Rule 43 — GAR
Original Rule Text
43. Save as expressly provided by any: general or special orders, a service department shall not make charges against another department for services or supplies which fall within the class of duties for which the former Departments is constituted.
The following exceptions to this rule have been authorised:
(a) The Forest Department shall charge any: other department for vegetable, animal or mineral products extracted from a forest area.
(b) Payment must ordinarily be made: for convict labour as in the case of that supplied to the Public Works and other departments of Government but no charge shall be made: for convict labour in the case of works undertaken by the Public Works Department which are treated as
Jail Works.
(c) The cost of additional Police Guards supplied to an Irrigation or other project while under construction shall be debited to the project concerned.
(d) The Film Division of the Government of India shall charge any other department for the cost of production of films and other services on such terms as may be: settled in each case.
(e) The Central Industrial Security Force functioning under the Ministry of Home. Affairs shall charge any other department for: the cost of force provided, on such terms as may be settled in each case.
D When the Central Public Works Department executes works on behalf of other departments of the Government of India, the cost of which is debitable to the grant (Capital Portion) of those departments, it: shall recover the establishment and: tools and plant charges leviable on such works on. a percentage basis, unless there are special orders of the Government to the contrary.
(g) When the Central Electricity Authority or the Central Water Commission including any office or division under its control executes works on behalf of other departments of the Government of India as an occasional arrangement, the cost of which is met from sources other than the expenditure heads Revenue Account) of those departments it shall recover the establishment and: tools and plant charges leviable on such works on percentage basis, unless there: are special orders of the Government to the contrary.
What This Means
Rule 43 lays down the default rule for service departments: they should not charge other departments for services or supplies that fall within the class of duties for which they were constituted. A medical department does not charge the police department for treating police officers; the PWD does not charge the education department for maintaining school buildings; the Survey of India does not charge other ministries for maps it would produce in its normal course of work. The rationale is that these services are part of what the government provides collectively — one branch of government should not bill another branch for what is essentially a shared public service.
However, Rule 43 lists important exceptions that have been authorised by Government where even service departments may or must charge. The Forest Department charges for timber, minerals, or animal products extracted from forests — the commercial value of natural resources justifies a charge. Prison labour (convict labour) is generally charged to other departments, except when it is used by PWD for designated Jail Works. Police guards supplied to an Irrigation or other project under construction are charged to that project — the cost is genuinely additional to the police department's normal budget. The Film Division charges other departments for film production — a specific service that goes beyond its normal functions. The Central Industrial Security Force charges for deployment. When CPWD executes capital works for other departments, it recovers establishment and plant charges on a percentage basis (unless Government orders otherwise). Similarly, the Central Electricity Authority and Central Water Commission recover establishment and plant charges when they execute works for other departments on an occasional basis.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Default rule: a service department does not charge other departments for services or supplies within its normal constitutional functions.
- 2Exception 1: Forest Department charges for forest products (vegetable, animal, mineral) extracted by any other department.
- 3Exception 2: Convict (prison) labour is generally charged to the using department, except for PWD Jail Works.
- 4Exception 3: Additional police guards supplied to Irrigation or other projects under construction are charged to the project.
- 5Exception 4: Film Division charges other departments for film production services.
- 6Exception 5: Central Industrial Security Force charges departments for security force provided.
- 7Exception 6: CPWD recovers establishment and plant charges (on a percentage basis) when executing capital works for other departments, unless special Government orders exempt this.
- 8Exception 7: Central Electricity Authority and Central Water Commission recover establishment and plant charges for occasional works executed for other departments.
Practical Example
The Ministry of Jal Shakti is constructing a major canal project in Madhya Pradesh. The project site requires security, and the Madhya Pradesh Police provides 12 additional guards for the construction period. Under Rule 43 Exception (c), the cost of these additional police guards — over and above the normal policing duties — is debited to the Canal Construction project's Capital head, not absorbed by the Police Department's own budget. The MP Police Department raises a monthly claim to the irrigation project for the 12 guards' salaries and allowances, and the PAO for the project debits this to the project's capital account.
Simultaneously, the Central Water Commission (CWC) is providing occasional technical consultancy to the same project — something beyond its normal river data collection functions. Under Exception (g), CWC recovers its establishment and plant charges (calculated at the prescribed percentage rate) from the Ministry of Jal Shakti's project fund. The PAO ensures these recoveries are correctly credited to CWC's accounts and debited to the project, creating a clean audit trail.
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.