The undersigned is directed to refer to the consolidated instructions relating to
the acceptance of fees by Central Government employees, contained in this
Department's O.M. No. 16013/1/79-Allcs dated 11.2.80 and the instructions,
regarding exemption from the operation of SR 12 relating to fees received by
Government employees permitted to take up short term consultancy/assignment
with united nations and other International Agencies issued vide this Deptt.'s
O.M. No. 16011/3/81-Estt. (Allcs) dated 19.5.81, and to say that the Government
of India have had, under consideration, the question of laying down certain
guidelines to ensure uniformity in the terms and conditions that may be offered
to Central Govt. employees permitted to undertake foreign assignments/consultancy
with United nations and other International Agencies like World Bank, Asian bank,
ESCAP, etc.
- It has been decided, in consultation with the Ministry of Finance,
that the terms and conditions in regard to pay and allowances and the
treatment of period spent on short term assignment/consultancy with the
UN and other International Agency should be regulated as under:-
- Where the UN or other International Agency offers
to the Government servant pay and allowances according to
its own rules the period spent with the Agency by the
Government servant will be treated as foreign service.
The Agency would be required to pay contributions on
account of leave salary and pension for the period of
foreign services/consultancy. If the agency does not pay
these contribution, the govt. servant himself should pay
such contributions. In cases where leave salary and pension
contributions are not paid either by the Agency of by the
Govt. servant concerned the period spent on foreign service
will not count as qualifying service for pension and for
determining the leave entitlement.
- Where the Government of India sponsors a Government
servant for a short term assignment/consultancy with UN and
other international Agency and the Government servant so
sponsored is paid by the Agency only subsistence allowance
(i.e. daily allowance) or consultancy fee/honorarium or both
and not pay and allowances as per its own rules the Government
servant would be treated as on deputation to the Agency and
allowances would be paid by the Government of India.
The Government servant would be treated as on duty for the
entire period of deputation with the Agency. Contributions
towards leave salary and pension are not payable in such cases.
- In cases other than those covered by (a) and (b) above
where a Govt. Servant is permitted by Govt. to take up short
term assignment/constancy with UN and other international
Agencies and the Agency offers only subsistence allowance or
fee/honorarium or both, the period of absence of the Govt.
servant would be treated as leave due and admissible to him.
No contributions towards leave salary and pension are not
payable in such cases.
- In the case of government servant whose appointment
with the Government is on contract basis. If the duration
of assignment/consultancy with or other international
agencies is more than 45 days, the contract appointment
should be terminated w.e.f. the date he hands over charge
for taking up the assignment/consultancy. If after
completion of the assignment/consultancy with agency the
services of the official are still required, his appointment
will have to be on a fresh basis. In case the duration of the
assignment/ consultancy is 45 days or less the period of
assignment/ consultancy will be regulated under sub-clauses
(a), (b) and (c) above.
- In the context of the decisions contained in the above paragraph,
the following points which are relevant to the issue are also clarified
for the guidance and information of all the Ministries/Departments of
Central Government;-
- Employment during Leave :
Doubts have been raised in the post whether in cases
where the period of foreign assignment/counsultancy is
covered by the grant of leave due and admissible to the
Government officer concerned the officer can be allowed
to accept employment in the form of assignment/consultancy
in view of the previsions contained in Rule 13 of the
Central Civil Services (Leave) Rule, 1972 which provide
that an officer on leave is prohibited from taking up any
service or employment without obtaining the previous
sanction of the competent authority during the period
of his leave. The above rule further provides that such
sanction is not to be granted ordinarily and in exceptional
cases either the services of the officer be transferred
to the office where he intends to work during leave or
he may be required to resign.It is clarified that in cases
where the officer is permitted to take up foreign
assignment/ consultancy with UN and other bodies
permission by the competent authority to the officer
to accept assignment/ consultancy would automatically
carry with it also the permission under Rule 13 of CCS
(Leave) Rules. 1972.
- Provision for Scientists, Technologist and Medical Specialists
In paragraph 8 of the O.M. No. 16013/1/79-Allcs. Dated 11.2.80 it has
been provided the scientist, technologists and medical specialists
working under the Central Government, who in the overall interest of
research and development, are permitted by Government to take full time
assignment either in foreign countries or within the country, as visiting
Professors. Students, etc. in Universities of Scientific/ Medical
Institutions may be allowed to retain in toto the remuneration received
by them subject to the following conditions:
- They may be granted Extraordinary leave during
the period of such assignment
- The assignments should not be of more than two
years duration at a time; and
- They shall pay pension contribution to the Govt.
of India as payable under the provisions of
Fundamental Rules by a Govt. servant sent on
deputation on foreign service. In the case of those
who are government by the Contributory Provident
Fund Rules, they should themselves contribute the
employer's share of contribution with reference to
the emoluments which the official would have drawn
had he been on duty in India.
It has bee further provided that the above benefit will, however,
not be applicable to (a) temporary employees with less than three
years continuous services; and (b) re-employed pensioners. Persons
appointed on contract will also not be eligible unless they have put
in not less than three years of service under the Central Government
and they give an undertaking to serve the Govt. on return from
foreign assignment for a period of at least three years whether on
contract or otherwise.
- Exemption from cut under S.R. 12
As per provisions
contained in para 6 (iii) of O.M. dated 11.2.80, payments
received by Govt. servants for writing reports/papers or study
reports on elected subjects for International bodies like the
Un, UNESCO, etc., are not subject to crediting 1/3rd of the
amount under S.R. 12 to general revenues. In consultation with
the Ministry of Finance and the C&AG, orders have since been
issued vide this Department's O.M. No. 11/3/81 0 Estt (Allcs)
dt. 19.5.81 providing that in cases where a Govt. servant writes
a paper or report etc. (aided by knowledge acquired by him in
course of his service) on behalf of the United Nations or other
International Agencies and such report has been written as an a
outcome of short term consultancy, the amount paid by the Agency
on account of such work shall also be exempted from the cut under
S.R. 12. In all other cases not covered under the orders referred
to above the consultancy fee/ honorarium received by the officers
for the short term assignment/ consultancy with the UN and other
international Agencies will subject to the cut as per provisions
of S.R. 12.
- Other terms and conditions
Apart from what has been
provided in this O.M. a Government servant permitted to take
up foreign assignment/ consultancy with the World Organisations
such as United Nations, World Bank, FAO, ESCAP etc. will not be
entitled to any other payments or concessions from the Government
of India and the other terms and conditions like those for passage.
TA etc will be as settled with the borrowing
organisation.
- Short-term Consultancy
For the purpose of the
aforesaid order short tem assignment/ consultancy means and
assignment of not more than 3 month duration.
- Vacancies exceeding forty five days caused on account of the officials
having been sponsored by the Government of India to take up short term foreign
assignment/ consultancy with the United Nations and other international
Agencies may be filled up by the Ministries. Etc. In the normal manner.
Vacancies of duration of forty five days or less should not be filled up.
Filling up of leave vacancies will be governed by the normal rules.
- In so far as persons serving in the Indian Audit and Accounts Departments
are concerned these orders issue in consultation with the Controller and Auditor
General of India.
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