CHAPTER VII—DEPUTATION OUT OF INDIA

51. (1) When a government servant is with proper sanction temporarily deputed for duty out of India either in connexion with the post held by him in India or in connexion with any special duty on which he may temporarily be placed, his pay shall be regulated as follows:

(a) If he is deputed for duty in Europe or his deputation elsewhere is declared by the Government to be under quasi-European conditions and if he is sent from India for the purpose of his deputation and does not include any leave within the period of his absence from India, he shall receive—for the first month of his absence from India, the pay which he would have drawn if he had remained on duty in India, for the second month of such absence, eleven-twelfths of such amount, for the third month of such absence, five-sixths of such amount, for the fourth month of such absence, three-fourths of such amount, for the fifth to tenth months of such absence, two-thirds of such amount, and thereafter three-fourths of such amount.

(b) If he is deputed for duty in Europe or his deputation elsewhere is declared by the Government to be under quasi-European conditions, and if he is not sent from India for the purpose of his deputation, or having been so sent includes a period of leave within the period of his absence from India, he shall receive throughout his deputation three-fourth of the pay which he would have drawn if he had remained on duty in India.

(c) If he is deputed for duty elsewhere than in Europe and his deputation is not declared by the Government to be under quasi-European conditions, his pay shall be as deter-mined by the Government with due regard to the provisions of rule 40 as though a temporary post had been created:

Provided that—

(i) no government servant on deputation out of India shall draw pay at a rate exceeding Rs. 5,500 per month;

(ii) a government servant having his domicile in India may in any case be allowed by the Government to draw during the period of deputation out of India pay not exceeding the full amount of the pay which he would have drawn had he remained on duty in India in lieu of the pay admissible to him under sub-clause (a) or sub-clause (b) of this clause.

(2) In addition to the pay admissible under clause (1) of this rule a government servant on deputation may be granted a compensatory allowance of such amount as the Government may think fit.

NOTE—The sterling equivalent of the pay admissible under clause (1) to a government servant during deputation shall be calculated at such rate of exchange as the Secretary of State may have prescribed in the case of deputation of officers of All-India Services.

Orders of the Governor regarding rule 51

1. A subordinate police officer who may be deputed by the Government to any country outside India, to accompany or take charge of criminals or lunatics, or on any other business which is part of his duty as a police officer, may be granted—

(a) full pay for the entire period of absence from India; with

(b) actual travelling expense and a subsistence allowance not exceeding the following scale while in any country outside India:

NOTE—An officer of the inspector class includes a sub-inspector.

2. Government servants subject to the leave rules in the Civil Service Regulations are also governed by the provisions of sub-clause (b) of the above rule.

3. The travelling and halting allowances of members, including non-officials, of any commissions, committees, etc, which may be sent by the Government on deputation out of India, will be governed by such rules or orders as may be laid down by the Government.

4. Government servants who, while on leave, are required by the Government to attend conferences or congresses in the United Kingdom or on the Continent of Europe, whether as official representatives or as unofficial visitors, will be allowed such terms in regard to pay and allowances as may be determined by the Government in each case.

5. Government servants on leave, who are unwilling to undertake special duty on deputation rates of pay, may be allowed by the Government to continue to consume leave and receive an honorarium fixed at one-sixth of Indian pay.

6. The option of consuming leave on average pay during a period of deputation and of drawing an honorarium of one sixth of India pay shall be limited to cases in which government servants are placed on deputation while already on leave out of India on average pay.

Audit instructions regarding rules 50 and 51.

1. The period of the deputation runs from the date on which the government servant takes over charge of his office in India to the date on which he resumes it; or if the government servant is on leave out of India at the time he is placed on deputation, the period of the deputation is the time actually occupied by the duty.

2. In the expression "pay he would draw if he were on duty in India" occurring in Fundamental Rule 51 (a) and in the similar expression in Fundamental Rule 9(2), the term "pay", should be interpreted literally with reference to Fundamental Rule 9(21) and the pay which an officer would have drawn if on duty in India should be determined for this purpose by the appropriate authority in India. In the case of government servants who are not deputed out of India for special items of works but are placed on continuous service with commission and committees whose functions require work both in and out of India, the expression should be interpreted as having reference to the pay which they would have drawn in India had they continued on duty with the commission or committee there.