Rule 34 — CCS (CCA) Rules
Original Rule Text
34. Repeal and Saving
(1) Subject to the provisions of rule 33, the Central Civil Services Classification, Control and Appeal) Rules, 1957, and the Civilians in Defence Services (Classification, Control and Appeal) Rules, 1952, and any notifications or orders issued thereunder in so far as they are inconsistent with these rules, are hereby repealed:
Provided that-
(a) such repeal shall not affect the previous operation of the said rules, or any notification or order: made, or anything done, or any: action taken, thereunder;
(b) any proceedings under: the said rules, pending at the commencement of these rules shall be continued and disposed of, as far as may be, in accordance with the provisions of these rules, as if: such proceedings were proceedings under these rules.
(2) Nothing in these rules shall be construed as depriving any person to whom these rules apply, of any right of appeal which had accrued to him under the rules, notification or orders in force before the commencement oft these rules.
(3) An appeal pending at the commencement of these rules agains an order made before such commencement shall be considered and orders thereon shall be made, in accordance with these rules as if such orders were made and the appeals were preferred under these rules.
(4) As from the commencement of these rules any appeal or application for review against any orders made: before such commencement shall be preferred or made under these rules, as if: such orders were made under these rules:
Provided that nothing in these rules shall be construed as reducing any period ofl limitation for any appeal or review provided by any rule in force before the commencement of these rules.
What This Means
Rule 34 is the repealing and savings provision — the formal legal mechanism by which the CCS (CCA) Rules, 1965 replaced the two earlier sets of rules: the Central Civil Services (CCA) Rules, 1957 and the Civilians in Defence Services (CCA) Rules, 1952. The repeal is subject to the transitional protections in Rule 33 and to important savings provisions in Rule 34 itself.
The savings provisions are critical to the rule of law. First, the repeal does not invalidate anything done under the old rules — actions taken, penalties imposed, and notifications issued under the 1957 or 1952 rules remain valid. Second, proceedings pending when the new rules came into force are to be continued and disposed of under the 1965 Rules as far as possible, as if the proceedings were initiated under the new rules. Third, a government servant does not lose any right of appeal that had accrued before the new rules came into force — the new rules do not deprive anyone of rights they already had. Fourth, appeals pending when the new rules commenced are to be considered under the 1965 Rules. And fifth, the new rules cannot reduce any period of limitation that existed under the old rules for any appeal or review.
Collectively, these savings provisions ensure that the change of rules does not cause injustice to any government servant by retroactively removing rights or invalidating past actions.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1The CCS (CCA) Rules, 1957 and the Civilians in Defence Services (CCA) Rules, 1952 stand repealed by the 1965 Rules.
- 2The repeal does not affect anything done, any order made, or any action taken under the old rules.
- 3Proceedings pending when the 1965 Rules commenced are to be continued under the new rules.
- 4No person loses any right of appeal that had accrued under the old rules.
- 5Appeals pending at commencement are decided under the 1965 Rules.
- 6The 1965 Rules cannot reduce any limitation period that was longer under the old rules.
- 7Any appeal or review application filed after commencement of the 1965 Rules, even against pre-1965 orders, must be filed under the 1965 Rules.
Practical Example
In October 1965, when the CCS (CCA) Rules, 1965 came into force, there were several pending departmental inquiries against government servants who had been charge-sheeted under the 1957 Rules. The departmental authorities continued these inquiries, applying the procedural framework of the 1965 Rules as closely as possible. When one such inquiry resulted in a penalty order in December 1965, the employee filed an appeal. The appellate authority entertained the appeal under the 1965 Rules, even though the inquiry had been initiated under the 1957 Rules.
In another case, a government servant had a right to appeal under the 1957 Rules with a 60-day limitation period. The 1965 Rules provided for 45 days. Rule 34(4)'s proviso protected this person — the longer 60-day period under the old rules was preserved for any appeal against an order made before the commencement of the 1965 Rules.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
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This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.