No. 16011/3/81-Estt. (Allowances)
Government of India/ Bhaqrat Sarkar
Ministry of Home Affais/ Grih Mantralaya
Department of Personnel and Administrative Reforms
(Karmik Aur Prashasnik Sudhar Vibhag)
New Delhi, the 15th October, 1983
Subject:- Terms of deputation etc. for Government who are permitted to take up short term foreign assignment/ Consultancy with United Nations and other International Agencies like World Bank, Asian Bank, ESCA.P etc.
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 OM No.16013/1/79- Estt. (All), dated 11.2.1980 and the instructions regarding to exemption from the operation of SR.12 relating to fees received by Government employees permitted to take up shot-term consultancy/ assignment with United Nations and other International Agencies issued vide this Deptt.s OM NO.16011/3/81- Estt. (All), 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 assignment/ consultancy with United Nations and other International Agencies like World Bank, Asian Bank, ESCAP, etc.
2. It has been decided, in consultation with the Ministry of Finance, that the terms and conditions in regard to ay 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:-
(a) 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 service/ consultancy. If the Agency does not pay these contributions, the government servant himself should pay such contributions. In cases where leave salary and pension contributions are not paid either by the Agency or 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.
(b) 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 (ie. 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 these covered by (a) and (b) above where a Govt. to take up short term assignment/ consultancy with UN and other International Agencies and the Agency offers only subsistence allowance or fee/ honorarium or both, the period of absence of the Government servant would be treated as leave due and admissible to him. No contribution on account of leave salary and pension will be payable in such cases.
(d) In the cases of government servant whose appointment with the Government is on contract basis, if the duration of assignment/ consultancy with UN or other International Agencies is more thean 45 days, the contract appointment should be terminated w.e.f. the he hands over charge for taking up the assignment/ consultancy. If after completion of the assignment / consultancy with the 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-clause (a), (b) and (c) above.
3. 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:-
(A) Employment during Leave:
Doubts have been raised in the past whether in cases where the period of foreign assignment/ consultancy 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 provisions contained in Rule 13 of the Central Civil Services (Leave) Rules, 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 offer 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 foreign assignment/ consultancy would automatically carry with it also the permission under Rule 13 of the CCS (Leave) Rules, 1972.
(B) Provision for Scientists, Technologists and Medical Specialists
In paragraph 8 of O.M. No.16013/1/79- All, dated 11.2.80 it has been provided that scientists, 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 or Scientific/ Medical Institutions, received by them, subject to the following conditions:
(i) They may be granted Extraordinary leave during the period of such assignment;
(ii) The assignments should not be of more than two years duration at a time; and
(iii) They shall pay pension contribution to the Gov. of India, as payable under the provisions of Fundamental Rules by a Govt. Servant if sent on deputation on foreign service. In the case of those who are governed by the Contributory Provident Fund Rules, they should themselves contribute the employer’s share of contributions with reference to the emoluments which the official would have drawn had he been on duty in India.
It has been further provided that the above benefit will, however, not be applicable to (a) temporary employees with less than three years continuous service: 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 service the Government on return from foreign assignment for a period of at least three years whether on contract or otherwise.
A view has been expressed that he above provisions are less liberal than the provisions contained in paragraph 2 supra. It has, therefore, been decided that the scientists, technologists and medical specialists permitted to take up short term foreign assignment/ consultancy with United Nations and other International Agencies may be given an option either to be governed by the provisions contained in paragraph 8 of O.M. dt 11.2.80 or provisions contained in paragraph 2 supra.
© Exemption from cut under S.R. 12
As per the provisions contained in para G(iii) of OM dated 11.2.80, payments received by Govt. servants for writing reports/ papers or study reports / papers or study reports on selected subjects for International bodies like the UN UNESCO, etc. are not subject to crediting 2/3rd of the amount under S.R. 13 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. 16011/3/81- Estt. (Al), dt. 19.5.81 providing that in cases under a Govt. servant writes a paper or a report etc. (aided by knowledge or acquired by him in the course of his service) on behalf of the United Nations or other International Agencies and such report has been written as an outcome of short term consultancy, the account paid by the agency on account of such work shall also be exempted from the cut under S.R. 13. 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 Age3ncies will be subject to the cut as per provisions of S.R. 13.
(D) Other terms and conditions
Apart from what has been provided in this OM 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 , T.A. etc. will be as settled with the borrowing organization.
(E) Short-term Consultancy
For the purpose of the aforesaid orders short term assignment/ consultancy means an assignment of not more than 3 months duration.
4. 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 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.
5. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.
6. Hindi version of this O.M. is enclosed
To: All Ministries/ Department of the Government of India
No. 16011/3/81-Estt. (Allowances)New Delhi, the 15th October, 1983