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Ziaur Rahman (ACP)     23 June 2021

Fundamental rules

Are Fundamental Rules applicable on all the employees under the Central and State Government or only on Central Government employees?


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 5 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 June 2021

These rules apply, subject to the provisions of rule 3 to all Government servants whose pay is debitable to civil estimates and to any other class of Government servants too which the president may, by general or special order, declare them to applicable. Applicability FR 3: These rules do not apply to Government servants whose conditions of service are governed by Army or Marine Regulations.

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Sudhir Kumar, Advocate (Advocate)     24 June 2021

what are facts                   

Nirali Nayak   24 June 2021

Hello sir, greetings of the day.
As per your query, Fundamental rule are applicable to all the employees who work under the Central Government and the State Government. Fundamental Rules (FRs) are the set of general rules which are applicable to all Government Servants whose pay is debitable to the Civil Estimates and to any other class of Government Servants too  which the President of India may, by general or special order. You can refer to Fundamental Rules and Subsidiary Rules, 1935 to know the applicability of this provision to Members of Services. There are no rules that modify or replace any of the Fundamental Rules which shall adversely affect any person who is in Government service at the time when these rules were implemented except under the direction of the authority competent or empowered to make such a rule. There are 130 Fundamental Rules in total. 
Hope this solves your query.
Regards
Nirali Nayak
Law Student

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Ziaur Rahman (ACP)     24 June 2021

Thanks for the clarification. 

Sudhir Kumar, Advocate (Advocate)     27 January 2023

Agreeing with above views I will add that these rules are adopted by resolution by most Autonomous Bodies and some PSUs as well.


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