Foreign Service and Deputation out of India

CHAPTER VI

DEPUTATION OUT OF INDIA

6.1 The deputation of a Government employee out of India shall be sanctioned by the Administrative Department concerned for the initial period of deputation which may be extended upto five years and in a rare case of special nature, if the exigencies so require in public interest, such period may be extended beyond five years by the Administrative Department concerned with the prior concurrence of the Department of Personnel and Administrative Reforms, in accordance with the terms and conditions laid down in the Annexure to this chapter.

6.2 (1) When a Government employee 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 Competent Authority 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 Government employee, who is placed on deputation while already on leave out of India on earned leave may be required by the competent authority 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 passage from and to India shall be borne by him.

Note.–The portion of the pay which a Government employee may be permitted to draw in foreign currency while on deputation abroad will be determined in accordance with the orders issued by the competent authority in this regard from time to time.

(2) A Government employee on deputation in a foreign country may also be granted a compensatory allowance of such amount as the competent authority 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 Union Government may by order prescribe.

(4) Omitted.

Note 1.–A competent authority may depute a subordinate police employee to any country outside India to accompany on take charge of criminals or lunatics, or any other business which is part of his duty as a police officer, and may grant to the officer so deputed–

(a) full pay, for the entire period of absence from India, with;

(b) actual travelling expenses, and a subsistence allowance not exceeding the following scale, while in any country outside India: –

For Government employees of the Inspector class 22 6 a day (including Sub-Inspector)

For Government employees of the Sergeant class

For Government employees of the Constables and 15 0 a day Assistant Sub-Inspectors Classes.

Pakistan for the purposes of this note is treated as in India.

Note 2.–The High Commissioner may be authorised to act on the decision taken under proviso to sub-rule (1). The periods of deputation, thus, converted into leave will count for pensions as leave and not as deputation.

Note 3.–The period of deputation runs from the date on which the Government employee makes over charge of his office in India to the date on which he resumes it, or, if the Government employee is on leave out of India at the time he is placed on deputation the period of the deputation is the time actually occupied by the duty.

Note 4.–The term “pay” in the expression „pay which he would have drawn had he remained on duty in India‟ occurring in this rule, should be interpreted literally with reference to the definition in rule 2.44 and the pay which a Government employee 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 Government employees pay would have been if he were on duty in India. It will, therefore, be necessary for Accountant General to intimate to the High Commissioner in each case after consultation with Government, the pay which a Government employee would have drawn if on duty in India.

As overseas pay is included in “pay” and as a Government employee would draw overseas pay under rule 6.2 (1) (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 that rule.

In the case of Government employees who are not deputed out of India for special items of works but are placed on continuous service with Commissions and Committees whose functions require work, both in and out of India, the expression 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.

Note 5.– In the case of a Government employee proceeding on deputation the grant of return passage to India is conditional on his return to duty forthwith on the conclusion of the deputation unless an arrangement to the contrary effect is specially permitted at the time the deputation closes or is about to close, and the proposed leave is begun.

Note 6. Omitted

Note 7.–For terms to be granted to Government employees sent on training abroad under the various training schemes see Appendix 20-A to Part II of this Volume.

6.3 When a Government employee is with proper sanction deputed for duty out of India to hold a regular constituted permanent or quasi permanent post, other than a post borne on the cadre of the service to which he belongs, his pay shall be regulated by the orders of the competent authority.

ANNEXURE

(Referred to in rule 6.1)

Standard terms and conditions of foreign service in respect of employees of the Punjab Government deputed to foreign countries

Period of deputation.–The period of deputation shall be for year (s) in the first instance from the date the Government employee joins the assignment. But the period of foreign assignment may be extended or reduced according to the requirements of the foreign employer or the State Government.
Pay, Allowances and other perks.–The Government employee shall be entitled to pay, allowances and other perks fixed by the borrowing Government and approved by the Government of India in consultation with the State Government.
Leave salary and pension contributions.–The leave salary and pension contributions shall be paid either by the foreign employer or by the employee concerned in accordance with the provisions of rule 10.9 of the Punjab Civil Services Rules, Volume I, Part I. In case of default, interest shall be recoverable as per the provisions of rule 10.10 of the said rules.
General Provident Fund and Group Insurance Scheme.–The Government employee shall continue to be governed by the rules of the State Government as amended from time to time and shall ensure monthly subscription towards General Provident Fund and Group Insurance Scheme.
Loans and Advances.–The Government employee shall ensure that monthly installments on account of recovery of loans and advances outstanding against him are paid regularly and he shall furnish a surety bond for payment of such dues on a non- judicial stamp paper worth Rs. 15/- or as may be required under the rules.
Disability.–The payment of leave salary in respect of disability incurred in or through the foreign service even though the disability manifests itself after the termination of foreign service, shall be paid by the foreign employer.
Medical facilities.–The Government employee shall be entitled to such medical facilities as are not inferior to those which he would have enjoyed under the State Government rules and instructions as amended from time to time, if he had been employed in the service of State Government.
Travel.–The cost of travel from the place of posting of the employee to the place of posting in the foreign country shall be borne either by the foreign employer or by the employee concerned as is settled at the time of proceeding on deputation.
Joining time pay and travelling allowance, etc.–Joining time pay and travelling allowance (both ways) shall be borne by the foreign employer.
Foreign Exchange.–The Government employee shall himself arrange for foreign exchange.

11.Extension in the period of deputation.–In case the foreign Government requires the services of the Government employee beyond the specified period of contract, he shall intimate this fact to the Government of India (Ministry of External Affairs) as soon as it comes to his notice and shall also request his foreign employer to take up the matter with the Government of India‟s representative in that country.

Acceptance of Resignation.–The resignation of a Government employee shall not be accepted while he is abroad, under any circumstances.
Non-indulgence in activities prejudicial to the interest of India.–While on deputation abroad, the Government employee shall not take part in any activity which may prove prejudicial to the interest of India or his State of domicile.
Conduct Rules.–The Government employee shall continue to be governed by the Punjab Government Employees (Conduct) Rules, 1966 as amended from time to time.
Intimation of Address.–After joining foreign assignment, the Government employee shall communicate his office address to his parent Department as well as to the High Commissioner of India in that country, for future correspondence.

Residual matters.–The matters not specifically covered here and other unclassified matters will be governed by the provisions of Chapter X of Punjab Civil Services Rules, Volume I, Part I and the instructions issued by the State Government from time to time