No. 16013/1/93-Estt. (Allowances)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
New Delhi, the 21 January, 1998
OFFICE MEMORANDUM
Subject:- Instructions regarding acceptance of fees by Central Government employees (other than acceptance of fees by Medical Officers in civil employ)- Modification of-
The undersigned is directed to refer to this Department’s O.M. No. 16013/1/79- Estt. (Allownaces) dated 11th February, 1980 relating to acceptance of fees by Central Govt. employees (other than acceptance of fees by medical Officers in civil employ), read with O.M. No. 16011/3/81-Estt. (Allowances) dated 19.5.81 & 15.10.83 and to say that the operation of SR- 12 has since been reviewed and it has been decided that in respect of occasional and casual work performed outside the office hours, unless otherwise provided, a Government servant may henceforth retain the full fee received by him upto a limit of Rs.1500/- in a financial year. Non-recurring and recurring fee should be dealt with separately and should not be added for the purpose of crediting one –third amount to the general revenues. In the case of non-recurring fee, the limit of Rs.1500/- should be applied in each individual case and in the case of recurring fee, the limit should be applied with reference to the total of recurring fee received in a financial year.
2. Further, it has also been decided that where prior sanction of the competent authority for undertaking the outside work or activity and the acceptance of fee has already been taken by a Govt. servant as required under SR-11 or Rule 15 of CCS (Conduct) Rules, the requirement of crediting, under SR-12, 1/3 of the amount of fee (if it exceeds Rs. 1500/- in each case in respect of non-recurring fees and in a year respect of recurring fees, subject to the condition that the fee retained by him does not fall short of Rs.1500/- ) to the general revenues will henceforth be enforced in the following types of cases only:-
(i) Where a Government servant receives sale proceeds or royalties on a book which is a mere compilation of Govt. rules, regulations and procedures. However, the requirement of 1/3rd deduction in such a case can be relaxed, with the concurrence of Deptt. of Personnel & Training, provided that a certificate is furnished by the Ministry/ Department concerned at the level not below the rank of Joint Secretary to the effect that "such a book is not a mere compilation of Govt. rules, regulations and procedures but it reveals the author’s scholarly study of the subject". If the Officer in whose case the exemption under SR- 12 is sought is himself of the status of a Joint Secretary or above ,the certificate should be furnished by the next higher officer;
(ii) Where a Govt. servant is permitted under SR-11 to perform clerical, administrative or technical work of an occasional or casual nature for a private body including a private body engaged in literary, cultural, artistic, scientific, charitable or sports activities and accepts fee there from. The words "private body" include as co-operative societies and societies registered under the Societies Registration Act which are not subject to administrative control by Govt."
(iii) Where income is received for publishing a book or contributing an article on subjects other than those on literary, cultural, technological and scientific subjects (including management sciences);
(iv) Where income received by a Govt. servant from a regular remunerative occupation is in the nature of part-time employment permitted by the Govt. or the competent authority under Conduct Rule 15; and
(v) Where income is received for exploitation of a patent taken out without the permission of the competent authority.
3. Other terms & conditions would remain the same.
4. These orders will come into force from the date of issue.
5. Formal amendment to SR- 12 will follow.
6. In so far as the personnel of the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the C & AG of India.
7. Hindi version is enclosed..
Sd/-
(B. GANGAR)
UNDER SECRETSARY TO THE GOVERNMENT OF INDIA
To:
All Ministries/ Departments of Government of India
(As per standard distribution list)
No. 16013/1/93-Estt. (Allowances) New Delhi, the 21 January, 1998
Copy also forwarded to :-
1. Controller General of Accounts/ Controller of Accounts, Ministry of Finance.
2. Union Public Service Commission/ Supreme Court of India/ Election Commission/ Lok Sabha Secretariat/ Rajya Sabha Secretariat/ Cabinet Secretariat/ Central Vigilance Commission/ President’s Office/ Planning Commission.