :

            Provided that no Government employee shall be deputed under this clause to  a post carrying pay which is less than or a pay scale the maximum of which is less than the basic pay he would have drawn but for this deputation.

            (b)        The Government which will be entitled to recover pension contribution on behalf of a Government employee lent to foreign service should be regarded as the Government competent to sanction the transfer.

10.3     A transfer to foreign service is permissible if the following conditions are fulfilled:-

(a)                the duties to be performed after the transfer are such as should, for public reasons, be rendered by a Government employee ;

(b)               the Government employee transferred holds, at the time of his transfer to foreign service a post paid from Government revenues, or holds a lien on a permanent post, or would hold a lien on such a post had his lien not been suspended.  Transfer of a temporary Government employee to foreign service who fulfils this condition of lien is also permissible;

(c)                A Government employee transferred to foreign service shall remain in the cadre or cadres in which he was included in a substantive or officiating capacity immediately before his transfer.

PAY AND JOINING TIME

10.4     (a)        A Government employee in foreign service shall draw pay from the foreign employer from the date on which he relinguishes charge of his post in Government service.  The amount of his pay, the amount of joining time admissible to him and his pay during such joining time will be fixed by the authority sanctioning the transfer in consultation with the foreign employer.

The competent authority may by general order impose such restrictions in regard to the admissibility of pay to an employee transferred to foreign service, as it may deem fit.  Annexure ‘A’ contains the restrictions regulating the amount of remuneration to be paid to Government employees on foreign service in India.

10.5     A Government employee transferred to foreign service if appointed to officiate to a post in Government service, before his term of foreign service expires or before he reverts to his parent service in normal course shall draw pay calculated on the pay of the post in which he holds a lien had his lien not been suspended and that of the post in which he officiates.  In other words his foreign service will be taken into account in fixing his pay on appointment as above.

Note. -             In case of foreign service out of India the entitlement of the Government employee to sterling overseas pay is to be decided in consultation with the foreign employer and keeping in view the rupee value of the sterling pay (also see not e1 below article 229 of the Account Code, Volume IV).

PENSION AND LEAVE SALARY

10.6.    (a)        A Government employee transferred to foreign service may not, without the sanction of the competent authority, accept a pension or gratuity from his foreign employer in respect of such service.

            (b)        When any Government employee whose services are lent on foreign service conditions retires from Government service without at the same time retiring from the service of his foreign employer, the Accountant-General shall communicate to the foreign employer through the usual authorities a statement showing the date of retirement and the amount of pension drawn from employer the opportunity, if he be so inclined, of revising the existing terms of employment.

            (c)        The employee on foreign service out of India, if he so chooses, may accept gratuity from the foreign Government but the service rendered by him with that Government shall not qualify for pension under the State Government.  The gratuity so accepted shall be credited into the General Provident Fund or the Contributory Provident Fund account, as the case may be, of the employee concerned.

10.7.    (a)        While a Government employee is in foreign service, contribution towards the cost of his pension shall be paid to Government revenues on his behalf.

            (b)        If the foreign service is in India, contributions shall be paid on account of the cost of leave salary also.

            (c)        Contribution due under sub-rules (a) and (b) above shall be paid by the Government employee himself, unless the foreign employer consents to pay them.  They shall not be payable during leave taken while in foreign service.

            (d)        (i)         A Government employee in foreign service out of India may be granted leave by his employer on such conditions as the employer may determine.  In any individual case the authority sanctioning the transfer to foreign service may determine before hand in consultation with the foreign employer the conditions on which leave will be granted by such employer.  The leave-salary in respect of leave granted by said employer will be paid by him and the leave will not be debited against the Government employee’s leave account.

                        Note. - Leave granted under this sub-rule should be treated as leave and not as duty for the purposes of pension.

(ii)                In special circumstances, the authority sanctioning transfer to foreign service out of India may make an arrangement with the foreign employer under which leave may be granted to the Government employee in accordance with the rules applicable to him as a Government employee, if the foreign employee pays leave contribution at the prescribed rate.

RATE OF CONTRIBUTIONS PAYABLE ON ACCOUNT OF PENSION AND LEAVE SALARY

10.8     (1)        The rates of contribution payable on account of pension and leave salary shall be such as the competent authority may by general order specify with a view to –

(a)                secure to the Government employee the pension that he would have earned by service under Government if he had not been transferred to foreign service; and

(b)               to secure to Government employee leave salary on the scale and under the conditions applicable to him.

            (2)        A competent authority may remit the contributions due in any specified case or class of cases as is done in the case of transfer of Assistant Medical Officers to foreign service in Local Fund Charitable Hospitals and Dispensaries.

            (3)        While calculating the rate of leave salary admissible in the case of Government employee entitled to a lien in a post and paying his own contributions the pay drawn in foreign service shall account for the purpose of pay on the last day of duty.

Note. -             The rates of contributions prescribed under this rule and the method of their calculation are given in annexure ‘B’ appended to this Chapter.

 

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