Foreign Service - Terms of Deputation
of Government Servants deputed on foreign service Re-issue of consolidated
standard terms and conditions of deputation.
FINANCE AND PLANNING (FW. F.R. II) DEPARTMENT
G.O.(P).No.10, Dated:22-1-1993,
Read the following:
G.O.Ms.No.204, Fin. & Pig. (FW. FR. II) Dept, dt.
21-5-1976.
The terms of deputation to be granted to Government servants deputed to Foreign Service are to be regulated in accordance with the provisions of Fundamental Rules 110 to 126 and Rules 472 to 489 of the Hyderabad Civil Service Rules. In the G.O. Read above consolidated standard terms of deputation and the rate of deputation allowance were laid down for general applicability.
2.
Later, several instructions, clarifications and amendments on the subject were
issued. It has therefore, been felt necessary to put all those
instructions/clarifications etc., at one place and to re-issue the consolidated
standard terms and conditions. Accordingly, Government in supersession of the
orders issued in the G.O. read above, re-issue the following consolidated terms
& conditions of deputation, for general applicability in future cases.
(i) Period of Deputation:
The total period of deputation should not exceed five years; the period
being reckoned from the date of relief from service to the date on which he
takes charge of a post under the Government on reversion from foreign service.
The period of deputation shall be subject to a maximum of five years of which
the initial period of deputation up to 3 years shall be sanctioned by the Head
of the Department if he is the competent authority to order transfers and
postings, of his subordinates. Otherwise, the Government in the Administrative
Department not below the rank of Deputy Secretary to Government shall issue
orders sanctioning the deputation to Foreign Service. Extension beyond the
initial period of 3 years that is for a further period up to 2 years shall be
decided by the concerned Secretary to Government where such extensions is
considered necessary in public interest In case where Government is the
authority competent to order transfers and postings, the cues of deputation to
Foreign Service should be sanctioned only by Government and not by the Head of
the Department However in cases of deputation of the State Police employees to
the Ministry of Railways and to the Central Bureau of Investigation (Special
Police Establishment), the period of deputation shall be 7 years as already
ordered in G.O.Ms.No.298, Fin & Plg. (FR-II) Department, dt.02-1-1974.
Under no circumstances extensions beyond the above specified period will be
considered by Government.
(ii) Pay and Allowances: The Foreign employer shall, during the period of deputation/Foreign Service, allow the Government Servant, pay and other allowances, as mentioned below:
BASIC PAY
The pay and scale of pay admissible from time to time to
the Government Servant in the Government Departments just proceeding his
joining to duty under the foreign employer deputation post.
ALLOWANCES
(1) Dearness Allowance and other Compensatory Allowances
i.e., (House Rent Allowance, City compensatory Allowance) admissible at the
place of duty on deputation in Foreign Service at the rates applicable in the
State Government.
(2) In case of Doctors, Non-private practice Allowance
(N.P.P.A) will be admissible if he was receiving immediately before -
deputation subject to the condition that foreign employer also wants to enforce
the condition that no Private practice would be permitted. If private practice
is permissible no Non private practice allowance shall be admissible.
COMPENSATORY ALLOWANCE
(3) Compensatory Allowance in lieu of residential Attender at the rate of Rs.200/ - per month (Rupees two hundred only) may be allowed, if the same was being drawn immediately before deputation.
iii) Encashment of Leave:
During the period of Foreign Service, the deputationist may be allowed to encash
the leave in accordance with State Government Rules. The Foreign employer shall
initially bear the expenditure of such encashment of leave and get the
expenditure reimbursed from the parent department. For this purpose, the
procedure laid down in G.O.Ms.No.35 Finance, dt. 31st January 1976
shall be followed.
(iv) Leave Travel Concession: During the period of Foreign Service the deputationist may
be allowed the leave Travel Concession as per the orders of the State
Government issued from time to time and the liability in respect of such
expenditure shall be born by the foreign employer in full However, the leave
allowance for the purpose of Leave Travel Concession shall be born by the
parent department.
(v) Educational Concession: During the period of Foreign Service, all Non-Gazetted
officers may be allowed Educational Concession for their children in terms of
the orders of State Government and the liability in this regard shall be born
by the foreign employer.
(vi) Travelling Allowance : The Foreign employer shall allow Travelling Allowance, as
on transfer under the A.P. Travelling Allowance Rules in respect of journeys
performed by the Government Servant for joining the post in Foreign Service and
on reversion there from in respect of the Journeys performed during the period
of Foreign Service the foreign employer shall allow Travelling Allowance and
Daily Allowance as on tour under the A.P. Travelling Allowance Rules or under
the rules of the undertaking/organisation at the option of the employee.
(vii) Joining time and Pay: The Foreign employer shall allow the- Government Servant
such joining time as admissible under Fundamental Rules/Hyderabad Civil Service
Rules, as the case may be for joining the post of Foreign Service and on reversion
there from and shall allow pay during such periods, at the rates admissible
under Fundamental Rules / Hyderabad Civil Service Rules.
(viii) Leave During the
Period of Foreign Service, the Government Servant shall be entitled to such
leave Rules as per the rules by which he is governed in Government Service.
(ix) Leave 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 old
Hyderabad Leave Rules 1357 Fasli (1947)
Or
11 % of the pay drawn in Foreign Service if governed by
A.P. Leave Rules, 1933 or Hyderabad revised Leave Rules, 1952.
2. Rate of Pension contribution: % of the maximum monthly pay of the grade held by the
Government Servant in Government Service.
Note: The appropriate
rate applicable according -10 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 born by the foreign
employer.
x) Disability Leave: The
Foreign employer should bear the charges for the leave salary in respect of
disability leave, if any, granted to the Government Servant on account of any
disability incurred in or through the Foreign Service even if such disability
manifests itself after the termination of Foreign Service.
xi) Extraordinary Pension or Gratuity: The Foreign employer shall be liable to pay any such
Gratuity or Pension that may be admissible under the Civil Services
(Extraordinary Pension Rules) applicable to the Government Servant, if any
injury is sustained or death occurs while on Foreign Service which (i.e.,
injury or death) is attributable directly due to or in consequence of the
performance of his duties in foreign service.
xii) Compensatory Allowance during leave: The Foreign employer shall pay Compensatory Allowances, if
any, for the periods of leave taken by the Government Servant in or at the end
of Foreign Service.
xiii) Medical Concession: The Foreign employer shall provide the Government Servant
the Medical Concessions and facilities on a scale not inferior to what would
have been admissible to him in Government service.
xiv) Three Month's Deposit: The Foreign employer shall deposit in the nearest
Government Treasury an amount equal to three month's pay and allowances
admissible to the Government Servant which will be accounted for as a
"Revenue Deposit and refunded to the Foreign employer at the termination
of the Foreign Service of the Government Servant, after satisfying that all
claims due to the Government and the Government servant by the Foreign employer
have been settled”.
xv) Arrear Claims: The
Foreign employer shall pay arrear claims, if any, that may be pointed out by
the Government or the Accountant General on account of the Government Servant
owing to revision of Pay and Allowances while on Foreign Service.
xvi) Deviation from the Standard terms: The terms and conditions laid down above should be
strictly followed and no cases for deviation from the standard terms may be
taken up.
xvii) Deputation to Private Organisation : Except, in the case of Private Companies in which Government
have 20% or more of equity shares or Industries which have a special importance
to the State and Co-operative Societies to which deputations under normal terms
and conditions can be allowed, no deputation of Government Servants should be
permitted to any Private Organisation whether or not such deputation is in
public interest Further, Government Servant seeking employment in any Private
Organisations should resign from Government Service before they are permitted
to accept employment in the private organisations. To this effect, orders were
already issued in Government Memo. No. 025363/722/FR-II/72-I. dt. 27.10.73.
xviii) General:
a) Deputationists are not permitted to accept any
perquisites, allowances or payment in any form in addition to or in
modification of the terms indicated in the original order of deputation without
specific prior approval of Government The borrowing authority should obtain the
concurrence of the Government before any such perquisites, allowances or
payments are sanctioned. If these are accepted without such prior concurrence
of the Government, they would be deemed to be unauthorised payments and the
officers concerned will be liable to refund the same as already ordered in G.O.Ms.No.112,
Fin. and Pig. (FW. FR-II) Department, dt 16-4-1974.
b) Foreign service including service on deputation does not
count for probation in the parent department and therefore the probationer sent
on deputation suffers from the fact that even though he puts in
considerable period of service under foreign service organisation his interest
in the parent department cannot be safeguarded by declaration of his probation
unless rules are relaxed. In view of this difficulty, instructions were issued
in Government circular Memo NO.47447-G/1951/FR-II/76-1. dt 12-10-76, to the
effect that only approved probationer n·be
sent on deputation/foreign service.
c) The maximum period of deputation, of a government servant is up to 5 years. But although there are specific orders to this effect, it is very often noticed that in practice the Departments / Organisations to which a government servant is deputed initially for a period of one year, such deputation is being extended up to three years under the existing powers to the Heads of the Departments, and they are also being continued even beyond three years without any specific order from Government, who are competent to consider such cases. Although Heads of Departments are not empowered for such an action, the Government, servants are allowed to continue on deputation / Foreign service for period beyond 5 years also without prior approval or specific orders of Government. This is quite irregular.
With a view to ensure promptitude in cases of deputation/foreign service of such cases, the competent authorities are requested to ensure that no Government servant shall be relieved without specific sanction issued by Heads of Departments / Government as case may be. In regard to the cases of sanction of extension of deputation / foreign service, the borrowing department/foreign employer should necessarily initiate proposals at least two months prior to the date· of expiry of the deputation period, failing which the lending department shall issue orders well in advance for repatriation of the deputationist to the parent department before expiry of the sanctioned/extended terms of deputation. Under no circumstances, the deputation period should be extended beyond the initial extended period of deputation of 3 years and up to 5 years respectively.
Yet in some cases, the borrowing departments are continuing the deputationists beyond the initial period /extended period of sanction on one pretext or other which ultimately do not satisfy the rules. The Heads of Departments or the concerned departments of Secretariat are also not initiating any action for their repatriation immediately after their term of deputation is completed.
The Heads of Departments/Departments
of Secretariat should review the cases of deputation/foreign service
periodically before completion of initial period of one year and extended
period of three years or five years as the case may be, and should take prompt action,
for their repatriation on completion of initial extended period of deputation. In this connection, their attention is also
invited to the circular Memo. No. 30233-C/1005/FR-II/80-l, dt. 9-9-1980 of
Finance and Planning (FW-FR-II) Department.
