No. 15016/3/91-Estt. (Allowances)
Government of India
Ministry of Personnel, P.G & Pensions
(Department of Personnel & Training)

*****

New Delhi, the 28^th October, 1996.

OFFICE MEMORANDUM

Subject:- Revision of rates of Special Allowance payable to Parliament Assistants.

The undersigned is directed to refer to this Deptt’s OM No.15020/1/84-Estt.(AL) d. 21^st April, 1986 on the above subject and to say that the question regarding enhancement of rates of Special Allowance payable to Assistant/UDC wholly engaged on Parliament work had been under reference to the Board of Arbitration in Ca Ref. No. 9 of 1991. The BOA have given the following Award on 7.12.95 in the above CA ref:-

"The demand of the Staff Side is accepted to the extent that the Special Allowance payable to Parliament Assistants shall be raised in case of UDCs from Rs.225/- p.m. to Rs.40/- p.m. and in case of Assistants from Rs.300/- to Rs. 500/- p.m. This Awards shall be effective from 1.1.92."

2. The above Award of the Board of Arbitration has been accepted by the Govt. The President is, accordingly, pleased to decide that, in modification of the provisions of the OM dt. 21.4.86 ibid the rates of Special Allowance admissible to Assistants and UDC wholly engaged on Parliamentary work shall be raised to Rs.50/- and Rs.400/- p.m. respectively. All the other conditions laid down in the Min. of Finance OM No.10(1)/E.II(B)/70 dt. 10.2.70 and 18.5.70 shall remain the same.

3. These orders shall take effect from 1.1.92.

4. In so far as persons serving in the Indian Audit & Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

5. Hindi version of this OM is enclosed.

( B. Gangar )
Under Secretary to the Govt. of India

To

All Ministries/Deptts. of Govt. of India (as per standard list).

CENTRAL CIVIL SERVICES(EDUCATIONAL ASSISTANCE) ORDERS, 1988.

(i) These orders may be called the Central Civil Services

(Educational Assistance) Orders, 1988.

(ii) They shall come into force on 1.10.1988.

2. Application

(i) These orders shall apply to Govt. servants including State Govt. servants on deputation to the Central Govt. and industrial employees directly working under Government whose pay is debatable to civil estimates including civilians paid from Defence estimates but shall not apply to-

(a) Railway servants,

(b) Persons in casual or daily rated or ad-hoc or part-time employment,

(c) Persons paid from contingencies,

(d) Persons employed on contract except where the contract provided otherwise, and

(e) India based staff serving in Missions abroad and receiving educational assistance under the Indian Foreign service (Pay, Leave, Compensatory Allowances and other conditions of service) Rules, 1961 as amended from time to time.

(ii) These orders shall also apply to Govt. servants on deputation to State Governments or on foreign service, provided necessary provision in regard to the drawal of educational assistance under these orders from such State Government or foreign employers is expressly made in the terms of deputation or foreign service.

3. Definitions

In these orders, unless the context otherwise require:-

(a) ‘Child’ means a child of a Govt. servant and includes a step-child and an adopted child, who is wholly dependent on the Govt. servant;

(b) ‘Government’ means the Central Govt.

© ‘Head of Office’ means a gazetted officer declared as such under rule 4 of the Delegation of Financial Power Rules, 1978 and includes such other authority or person whom the competent authority may, by order, specify as Head of office;

(d) ‘Higher Secondary or senior secondary classes’ mean classes XI and XII and include classes upto the equivalent of XII class under the 10+2+3 scheme like Pre-university class or the first year class of an Intermediate College, a technical College, or a polytechnic provided the child has passed the Secondary or equivalent but not the Higher Secondary Examination before joining such class.

(e) ‘Primary classes’ mean classes I to V but does not include kindergarten or nursery classes.

(f) ‘Recognised School’ means a Govt. school or any educational institution whether in receipt of Govt. aid or not, recognized by the Central or State Govt. or Union Territory Administration or by a University or a recognized educational authority having jurisdiction over the area where the institution is situated. For the purpose of these orders education upto the Senior level shall be treated as school education;

(g)‘Secondary classes’ mean classes VI to X.

(h) Tuition Fee means tuition fee payable and actually paid, and includes-

(i) Science fee,

(ii) Laboratory fee, in case science fee is not separately charged

(iii)Special fee charged for agriculture as an elective additional subject and,

(iv) Any fee charged for subjects like music which are taught as part of the regular school curriculum or subject requiring practical work under the programme of work experience,

Provided that if tuition fee charged from a Science student is higher than that charged from a non-science student, science fee, though separately charged, shall not be included in tuition fee for the purposes of these orders.

Explanation-

‘Tuition fee’ does not, however, include-

(i) domestic science fund charges,

(ii) Library fee;

(iii) Games fee,

(iv) Admission fee, and

(v) Extra-curricular activity fee.

GENERAL CONDITIONS

4. Eligibility:- (1)Subject to the provisions contained in orders 11 to 24, all Govt. servants without, vide OM No. 18011/1/87- Estt. (Allcs), dated 31.12.87, any pay limit shall be eligible to draw children’s educational allowance, reimbursement of tuition fee and Hostel subsidy.

5. (1) In case both wife and husband are govt. servants and are governed by the provisions of these orders the children’s educational allowance or reimbursement of tuition fee or hostel subsidy as the case may be shall be admissible to one of them only.

(2) In case the wife or husband of a Govt. servant is employed outside the Central Government the Govt. servant shall be eligible to draw the allowance or reimbursement of subsidy under these orders, only if his/her spouse is not entitled to the benefit of any such allowance or reimbursement of subsidy from his/her employer and a declaration of that effect shall be obtained from the Govt. servant.

6. (i) The children’s educational allowance or the re-imbursement of tuition fees or hostel subsidy shall be admissible to a govt. servant while he/she is on duty or is under suspension or is on leave (including extra ordinary leave).

Provided that during any period which is treated as ‘dies non’ the Government servant shall not be eligible for the Allowance/ reimbursement/subsidy for the period.

(ii) If a Government servant dies or ceases to be in service by reason of retirement, resignation, discharge, dismissal or removal from service in the course of an academic year, the allowance or reimbursement of tuition fee or hostel subsidy shall be admissible till the end of the academic year in which the event takes place.

7. Children’s educational allowance reimbursement of tuition fee or hostel subsidy shall be admissible only in respect of children between the age limits of 5 to 20 years. A Govt. servant shall not be eligible to draw children’s educational allowance, reimbursement of tuition fee or hostel subsidy for a child for more than two academic years in the same class.

8. Assistance as per these orders shall be admissible upto 3 children at any time born upto 31.12.87 and shall be restricted to two children born thereafter.

Provided that where a Government servant claims children’s educational allowance in respect of some of his children and hostel subsidy in respect of other children and hostel subsidy in respect of other children, the total number of children in respect of whom the allowance or subsidy is drawn shall not exceed two.

9. The children’s educational allowance, reimbursement of tuition fee or hostel subsidy, as the case may be, shall be admissible to a Govt. servant in respect of a child only if the child attends the school regularly.

Provided that no such allowance, reimbursement or subsidy be admissible in any case where the period of absence from the school without proper leave exceeds one month not withstanding that the name of the child remains on the rolls of the school.

10. The children’s educational allowance, reimbursement of tuition fee, or hostel subsidy, as the case may be, shall be admissible to a Govt. servant in respect of his children regardless of the fact that any scholarship is received provided that if any fee concession is awarded, reimbursement of tuition fee/hostel subsidy shall be admissible only to the extent of fees actually paid.

Children’s Educational Allowance

11. (1) A Government servant is eligible to draw children’s educational allowance when he is compelled to send his child to a school away from the station at which he is posted and/or residing owing to the absence of a school of the requisite standard at that station.

(2) For the purpose of this order, the following schools shall not be deemed to be schools of the requisite standard;

(a) In so far as an Anglo Indian child is concerned, a school not run by the Anglo Indian community or a school not affiliated to the Council for Indian School Certificate Examination of the Indian Council of Secondary Education.

(b) A school run by a body of certain religious persuasion which the child is prevented by the tenets of his religious persuasion from attending due to religious instructions being compulsorily imparted in such a school; and

(c) A school where teaching is conducted in a language different from the language of the child.

Explanation I The language of the child will be the medium of instructions in the school where the child was getting education earlier and in the case of a child admitted in a school for the first time the mother tongue of the child by birth or by adoption.

Explanation II The admissibility of children’s education allowance will have to be determined with reference to the standard of the school, viz, Primary, Secondary or Higher Secondary or Senior Secondary and the medium of instruction and the language of the child and not to the absence of any particular subject in a particular institution.

12. The allowance shall be admissible to a Govt. servant at a station where there is no school of the requisite standard, only if the nearest school of such standard is so situated that there is no convenient train or bus service to take the child from his residence near the time of the opening of the school and bring him back not too long after the school is closed for the day and the journey by such train/ bus service takes more than an hour.

13. If a Government servant is transferred from a station where there is no school of the requisite standard to a station where there is such a school and if he was in receipt of the allowance at the former station in respect of any child, he shall continue to remain eligible for such allowance until the close of the academic year of the school in which his child was studying at the time of his transfer provided the child continues to study for that period in that school.

14. If a child of a Govt. servant is denied admission to a school of the ‘requisite standard’ at the station at which the Government servant is posted and /or residing because of there being no vacancy, or for any other reasons, and the child is, compelled to attend a school away from the Govt. servant’s place of posting and /or residence, the Govt. servant shall be entitled to the allowance as if there were no school of the requisite standard at that station.

Explanation- The availability of a vacancy in a school shall be determined with reference to the position existing at the time of the admission of the child in the school, whether it be at the start or in the middle of the session, in consultation with competent educational authorities of the area and not on the basis of the certificate of the school authorities.

15. A Government servant in receipt of the allowance shall continue to be eligible to draw such allowance during any period, not exceeding four months.

(i) when he may go and stay with the child in respect of whom the allowance is drawn while on leave or during suspension or temporary transfer;

(ii) When the child may come to live with the Govt. servant provided it is certified by a registered medical practitioner that the child is forced to remain away from studies due to illness; and

(iii) When the child may come to live with the Govt. servant during vacation, provided the child continues to be on the rolls of the school.

16. The allowance shall be admissible to a Govt. servant at the following rates, vide OM No. 18011/1/87- Estt. (Allowance), dated 31.12.1987:-

17. (1) The Allowance shall be admissible to a Govt. servant throughout the year notwithstanding that no tuition fee is paid during the vacation.

(2) In the case of a child who is successful at the final secondary/ higher secondary/ senior secondary examination, the allowance shall be admissible to the Govt. servant upto the end of the month in which the examination is completed or upto the end of the month upto which the school fees are charged, whichever is later.

(3) In the case of a child who fails in the final secondary/ higher secondary/ senior secondary examination, but resumes his studies, the allowance shall be admissible to the Govt. servant for the period of vacation intervening provided that fees are paid for the period of vacation.

Reimbursement of Tuition Fee

18. A Govt. servant shall be eligible to the reimbursement of tuition fee payable and actually paid in respect of his child provided that no children educational allowance under these orders is admissible to him.

19. (i) The tuition fee payable and actually paid by a Govt. servant in respect of his child may be reimbursed, subject to the following limits (DoPT OM No. 18011/1/87- Estt Alowances), dt 31.12.87);

(a) Class I to X Rs.20/- p.m. per child

(b) Class XI and XII Rs.25/- p.m. per child

(c) Classes I to XII Rs.50/- p.m. per child

Note (DoPT OM No. 18011/1/87- Estt Alowances), dt 27.5.87);:-

‘Science fee’ if charged separately upto the limit of Rs. 10/- p.m. will be reimbursable in addition to the tuition fee in respect of children studying in classes IX to XII & offering science subjects.

20. The reimbursement of tuition fee charged by a college run by a University or affiliated to a University for pre-University/first year class of an Intermediate College or of a Technical College or first year class of polytechnic for a correspondence course shall however, be reimbursed in full to their being restricted to the rates prescribed by Government college for corresponding classes.

"In cases where minimum qualifications for admission in the two years Diploma course in Polytechnics in 10^th Class of the revised pattern of education and the student joins the polytechnic after passing X class of the revised pattern of education, the reimbursement of tuition fees shall also be allowed for the 1^st and 2^nd year classes of the above course".

21. Notwithstanding anything to the contrary in these orders, tuition fee payable and paid in respect of a physically handicapped or a mentally retarded child of a Government servant shall be reimbursed subject to the following conditions:

(a) The Institution in which the child is studying is one which is recognized or approved or aided by the Central Government or State Government or Union Territory Administration.

(b) The fee charged are approved by the Central Government for State Government or Union Territory Administration, as the case may be.

Explanation:- If the Institution is recognized or approved or aided but the fees charged are not approved by Central or State Government or Union Territory Administration, the fees reimbursable shall be subject to a ceiling of Rs. 50/- per month.

HOSTEL SUBSIDY

22. A government servant shall be eligible to the grant of subsidy at the rate of Rs.150/- p.m. per child if because of his transfer he is obliged to keep his children in the hostel of a residential school away from the station at which he is posted and /or is residing.

However, if the date of admission to the Hostel is earlier than the date of transfer, and if such admission is made in anticipation of the transfer, the hostel subsidy may be made from the effective date of transfer.

23. The hostel subsidy shall be payable upto 10 plus 2 stage in States and Union Territories, where the pattern of 10 plus2 plus 3 has been adopted and upto Higher Secondary and Senior Secondary stage in other States and Union Territories irrespective of the fact that the children study in a Kendriya Vidyalaya or any other recognized school.

24. The Hostel subsidy shall not be admissible in respect of a child for whom children’s educational allowance is drawn by a Govt. servant.

PROCEDURE FOR PAYMENT OF CHILDREN’S EDUCATION ALLOWANCE, REIMBURSEMENT OF TUITION FEES AND HOSTEL SUBSIDY.

25. A Govt. servant claiming children’s educational allowance, reimbursement of tuition fees or hostel subsidy shall furnish a certificate (DoPT OM No. 12011/ 3 88- Estt. (Allow), dated 17.10.1988) in the prescribed form 1,2,3 & 4 as the case may be to the Head of office at the time of preferring his initial claim and thereafter in the months of March and July every year. Where the Government servant is himself the Head of the Office, he shall furnish the certificate to the next higher authority.

26. The Head of Office in regard to officers working in his office and the next higher authority in regard to the Head of Office shall, after making such enquiry as may be considered necessary, issue a certificate indicating the amount of allowance admissible to the Govt. servant on the basis of which the allowance shall be drawn by the drawing and disbursing officer.

Provided that in the case of children’s educational allowance it shall be permissible for the allowance being drawn on provisional basis, pending verification as above, for short periods not exceeding three months subject to an undertaking being obtained from the Govt. servant that if, as a result of verification, it is established that a school of the requisite standard does exist at a station of posting/residence or near such station as referred to in para 12, he shall refund the allowance paid to him.

Provided further that the Head of Office or the next higher authority, as the case may be, may at his discretion, make enquiry at periodic intervals regarding admissibility of assistance under these orders.

27. The drawing and disbursing officer shall certify on the pay bill that the certificates mentioned in order 26 in respect of the Govt. servants covered by the pay bill have been obtained.

28. A Government servant transferred from one station to another shall furnish a fresh certificate at the new station in case he continues to be eligible to draw children’s educational allowance or hostel subsidy.

FORM - I

Para –25

CHILDREN’S EDUCATIONAL ALLOWANCE

1.Certified that my child/children mentioned below in respect of whom children’s educational allowance is claimed is/are wholly dependent upon me and I am compelled to send my child/children away from the place of my posting/residence due to non-availability of the school of the requisite standard at the station of my posting/residence or due to non-availability of a vacancy in such a school at the station of my posting/residence.

1.

2.

3.

2. Certified that my child/children in respect of whom children’s educational allowance is claimed is/are studying in the schools mentioned in column (2) which is/are recognized schools (s) (Note applicable to schools run by Central Govt./state Govt/Union Territory Administration/Municipal Corporation/Municipal Committee/Panchayat Samiti/Zilla Parishad)

3. Certified that;

i) my wife/husband is/is not a Central Government servant

ii) my wife/husband is a Central Govt. servant and that she/he will not claim children’s educational allowance in respect of our child/children.

iii) my wife/husband is employed with ________ she/he is/is not entitled to children’s educational allowance in respect of our child/children.

4. Certified that during the period covered by the claim the child/children attended the school regularly and did not absent himself/herself/themselves from the school without proper leave for a period exceeding one month

5. Certified that the child/children has/have been not studying in the same class for more than two academic years.

6. In the event of any change in the particulars given above which affect my eligibility for children’s educational allowance, I undertake to intimate the same promptly and also to refund excess payments, if any made.

(Signature of the Govt. servant)

Name in block letters ___________

Designation & Office____________

Date _________

Place of Posting ___________

(Strike out whatever is not applicable)

FORM –2

Para-25

1.Certified that the child/children mentioned below in respect of whom reimbursement of tuition fee is claimed is/are wholly dependent upon me:

1.

2.

3.

2. Certified that the tuition fees indicated against the child/each of the children had actually been paid by me (cash receipt/counter-foil of the Bank credit vouchers to be attached with the initially claim)

3. Certified that;

i) my wife/husband is/is not a Central Government servant.

ii) my wife/husband is a Central Govt. servant but she/he will not claim reimbursement of tuition fee in respect of our child/children.

iii) my wife/husband is employed with _______ she/he is/is not entitled to reimbursement of tuition fees in respect of our child/children.

4. Certified that during the period covered by this claim, the child/children attended the school(s) regularly and did not absent himself/ herselves/themselves from the school (s) without proper leave for a period of exceeding one month.

5. Certified that the child/children mentioned has/have not been studying in the same class for more than two years.

6. Certified that I or my wife/husband have/has not claimed and will not claim the children’s educational allowance in respect of the children mentioned above.

7. In the event of any change in the particulars above which a effect my eligibility for reimbursement of Tuition Fees, I undertake to intimate the same promptly and also to refund excess payments, if any, made.

(Signature of the Govt. servant)

Name in block letters ___________

Designation & Office __________

Dated ___________

(Strike out what is not applicable)

FORM – 3

(Para 25 )

HOSTEL SUBSIDY

1. Certified that my child Shri/Kumari …………………………….. ………………….. studying in …………………………………… was admitted to hostel of the School on ……………….200…………

(Certificate from the Head of the School attached)

2. Certified that

(a) My wife/husband is/is not in Govt. service is/is not drawing Hostel Subsidy in respect of my child/children,

(b) the total number of children in respect of whom the hostel subsidy and children’s educational allowance has been claimed does not exceed the number as provided in the orders.

3. I undertake to inform my employer forthwith in the event of my withdrawing the child from the Hostel and also about any change in the particulars mentioned earlier.

(Signature of the Govt. servant)

Dated………..

Name in block letters……………. ….

Designation & Office ……………….