FOREIGN SERVICE

(119—127)

119. The Governor may—

(a) remit the contributions due in any specified case or class of cases, and

(b) prescribe, by general rule or order, the rate of interest, if any, to be levied on overdue contributions.

(For rules made by the Governor under rule 119, see Part III of this Volume, Chapter XIX).

Orders of the Governor regarding rule l19(a)

In the following cases contributions on account of leave and pension have been remitted:—

(a) Medical officers lent to charitable dispensaries or hospitals in the State.

(b) Vaccinators, who were before November 27, 1906, enrolled as government servants, and are employed as assistant superintendents of vaccination under district boards.

(c) Vaccinators, who were before November 27, 1906, enrolled as government servants, and are employed in cantonments or under municipalities and local boards.

(d) Forest guards of the afforestation division when they are placed on foreign service to assist zamindars in the improvement of their waste lands.

120. A government servant in foreign service may not elect to withhold contributions and to forfeit the right to count as duty in government service the time spent in foreign employ. The contribution paid on his behalf maintains his claim to pension, or to pension and leave-salary, as the case may be, in accordance with the rules of the service of which he is a member. Neither he nor the foreign employer has any right of property in a contribution paid, and no claim for refund shall be entertained.

121. A government servant transferred to foreign, service may not, without sanction of the Government, accept a pension or gratuity from his foreign employer in respect of such service.

122. A government servant in foreign service in India may not be granted leave otherwise than in accordance with the rules applicable to him in government service, and may not take leave or receive leave-salary from the Government unless he actually quits duty and goes on leave.

123. (a) A government servant in foreign service out of India may be granted leave by his employer on such conditions as the employer may determine. In any individual case the authority sanctioning the transfer may determine beforehand, in consultation with the employer, the conditions on which leave will be granted by the employer. The leave-salary in respect of leave granted by the employer will be paid by the employer, and the leave will not be debited against the government servant’s leave account.

(b) In special circumstances the authority sanctioning a transfer to foreign service out of India may make an arrangement with the foreign employer, under which leave may be granted to the government servant in accordance with the rules applicable to him as a government servant, if the foreign employer pays to the Government leave contribution at the rate prescribed under rule 116.

NOTE—In reckoning a government servant’s service for purposes of pension such leave will be subject to the restrictions contained in Articles 407 and 408 of the Civil Service Regulations.

Audit instruction regarding rule 123

1. For the purpose of the proviso to Fundamental Rule 87, the status of a government servant while on foreign service, i.e., gazetted or non-gazetted, should be determined with reference to the permanent post under Government on which he holds a lien or would hold a lien had his lien not been suspended or, if during his absence on foreign service he is given any promotion under Fundamental Rule 113, with reference to the post under Government to which he is so promoted.

2. In the case of such a government servant, the term ‘his pay’ occurring in item (i) of the proviso should be construed to mean what is prescribed under Fundamental Rule 117(b) for counting his pay for the purpose of Fundamental Rule 9(2), i.e., the pay drawn in foreign service at the time leave is taken less, in the case of a government servant paying his own contribution for leave-salary and pension, such part of the pay as may be paid as contribution.

3. The expression "the pay he would draw in the permanent post held substantively by him at the time of taking leave" occurring in the proviso should, in its application to a government servant on foreign service, be taken to mean the pay which he would draw in the permanent post under Government on which he holds a lien, or would hold a lien had his lien not been suspended, at the time of taking leave.

124. A government servant in foreign service, if appointed to officiate in a post under the Government, shall draw pay calculated on the pay of the post on which he holds a lien or would hold a lien had his lien not been suspended and that of the post in which he officiates. His pay in foreign service will not be taken into account in fixing his pay.

Audit instructions regarding rule 124

1. For the purpose of the proviso to Fundamental Rule 87 the status of a government servant while on foreign service, i.e., gazetted or non-gazetted, should be determined with reference to the permanent post under Government on which he holds a lien or would hold a lien had his lien not been suspended, or, if during his absence on foreign service he is given any promotion under Fundamental Rule 113, with reference to the post under Government to which he is so promoted.

2. In the case of such a government servant, the term "his pay" occurring in item (i) of the proviso should be construed to mean what is prescribed under Fundamental Rule 117 (b) for counting his pay for the purpose of Fundamental Rule 9(2) i.e., the pay drawn in foreign service at the time leave is taken less, in the case of a government servant paying his own contribution for leave-salary and pension, such part of the pay as may be paid as contribution.

125. A government servant reverts from foreign service to government service on the date on which he takes charge of his post under the Government, provided that if he takes leave on the conclusion of foreign service before rejoining his post, his reversion shall take effect from such date as the Government may decide.

Orders of the Governor regarding rule 125

The date of reversion of a government servant who takes leave at the conclusion of foreign service before rejoining his post in government service should be fixed after taking into account the joining time which he takes at the end of his leave before actually taking charge of his post under Government. For example, if a government servant after foreign service up to April 30, 1939, proceeds on leave on average pay for three months from May 1, 1939, and on expiry of the leave, rejoins Government service on August 8, 1939 (forenoon), after taking seven days’ joining time, then his date of reversion should be fixed as May 8, 1939 (forenoon).

126. When a government servant reverts from foreign service to government service his pay shall cease to be paid by the foreign employer and his contributions shall be discontinued with effect from the date of reversion.

127. When an addition is made to a regular establishment on the condition that its cost, or a definite portion of its cost, shall be recovered from the persons for whose benefit the additional establishment is created, recoveries shall be made under the following rules:

(a) The amount to be recovered shall be the gross sanctioned cost of the service, or of the portion of the service, as the case may be, and shall not vary with the actual expenditure of any month.

(b) The cost of the service shall include contributions at such rates as may be laid down under rule 116 and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.

Orders of the Governor regarding rule 127

The following procedure should be adopted in applying to eases falling under rule 127 the rates of contributions for pension and leave salary prescribed by the Governor under rule 116:

1. In the case of the provincial and the subordinate services, a fraction of the total maximum monthly pay all the sanctioned posts equal to the average of the percentages prescribed in columns 2, 3, 4 and 5, as the case may be, of the table, should be levied as contribution for pension. Recoveries on account of contribution for leave-salary should be made by leavying the percentage prescribed on the total sanctioned cost, or, in the case of time-scale of pay, on the average cost of all the posts concerned.

2. Contributions for passages should be recovered at the rate of Rs. 30 per mensem in the case of government servants entitled to passage concessions who form additions to regular establishment under rule 127.

Contribution for passages should be lieved during the whole period of service in the additional post except that it should not be charged during leave where—

(a) the leave taken is leave preparatory to retirement; or

(b) the government servant concerned will, on return from leave, be given different duties and not return to the additional post; or

(c) the substitute in the additional post, for the government servant on leave, is entitled to passage concessions and a contribution for passage is recovered on his behalf.

Audit instruction regarding rule 127

Principles for the calculation of contribution for leave-salary and pension—

The words "its cost" in line 2 of Fundamental Rule 127 refer to "an additional" in line 1 of that rule. The under lying intention of the rule is to recover the cost of the additional establishment sanctioned. Contributions for leave-salary and pension leviable under clause (b) of this rule should, therefore, be based on the rates of pay, old and/or revised, as the case may be, on which the establishment is actually sanctioned, irrespective of whether the person employed on the work for which it is sanctioned is an old or a new entrant.