CHAPTER I
GENERAL SCOPE
1. (i) These rules may be called the Kerala Service Rules.
(ii) The rules in Part I and Part II shall be deemed to have come into force with effect from
1st November 1959 and those in Part III shall be deemed to have come into force from 1st November 1956.
No. 136/2013 dt. 16.03.2013(SRO.181/2013 Gz. No. 777) പ്രകാം 01.04.2013 നോ അതിനുശേഷമോ നിയമിക്കപ്പെടുന്നവര്ക്ക് പാര്ട്ട് 3 (പെന്ഷന്) ബാധകമല്ല.
2. Subject to the provisions of Rule 3,-
(i) The rules in Part II relating to Travelling Allowance shall apply to every person in the whole time employment of the Government (other than a person so employed in the contingent or work establishment);
(ii) The remaining rules shall apply to every person in the whole time employment of the Government (other than a person so employed in the contingent or work establishment),-
(a) who was not in the service of the Government of Travancore-Cochin or the Government of Madras on 31st October 1956, or
(b) who was in the service of the Government of Travancore-Cochin or the Government of Madras on 31st October 1956 and who continued to be in the service of the Government of Kerala, but has opted to be governed by these rules in accordance with such conditions as may be laid down by the Government in this behalf; or
(c) who was absorbed to Government service on or after 1st November 1956, but who prior to such date was in the service of any quasi-Government or other institution and whose appointment and conditions of service were governed by any law or rule made under any law for the time being in force, if such person exercises his option to be governed by these rules, subject to such conditions as may be laid down by Government in this behalf.
Ruling
*The rules in Part II, Kerala Service Rules relating to Travelling Allowances shall apply to the persons appointed to the service of the Government temporarily under Rule 9 of Part II of the Kerala State and Subordinate Service Rules also.
3. (i) These rules shall not apply to,-
(a) persons for whose appointment and conditions of employment special provision is made by or under any law for the time being in force; (b) persons in respect of whose conditions of service, pay and allowances, pension, leave or any of them, special provision has been made by agreement entered into before these rules were made or entered into thereafter in pursuance of the provisions of Rule 8:
Provided that in respect of any matter not covered by the provisions special to him, his service or his post, these rules shall apply to any person coming within the scope of clauses (a) and (b) above, to whom but for those clauses the rules would otherwise apply.
(ii) Notwithstanding anything contained in Rule 2 the Government may, by notification in the Gazette, exclude wholly or in part from the operation of these rules any officer or any class of such officers to whom the Government shall declare that the rules cannot suitably be applied, and these rules shall thereupon to the extent of such exclusion, cease to apply accordingly.
** Note.- These rules as a whole shall not apply to the persons appointed to the service of the Government temporarily under Rule 9 of Part II of the Kerala State and Subordinate Service Rules, 1958, except to the extent specified by the Government.
*[G O(**[G O(P) No. 77/1987/Fin., Dated 22/01/1987]
P) No.1082/1987/Fin., Dated 16/12/1987]
Government Decision
**The direct recruits to the personal staff of the Ministers will be governed by the service conditions specified in the Special Rules applicable to them and in respect of any matter not covered by the provisions in such Special Rules, the provisions in the Kerala Service Rules will apply.
4. If any doubt arises as to whether these rules apply to any person, the matter shall be referred to the Government and the decision of the Government shall be final.
5. Nothing in these rules or in any rule made thereunder shall operate to deprive any person of any right or privilege to which he is entitled,-
(a) by or under any law, or
(b) by the terms of any contract or agreement subsisting between such person and Government on the date these rules come into force.
6. Subject to the provisions of Rule 5, nothing in these rules or any rule made under these rules shall operate to affect to the disadvantage of any person holding a substantive post under Government to whom these rules apply, the conditions of service in respect of pay, leave, allowances, pension or any other matter which are applicable to him-
(a) on the date these rules came into force, or
(b) by virtue of any order or rule made by the Government, unless such person gives his consent.
7. Where Government are satisfied that the operation of any rule under these rules causes undue hardship in any particular case, the Government may dispense with or relax the requirements of that rule to such extent and subject to such conditions as they may consider necessary for dealing with the case in a just and equitable manner.
**[G O(P) No. 68/1965/Fin., Dated 16/02/1965]
8. When in the opinion of the Government, special provisions inconsistent with any of these rules or of any rules made thereunder are required in respect of conditions of service, pay and allowances, leave and pension or any of them, with reference to any particular post, it shall be open to the Government, notwithstanding anything contained in these rules, to provide by agreement with the person appointed to such post for any of the matters in respect of which in the opinion of the Government special provisions are required to be made, and to the extent to which such provisions are made in the agreement, nothing in these rules or in any rules made thereunder shall apply to any person so appointed in respect of any matter for which provision is made in the agreement :
Provided that in every agreement made it shall further be provided that in respect of any matter in respect of which no provision has been made in the agreement, the provisions of these rules or of rules made thereunder shall apply. (For model form of agreement See Appendix I).
9. The Government may delegate to any of its officers subject to any conditions which it may think fit to impose any power conferred upon it by these rules with the following exceptions :-
(a) power to make rules;
(b) [Deleted];
(c) power to regulate the terms and conditions for grant of compensatory allowances;
(d) to determine the standard rent of buildings and the rent recoverable from an officer occupying the residence;
(e) to remit leave and pension contributions in respect of an officer transferred on foreign service; and
(f) to permit an officer on foreign service to receive pension or gratuity from foreign employer.
10. No powers may be exercised or delegated under these rules except after consultation with the Finance Department. It shall be open to that Department to prescribe, by general or special order, cases in which its consent may be presumed to have been given.
11. The Government reserve to themselves the power to modify these rules as may from time to time seem expedient and to interpret them in case of doubt.
Ruling
An officer’s claim to pay and allowances is regulated by the rules in force at the time in respect of which the pay and allowances are earned; to leave, by the rules in force at the time the leave is applied for and granted; and to pension, by the rules in force at the time when the officer resigns or is
discharged from the service of the State.
Persons governed by the Kerala Service Rules who were on leave on the crucial date, i.e. 1st November 1959, the leave having been sanctioned in good faith and availed of from a date prior to 1st November 1959 will be treated to have come over to the leave rules in the Kerala Service Rules on the expiry of the first spell of leave originally sanctioned. Any further extension of such leave after 1st November 1959 should be regulated only in terms of the rules in Kerala Service Rules. No arrears will, however, be paid, nor amounts drawn in excess recovered as a result of such readjustment of leave.
1) The rules in Part III KSR came into force with effect from:
Ans: 1-11-1956
2)If any doubt arises as to whether the rules in KSR would apply to any person, the matter will be decided by:
Ans: Government
3) Who is the authority to interpret the rules in KSR in case of a DOUBT?
Ans: Government
4) Who reserve the power to modify the Kerala Service Rules?
Ans: The Government of Kerala
5) The rules in Part I&II KSR came into force with effect from:
Ans: 1-11-1959
Ans: 1-11-1956
2)If any doubt arises as to whether the rules in KSR would apply to any person, the matter will be decided by:
Ans: Government
3) Who is the authority to interpret the rules in KSR in case of a DOUBT?
Ans: Government
4) Who reserve the power to modify the Kerala Service Rules?
Ans: The Government of Kerala
5) The rules in Part I&II KSR came into force with effect from:
Ans: 1-11-1959
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