III-COMPENSATIONS
5.53 Claims to compensation made by Government
employee will ordinarily be considered only in cases in which :-
(i)
the exposure of the property to risk is directly connected with the
duties on which the Government employee is employed at the time, e.g. when the
action of an enemy or insurgents or of raiders or wild tribes on the frontier
causes the loss of the property of Government employee employed in the area
affected ; or
(ii)
the property is lost in consequence of endeavours on the part of the
Government employee to save the property of Government which was also endangered at the time ;
or
(iii)
the property is destroyed under the orders of competent authority
Provided that the mere fact,
at the time of accident the Government employee is technically on duty or is
living in Government quarters in which he is forced to reside for the
performance of his duties will not be considered as a sufficient ground for the
grant of compensation. Compensation
will not be granted to a Government employee
for any loss of his property:-
(a)
which is caused by an act of God, e.g. earthquake, floods, etc.; or
(b)
which is due to an ordinary every day accident which may occur to any
citizen, e.g., loss by theft, even when accompanied by violence or the result
of a railway accident, fire, etc.; or
(c)
which is due in any way to negligence or other default on the part of
the claimant.
Note 1.- Claims for compensation will be
considered in respect of animals (1) which are killed, captured or stolen by
the enemy , (2) which are destroyed by order of competent authority to prevent
the spread of infectious or contagious diseases, or (3) when the loss of the
animal is due to exposure or excessive work necessitated by use in the public
service or to an accident directly due to such use.
Note 2.- Compensation is not admissible where,
as a matter of ordinary prudence the owner of the property could and should
have insured it. The question whether
the property ought to have been insured is one of fact for the decision of the
sanctioning authority. Failure ton
insure motor cars by their owners will, however, be considered as negligence
within the meaning of this rule, and no compensation is admissible for any loss
sustained by the Government employee who has omitted to insure his car. The kind of insurance contemplated in this
case is the ordinary form of insurance which most motorist take out- the kind
which a Government employee who buys a
car with an advance from Government is required to take out. The
ordinary policy provides fully against malicious damage, fire or theft,
and it is not considered necessary that Government employee should cover their
cars against any but the risks provided against in ordinary insurance policies.
5.54 When any one of the conditions in rule 5.53
is satisfied a competent authority may, as an act of grace and at its
discretion, grant compensation to the Government employee up to the then value
of the necessaries lost by him.
Explanations
- The
questions whether the articles lost are “necessaries“ within the meaning of
this rule will be determined by the sanctioning authority with reference to the
Government employee’s personal standing and circumstances. Care should be taken not to admit claims for
articles which could clearly be regarded as unessential in the circumstances in
which the Government employee was situated when the claim arose, or which, as a
matter of ordinary prudence Government employee might have been expected to
refrain from taking into situation.
HONORARIA
5.55 Subject to the condition prescribed in rule
5.56, a competent authority may grant or permit a Government employee to
receive an honorarium as remuneration for work performed which is occasional or
intermittent in character and either so laborious or of such special merit as to justify a special
reward. Except when special reasons,
which should be recorded in writing, exist for a departure from this provision,
sanction to the grant or acceptance of an honorarium should not be given unless
the work has been undertaken with the prior consent of the competent authority
and its amount has been settled in advance.
Note 1.- In a case where an honorarium is to
be granted to a Government employee there must first be an order of competent
authority permitting acceptance of the honorarium by the Government employee,
and there must also be an order sanctioning the grant of the honorarium . In a case where an honorarium is to be
granted to a Government employee belonging to a department other than the one
which is to pay it there should , therefore, be two sanctions, one for the
payment of the honorarium by the department in which the expenditure is to be
incurred and the other for the acceptance of the honorarium which must be
issued by the department to which the Government employee belongs. In order to avoid duplication of work in
having to give two different sanctions, one single sanction would be given both
to the grant and acceptance of the honorarium and this sanction should be given
by the department paying the honorarium after obtaining the concurrence of the
department in which the Government employee happens to be serving.
Exceptions .- A Government employee under the Punjab
Government ment may accept remuneration up to any amount for work connected
with an examination or examinations conducted by the Union Public Service
Commission and up to the limit of Rs. 100 during a financial year for work
connected with an examination or examinations conducted by the Punjab Public
Service Commission or Subordinate Service Selection Board, Punjab, or the
Director, Technical Education Punjab, without the sanction of the authority
competent to permit the acceptance of a fee or honorarium by him. For the
acceptance of honorarium in excess of Rs. 1,000 in the case of work connected
with the examination or examinations conducted by the Punjab Public Service
Commission or Subordinate Services Selection of the Punjab Government in the Administrative Department
under which the Government employee concerned is serving is necessary.
Note 2.- The sanctioning authority shall
record in writing that due regard has been paid to the general principle
enunciated in rule 3.10 and shall record also the reasons which in his opinion
justify the grant of the extra remuneration.
Note 3.- Note 2 above requires that the
reasons for the grant should be recorded in writing as it is intended that the
grant of an honorarium should be carefully controlled by Government and
scrutinized by audit and that audit should be given an effective opportunity of
comment if it be deemed necessary. Accountant-General may, therefore, require
that the reasons for the grant of an honorarium should be communicated to him
in each case.
Note 4.- The amount of an honorarium must be
fixed with due regard to the value of the service in return of which it is
given.
Note 5.- Temporary increase in work due to the
holding of special conferences under the auspices of a department or
subordinate authority or of inter-departmental committees are normal incidents
of Government service and form part of the legitimate duties of Government
employee according to the general principle enunciated in rule 3.10 . Those so employed have, therefore, no claim
to extra remuneration.
Note 6.- The grant of honorarium to the heirs
of a deceased Government employee for work done by him is unobjectionable in
audit.
Note 7.- No honorarium should be g4ranted to
gazetted officers engaged on work in connection with the setting up of
companies, corporations, etc. Which forms apart of their normal duties even if
they work beyond office hours.
5.56 When the service rendered falls within the
course of the ordinary duties of the Government employee performing it, the
test of special merit prescribed in rule 5.55 must be very strictly applied.
Note .- the expression “within the course
of the ordinary duties “ has been as follows :-
A service rendered by a Government
employee is said to be with in the course of the duties of that Government
employee when it is of the same nature as that for which his regular employment
exist. The test that should be applied
in deciding any particular case is to determine whether the service rendered is
such as the Government employee habitually performs in the course of his
ordinary duties. A service does not
cease to be with in the course of the duties of the Government employee because
it has been rendered for an object not
concerned with the usual operations of his department or involves an unusual
expenditure of labour.
5.57 Subject to rules under which a fee may be
received by a medical officer of
Government for services other that professional attendance (see note 5
below ) or an expert witness summoned in a criminal court ( see note 6 below)
and subject to rules 5.58 to 5.60, a
competent authority may permit a Government employee , if it be satisfied that
this can be done without detriment to his official duties or responsibilities,
to perform a specified service or series of service for private person or body
or for a public body administering a local fund and to receive as remuneration
therefore, if the service be material, a non-recurring or recurring fee.
Note 1- The sanctioning authority must make
it clear that sanction under this rule to perform work does not involve
sanction to the acceptance of fee in excess of his own power of sanction under
this rule.
Note 2- Acceptance of fees by medical
officers of Government for professional attendance is regulated by the rules in
Chapter VI of the Punjab Medical Manual.
Note 3.- Government employees of the Education
Agriculture and Animal Husbandry (including fishers) and Health Department and
the teaching staff of the Punjab Engineering College are authorised to
undertake work of examining and setting papers in respect of University and
Engineering and other examinations and to accept remunerations therefore :
Provided the total sum so drawn by an individual does not in the case of
Agriculture and Animal Husbandry (including Fishers) Department Examinations
exceed Rs. 500, and in the case of the Education, Health and Engineering
Department Examinations Rs. 1,000in a financial year .
The teaching staff of
the Department of Agriculture and Animal Husbandry (including Fishers) is
permitted to retain fees up to Rs. 500in a financial year for working as
Supervisors, Superintendents, Deputy Superintendents, Invigilators, etc. at the
University examination : provided the work is undertaken outside the normal
hours of duty. The officials besides
teaching work,. Doing research work are not permitted to undertake this
work. Government employees of the
Education Department are permitted to retain fees upto Rs. 1,000 for working as
Supervisers or Superintendents at University Examinations provided the work is
undertaken outside the normal hours of duty.
For the acceptance of fees in excess of this sum the sanction of the
competent authority should be obtained. In order to watch the above-mentioned
limits the Heads of Department concerned should obtain annually from the
Government employees of their respective department, who receive remuneration
under this note, a statement showing the amount received by each Government
employee in the preceding financial year.
Note 4.- Notes 2 to 4 under rule 5.55 apply
mutatis mutandis in the case of fees also.
Note 5.- The rules prescribing the conditions
and limits subject to which a fee may be received by medical officers of
Government other than professional attendance are contained in Appendix 8 of
the Punjab Civil Services, Rules Volume I, part II.
Note .6- The rules for the payment of fees to
expert witnesses summoned in Criminal Courts are contained in Appendix-8-A of
Punjab Civil Services Rules, Volume I, Part II.
Note 7.- The Personal Assistants / Private
Secretaries/ Stenographers, etc. attached to the officers nominated as Chairmen
and Members of the Board of Directors of certain Corporations and Companies
should not be allowed any additional remunerations from Corporations or
Companies, when the officers with whom they are attached are allotted duties on
the Board of Directors of Corporation or Companies as part of their normal
functions.
5.58. Unless the competent authority by special
orders or other wise direct one-third of any fees in excess of Rs.500 or if, a
recurring fee, of Rs. 250 a year, paid to Government employee shall be credited
to general revenues: provided that the fee to be retained by the Government
employee concerned will not be reduced below Rs. 500 if non-recurring of Rs.
250 a year if recurring and provided further that where a fee is paid for work
done during the time which would otherwise be spent in the performance of
official duties, the entire fee must be credited to Government, unless the
competent authority for special reasons which should be recorded, directs
otherwise.
Note 1.- Fees received Government employee for
giving expert evidence on technical matters before a court of law should also
be governed by this rule .
Note 2.- Non-recurring and recurring fees should
be dealt with separately and should not be added for the purpose of crediting
one-third to general revenues under this rule . IN the case of the former, the limit of Rs. 500 prescribed in
this rule should be applied in each individual case and in the case of the
latter the limit of Rs. 250 should be applied with reference to the total
recurring fees for the financial year.
Note 3.- The fees received by Government
employee from the following
institutions are exempted from the operation of this rule :-
(1)
Society for the Prevention of Cruelty to Animals.
(2)
Indian Roads Congress.
(3)
India Cattle Show Committee.
(4)
Inter- University Board.
(5)
Inter-Provincial Board for
Anglo-Indian Education.
(6)
Indian Red Cross Society.
(7)
Bharat Scouts and Guides, Punjab (Exemption relates only to fees
received by Government employee for
doing clerical work)
(8)
Child Activity Centres.
(9)
Bharat Sewak Samaj.
Provided the work
for them is done during the time which will not be otherwise spent in the
performance of official duties.
Note 4.- The fees referred to in note 3 below
rule 5.57 in excess of Rs.500 in the case of Government employee of Agriculture
and Animal Husbandry (including Fisheries) Department and Rs.1000 in the case
of Government employees of the Education and Health Departments and the Punjab
Engineering College during a financial year shall be shared between the
Government employee and the Government in the ratio of 2 :1, i.e. one third of
the amount in excess of these limits should be credited to Government These
orders will, however, not be applicable to the fees received by Government
employee of the Health Department for
acting as Examiners of the Punjab University , Punjabi University or
Kurukshetra University or the Punjab State Medical faculty. In their case, the orders regarding the
sharing of fees would apply only to the
feeds received by them for acting as examiners of the outside Universities and
bodies.
When a Medical
Officer conducting examination/ inspection on behalf of an Indian University
o9ther than the Universities of the Punjab and the Medical Council of India
does not take regular/ casual leave for the purpose he shall credit the entire
fee received by him to the Punjab Government Revenues. In case however, the period of his absence
is treated as regular / casual leave, the orders of sharing the fees will
apply.
Note 5.- The term “Fee” used in this rule shall not including conveyance
allowance, provided the amount of conveyance received by a Government
employee from a source other than the
revenues of the State does not exceed what would be admissible under the
Punjab Government Rules under similar
circumstances and is not a source of profit to the Government employee
concerned. In case of doubt, a competent authority may decide whether the
conveyance allowance thus received by Government employee is reasonable as
compared with the standard adopted by the Government for the grant of
Conveyance allowance and is not a source of profit to the Government employee .
Note 6.- If any fee to which this rule applies
exceeds Rs.500 non-recurring or Rs. 250 a year recurring or Rs. 500 in the case
of Government employees of Agriculture and Animal Husbandry (including
Fisheries) Department and Rs.1000 in the case of Government employees of the
Education and Health Department and the Punjab Engineering College, referred to
in note 3 below rule 5.57 during a financial year, one-third of the total
amount payable, as the case may be should be credited to general revenues
provided that the amount retained by the Government employee concerned will not, merely owing to the
operation of this rule, be reduced below Rs. 500 if non-recurring or Rs. 250a
year if recurring of Rs. 1,000 as the case may be.
Non-recurring and fees
should be dealt with separately and should not be added for the purpose of
crediting one-third to general revenues, under this rule. In the case of the former, the limit of Rs.
500 prescribed in this rule should be applied in each individual case and in
the case of the latter the limit of Rs. 250 should be applied with reference to
the total recurring fees for the financial year.
None 7.- The fee received by a Superintending
Engineer of the Public Works Department, Buildings and Roads Branch for acting
as an arbitrator in a dispute arising between contractors and a Local Body
relating to a contractor shall be apportioned between the Government, the
officer and the staff employed in that connection as follows:
Government 35 per
cent
Superintending
Engineer 55 per
cent
Staff
(clerical employed) 10 per cent
In case no staff is
employed, the fee shall be distributed as follows
Government 40 per
cent
Superintending
Engineer 60 per
cent
No Superintending Engineer shall, however, be allowed to draw more than
Rs. 500 (Rupees Five Hundred only) in any one arbitration case without the
prior approval of Government .
Note 8.- Any scholarship or stipend received,
during study leave or other wise by a Government employee from a source other
than the Consolidated fund of India or Consolidated Fund of a State for the
Purpose of prosecuting a course of studies or receiving specialized training in
professional or technical subject to a cut under the provision of this rule.
However, this
rule will continue to apply, unless specially relaxed to the payments received
by such Government employee as a result
of full time or part-time employment undertaken by them.
Note 9.- This rule will not apply to the
income derived by a Government employee
from exploitation of a patent for an invention taken out by him with the
permission of competent authority under
rule 5.64.
Note 10.- This rule will not apply which
Government employees may receive from a University or other examining bodies in
return for their as examiners, paper-setters. Superintendents, Invigilators,
checkers, etc The “examining body” covers only those institutions which are
semi-Government employee for similar service from Public Sector Undertakings or
enterprises which are wholly or substantially owned by Government even though
they are not examining bodies.
Note 11.- The operation of this rule may be
exempted, with the concurrence of the Finance Department , for the income
derived by a Government employee from sale or royalties of a book written by
him with the aid of the knowledge acquired by him during the course of his
services provided the Administrative Department certifies that such book is not
a mere compilation of Government rules,
regulations or procedures but reveals the author’s scholarly study of the
subject.
Note 12.- This rule will not apply to the income
derived by a Government employee :-
(a)
from writing of reports, papers or study reports on selected subjects
for International bodies like U.N.O.
UNESCO, etc., ; and
(b)
delivering of lectures on literary, cultural, artistic, technological
and scientific subjects including management sciences which are treated as
literary pursuits.
5.59 The attesting and revising officers of
outlaying courts and officers of the Revenue Department and attesting and revising
offers of the Judicial ‘Department are permitted to receive with the sanction
of the presiding officers of the courts and offices concerned one-tenth of the
copying and urgent fees received in respect of the copes attested and revised
by them. All copies prepared at
Government expenses shall, however be examined and attested without fee.
5.60 When a Government employee of an Educational Service is permitted to
receive fees for private tuition, the financial limits of the powers of
sanction accorded to by a competent authority shall be considered to apply to
the total amount of fees to accepted by such Government employee during any particular scholastic term or
vacation.
5.61 Omitted.
562 Omitted.
5.63 Any Government employee is eligible to
receive and, except as otherwise provided by a general or special order of the
competent authority, to retain without special permission.-
(a)
the premium awarded for any essay or plan in public competitions ;
(b)
any reward offered for the arrest of a criminal, or for information or
special service in connection with the
administration of justice;
(c)
any reward payable in accordance with Regulation or rules framed
thereunder;
(d)
any reward sanctioned for services in connection with the
administration of the customs and excise laws ; and
(e)
any fees payable to a Government employee for duties which he is
required to perform in his official capacity under any special or local law or
by order or Government.
Note .- A fees payable to Government
employee under rule 5.63 (e) can be retained by him without special
permission. In other words, rule 5.58
which requires that 1/3 of all fees, received by Government employee from private source should be credited to
Government employees form private source should be credited to Government does,
not apply to such remuneration . It is not considered desirable that a
Government employee who in his official capacity, is nominated as a chairman or
Member of a Government or quasi-Government body or governing body of an
institution which receives a grant from Government , should be made eligible
for any fee or other remuneration (except Travelling Allowance) which is
admissible to anon-Government employees for attending a meeting of the
institution concerned or for performing other work thereof . This object can be
served by making a suitable provision in the Articles of Association or other
Regulations of the body concerned or any Act relating to its institution
without having recourse to an amendment of rule 5.63.
5.64 A Government employee whose duties involve
the carrying out of scientific or technical research shall not apply for or
obtain, or cause or permit any other person to apply for or obtain, a patent
for an invention made3 by such Government employee save with the permission of the competent authority my impose.
If a question arises whether a Government employee is Government
employee to whom this rule applies, the
decision of the competent authority shall be final.
Note 1.- The Administrative instructions
issued by Government under this rule are contained in Appendix 9 of Part II of
this Volume.
Note 2.- The payment of honoraria as
remuneration for the use by Government of inventions patented by persons in
Government employ whose duties do not involve the carrying out of scientific or
technical research should be regulated by the provisions of section 17 of the
Inventions and Designs Act, 1888 and section 21, if the Indian Patents and
Designs Act, 1911, and not by rule 5.55 or 5.64 the terms on which an invention
may be used for the services of the Union should be settled with the approval
of the Union Government before any payment is made to the patentee.
CHAPTER VI –
Deputation out of India
*6.1. The deputation of a Govt. employee out of
India shall be sanctioned by Administrative Department concerned for the
initial period of deputation which may be extended upto 5 years and in a rare
case of special nature if, the exigencies so require in public interest, such
period may be extended beyond 5 years by the Administrative Department concerned
with the prior concurrence of the Department of Personnel and Administrative
Reforms, in accordance with the terms and conditions laid down in Annexure to
this chapter.
*[Substituted vide Govt.
Notification No. 3/1/6/88/1FCD/6010 dated 21 & 22 June, 89]
*“ANNEXURE”
(Referred to in
rule 6.1)
Standard terms and conditions of
foreign service in respect of employees
of Punjab Government deputed to foreign countries.
1. Period
of Deputation : The period of deputation
shall be for _____ year(s) in the first instance from the date the Govt
Employee joins the assignment. But the period of foreign assignment may be
extended or reduced according to the requirements of the foreign employer or
the State Government.
2. Pay,
Allowances and other perks : The Government employee shall be entitled to
pay allowances and other perks fixed by the borrowing Government and approved
by the Government of India in consultation with the State Government.
3. Leave
salary and pension contributions – The leave salary and pension
contributions shall be paid wither by the foreign employer or by the employee
concerned in accordance with the provisions of rule 10.9 of the Punjab Civil
Services Rules, Volumes I Part I. In case of default interest shall be
recoverable as per the provisions of rule 10.10 of the said rules.
4. General
Provident Fund and Group Insurance Scheme – The Govt. employee shall
continue to be governed by the rules of the State Govt. as amended from time to
time and shall ensure monthly subscription towards General Provident Fund and
Group Insurance Scheme.
5. Loans and Advance – The
Government employee shall ensure that monthly installments on account of
recovery of loan and advance outstanding against him are paid regularly and he
shall furnish a surety bond for payment of such dues on a non-judicial stamp
paper worth Rs. 15/- or a may be required under the rules.
6. Disability-- The payment of
leave salary in respect of disability incurred in or through the disability
manifests itself after the termination of foreign service, shall be paid by the
foreign employer.
7. Medical facilities- The
Government employee shall be entitled to such medical facilities as are not
inferior to those which he would have enjoyed under the State Government rules
and instructions as amended from time to time, if he had been employed in the
service of State Government.
8. Travel- The cost of travel from
the place of posting of the employee to the place of posting in the foreign
country shall be borne either by the foreign employer or by the employee
concerned as is settled at the time of proceeding on deputation.
9. Joining time, pay and travelling
allowance, etc.- Joining time pay and travelling allowance (both ways)
shall be borne by the foreign employer.
10
Foreign Exchange- The Government Employee shall himself arrange fpr
foreign exchange.
11
Extension in the period of deputation – In case the foreign Govt.
requires the services of the Govt. employee beyond the specified period of
contract, he shall intimate this fact to the Government of India (Ministry of
External Affairs) as soon as it comes to his notice and shall also request his
foreign employer to take up the matter with the Govt. of India’s representative
in that country.
12
Acceptance of Resignation – The resignation of a Govt. employee shall
not be accepted while he is aboard under any circumstances.
13
Non-indulgence in activities prejudicial to the interest in activities
prejudicial to the interest of India – while on deputation aboard
the Govt. employee shall not take part in any activity, which may prove
prejudicial to the interest of India of his State of domicile.
14
Conduct Rules – The Government employee shall continue to be
governed by the Punjab Government Employee (Conduct) Rules 1966 as amended from
time to time.
15
Intimation of Address – After joining foreign assignment the
Government employee shall communicate his office address to his parent
Department as well as to the High Commissioner of India in that country for
future correspondence.
16
Residual matters – The matters not specifically covered here and
other unclassified matter will be governed by the proviso of Chapter X of
Punjab Civil Service Rules, Vol-I Part-I and the instructions issued by the
State Government from time to time.
*[Substituted vide Govt. Notification No.
3/1/6/88/1FCD/6010 dated 21 & 22 June, 89]
6.2 (1) When
a Government employee is, with proper sanction, temporarily deputed for duty
out of India either in connection with the post held by him in India or in
connection with any special duty on which he may temporarily be place, he may
be allowed by the Competent Authority to draw during the period of deputation
the same pay which he would have drawn had he remained on duty in India.
Provided that Government employee , who is placed on deputation while
already on leave out of India on earned leave may be required by the competent
authority to continue to be on leave, in which case he shall be given during
that period, in addition to his leave salary, an honorarium of one-sixth of the
pay which he would have drawn had he remained on duty in India, the cost of
passage from and to India shall be borne by him.
Note.- The portion of the pay which a
Government employee may be permitted to draw in foreign currency while on
deputation abroad will be determined in accordance with the orders issued by
the competent authority in this regard from time to time.
(2) A Government employee
on deputation in a foreign country may also be granted a compensatory allowance
of such amount as the competent authority may think fit.
(3) The foreign exchanger
equivalent of the pay, honorarium or compensatory allowance admissible under
sub-rule (1) or sub-rule (2) shall be calculated at such rate of exchange as
the Union Government may by order prescribe.
(4) The grant of free
passages, and of subsistence and travelling allowance to Government employees
on duty in Europe and America is governed by the rules in Chapter XIII of this Volume and Appendix 10 of Part
II of this Volume, respectively.
Note 1.- A competent authority may depute a
subordinate police employee to any country outside India to accompany on take
charge of criminal or lunatics, or any other business which is part of his duty
as a police officer, and may grant to the officer so deputed-
(a)
full pay, for the entire period of absence from India, with;
(b)
actual travelling expenses, and a substance allowance not exceeding the
following scale, while in any country outside India –
|
|
S. |
D. |
|
For Government
employee of the Inspector class (including sub inspector) |
22 |
6 a day |
|
For Government
employees of the Sergeant class For Government
employee of the constables and Assistant Inspectors Class. Pakistan for
the purposes of this not is treated as in India. |
15 |
0 a day |
Note 2- The High Commissioner may be
authorised to act on the decision taken under provision to sub-rule (1). The
periods of deputation, thus, converted into leave will count for pensions as
leave and not as deputation.
Note 3- The period of deputation runs from
the date on which the Government employee makes over charge of his office in
India to the date on which he resumes it, or, if the Government employee 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.
Note 4.- The turn “pay in the expression “pay
which he would have drawn had he remained on duty in duty India occurring in
this rule, should be interpreted literally with references to the definition in rule 2.44 and the pay
which a Government employee would have
drawn if he were on duty in India should be determined, for the purpose of this
rule, with reference to what the competent authorities I India, state the
Government employees pay would have been if he were on duty In India ,state of
Government employees pay would have been if he were on duty in India, it will,
therefore, be necessary for Accountant General to intimate to the High
Commissioner in each case after consultation with Government, the pay which a
Government employee would have drawn if on duty in India.
As overseas pay is
included in “pay” and as a Government employee would draw overseas pay under
rule 6.2 (I) (if entitled to it) had he remained on duty in India, it should be
taken into account for the purpose of calculation of the deputation pay under
that rule.
In the case of
Government employee who are not deputed
out of India for special items of works but are placed on continuous service
with Commissions 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.
Note 5.- In the case of a Government employee
proceeding on deputation the grant of return passage to India is conditional on
his return to duty forth with on the conclusion of the deputation unless an
arrangement to the contrary effect is specially permitted at the time the
deputation closes or is about to close, and the time the deputation close or is
about to close, and the proposed leave is begun.
Note 6.- The prevision of 1st class
ordinary or P. and O. :special” rate to the place of deputation and back should
be left to the discretion of the High Commissioner for India in cases in which
Government employee are placed on deputation in some other country while on
leave in which Government employees are
placed on deputation in some other country while on leave in England.
Note 7. - For
terms to be granted to Government employees sent on training abroad under the
various training schemes see Appendix 20-A to part II of this Volume.
6.3 When Government employee is with proper sanction deputed for duty out of India to hold a regular constituted permanent or quasi permanent, post, other than a post borne on the cadre of the service to which the belongs his pay shall be regulated by the orders of the competent authority.