Rule 31 of the General Financial Rules 2017 Sanctions regarding Establishment not to lapse
Original Rule Text
Visual Summary
Approvals for permanent staff or allowances do not expire.
This rule overrides the general 12-month expiry rule for sanctions (Rule 30).
Applies to yearly additions to permanent staff and allowances for posts, even if unclaimed.
Executive Summary
Rule 31 of the General Financial Rules, 2017, creates a special exception to the general rule that financial approvals (sanctions) expire after 12 months. This rule states that sanctions for adding permanent staff to a government department or for specific allowances tied to a post do not lapse. This ensures stability for core government functions and long-term staffing plans, even if the funds are not used or claimed within a year.
In-Depth Analysis of the Rule
Introduction
Typically, under Rule 30, any financial sanction from the government expires if no payment is made against it within twelve months. Rule 31 provides a crucial exception to this principle, ensuring continuity for essential government structures. Its purpose is to prevent disruption to long-term staffing plans and established compensation frameworks due to annual budgetary cycles.
Breakdown of the Rule
- ‘Notwithstanding anything contained in Rule 30…’: This opening phrase makes it clear that Rule 31 overrides the general 12-month expiry rule in the specific circumstances it outlines.
- ‘addition to a permanent establishment’: This refers to the creation of new, permanent government jobs as part of a structured, ongoing plan (‘general scheme’), not temporary or one-off positions. The sanction to create these roles remains valid year after year as per the scheme.
- ‘allowance sanctioned for a post or for a class of Government servants’: This covers special payments attached to a particular job (e.g., a hardship allowance for a remote posting) or for a specific group of employees (e.g., a uniform allowance). The approval for this allowance is tied to the post itself.
- ‘but not drawn by the officer(s) concerned’: This is a key point. Even if the person currently in the post does not claim the sanctioned allowance, the sanction itself remains active. It does not expire due to non-use.
- ‘shall not lapse’: This is the core command of the rule. These specific types of sanctions are evergreen and do not have an expiry date.
Practical Example
Imagine the government approves a five-year plan to add 20 new permanent data analyst positions to a ministry each year. The sanction for creating these 20 positions in a given year does not expire at the end of that year if they are not all filled immediately.
Similarly, if a special ‘High-Altitude Allowance’ is sanctioned for a specific border post, that allowance remains tied to the post indefinitely. If an officer posted there forgoes claiming it for 15 months, the sanction doesn’t lapse. The next officer assigned to that same post can claim the allowance without needing a new sanction.
Conclusion
Rule 31 is a practical provision that provides stability and predictability for the fundamental aspects of government administration—its permanent staff and their established compensation. It ensures that long-term strategic decisions regarding human resources are not undermined by the annual ‘use it or lose it’ nature of most financial sanctions.
Related Provisions
Understanding Rule 31 is enhanced by looking at the rules it directly relates to. These provisions provide context for why this exception is significant:
- Rule 30: Lapse of Sanctions – This is the general rule that Rule 31 provides an exception to. Rule 30 states that most financial sanctions expire if no payment is made within 12 months.
- Rule 27: Date of effect of sanction – This rule explains when a sanction becomes legally effective, which is the starting point from which the 12-month lapse period (under Rule 30) would be calculated.
Learning Aids
Mnemonics
- PAP: Permanent Allowances Persist. This helps remember that sanctions for Permanent establishments and Allowances Persist and do not lapse.
- Think of Rule 31 as the ‘Evergreen Rule’ for sanctions – they don’t expire or ‘wither away’ after one year like most others.
Mindmap
Multiple Choice Questions (MCQs)
1. What is the main purpose of Rule 31?
- A) To make all sanctions lapse after 6 months.
- B) To provide exceptions to the general rule of sanctions lapsing.
- C) To detail the process for creating temporary posts.
- D) To list all types of government allowances.
Show Answer
Correct Answer: B) To provide exceptions to the general rule of sanctions lapsing.
2. Under Rule 31, which of the following sanctions will NOT lapse after twelve months?
- A) A one-time grant for purchasing office furniture.
- B) A sanction for hiring a temporary consultant for a 6-month project.
- C) A sanction for adding five new permanent positions to a department under a general scheme.
- D) A sanction for a specific local purchase of stores.
Show Answer
Correct Answer: C) A sanction for adding five new permanent positions to a department under a general scheme.
3. A special allowance is sanctioned for a specific remote post. The officer currently holding the post does not claim this allowance for 18 months. What is the status of the sanction for the allowance according to Rule 31?
- A) It lapses after 12 months because the allowance was not drawn.
- B) It remains valid for the post, and the next officer appointed can claim it.
- C) It is automatically converted into a one-time grant for the office.
- D) It requires renewal from the competent authority after 12 months of non-payment.
Show Answer
Correct Answer: B) It remains valid for the post, and the next officer appointed can claim it.
Frequently Asked Questions
Does Rule 31 apply to sanctions for temporary or contractual staff?
No, Rule 31 specifically applies to additions to a *permanent* establishment. Sanctions for temporary staff would typically fall under the general provisions of Rule 30 and would lapse if unused after 12 months.
What happens if an allowance is sanctioned for a post, but the post remains vacant for over a year?
According to Rule 31, the sanction for the allowance is attached to the post itself, not the person holding it. Therefore, the sanction would not lapse even if the post is vacant. The allowance can be claimed by the next person who fills that post.
Why is this exception (Rule 31) necessary?
This exception provides stability and continuity for the core structure of the government. It ensures that long-term staffing plans and established compensation for specific roles are not disrupted by the annual lapsing of financial sanctions, which could otherwise hinder planned, multi-year recruitment or affect morale.
Key Takeaways
- Certain financial approvals (sanctions) for permanent government jobs and specific allowances do not expire.
- This rule is a direct exception to the general principle that sanctions lapse after 12 months if unused.
- It applies specifically to permanent staff additions made under an ongoing, approved scheme.
- It also covers allowances tied to a specific post, which remain valid for that post even if the current officer doesn’t claim the money.