GOVERNMENT OF ANDHRA PRADESH
ABSTRACT
Foreign Service Terms and
Conditions - Leave Salary & Pensionary Contribution - Amendment to G.O. Ms.
No. 160, Fin. (FR.II) Dept., dt. 7-5-2010 - Orders issued.
FINANCE (FR.II)
DEPARTMENT
G.O.Ms.No. 302 Dated:28-11-2012
Read·
the following:
1.
G.O.Ms.No.10, Finance (FR-II) Department, dt:22.01.1993
2. G.O. Ms. No. 160, Finance (FR.II) Department, dt. 7-5-2010.
ORDER:
In the G.O. 2nd read
above on the recommendations of the 9th PRC certain orders were
given regarding the payment of Leave salary and Pension contribution which is
as follows:
EXISTING PARA 2
(IX) TO BE DELETED
(IX) LEA VE SALARY
AND PENSION CONTRIBUTION;
The foreign employer shall pay to
Government Leave Salary and Pension contribution at the following rates:
(1) RATE OF LEAVE
SALARY CONTRIBUTION:
11 % of the pay drawn in Foreign
service, if governed by Leave Rules in Fundamental Rules or Hyderabad Leave
Rules, 1357 Fasli (1947)
OR
11 % of pay drawn in Foreign
Service, if governed by A.P. leave rules, 1933 or Hyderabad Revised Leave
rules, 1952
% of the maximum monthly Pay of the
grade held by the Govt. servant in government service.
Note: the appropriate rate
applicable according to the Table of the rates in Fundamental Rules 116 which
are based on length of Service should be specified.
The above rates are only
provisional subject to revision by the Accountant General / Pay and Accounts
Officer, Hyderabad, as the case may be. The Foreign employer should remit to
the Accountant General, Andhra Pradesh, Hyderabad, the amounts of the above
contributions every month by way of demand drafts, the necessary charges for which
should be borne by the Foreign employer.
REVISED PARA (IX)
TO BE INSERTED
(IX) LEA VE SALARY
AND PENSION CONTRIBUTION.
(a) While accepting the proposal of
the deputation, the competent authority should include in the order of
deputation a specific clause regarding the recovery of Leave Salary and Pension
contribution and shall mention the exceptional circumstances under which the Government
feels that recovery of Leave salary and Pension Contribution is warranted. If
specific clause is not mentioned in the deputation order, it would be presumed
that such a recovery is waived.
(b) Verification regarding recovery
of Pension contribution shall be waived in respect of all pension cases
presently under consideration and also the future cases, if the officers worked
on deputation in the establishments such as Public sector Undertakings which
are wholly owned or controlled by State Government or to any State government company
where the State Government has a major share, or to any Local Body or
University or to any Aided Institution which is under the control of the state
Government, even though their original deputation orders stipulated recovery of
Leave Salary and Pension contribution.
(c) even in respect of State
Government Companies, where there is no Grant in aid, since the Government has
a major share, it should be treated as an extension of Government service and
contribution shall be waived. In respect of deputation of officers from one
grant-in-aid institution to another grant-in-aid institution, the leave salary
and Pensionary contributions shall also be waived, as in the final analysis, the
expenditure is met by the Govt. In cases where officers from grant in- aid
institutions are deputed to work in govt. or in Quasi Govt. organizations these
contributions shall be waived on the same analogy.
2. While issuing the said orders
the entire para 2 (ix) was deleted by incorporation of the recommendations of
the PRC 2009, because of which the quantum of the amount payable by the foreign
employer as Leave Salary and Pension Contribution was also deleted. Consequently,
the rates at which Leave Salary and Pension Contribution are to be paid, in
cases
where they are not exempted, are
not provided for in the said orders. Further,
as per the orders in the said G.O., if a clause is not mentioned in the orders
of deputation regarding Leave Salary & Pension Contribution to be paid by
the borrower, the same is not to be recovered from the borrowing institution / Department.
Many lending departments being unaware of the above clause and G.O. are still
following only G.O. Ms.No.10, Finance, dt. 22-1-1993, and not mentioning the
clause regarding recovery of Leave Salary and Pension Contribution in the
deputation orders, even where the two components are to be paid Consequently,
by default, Government is losing the two contributions.
3. In view of the above position,
and after careful examination of the issue, it is decided by the government to
issue an amendment to G.O.Ms. No.160, Finance (FR.II) Dept., dated 7-5-2010,
as follows:
AMENDMENT
(A) In the table given under para 5
of the said G.O. in place of Revised Para 2 (ix) the following is to be
replaced.
Existing para 2 (ix) as per G.O.
Ms. No. 160, Fin. (FR.II) Dept., dt. 7-5-2010
(IX) LEA VE SALARY
AND PENSION CONTRIBUTION.
(a) While accepting the proposal of
the deputation, the competent authority should include in the order of
deputation a specific clause regarding the recovery of Leave Salary and Pension
contribution and shall mention the exceptional circumstances under which the Government
feels that recovery of Leave salary and Pension Contribution is warranted. If
specific clause is not mentioned in the deputation order, it would be presumed
that such a recovery is waived.
(b) Verification regarding recovery
of Pension contribution shall be waived in respect of all pension cases
presently under consideration and also the future cases, if the officers worked
on deputation in the establishments such as Public sector Undertakings which
are wholly owned or controlled by State Government or to any State government company
where the State Government has a major share, or to any Local Body or
University or to any Aided Institution which is under the control of the state
Government, even though their original deputation orders stipulated recovery of
Leave Salary and Pension contribution.
(c) even in respect of State
Government Companies, where there is no Grant in aid, since the Government has
a major share, it should be treated as an extension of Government service and
contribution shall be waived. In respect of deputation of officers from one
grant-in aid institution to another grant-in-aid institution, the leave salary
and Pensionary contributions shall also be waived, as in the final analysis, the
expenditure is met by the Govt. In cases where officers from grant-in-aid
institutions are deputed to work in govt. or in Quasi Govt. organizations these
contributions shall be waived on the same analogy.
NEWLY INSERTED
PARA 2 (IX)
(IX) LEA VE SALARY
AND PENSION CONTRIBUTION:
(a) While accepting the proposal of
the deputation, the competent authority should include in the order of
deputation a specific clause regarding the waiver of the recovery of Leave
Salary and Pension contribution and shall mention the exceptional circumstances
under which the competent authority feels that the waiver of recovery of Leave
Salary and Pension contribution is warranted. If specific clause relating to
waiver of Leave salary and Pension contribution is not mentioned in the
deputation order, then such recovery is applicable as per the rates mentioned
in FR. 116.
(b) When the borrowing institutions
are of Central Govt/other State Govts. / or the State Govt. Institutions in
A.P. which receive funds from other sources such as world Bank/Central Govt.
and the other institutions whose source of income is from other than Govt. of
A.P. and other institutions of A.P., like Universities / Local Bodies etc., who
receive funds from Govt. of A.P. to some extent only and receive funds from
other sources for the remaining extent, then such institutions shall pay Leave
salary and pension contribution for borrowing Government servants. In other
words Institutions which receive 100% of funds from Govt. of A.P. only are eligible
for exemption of Leave salary and Pension contribution mentioned in G.O. Ms.
No. 160, Fin. (FR.II) Dept., dt. 7-5-2010.
(c) "In every case where the
recovery of Leave salary and Pension Contribution is necessary the same shall
be effected at the following rates.
1) LEAVE SALARY
CONTRIBUTION:
11 % of the pay drawn in Foreign Service
2) RATE OF PENSION
CONTRIBUTION:
% of the maximum monthly Pay of the
post held by the Govt. Servant in Government Service, at the time of proceeding
on Foreign Service.
Note: 1. The appropriate rate
applicable according to the table of the rates under Fundamental Rule 116 which
are based on length of service should be specified.
Note: 2. When waiver of Leave
Salary and Pension Contribution is not mentioned in the order, it shall be
deemed to be recovered from the borrowing department.
(By order and in
the name of the Governor of Andhra Pradesh)
DR. D. SAMBASIV A
RAO,
Principal
Secretary to Govt. (FP)
