Ministry of Finance
- Letter No. F.16(2)-E.IV/53 dated 11th June, 1953
- Letter No. 4810-E Iv/54 Dated 4th October, 1954
- Letter No. 9(22)-E.II(13)/56 Dated 4th October, 1954
- Memo No. 15(45)-E.I/59 Dated 6th Nov., 1959
- Memo No. 15/(8)-E.II(B)/60 Dated 4th May, 1960
- Memo No. 11(1)-E.II(B)/63 Dated 1st April, 1963
- Memo No. 11(2)-E.II(B)/63 Dated 6th May , 1963
- Memo No. 12(4)-E.II(B)/64 Dated 22nd October , 1964
- Memo No. 12(7)-E.II(B)/68 Dated 16th April , 1968
- Memo No. 11(14)-E.II(B)/63 Dated 23rd December , 1968
- Memo No. 11(1)-E.II(B)/69 Dated 25th June , 1970
- Memo No. 7(7)-E.II(B)/70 Dated 14th October , 1970
- Memo No. 11(1)-E.II(B)/69 Dated 31st August, 1974
- Memo No. 16011/2/E.II(B)/75 Dated 28th August, 1975
- Memo No. 16012/3/78-E.II(B) Dated 16th Sept., 1978
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2. In accordance with F.R. 48, except as otherwise
provided by general or special orders, a government servant is eligible
to receive and retain without special permission :
- the premium awarded for any essay or plan in public competitions;
- any reward offered for the arrest of a criminal or for information or
special services in connection with the administration of justice;
- any reward payable in accordance with the provisions of nay Act,
Regulation or Rule framed there under;
- Any reward sanctioned for services in connection with the
administration of the Customs & Excise laws;
- Any fee payable to a Government servant for duties which he is
required to perform in his official capacity under any special or
loyal
law or by order of Government.
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- According to definition of fees contained in FR 9(6-A), fees do not
include the
following payments and therefore, no special sanction is necessary for acceptance
of these payments.
- unearned income such as income from property,
dividends and interest on securities; and
- income from literary, cultural, artistic, scientific or
technological efforts.
Further, fees do not include honorarium which is a recurring or non-recurring
payment grated to a Govt. servant from the Consolidated Fund of India or the
Consolidated Fund for a State or the Consolidated Fund of a Union Territory as
remuneration for special work of an occasional or intermittent character. Thus,
a Govt. servant may be in receipt of honorarium or occasional or intermittent
character. Thus, a Govt. servant may be in receipt of honorarium or fee or
payments of nature indicated in paragraphs (a) and (b) above which are neither
fees nor honorarium. The instructions contained in this O.M. mainly seek to
regulate the acceptance of "Fees" by Govt. servants. It is clarified that
income from occasional participation in sports, game and athletic activities
as players, referees, umpires or manger of teams would be covered by (b) above.
However, in case a Govt. servant is permitted to participate in such sports
activies and accept payment as professionals the income derived
there from would
continue to be subject to deduction prescribed in Sr-12. Acceptance of fees
mentioned below would not be converted by (b) above:-
- Before acceptance of any payment other than those exempted under paragraphs
2 and 3 above, a Govt. servant should obtain prior sanction of the competent
authority under S.R. 11. Request for permission for acceptance of fees, wherever
necessary, should be made along with the request for permission for undertaking
the outside work or activity, where the latter permission is also necessary in
terms of SR 11. The authorities which can exercise the power of the competent
authority for this purpose have been indicated in serial no 3 of Appendix 'A'
under Supplementary Rule 2(6) which is extracted and excludes to those OM. as
annexure. Before granting the sanction, the competent authority should satisfy
itself that the work or services could be performed by the Govt. servant during
his spare time without detriment to his official duties and responsibilities.
-
- In respect of occasional and casual work performed outside the
office hours, unless otherwise provided a Government servant may retain
the full fee received by him upto a limit of Rs. 500/-. If the fee exceeds
these limits, one-third of the fee received, subject to the condition that
the fee retained by him does not fall short of Rs. 500/- should be credited
to the Government, Non-recurring and recurring fee should be dealt with
seperately and should not be added for the purpose of
crediting one-third
to the general revenues. In the case of the former, the limit of Rs. 500/-
prescribed should be applied in each individual case, and in the case of
the latter, the limit should be applied with reference to the total recurring
fee received in the financial year.
- For taking up part-time or full time employment while on study
leave abroad would require the permission of the authority which
sanctioned the study leave. However crediting 1/3rd of the
remuneration to government revenues would not be necessary in such
cases.
- The following payments received by Government servants will not be subject to
crediting one-third of the amount to the general revenues:
- Where a Government servant accepts a fee other than those listed above,
with or without specific permission of the competent authority, it will be
subject to the restriction indicated in paragraph 5 above. By way of
illustration, this restriction will apply in the following cases:-
- Scientists, technologists and medical specialists working under the Central
Government, who, in the over all 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 or scientific/medical institutions, may be allowed to retain
in to the remuneration received by them subject to the following conditions;-
- Private consultancy work should not be accepted by the staff working in
any Government institution including Indian Institute of Technology etc. However,
the Institutions concerned can take up consultancy work from private parties and
entrust the work to selected staff members. The fees received for rendering
consultancy work should credited to the funds of institution and suitable
honorarium may be sanctioned to the members of the staff entrusted with this
work. The honorarium paid to all the members of the team taken together should
not exceed 2/3rd of the fees received by the institution. Appropriate provision
should be incorporated in the terms of contract where an officer is in employment
on contract basis.
- All Government servants who accept any outside work in return for fees
should ensure that their official work does not thereby suffer. They shall
not undertake or shall discontinue such work if so directed by the Government.
- A Government servant on foreign assignment who earns his fees in foreign
exchange and pays one-third of his fees to the general revenues in rupees,
would be required to show proof of having surrendered equal amount of
foreign exchange at any bank authorized to convert foreign exchange into
rupees. The competent authority sanctioning the acceptance of fees should
make a stipulation to this effect in the sanction itself.
- In so far as the personnel of the Indian Audit and Accounts Department
are concerned, these orders issue after consultation with the Comptroller
and Auditor General of India.
- Hindi version of this OM will follow.
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