This 1979 notification details amendments to the Fundamental Rules concerning the determination of a government servant’s date of birth. It clarifies that the date of birth declared at the time of appointment, supported by documentary evidence, is generally final. However, it outlines specific circumstances under which alterations to the date of birth can be considered – within five years of service entry, with proof of a genuine mistake, and ensuring the alteration doesn’t create ineligibility for past exams or service entry. The rules apply to all government servants, with specific considerations for those in the Indian Audit and Accounts Department.
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No. 19017/7/79-13tt(A)
Government of India/Bharat Sarkar
Ministry of Home Affairs/Bharat Sarkar
Department of Personnel and Administrative Reforms
(Aarnik Aur Prashasnik Sudhar Vibhag)
New Delhi, the 30th Nov., 1979.
NOTIFICATION
3.0…3957. In exercise of the powers conferred by
the proviso to Article 309 and clause (5) of article 148
of the Constitution and in consultation with the Comptroller
and Auditor General of India in so far as persons serving
in the Indian Audit and Accounts Departments are concerned,
the President hereby makes the following rules further to
amend the Fundamental Rules, namely:-
- (a) These rules may be called the Fundamental
(Fourth Amendment) Rules, 1979.
(b) They shall come into force from the date
of their publication in the official Gazette.
- For the existing note 5 below Rule 56, the following
note shall be substituted, namely:-
“Note 5 – The date on which a Government servant
attains the age of fifty-eight years or sixty
years, as the case may be, shall be determined
with reference to the date of birth declared by
the Government servant at the time of appointment
and accepted by the appropriate authority on
production, as far as possible, of confirmatory
documentary evidence such as High School or
Higher Secondary or Secondary School Certificate
or extracts from Birth Register. The date of
birth so declared by the Government servant and
accepted by the appropriate authority shall not
be subject to any alteration except as specified
in this note. An alteration of date of birth of
a Government servant can be made, with the sanction
of a Ministry or Department of the Central Govern-
ment, or the Comptroller and Auditor General in regard
to persons serving in the Indian Audit and Accounts
Department, or an administrator of an Union Territory
under which the Government servant is serving, if –
(a) a request in this regard is made within five
years of his entry into Government service;
(b) it is clearly established that a genuine
bona fide mistake has occurred; and
….2/-(c) the date of birth so altered would not make him ineligible to appear in any School or University or Union Public Service examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date on which he entered Government service.
Sd/-
(R.C. GOPT.)
Deputy Secretary to the Govt. of India.