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, . . CHAPTER - XVI !" ~ .I ' . !

.,. FOREIGN SERVICE )

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'1";" '. ;' GOVERNMENT OF ANDHRA PRADESH i., ABSTRACT !

J\b.., Foreign Service-T~ of Deputatioo of Government Servants deputed on f~eign

.

~ rvice Re-issue of cCX1SO1idatoo standard terms and conditions of deputation.

fJ~i . ; ,

1\1- FINANCE AND PLA1\o'NING (FW. F.R. II) DEPARThIENT :.'.; C'.v.(p).No. 10 Dated: 22-1-1'993,

Read the followmg :.r G.O.Ms.No. 204, Fm. & PIg. (FW. FR. ll) Dept, dt 21-5-1976. I:\: ORDER: .

;'4

~, The terlr'.s of deputatioo to be granted to Government servants deputed to

\.$

: Foreign Service are to t'>C regulated in accCKdance with the provisions of Fundammrl'll

Rules 110 to 126 and Rules 472 to 489 of the, Hyderabad Civil Service Rules. III the

'" G.O. Read aoove consolidated staOOard ten'pS of deputation and the rate of dCf,uta-""

~ tion allowance were laid oown fa general applicability. ;,

2. Later, several instructions, clarifications and amendrnen~ on the subject ~ere

issued It has therefore, 'been felt necessary to put all those instructions/clarifications

etc., at one place and to fe-issue the consolidated standard terms and condit~om.

Acordingly, GovemT:1cnt in supersession of the orders issucd in the G.O. read ac:<JVe,

fe-issue the follow'.18 consolidated tenns&conditions of deputation, f (X general ap"-

plicability in fut1J.I'e cases. :

(i) Pcriod of Deputation: The total period of deputation should not e;x.cccd;five

yean, the period being reckoned from the date of relief from service td the

date on which ~ tak~ charge of a post urw:ier the Government on rever.sion

from foreign service. The period of deputation shall be subject to a maxunum

of five years of which the initial perl<xi of deputation upto 3 years shail be .~i

. sanctioned by the Head of the Department if he is the competent authoritY to t;:'-

ordt% tt'a,nsfers and postings, of his suOOrdinatcs. Otherwise the GovemtPent

in the Administrative Departrna"J.t not ~low the rank of Deputy Secrct~ to

Government shall ~ue orders sanctiooing the deputation to Foreign Sen"ice.

Exten.1ion bc;yorxl the initial pcrioo of 3 years that is for a further period 1:1ptO

2 Jean shall t",,;; lic-cided by the cmcemed Secreta..'-y to Government w:1ere

such extensions is coosidered necessary in public interest. In case where

Government is the authority Competcn1 to «del b'ansfers and posUngs~ the

cum of deputatioo to Foreign Sa"Vite should be sanctioned only by QQvern-

~ - ~~ ~ 1:X)t by tho Head or the Depmment Howe\'er in ~ of <rputation

.,"'"" ~ - . ~-. !

\~ ~ 486 i.,~ ~i ..

. II

of the State Police employees to the Ministry of Railways and to the Centr;al~ . Bureau of Investigation (Special Police Establishment), the period of deputa-

. tion shall re 7 years as already ordered in G.O.~1s.No. 298, Fin & PIg. ~-

II) Department, dt.O2-1-1974. Under no circumstances extensions beyond ~e

above specified period will be considered by Government. I

,

(ii) Pay and Allowances: The Foreign employer shall, during the period pC

deputationlForeign Service, allow the Gove~ment Servant, pay and other

allowances, as mentioned below: ii

BASIC PAY!

The pay and sc:le of pay admissible from time to time to the Government Servant

in the Government Departments just preceeding his joining to duty under the Foreign

employer deputation postALWWANCES ,(1) Dearness Allowance and other Compensatory Allowances i.e., (House Rent Al-

lowance, City compensatory Allowance) admissible at the place of duty on deputa.-tion 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 sllbjecl to the condition that

Foreign employer also wants to enforce the condition thal no Private practice wouidbe pennitted. If private practice is pernlissibl~ no Non private practice allowan<:;e

shall be admissible.

COMPENSATORY ALLOWANCE

(3) Compensatory Allowance in lieu of residential Attendcr at the rate of Rs.2~1- per month (Rupees two hundred only) may be allowed, if the sarnc wa~ heir~g

drawn immediately before deputation. ;

iii) Encashment or Leave: During the period of Foreign Service, tile dcputation~t

may be allowed to encash the leave in accordance with State Go','emrnent

I Rules. The Foreign employer shall inti ally bear the expenditure of suqhencashment of leave and get the expenditure reimbursed from the parept

department. For this purpose the procedure laid down in G.O.Ms.No. ~5

Fmance, dt 31st January, 1976 shall be followed. ..

(iv) Leave Travel Concession: During the period of Foreign Service thedeputationist may be allowed the leave Travel Concession as per the orders

of the State Govcrnment issued from time to time and the liability in respJtI of such expenditure shall be borrl by the foreign employer in full Howeve:r,the leave allowance for the purpose of Leave Travel Concession shall be bOrnby the paren~ department. ,- j

(v) Educational Concession: During the period of Foreign Service, all Non-Gazetted officers may be allowed Educational Concession for their childrein

I in tenns of the orders of State Governmcnt and the liability in this regard shallbe born by the Foreign employer.

'. ,

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,'4. 487 '.1':'"~' ,

~

\vi) Travelling Allowance: The Foreign employer shall aIIow TraveIIing A~-

lowance. a., or transfer under the A.P. Travelling Allowance Rules in respect. of journeys pen"\X'med by the Government Servant for joining the post ir

Foreign Service and on reversion there from in respect of the Journey:s

perfonned during the period of Foreign Service the foreign employer sha,ilallow TravelImg Allowance and Daily Allowance as on tour under the A~.

Travelling Allowance Rules or under the rules of the undertaking/organisationat the option of the employee. :

.

(vii) Joining tlme,and Pay: The Foreign employer shall allow the Govemmer;:t

Servant such jOining time ~ admissible under Fundamental Rules/Hyderabad

Civil Service Rules. as the case may re for joining the post of Foreign Serviceand on reversion there from and shall allow pay during such periods, at tf\erates admissible under Fwldamental Rules;Hyderabad Civil Service Rules.

(viii) Leave During the Peri<Xi of Foreign Service, the Government Servant shall b:eentitled to such leave Rules as per the rules by which he U governed in

Government Service.

(ix) Leave Salary and Pension Contribution: The foreign employer shaII pa:yto Government Leave - Salary and Pensioo Contribution at the followmJrat~. '

1. Rate of Leavc Salary contributiOft 11 % of the pay drawn in foreign Ser-vice if governed by Leave Rules inFund~ta1 Ru1es or old Hyderab8dLeave Rules 1357 Fasli (1947) .

CK ;'

11 % of the pay drawn in Foreig,n

Service if govm1Cd by AP. Leav,eRules, 1933 or Hyderabad reYj.,edLeave Ruri.~-3" 1952 .:

,2. Rate of Pension contrilxltion % of the maximum monthly pay of

the grade held by ~ Governme:x:ttServant in Government Service.

. Note~ The appropriate rate applicable 8(:-

ca'ding JO the Table of the rates tn

Fundamental Rules 116 which lI:e

based on length of Service should ~

specified. .

'The above rates are oo1y lX'ovis!O\,",al subject to revisioo by the Account.1~G'encral/Pay and AccOlmts Officer, Hyderabad. as the case may be. The Forcig.tlemployer should remit to the Accountant Ge~l. Andhra Pradesh. H}-derabad. ~,

lImun~ of the above contributions every month by way of demand draft.,. t.f:M: ~

,e&WY cbargQ fcr which should be born by the F~gn employer. !-

, \

x) DLubllity Leave: The Foreign employer shooJd bear the ch.arges f~ ...

,

,

.;

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r

;

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§-"'c (.488 "": t '. ,. I

leave salary in respect of disability leave, if any, granted to the Govemm~nt.4 Servant on account of any disability incurred in or through the Foreign Ser~

vice even if such disa?ility manifests itself after the temlination of ForeignS . ;, ..crv...e. I

\

xi) Extraordinary Pension or Gratuity: The Foreign emplo)'cr shall bc lia};>leto pay any such Gratuity or Pension that may be admissible under thc CivilServices (Extraordinary Pension Rules) applicable to the Govermncnt Ser-van~ if any injury is sustained or death occurs while on Foreign Servicewhich (i.e.., injury or death) is attributable directly due to or in consequenceof the perfonnance of his duties in foreign service. ;

xii) Compensatory Allowance during leave : Th~ Foreign emf-loyer shall ppyCornpematory Allowances, if any, for the periods of leave taken by the Gqv-ernrncnt Servant in or at the end of Foreign S~rvice. !

xiii) ~1edical Concession: The Foreign employer shall provide the GovcmrncntServ.mt the ~1eJical Concessions and f~cilities on a scale not ir Senor to w1!1Jt .

would have ocen admissible to him in Govenunent service. i

- ,

xiv) Three Month's Deposit: The Foreign employer shall deposit in L1e nearl:;:St

Government Treasury an an1ount equal to three month's pay and al1owanQC5admissible to the Govenunent Servant which will be accounted for a~ 'I

"Revenue Deposil and refunded to the Foreign employer at the termination..oftl1~ Forcign Service of me Governmenl Servant, after satisfying that all cl6lims.

due to m~ Govcmnlcnt and Lhe Govcnuncnl servant by the For~ign cmplo);,cr

have been settled. ;

xv) Arrear Claims: The Foreign employer shall pay arrear claims, if any, ~'13t

may be poinlt:d out by me Goverrunent or the ACcolU1tanl General on accol~nt

of the GovcrnI):lent Servant owing to rcvision of Pay and Allowal1\:cs \\'rt:ilt?

on Foreign Service. ;,

xvi) DeviatIon from the Standard terms: The ter!llS and conditions laid do~above should be ~triclly followed and no cases for dcviation from the ~t6lnd~rdterms may be taken up. ;

xvii) Deputation to Private OrganisatIon: Except, in the case of Priv6lte Corn-p~e'.S in which Go.ve~nt have 20% or more of equity shar:cs or In.dU.Slr

r\CS

which have I spe.claI U'Ilp<:l"Unce to the State and Co-operatlve SOCICtl~! to

which &pulalions W1der normal terms and conditions can be allowed, inodepuution or Government Servants should be pcrnlittcd to any Priv~tCOrgwsation w'h~tl1cr or not such depulation is in pu~lic intcr~t. :Funher. Govcrnmenl ServaI1f seeking employment in any Private Org3l1is.ati4ns

should resign from Government SeI"\':':'c D;.:fore thcy are permitted to acC'-~~'l empt<;y-

m.:.Ill in the private organisations. To this effc:,c~ orders were a1r~dy issued in GQV- I,emment Memo. No. 025363n22/FR-IIn2-1, dL 27.10.73. . ~

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xvw) ener : l ~. .~

a) DeputaliODSts arc not pc.rmitted to accept any perquisit~, allowanccs or P,Y-. !; :.~

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":;r'~!J ment in any form in addition to or in m<Xlification of the tern1S indicated i1"' ,J , .

"';'::':" . 'the' original order of deputation without specific prior approval of Govem-

:'c'~"'; menl The borrowing authority should obtain tbc concurrence of the Govern-

ment refore 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 concem~i

will be liable to refund the same as already ordered in G.O.Ms.No. 112, Fm." and Pig. (FW. FR-II) Departmen~ dL 16-4-1974.

b~'" Foreign service including service on deputa~on does not COunl for probati011

, . in the parent deparunent and therefore the: probationa- lent on deputati011

. suffas from the fact that, even though he puts in considerable period oC

~rvice under foreign service organisation hi.1 interest in the parent depart-ment carmot be safeguarded by declaration of his probation unless rules arcrelaxed h1 view of ~ diffifUlty, instructipns were issued in Government

circular Memo:No. 47447-G/I9511FR-IIn6-1. dt. 12-10-76, to the effect that

cJ"',,, only approved probationers need be sent on deputalion/foreign service..

:~;

c):: Th~ maxiIhqrn period of deputation of I Government servant is upto S Year!.

But although there are specific orden to this effect, it u very often noticed

that in practice the Departments/QrganisatioDS 10 which a Govenunent ser.

vant is deputed initially for a period of one year, such deputation t. beingextended upto three years under the existing powers to the Hew of ~

Departmenr." and they are also being continued even reyond three yean

without any specific order from Govcrnmen~ who are competent to considc'such cases. Although Hew., of Departments are not empowered for such ar;

action, the Government servanr., are allowed to continue on deputatioD/For.,

eign service for period beyond S years also without prior approval or specific:

orders of GoVerrllllent. This is quite irregular.

~:~~~; Wit.lo~ a view' to ensure promptitud~ in cases of deputation/foreign service oj'

RICh c,...<:i:--S, the competent authorities art' ;:-equested to ensure that 00 Government

~rvant shall be relieved without specific sanction issued by Heads of Departmentsl

Jovernment as case may be. In regard to the cases of sanction of extension of

~utation/foreign service, tbe borrowing department/foreign employer should neces..;

Iarily initiate propos~ at least two months prior to the date of expiry of the depu.

ation peri~ fail~g which the lending department shall issue orders well in advaoce

:or repatriation of the deputationist to tl1C parent department before expiry of the

IInclifmc<1lextended tenn of deputation. Unt.lcr no CircumstancC3, the deputation period

Ihould be extended beyond the initial extended period of deputatioo of 3 years andapto .5 years respectively.

Yet in some cases, the borrowing departments are continuing the deputationisl1

»eyond the initial period/extended period of sanction ~ one pretext or ot1w:r which

ilbmatcly 00 not satisfy ~ roles. The Head.1 of Dep~ts or the concerned

kpartmen'~ of Secretariat arc ~ oot initiating any actioo for their repa1riatioQ\

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.~ ~/Departrnents of S~retariat. should r~Yiew,,~~~cs'.~

[I'I!, ',. . ce periodically before comp letio? of ini tia,l per,i~'.;p[ one'~~tr apd extcndcd pcnod of thr;de years or five years as the case may be, a~Q shoulc

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l~~: ~f~mpt ,acti~n for thei~ rcn~tri.ation1?~ co~plctio~ 0: initial cxtc~ded periOd of i5

cp~ta.l!On. IJh this connection, rthcir attention is also Invited to the cIrcular Mcmo. ..;

ro~ 302_~~/lOO5/FR-II/80-I, dt. 9-9-1980 of Finance and Planning (FW-FR-Il)

)cpartrnent '~ 1;' ~ '1'1'" "' ('1'" "',. 'q 11 'f\iO ""

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