Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
New Delhi, the 21stAugust, 2002
The Secretaries of all the
Ministries/Departments etc. of
Government of India
Subject:- Revised standard terms and conditions for deputation of All India Services Officers in Public Sector Undertakings etc.
I am directed to refer to this Departments letter No. 29018/3/97-AIS(II) dated 10th August, 1998, issuing terms and conditions for deputation of All India Services officers to public sector undertakings etc. This Department has issued the aforesaid standard terms and conditions for deputation of All India Services officers to public sector undertakings and on other foreign services for regulating various aspects of their deputation in such organizations.
2. A need has been felt to revise the aforesaid standard terms and conditions so as to bring it at par with the standard terms and conditions prevalent for the counter-parts in the Central Civil Services. Accordingly the existing standard terms and conditions for deputation of AIS officers to the organizations mentioned above have been re-examined and a revised set thereof is enclosed. This new set of standard terms and conditions is effective w.e.f. 1st August, 2002. It will also be applicable to the All India Services officers who are presently on deputation, but the benefits of the revised standard terms and conditions will be available w.e.f. 1st August, 2002 only. Cases in which an officer has ceased to be on deputation prior to 1.8.2002 need not be re-opened for purposes of these Rules. Unless specifically made applicable in the order of deputation, these standard terms and conditions will not apply to deputation under Rule 6(2)(ii) of the IAS(Cadre) Rules, 1954 and other respective Cadre Rules of the other All India Services.
STANDARD TERMS AND CONDITIONS FOR ALL INDIA SERVICES OFFICERS PROCEEDING ON DEPUTATION TO CENTRAL PUBLIC SECTOR UNDERTAKINGS ETC. OTHER THAN DEPUTATION UNDER RULE 6(2)(ii) OF IAS CADRE RULES, 1954 AND SIMILAR CADRE RULES OF IPS AND IFS
1. Period of Deputation: From .to ..
(Details as per approval of the competent authority)
2. Pay: During the period of deputation, a member of the service will normally be eligible to draw his grade pay. This grade pay should be pay of the post which he held immediately before proceeding to the deputation post and he was promoted to the post in his cadre in accordance with the rule and Government of India decisions in this regard. The member of the service may opt the pay scale of the post in the borrowing organization instead of his grade pay. He will be given further option in case if there is any change in the substantive notional pay in his parent cadre.
3. Deputation Allowance: A member of the service while on deputation will be eligible to draw deputation allowance wherever admissible in case he has given option to draw his grade pay of the cadre. However, he will not be eligible to draw deputation allowance if he opts for pay of the post of the borrowing organization.
4. Dearness Allowance: If a member of the service has given option to draw his grade pay of the cadre post, alongwith deputation allowance, if any, he will be eligible to draw dearness allowance at the Central Government rates. However, in case the member of the service has opted for pay of the post in the borrowing organization, this allowance would be admissible as per the existing rules of the borrowing organization.
5. City Compensatory Allowance: If a member of the service has opted for his grade pay of the cadre post, the City Compensatory Allowance would be applicable as per the Central Government rules otherwise this will be regulated in accordance with the existing provisions of the borrowing organization.
6. House Rent Allowance: If a member of the service has opted for drawing his grade pay of the cadre he would be required to pay 10% of the pay plus DA/DP and CCA or the prescribed license fee for similar class of accommodation in the Government, whichever is lower. However, if the officer has opted to draw pay scale of the post of the borrowing organization this will be regulated as per existing rules of that organization.
7. Transfer T.A./Joining Time: A member of the service will be entitled to TA and Joining Time both on joining the post on deputation
and on reversion under the rules of the borrowing organization which shall not be inferior to the relevant provisions of the AIS Rules. The expenditure on this account will be borne by the borrowing organization.
8. TA/DA for journey on duty: A member of the service will be paid Traveling Allowance and Daily Allowance by the borrowing organization under its own rule for the journey undertaken by him in connection with the official work under that organization whether in India or abroad, which shall not be inferior to the relevant provisions of the All India Services Rules.
9. Medical facilities: The borrowing organization shall afford to a member of the service medical facilities not inferior to those which are admissible to an All India Service Officer of the same status under Central Government rules on the subject.
10. Leave and Pension: During the period of deputation, a member of the service will continue to be governed by the All India Services(Leave) Rules, 1955 and the All India Services(DCRB) Rules, 1958. The entire expenditure in respect of leave taken during and at the end of deputation shall be borne by the borrowing organization. The member of the service shall not be allowed to join any of the pension schemes of the borrowing organization.
11. Provident Fund: During the period of foreign service, a member of the service will continue to subscribe to the AIS(Provident Fund) Scheme to which he was subscribing at the time of proceeding on foreign service in accordance with the rules of such fund.
12. Conduct, Discipline and Appeal Rules: A member of the service shall continue to be governed by the All India Services(Conduct) Rules, 1968 and All India Services(Discipline and Appeal) Rules, 1969.
13. Leave Travel Concession: The organization shall allow Leave Travel Concession to a member of the service as admissible under its own rules provided these are not inferior to those admissible to him under the AIS(LTC) Rules, 1975. The whole expenditure in this regard shall be met by the borrowing organization. This is, however, subject to the condition that the officer had not already, before proceeding on deputation, availed of the concession during the particular block years period of his deputation.
14. Disability Leave: The borrowing organization will be liable to pay leave emoluments in respect of disability leave, if any, granted to a member of the service on account of any disability incurred in and through foreign service even though such disability manifests itself after termination of foreign service. The relevant AIS rules will be applicable in such cases.
15. Leave Salary/Pension Contributions: The organization will pay to the Government of the parent cadre of the member of the service leave salary and pension contributions at the rates in force from time to time in accordance with the orders issued by the President under F.R. 116. The payment of these contributions must be paid annually within 15 days from the end of each financial year or at the end of foreign service if the deputation expires before the end of a financial year. Delayed payment will attract liability of payment of interest in terms of the instructions contained in the Ministry of Finances Notification No. F.1(1)-E.III/83 dated the 10th August, 1983, as amended from time to time. Pending intimation of the rates of Leave Salary and Pension Contributions by the concerned Accountant General, the organization shall pay Leave Salary and Pension Contributions provisionally at the prescribed rates.
16. Group Insurance: If a member of the service has not opted out of the Central Government Employees Group Insurance Scheme, 1980, before 31.12.1981, the said scheme as appended to the Schedule to the AIS(Group Insurance) Rules, 1981, shall be applicable to him. In that case, an amount of deducted from his salary as per prescribed rates as subscription towards the Insurance Scheme shall be remitted to the concerned Accountant General by the organization. If at any time the recovery of subscription falls in arrears, the same shall be recovered with interest admissible under the Scheme on the accretions to the Saving Fund.
17. Residuary Matters: In all matters relating to conditions of service and benefits/facilities and perquisites in the borrowing organization not covered by Item 1 to 16 above, a member of the service shall be governed by the existing rules, regulations and orders of the borrowing organization.
The above mentioned terms and conditions would be applicable till the member of the service remains on deputation with the borrowing organization. On reversion from deputation, he/she will be governed by the relevant rules laid down for the All India Services Officers.