IREC Rule No.1339: (FR-51) Pay during deputation out of India
- (FR-51) Pay during deputation out of India:-
(1) when a railway servant is, with proper sanction, temporarily deputed for duty out of India either in connection with the post held by him in India or in connection with any special duty on which he may temporarily be placed, he may be allowed by the President to draw during the period of deputation the same pay which he would have drawn had he remained on duty in India.
Provided that a railway servant, who is placed on deputation while already on leave, out of India on average pay, may be required by the President to continue to be on leave, in which case he shall be given during that period, in addition to his leave salary, an honorarium of one-sixth of the pay which he would have drawn had he remained on duty in India; the cost of passages from and to India shall be borne by him.
Note:
(1) The portion of the pay which a railway servant may be permitted to draw in foreign currency while on deputation abroad will be determined in accordance with the orders issued by the President in this regard from time to time.
(2) A railway servant on deputation may also be granted a compensatory allowance in a foreign country of such amount as the President may think fit.
(3) The foreign exchange equivalent of the pay, honorarium or compensatory allowance admissible under sub-rule (1) or sub-rule (2) shall be calculated at such rate of exchange as the President may by order prescribe.
Government Of India’s Orders:
(1) Honorarium For Duty During Leave: Officers on leave, who are unwilling to undertake special duty on deputation rates of pay may be allowed to continue to consume leave and receive an honorarium fixed at one-sixth of Indian pay.
[Authority: Government Of India, Finance Department No.994-CSR, 09.05.1924]
(2) Option To Convert Deputation Into Leave: Officers on deputation out of India when placed on deputation while on leave out of India on average pay may, convert deputation into leave on average pay plus an honorarium of one-sixth of Indian pay, on the condition that in both cases the cost of passages both from and to India is borne by the officer.
Periods of deputation converted into leave should count for pension as leave and not as deputation.
[Indian Office No.F.4012-25, 14.09.1925, received with Government Of India, Finance Department No.F.120-CSR-25, 04 & 19.11.1925]
(3) Interpretation: The terms of FR-50 (1338) must be interpreted as applying to cases where officers exercise the option of consuming leave and drawing an honorarium of one-sixth pay during a period of duty out of India, i.e. this option can only be exercised by a Government servant whose deputation out of India has been approved by the proper authority.
[Authority: Government Of India, Finance Department No.F/101-CSR-26, 30.07.1926]
(4) Attending conferences: In the case of officers who, while on leave in the United Kingdom, attend conferences or congresses there or on the continent the following uniform system should be adopted;
(i) Officers who are nominated as official representatives of the Government of India will be placed on deputation for the period involved and will receive the usual traveling expenses and subsistence allowance.
(ii) Officers who are not so nominated will not be placed on deputation but if it is thought desirable that they should attend as visitors they may be offered traveling expenses and subsistence allowance as an inducement for them to do so. Further though the officer may not be an official representative, the India office will be prepared to render him such service as recommending him as a visitor, to the Congress Authorities.
[Authority: India Office S. of S.s Despatch No.5 Overseas, 20.12.1928 received with Government Of India, Finance Department Endorsement No.F-4-II-RI/29, 09.02.1929]
(5) Officers On Short Term Contracts: In connection with the deputation pay of officers on short term contracts when called upon to undertake duty outside India, it has been decided to include in the model terms of agreement in use by the office of the high Commissioner for India for short term appointments under the Government of India, a clause providing specifically that deputation out of India shall be governed by the ordinary service rules.
[Authority: Government Of India, Finance Department No.F.4(28)-RI/31, 14.07.1932]
Government Of India’s Decisions:
- Pay in FR-51 (1339): The term ‘Pay’ in the expression, the pay which he would have drawn if he had remained on duty in India occurring in this rule, should be interpreted literally with reference to the definition in FR-9(21) (Rule 1303) and the pay which an officer would have drawn if he were on duty in India should be determined for the purpose of this rule, with reference to what the competent authorities in India state the Officer’s pay would have been if he were on duty in India. It will, therefore, be necessary for the Account Officer to intimate to the High Commissioner in each case after consultation with Government, the pay which an officer would have drawn if on duty in India.
In the case of Government servants who are not deputed out of India for special items of work but are placed on continuous service with commissions and committees whose functions require work both in and out of India, the expression ‘the pay which he would have drawn if he had remained on duty in India’ occurring in this rule as well as the expression ‘the pay which the Government servant would have drawn if on duty in India’ occurring in proviso (a) FR-9(2) (Rule 1303) should be interpreted as having reference to the pay which they would have drawn in India had they continued on duty with the commission or committee there.
[Authority: Government Of India, Finance Department No.F/47-RI/28, 29.05.1928 and No.F.4-II/RI/30, 27.07.1931]
(2) Overseas Pay To Be Taken Into Account: As overseas pay is included in ‘pay’ and as an officer would draw overseas pay under FR-5(1) (1339), (if entitled to it) had he remained on duty in India, it should be taken into account for the purposes of calculation of the deputation pay under the revised FR-51.
[Authority: Government of India, Finance Department No.F.90(10)-RI/33, 10.10.1933]
Audit Instruction:
Period of Deputation: The period of the deputation runs from the date on which the Government servant makes over charge of his office in India to the date on which he resumes it or if the Government servant is on leave out of India at the time he is place on deputation, the period of the deputation is the time actually occupied by the duty.