CHAPTER V—ACCEPTANCE OF HONORARIA AND FEES

24. Subject to the conditions prescribed in rules 25 to 34, a head of a department may sanction the grant of an honorarium to a government servant under his administrative control or the acceptance by such a government of a fee. No government servant may accept an honorarium or a fee without such sanction, or without the orders of the Government.

NOTE—(1) The employment by a Public Service Commission, or by the Board of High School and Intermediate Education, Uttar Pradesh, or by the Registrar, Departmental Examinations, Uttar Pradesh, or by the Board of Homoeopathic Medicine, Uttar Pradesh, or by the Registrar of the various other examinations in the Education Department, or by the State Board of Technical Education, Uttar Pradesh, or by the Central Secretariate Training School (Examination Wing) as setters, moderators, examiners, tabulators and checkers of any government servants serving under the Government of Uttar Pradesh will also automatically imply the Government’s sanction to their undertaking the work and accepting honoraria at the prescribed rates. The maximum prescribed limit for officers (gazetted and non-gazetted government servants) to receive honoraria and fees it employed by a Public Service Commission, or by the Board of High School and Intermediate Education, Uttar Pradesh, or by the Registrar, Departmental Examinations, Uttar Pradesh, or by the Board of Homoeopathic Medicine, Uttar pradesh, or by the Registrars of the various other examinations in the Education Department, or by the State Board of Technical Education, Uttar Pradesh, or by the Central Secretariate Training School (Examination Wing) or by any other examining body as setters, moderators, examiners, tabulators, checkers, etc. for the various examinations conducted by them in a single year from the various sources enumerated above will be Rs. 3,500 and that the honoraria and fees from one source or examining body to a person in a single year shall not exceed Rs. 1,500.

Order of the Governor regarding rule 24

The Regional Deputy Directors of Education, Uttar Pradesh, Regional Inspectresses of Girls Schools, Uttar Pradesh, and the Principal, Government Central Pedagogical Institute, Uttar Pradesh, Allahabad are authorized to permit Government servants in their respective Regions and subordinate to them to accept such examinerships and to receive therefore honoraria or fee, as the case may be, subject to the condition that the monetary limit in the case of a Government servant from one single source within a year shall not exceed Rs. 250 and a total of Rs. 500 from all sources taken together.

NOTE—(2) The grant of permission to a government servant invited by All India Radio to broadcast a talk, etc. from any of its stations will also automatically imply sanction to his accepting honorarium not exceeding the prescribed rates, if he wishes to do so, unless the authority competent to grant such permission directs otherwise.

24-A. Commissioners of Divisions are empowered to sanction the acceptance by tahsil clerks of recurring fees or allowances not exceeding Rs. 15 per mensem in each individual case from District Boards for doing the clerical work of the latter at tahsils in addition to their official dufites.

24-B. Government servants of the Public Works Department and also of the Local Self Government Engineering Department should be permitted to undertake private work only when it is of a public or semi-public nature, e.g., the design or erection of a large bank building or of a public hall, library or school or a water-supply or drainage scheme. They will not be permitted to undertake work which is of a purely private nature and which can be performed by private contractors or firms. These conditions will, however, not apply in the case of those government servants who have been definitely permitted by the terms of their agreement to undertake any private work.

25. The amount of an honorarium or fee must be fixed with due regard to the value of the service in return for which it is given.

26. When the service rendered falls within the scope of the ordinary duties of the government servant performing it, the test of special merit prescribed in Fundamental Rule 46 must be very strictly applied.

27. An honorarium shall not be given under these rules for superintending an examination which is compulsory for certain government servants or any other examination the conduct of which comes within the ordinary duties of the government servant or servants conducting them. But an honorarium may be granted to a government servant superintending an examination of candidates for admission to the public service or any other examination the conduct of which is declared by the Government or a head of department authorized to hold such examination not to come within the ordinary duties of the government servant or servants conducting them. If fees are levied from the candidates appearing at an examination and the amount of such fees is sufficient to cover the honoraria of the examiners, a head of department authorized to hold the examination may sanction the grant of honoraria, irrespective of the limit prescribed in rule 31.

28. Sanction must not be given to the acceptance of an honorarium or fee unless the work for which it is offered has been undertaken with the knowledge and sanction of head of the department, who must certify that its performance will involve no detriment to the official duties of the government servant performing it.

29. When a fee is paid for work done by a government servant during time which would otherwise be spent in the performance of official duties, the sanctioning authority may, for special reasons, which should be recorded, direct that the whole or any part of it be paid to the government servant. The procedure for the accounting of fees received by government servants for work done for private bodies or for another Government, is laid down in paragraphs 361A and 361B of the Financial Handbook, Volume V, Part I.

29–A. When a government servant is permitted to receive a fee in circumstances which necessitate his devoting his whole time to the work of the foreign employer to the exclusion of his regular duties the part of the fee to be credited to the Government shall not be less than the pay of the government servant plus contribution for pension and leave for the period of his absence from duty. If a government servant is required to devote his whole time to foreign service for a period exceeding ten days, he should be placed on foreign service in accordance with the rules for such employment.

30. When a government servant of an educational service is permitted to receive fees for private tuition, the financial limit of the power of sanction accorded by rule 31 shall be considered to apply to the total amount of fees to be accepted by such government servant during any particular scholastic term or vacation.

31.* For any individual piece of work a head of a department may sanction in the case of government servants subordinate to him (1) the grant of non-recurring honoraria not exceeding Rs. 375 in all, (2) the acceptance of a non-recurring fee or fees not exceeding Rs. 750 in all, or (3) the acceptance of recurring fee or fees not exceeding Rs. 30 per mensem in all.

Exception 1—The Director of Education, Uttar Pradesh, may sanction the acceptance of remuneration for the sale of the copyrights of books and also the acceptance of fee for private tuition up to the limit of Rs. 1,000.

Exception 2—The Transport Commissioner, Uttar Pradesh, may sanction, in the case of a government servant subordinate to him, the grant of non-recurring honoraria not exceeding Rs. 5,000 in all for one Mela, subject to the conditions laid down in Note 2 below this rule.

NOTE (1) The limits specified in items (2) and (3) above refer to the total amount of fee or fees inclusive of the share creditable to the Government, if any, and the power in item (3) above shall be exercised only in respect of non-gazetted servants.

NOTE (2) So far as the grant of honoraria is concerned, the exercise of the power mentioned in the rule by a head of a department is subject to the condition that necessary provision to meet the cost of honoraria exists in the budget and is not increased by reappropriation from other heads over which he may have control. Any proposal for the grant of honoraria which involves the supplementing of the budget provision should be submitted to the Government even though it may otherwise be within the powers of sanction of a head of a department.

NOTE (3) The Director of Medical and Health Services, Uttar Pradesh, has been empowered to sanction honoraria (at the rate of fifty paise per certificate) to certifying surgeons or persons authorized under section 12 of the Indian Factories Act, 1934 (Act XXV of 1934), subject to the following conditions:

(i) The honorarium will be paid quarterly on the basis of the number of certificates issued in each of the three preceding months;

(ii) no honorarium will be paid in respect of any month in which the number of certificates issued is less than twenty.

32. A government servant appointed as an examiner by the authorities of any university or by another Government may be permitted to accept the entire fee or honorarium sanctioned by the university or other government. But in cases where the examination work involves the absence of the government servant from his headquarters or detriment to his regular duties, the period of absence should be treated as casual leave, if it is below fourteen days, and regular leave, if it exceeds that period. The Government will, in no case, be responsible for the travelling allowance of the government servant for any journeys performed by him in connexion with such work.

*(This amendment shall be deemed to have some into force with effect from July 24, 1974).

33. No government servant may act as an arbitrator in any case which is likely to come before him in any shape by virtue of any judicial or executive post which he may be holding.

34. A government servant called upon by a court of law to act as a commission to give evidence on technical matters may be permitted to comply with the request, provided that the case is not of such a nature as will be likely to come before him in the course of his official duties, and to accept such fees as are fixed by the court.

NOTE—The apportionment of fees received by the government servant between him and the Government will be regulated by Subsidiary Rules 29 and 29-A.