Deputations and Important Definitions

1. Compensatory Allowance: - An allowance granted to meet personal expenditure necessitated by the special circumstances in which duty is performed. It includes a travelling allowance, but does not include a sumptuary allowance or the grant of free passage by sea to or from any place outside India.

Note: - Sumptuary allowance: - The Chief Justice and each of the other Judges of every High Court shall be entitled to a allowance of fifteen thousand rupees per month and twelve thousand rupees per month respectively. Exemption from liability to pay income-tax on certain perquisites received by a Judge.

2. Duty: -

(a) Duty Includes: –

(i) Service as a probationer or apprentice provided that such service is followed by confirmation; and

(ii) Joining Time.

(b) A Government servant may be treated as on duty: -

(i) During a course of instruction or training in India, or

(ii) In the case of a student, stipendiary or otherwise, who is entitled to be appointed to the service of Government on passing through a course of training at university, College or School in India, during the interval between the satisfactory completion of the course and his assumption of duties?

Government of India’s Orders

(1) Attending departmental Examinations: -(i) Obligatory Examinations –(ii) Open Competitions Examinations – (iii) Hindi Examinations –

(2) Reservist on drill duty (3) Civil Guard training / duty(4) Training in territorial Army(5) Interpretation of the expression ‘ a course of instruction or training in India’(6) Conditions for treating training as duty: - the period of training should not be more

than one year (7) Refresher Training of Section Officers(8) Reservist Training(9) Training at National Defence College(10) Treatment of enforced halts as duty(11) Period involving verification and inspection of stores in the case of Engineer

Officers(12) Training of Mail Motor staff in major Mail Motor Units

(13) Training of Mail Motor staff in private auto manufacturing firms(14) Charged report necessary when deputed for training in India(15) Treatment of training period as duty and filling up of vacancies caused by

deputation of officers to training programmes: - Vacancies exceeding 45 days caused by the deputation of officers to the training programmes referred to in the proceeding referred to in the preceding paragraph may be filled in by the Ministry, etc., in the normal manner. Vacancies of shorter duration of 45 days or less should not be filled.

(16) Period of training before appointment to be treated as ‘duty’ for eligible to sit for departmental examination

(17) Period of training before appointment to be treated as ‘duty’ for increments(18) Period of training before appointment to Groups ‘C’ and ‘D’ post counts as

qualifying service for pension(19) Period of participation in National/International Sports events and pre-

participation coaching camps treated as duty(20) Period of waiting on joining from leave for posting orders to be treated as duty

(6-A) Fee means a recurring or non-recurring payment to a Government servant from a source other than the Consolidated Fund of India, or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory whether made directly to the Government servant or indirectly through the intermediary of Government.

(7) Foreign Service means service in which a Government servant receives his pay with the sanction of Government from any source other than the Consolidated Fund of India, or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory.

(8) Honorarium means a recurring or non-recurring payment granted to a Government servant from the Consolidated Fund of India, or the Consolidated Fund of a State or the Consolidated Fund of a Union Territory as remuneration for special work of an occasional or intermittent character.

(9) Joining Time means the time allowed to a Government servant in which to join a new post or to travel to or from a station to which he is posted

(10) Leave Salary means the monthly amount paid by Government to a Government servant on leave.

(11) Lien means the title of a Government servant to hold on regular basis, either immediately of on the termination of a period or periods of absence, a post, including a tenure post, to which he has been appointed on regular basis and on which he is not on probation

(12) Overseas Pay means pay granted to a Government servant in consideration of the fact that he is serving in a country other than the country of his domicile.

Government of India’s Orders

(1)

(2) NPA attached to medical posts other than posts included in the Central Health Services (attached to Veterinary Posts): the NPA may be continue t be paid at the existing rate of 25 % of Basic Pay subject to the condition that the Basic Pay + NPA does not exceed Rs 85, 000.

(3) The NPA will be treated as pay for the purpose of computing Dearness Allowances, entitlement of Travelling Allowance and other allowances as well as for calculation of retirement benefits.

(13) Permanent Post means a post carrying a definite rate of pay sanctioned without limit of time.

(14) Personal Pay means additional pay granted to a Government servant –

(a) To save him from a loss of substantive pay in respective of a permanent post other than a tenure post due to a revision of pay or to any reduction of such substantive pay otherwise tan as a disciplinary measure; or

(b) In exceptional circumstances, on other personal considerations.

(15) Presumptive pay of a post when used with reference to any particular Government servant, means the pay to which he would be entitled if he held the post substantively and were performing its duties; but t does not include special pay unless the Government servant performs or discharges the work or responsibility, in consideration of which the special pay was sanctioned.

(16) Special pay means an addition, of the nature of pay, to the emoluments of a post or of a Government servant, granted in consideration of -

(17) Subsistence grant means a monthly grant made to a Government servant who is not in receipt of pay or leave salary.

(18) Substantive pay means the pay other than the special pay, personal pay or emoluments classed as pay by the President under Rule 9 (21) (a) (iii), to which a Government servant is entitled on the account of a post to which he has been appointed substantively or by reason of his substantive position in a cadre.

(19) Temporary Post means a post carrying a definite rate of pay sanctioned for a limited time.

(20) Tenure post means a permanent post which an individual Government servant may not hold for more than a limited period.

(21) Travelling Allowance means an allowance granted to a Government servant to cover the expenses which he incurs in travelling in the interests of the public service. It includes allowances granted for the maintenance of conveyance, hourse and tents.

Deputation out of India

Rule 51

Guidelines for Deputation / Foreign Service of Central Government Officers

Tenure to be applicable:

US level - 3 years

DS level - 4 years

Dir. level - 5 years

JS level - 5 years

JS / AS level - 7 years

AS level - 4 years

Secy. level - No ceiling

Terms and Conditions for Foreign Service 1. The general principle of public interest shall be the overriding factor in deciding Foreign Service under this rule. The competent authority shall also see whether there is any enrichment of the experience of the officer by such deputation.

2. Officers who are on foreign service would run the disqualification of not being considered for empanelment under the Central Staffing Scheme during the currency of their foreign service and also till they earn ACRs on return to their cadre

3. FCRA clearance shall be required for Foreign Service to an organization receiving foreign donations.

4. All such cases of Foreign Service shall be considered only with the consent of the officer concerned and the approval of the cadre controlling authority. .

5. The Foreign Service will not be considered, under any circumstances, as a mandatory posting.

6. A Central Government Officer shall be eligible for Foreign Service only after he has completed 9 years of service.

7. A Central Government Officer shall be eligible for Foreign Service only if he is clear from vigilance angle.

8. For Foreign Service, the officer should not have dealt with the borrowing organization in the last five years.

9. An officer shall not be allowed to proceed on Foreign Service to organizations in which he or any of his blood relations is connected with the setting up/management of the organization.

10. The maximum limit of 5 years in one stretch and 7 years in the entire career for Foreign Service to organizations.

11. The entire expenditure in respect of pension contribution and leave salary for the period of Foreign Service shall be borne by the borrowing organization or by the officer himself.

12. Travelling Allowance: - The travelling allowance of a government servant both in respect of the journey on transfer to Foreign Service and the journey on reversion there from to Government servant will be borne by the foreign Employer.

13. Leave — an officer on deputation Foreign Service shall be regulated by the Leave Rules of the parent organization. If however an employee proceeds from vacation department to non-vacation department, or vice-versa, he shall be governed by Leave Rules of the borrowing organization.

14. Deputation should be restricted to officers below 56 years of age.

***

Extra Information Related to Deputation/Foreign Service

7. Admissibility of a allowances & benefits while on deputation/Foreign Service

7.1 Any project allowance admissible in a project area in the borrowing organization may be drawn in addition to deputation (duty) allowance.

7.4 Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service if he/she opts to draw pay in the parent cadre scale/grade pay plus deputation (duty) allowance. No deputation (duty) allowance on this personal pay will however, be admissible.

(b) Following allowances will be regulated with mutual consent of the lending and borrowing organization:

(i) HRA/Transport Allowance (ii) Joining time and Joining Time Pay. (iii) Travelling Allowances and Transfer T.A. (iv) Children Education Allowance.

Deputation (duty) Allowance

The deputation (duty) allowance admissible shall be at the following rates:

(a) In case of deputation within the same station, the allowance will be paid at the rate of 5% of basic pay subject to a maximum of Rs.2000 p.m.; and

(b) In other cases, Deputation (Duty) Allowance will be payable at the rate of 10% of the employee's basic pay subject to a maximum of Rs.4000/- p.m.

As per 7th CPC

It is recommended that the ceilings should be raised by a factor of 2.25 to Rs 4, 500 per month for deputation within the same station, and to Rs 9, 000 per month for deputation involving change of station. The ceilings will further rise by 25 percent each time DA increases by 50 percent. No other changes are recommended.

No. 2/6/2016-Estt.(Pay-II)Government of India

Ministry of Personnel, Public Grievances and PensionsDepartment of Personnel and Training

North Block, New DelhiDated: 23rd February 2017

OFFICE MEMORANDUMSubject: Admissibility of Deputation (Duty) Allowance while on deputation - regarding.

The undersigned is directed to refer to this Department's O.M. of even number dated 17th February 2016 vide which powers were delegated to Ministries / Departments / borrowing organizations to extend deputation tenures up to a period not exceeding 7 years at a stretch, in respect of cases covered by the O.M. dated 17th June 2010.

2. The matter regarding the admissibility of Deputation (Duty) Allowance in view of the change in maximum number of years of deputation tenure as provided above has been examined in this Department.

3. As per Para 8.3.2 of the OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010, where the extension is granted up to the fifth year, the official concerned will continue to be allowed Deputation (Duty) Allowance, if he/she has opted to draw deputation (duty) allowance.

4. This Department's O.M. No. 2/6/2016-Estt.(Pay-II) dated 17th February 2016 delegates powers to Ministries / Departments / borrowing organizations, to extend deputation tenures up to a period of 7 years in a stretch, in respect of cases covered by the O.M. dated 17th June 2010. However, there has been no modification of the Para 8.3.2. of the O.M. dated 17th June 2010 by the O.M. dated 17th February 2016. The new O.M. dated 17th February 2016 provides vide Para 4 that all other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010 will remain unchanged.

5. Thus, admissibility of Deputation (Duty) Allowance would be only as per Para 8.3.2 of the O.M. dated 17th June 2010, i.e. only up to the fifth year, if the deputationist has opted to draw Deputation (Duty) Allowance.

No. 2/6/2016-Estt.(Pay-II)

Dated 22nd April, 2016 OFFICE MEMORANDUM

Subject: Delegation of powers to Ministries / Departments / Borrowing Organizations to extend deputation tenure up to 7 years in cases of Deputations covered by OM dated 17th June 2010 - regarding.

The undersigned is directed to refer to this Department's OM of even number dated 17th February 2016 on the subject mentioned above, and to say that the Comptroller and Auditor General of India has concurred in the applicability of the delegation of powers issued vide the said order, to persons serving in the Indian Audit and Accounts Department, for their deputation outside that Department.

No. 2/6/2016-Estt.(Pay-II)

Dated: 17th Feb, 2016 OFFICE MEMORANDUM

Subject: Delegation of powers to Ministries / Departments/Borrowing Organizations to extend deputation tenure upto 7 years in cases of Deputations covered by DoP&T's OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010 - regarding.

This Department's OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010 regulates Pay, Deputation (Duty) Allowance, Tenure of Deputation / Foreign Service and other terms and conditions on the subject of deputation / foreign service of Central Government employees to ex-cadre posts under the Central Government, State Governments, Public Sector Undertakings, Autonomous Bodies, Universities/ Union Territories Administration, Local Bodies etc. and vice-versa (copy enclosed). Subject to its applicability as provided in para 2 of the OM, these instructions cover cases of deputation/ foreign service where Central Government is either lending authority or borrowing authority or both. It provides for duration of maximum Deputation Tenure as 5 years at a stretch. As per para 8.3.1 (iii) of this OM, no further extension beyond the fifth year shall be considered.

2. Various administrative Ministries/ Departments/ Borrowing Organizations have been approaching this Department for relaxation of the 5 year deputation tenure condition, on case to case basis, citing exigencies, quoting provisions of para 10 of the OM dated 17.6.2010 ibid.

3. It has been decided that if the administrative Ministries / Departments and other borrowing organizations wish to retain an officer beyond 5 years, they may extend tenure of deputation covered by OM No. 6/8/2009-Estt.(Pay-II) dated 17th June 2010, where absolutely necessary in public interest, upto a period not exceeding 7 years at a stretch. This shall be done with the approval of the Minister of the borrowing Ministry / Department concerned and in respect of other organizations with the approval of the Minister of the borrowing Ministry/Department with which they are administratively concerned, keeping in view the exigencies and subject to fulfillment of all other requirements such as willingness and vigilance clearance of the Officer concerned, NOC of the lending authority, UPSC / ACC approval wherever applicable. Thus, no case of extension shall be referred to Department of Personnel & Training, New Delhi.

4. All other terms and conditions issued vide OM No. 6/8/2009-Estt.(Pay- II) dated 17th June 2010 will remain unchanged.

5. In cases where the necessity to have deputation tenures longer than seven years is felt, the concerned administrative Ministries / Departments/ borrowing organizations may amend the relevant Recruitment Rules of such deputation post accordingly, after following the requisite procedure. No extension of deputation beyond 7 years is to be allowed unless provided in the relevant Recruitment Rules of such deputation post. It is reiterated that no case for extension beyond five years shall be referred to DoPT.

6. It is also clarified that cases which are not covered by the OM dated 17.6.2010 including those where Central Government is neither lending authority nor borrowing authority, will continue to be decided in terms of the relevant provisions/ rules/ instructions etc. governing them.

7. These orders shall come into effect from the date of issue of this OM.

No. 6/8/2009-Estt.(Pay-II)

Dated: 17th June, 2010 OFFICE MEMORANDUM

Subject: Transfer on deputation/Foreign Service of Central Government Employees to ex- cadre posts under the Central Government/ State Governments / Public Sector Undertakings / Autonomous Bodies, Universities / UT Administration, Local Bodies etc. and vice—versa — Regulation of pay, Deputation (duty) Allowance, tenure of deputation/ foreign service and other terms and conditions — regarding.

The undersigned is directed to refer to this Department's O.M. No.2/29/91-Estt. (Pay II) dated 5th January, 1994 as amended/revised from time to time. A need has been felt to consolidate all these orders in one place and accordingly, it has been decided, in consultation with Department of Expenditure, to bring out a self contained O.M. in supersession of OM dated 5.1.94 and subsequent amendments on the subject, incorporating the provisions of earlier orders with suitable modifications, wherever necessary.

2. Application

2.1 These orders will apply to all Central Government employees, who are regularly appointed on deputation/Foreign Service in accordance with Recruitment Rules of the ex- cadre posts, under the same or some other Departments of Central Government or under the State Governments! Union Territories Administration! Local Bodies or under Central/ State PSUs/Autonomous Bodies etc. set up or controlled by Central/State Governments provided the foreign service under such PSUs / autonomous bodies has been permitted in relaxation of appointment on immediate absorption basis. These orders will also cover the cases of regular appointment on deputation/Foreign Service of employees of State Government / local bodies etc. as well as PSUs /Autonomous Bodies of Central/State Governments as per recruitment rules in the Central Government.

2.2 However, the following cases shall not be covered under these orders for whom separate orders exist:-

(a) Members of the All India Services and those deputed to posts, whose terms are regulated under specific statutory rules or orders;

(b) Officers appointed on deputation to posts under the Central Staffing Scheme (CSS) for whom separate orders as issued from time to time will continue to apply;

(c) Deputation to posts operated outside India;

(d) Appointments of a specific category of employees to a specified class of posts, such as appointments made in the Personal Staff of Ministers etc., in respect of which special orders are already in existence. However, the terms and conditions set out in

this O.M. will apply to those cases to the extent these are not specifically covered under such special orders.

(e) Appointments of the nature of deemed deputation or transfers to ex-cadre posts made in exigencies of service with the specific condition that no deputation (duty) allowance will be admissible — e.g. (i) interim arrangements in the event of conversion of a Government office/organization or a portion thereof into a PSU/ autonomous body or vice-versa; and (ii) appointments to the same post in another cadre.

3. Scope of Term 'deputation/ foreign service' — Restrictions on treating an appointment as on deputation/ Foreign Service.

3.1 The terms deputation/Foreign Service will cover only those appointments that are made by transfer on a temporary basis provided the transfer is outside the normal field of deployment and is in public interest. The question whether the transfer is outside the normal field of deployment or not will be decided by the authority which controls the service or post from which the employee is transferred.

3.2 The following types of appointments will not be treated as deputation/Foreign Service for the purposes of these orders:

(a) Appointment of serving employees made either by promotion or by direct recruitment from amongst open market candidates whether on permanent or temporary basis.

(b) Permanent appointment made by transfer.

(c) Temporary appointment made on the basis of personal requests of employees.

(d) Arrangements necessitated by staff imbalances arising on re-organisation of offices on the same or different stations, subject to the specific condition that no deputation (duty) allowance will be admissible in such cases.

3.3 A person in a higher Grade Pay/scale of pay shall not be appointed on deputation to a post in lower Grade Pay/scale of pay if the deputation is from Central Government to Central Government and also in cases where the scale of pay and dearness allowance in the parent cadre post and ex-cadre post are similar.

3.4 However, no appointment on deputation/foreign service shall be made from/to Central Government/ an organization where the pay scale and DA in the parent cadre post and ex-cadre post are dissimilar, if the basic pay in the parent cadre increased by one increment plus dearness allowance(s) including interim relief if any, admissible to a person in the parent cadre post exceeds the basic pay plus dearness allowance (s)

including interim relief, if any, at the maximum of the pay scale of the ex-cadre post. In the revised pay structure, the maximum of the scale would mean the sum of the Grade Pay of the ex-cadre post and maximum of the Pay Band PB 4 i.e. Rs. 67000. For example, if the ex-cadre post is in the Grade Pay of Rs. 4200, then the maximum would be Rs. 71200 i.e. Rs. 4200 plus Rs. 67000 (maximum of PB 4).

4. Exercise of option

4.1 An employee appointed on deputation/foreign service, may elect to draw either the pay in the scale of pay of deputation/foreign service post or his/her basic pay in the parent cadre plus deputation (duty) allowance thereon plus personal pay, if any. However, in case of Government employees on deputation/ foreign service to CPSEs, this option will not be allowed and their pay will be governed in terms of the orders issued by Department of Public Enterprises vide OM dated 26.11.2008 and clarifications issued thereafter.

4.2 The borrowing authority shall obtain the option of the employee within one month from the date of joining the ex-cadre post unless the employee has himself furnished the option.

4.3 The option once exercised shall be final.

4.4 However, the employee may revise the option under the following circumstances which will be effective from the date of occurrence of the same:

(a) When he/she receives proforma promotion or is appointed to non-functional selection grade or up-gradation of scale in the parent cadre;

(b) When he/she is reverted to a lower grade in the parent cadre;

(c) When the scale of pay of the parent post on the basis of which his emoluments are regulated during deputation/Foreign Service or of the ex-cadre post held by the employee on deputation/Foreign Service is revised either prospectively or from a retrospective date.

(d) Based on the revised/same option of the employee, in the event of proforma promotion/appointment to non-functional Selection Grade/revision/upgradation of scales of pay in the parent cadre, his/her pay will be re-fixed with reference to the revised entitlement of pay in the parent cadre. However, if the initial option was for the pay scale of the deputation post and no change in option already exercised is envisaged, the pay already drawn in deputation post will be protected if the pay re-fixed is less.

Note: Revision in the rates of DA, HRA or any other allowance either in the parent or borrowing organization shall not be an occasion for revision of the earlier option.

4.5. If the pay of an employee in his cadre post undergoes downward revision, the pay in the ex-cadre post is also liable to be re-fixed on the basis of revised pay and in accordance with the revised option or existing option if the employee does not revise his option.

5. Pay fixation

5.1 When an employee on deputation/Foreign Service elects to draw pay in the scale of pay attached to the ex-cadre post, his/ her pay may be fixed as under:

(i) Deputation from Central Government to Central Government and that attached to ex-cadre post are based on the same index level and the DA pattern is also same, the pay may be fixed as under (i) above.

(b) If the appointment is made to a post whose pay structure and/ or DA pattern is dissimilar to that in the parent organization, pay may be fixed by adding one increment to the pay in the parent cadre post in the scale of his regular parent post ( and if he/she was drawing pay at the maximum of the scale, by the increment last drawn) and equating the pay so raised plus dearness allowance (and additional or ad-hoc dearness allowance, Interim relief etc., if any) with emoluments comprising of pay plus DA, ADA, Interim relief etc., if any, admissible, in the borrowing organization and the pay may be fixed at the stage in the pay scale of the ex-cadre post at which total emoluments admissible in the ex-cadre post as above equal the emoluments drawn in the cadre.

5.2 In cases of appointment from one ex-cadre post to another ex-cadre post where the employee opts to draw pay in the scale of the ex-cadre post, the pay in the second or subsequent ex-cadre post should be fixed under the normal rules with reference to the pay in the cadre post only. However, in respect of appointments to ex-cadre posts carrying Grade Pay identical to that of the ex-cadre post(s) held on an earlier occasion(s), it may be ensured that the pay drawn in subsequent appointment should not be less than the pay drawn earlier.

5.3 In cases of appointments to a second or subsequent ex-cadre post(s) in a higher pay scale/grade pay than that of the previous ex-cadre post, the pay may be fixed with reference to the pay drawn in the cadre post and if the pay so fixed happens to be less than the pay drawn in the previous ex-cadre post, the difference may be allowed as personal pay to be absorbed in future increases in pay. This is subject to the condition

that on both the occasions, the employee should have opted to draw pay in the scales of pay/Grade Pay attached to the ex-cadre posts.

Note-1: The term parent post and basic pay means the post held on regular basis in the parent organization and pay drawn/ admissible in such a post respectively.

Note-2: An officer who may be holding a higher post on adhoc basis in the cadre at the time of proceeding on deputation/ foreign service would be considered to have vacated the post held on adhoc basis and proceeded on deputation/ foreign service from his/her regular post. During the period of deputation/ Foreign Service, he/she shall earn notional increments in the parent cadre post. On reversion, if he/she is re-appointed to the higher post on regular or adhoc basis his pay will get fixed with reference to the pay admissible in the lower post on the date of such re-appointment. In such cases, if his pay gets fixed at a stage lower than that of his junior(s) who continued to serve in the cadre, no stepping up will be admissible as per extant rules in so far as Central Government employees are concerned. However, if the pay so fixed is less than the pay drawn earlier while holding the post on ad-hoc basis the pay earlier drawn will be protected. Therefore, those Central Government employees who are already holding a higher post on ad-hoc basis or expecting it shortly in the parent cadre may weigh all relevant considerations before opting for deputation/Foreign Service. This note of caution will be applicable to employees of other organizations wishing to apply for posts on deputation in Central Government, if governed by similar rules in parent organization.

Note-3: Pay of an officer appointed on deputation/Foreign Service on adhoc basis pending selection of a regular incumbent may also be regulated in accordance with provisions of Para 5.1 & 6.1 of this O.M.

Note-4: The provisions of this Para as well as Para 6 will not apply to appointments on Personal Staff of Ministers. Such appointments will be regulated by separate specific orders issued by the Government in that behalf.

6. Deputation (duty) Allowance

6.1 The deputation (duty) allowance admissible shall be at the following rates:

(a) In case of deputation within the same station, the allowance will be paid at the rate of 5% of basic pay subject to a maximum of Rs.2000 p.m.; and

(b) In other cases, Deputation (Duty) Allowance will be payable at the rate of 10% of the employee's basic pay subject to a maximum of Rs.4000/- p.m.

(c) The deputation (duty) allowance as above shall further be restricted as under: Basic Pay, from time to time, plus Deputation (Duty) Allowance shall not exceed the maximum of the pay band PB-4 (Rs.67000) plus the grade pay of the post held on deputation in case the Grade Pay of the post held on deputation is upto Rs 10000. In case the post held on deputation is in the HAG or HAG+ pay scales, the Basic Pay, from time to time, plus Deputation (Duty) Allowance should not exceed Rs. 79000 and Rs.80000 respectively.

Note: Basic Pay in the revised pay structure means the pay drawn in the prescribed pay band plus the applicable grade pay but does not include any other type of pay like special pay/allowance etc.

The rates of deputation (duty) allowance as above shall take effect from 1.9.2008.

Note: 1 The term 'same station' for the purpose will be determined with reference to the station where the person was on duty before proceeding on deputation.

Note: 2 Where there is no change in the headquarters with reference to the last post held, the transfer should be treated as within the same station and when there is change in headquarters it would be treated as not in the same station. So far as places falling within the same urban agglomeration of the old headquarters are concerned, they would be treated as transfer within the same station.

6.2 Special rates of deputation (duty) allowance may be admissible under separate orders in any particular area on account of the condition of living there being particularly ardous or unattractive. Where special rate is more favorable than that given in Para 6.1 above, employees deputed to the area will be given the benefit of the special rate.

6.3.1 If an employee with the permission of the competent authority, proceeds on deputation/Foreign Service from one ex-cadre post to another ex-cadre post in the same or another organization without reverting to his parent cadre, and if the second ex-cadre post is at the same station as the first one, the rate of deputation (duty) allowance would remain unchanged.

6.3.2 In cases where a person on deputation/foreign service is transferred by the borrowing authority from one station to another without any change in the post held by him, the rate of deputation (duty) allowance will be refixed as per 6.1 (b).

7. Admissibility of pay, allowances & benefits while on deputation/Foreign Service

7.1 Any project allowance admissible in a project area in the borrowing organization may be drawn in addition to deputation (duty) allowance.

7.2 Any special allowance granted to an employee in the parent Department under FR 9(25) or a corresponding, rule of parent organization should not be allowed in addition to deputation (duty) allowance. However, the borrowing department may allow in addition to deputation (duty) allowance, under special circumstances, any special allowance attached to the post held by the employee in his/her parent Department, by suitably restricting the deputation (duty) allowance. This will require the specific and prior approval of Department of Personnel & Training.

7.3 In case special allowance is attached to the scale of pay of the ex-cadre post and the employee has opted to draw pay in that scale, then, in addition to the pay in that scale, he will also be entitled to draw such special allowance. However, such special allowance will not be admissible if he has opted to draw pay in the parent cadre scale/grade pay plus deputation (duty) allowance.

7.4 Personal pay, if any, drawn by an employee in his parent department will continue to be admissible on deputation/foreign service if he/she opts to draw pay in the parent cadre scale/grade pay plus deputation (duty) allowance. No deputation (duty) allowance on this personal pay will however, be admissible.

7.5 Increments - The employee will draw increment in the parent cadre grade or in the scale of pay !grade pay attached to the deputation post as the case may be, depending on whether he has opted for the parent cadre pay plus deputation (duty) allowance or the pay scale /grade pay of the deputation post. If he has opted for pay scale/grade pay of the deputation post, notional increments shall also continue to accrue to him in the post held on regular basis in the parent cadre/ organization for the purpose of regulation of pay on repatriation to the parent post at the end of the tenure.

7.6 Admissibility of allowances and benefits while on deputation/ Foreign Service.

(a) Such allowances as are not admissible to regular employees of corresponding status in the borrowing organization shall not be admissible to the officer on deputation/Foreign Service, even if they were admissible in the parent organization.

(b) Following allowances will be regulated with mutual consent of the lending and borrowing organization:

(i) HRA / Transport Allowance

(ii) Joining time and Joining Time Pay.

(iii) Travelling Allowances and Transfer T.A.

(iv) Children Education Allowance.

(v) LTC.

(c) Following allowances /facilities will be regulated in accordance with the rules as explained against each:

(i) Dearness Allowance — The employee shall be entitled to dearness allowance at the rates prevailing in the borrowing organization or in the lending organization depending on whether he has opted to draw pay in the pay scale/grade pay of the ex-cadre post or the parent grade plus deputation (duty) allowance.

(ii) Medical Facilities — This will be regulated in accordance with the rules of the borrowing organization.

(iii) Leave — An officer on deputation/foreign service shall be regulated by the Leave Rules of the parent organization. If however an employee proceeds from vacation department to non-vacation department, or vice-versa, he shall be governed by Leave Rules of the borrowing organization. At the time of reversion from the deputation post to the parent cadre, the borrowing organization may allow him/her leave not exceeding two months. The employee should apply for further leave to his Cadre Controlling Authority.

7.7 Leave Salary / Pension / NPS Contribution

(i) As at present, allocation of leave salary and pension contribution between different Ministries/Departments of Central Government and between Central and State Government has been dispensed with. In such cases of deputation from Central Government to State Government and vice-versa, liability for bearing leave salary vests with the Department from which the officer proceeds on leave or which sanctioned leave and no contributions are payable to the lending organization. Liability for pension/ employee's contribution to CPF will be borne by the parent department, to which the officer permanently belongs at the time of retirement and no proportionate contribution will be recovered.

(ii) In case of deputation of Central Government employees on foreign service terms to Central Public Sector Undertakings/ State Public Sector Undertakings and Autonomous Bodies/ etc., leave salary contribution (except for the period of leave availed of on foreign service) and pension contribution/CPF (Employer's share) contribution are required to be paid either by the employee himself or by the borrowing organization to the Central Government.

(iii) In cases of reverse deputation from Central Public Sector Undertakings/ State Public Sector Undertakings/ Autonomous Bodies/local bodies to Central Government, the question regarding leave salary and pension contribution will be decided by mutual consent.

(iv) In case of employees covered under New Pension Scheme (NPS), the borrowing department shall make matching contribution to the NPS account of the employee.

8. Tenure of deputation/Foreign Service

8.1 The period of deputation/Foreign Service shall be as per the Recruitment Rules of the ex-cadre post or 3 years in case no tenure regulations exist for the ex-cadre post.

8.2. In case where the period of deputation/foreign service prescribed in the recruitment rules of the ex-cadre post is 3 years or less, the Administrative Ministry/borrowing organization may grant extension upto the 4th year after obtaining orders of their Secretary (in the Central Government) / Chief Secretary (in the State Government) / equivalent officer (in respect of other cases) and for the fifth year with the approval of the Minister of the borrowing Ministry / Department and in respect of other organizations with the approval of the Minister of the borrowing Ministry / Department with which they are administratively concerned.

8.3.1 The borrowing Ministries/Departments/Organizations may extend the period of deputation upto the 5th year where absolutely necessary in public interest, subject to the following conditions:

(i) The extension would be subject to the prior approval of the lending organization, the consent of the official concerned and wherever necessary, the approval of the UPSC/ State Public Service Commission and Appointment Committee of Cabinet (ACC).

(ii) If the borrowing organization wishes to retain an officer beyond the prescribed tenure, it shall initiate action for seeking concurrence of lending organization, individual concerned etc. six months before the date of expiry of tenure. In no case it should retain an official beyond the sanctioned term unless prior approval of the competent authority to grant further extension has been obtained.

(iii) No further extension beyond the fifth year shall be considered.

8.3.2 Where extension is granted up to the fifth year, the official concerned will continue to be allowed deputation (duty) allowance, if he/she has opted to draw deputation (duty) allowance.

8.4 There shall be a mandatory 'cooling off period of three years after every period of deputation/foreign service up to Joint Secretary level posts and one year for Additional Secretary level posts.

8.5 A Central Government employee shall be eligible for deputation/foreign service to posts in State Government/ State Government Organizations/Government of UTs/ Government of UT's Organizations/ Autonomous Bodies, Trusts, Societies, PSUs etc. not controlled by the Central Government only after he has completed 9 years of service and is clear from the vigilance angle.

8.6 If during the period of deputation/ foreign service, on account of proforma promotion in the parent cadre the official concerned becomes entitled to a higher Pay Scale/ Pay Band & Grade Pay in the parent cadre vis-a-vis that of the ex-cadre post, the official shall complete his/her normal /extended tenure of deputation already sanctioned with the approval of the competent authority. The pay shall be regulated as under:

(a) If the Grade pay of the officer in the parent cadre becomes higher than that of the deputation post after getting proforma promotion, he may be allowed the pay in the pay band + Grade Pay of the post to which he is promoted till the time he completes the normal/extended period of deputation (if he gets proforma promotion in the extended period) already sanctioned, if he so opts. No extension in the period of deputation shall be allowed to him after completing the sanctioned period of deputation.

(b) If he draws the pay in the pay band + Grade pay attached to the deputation post, on reversion to his parent cadre, his pay may be fixed by allowing him notional increments in his regular post in the parent department + the Grade pay attached to it.

(c) If the Grade pay of the officer in the parent cadre becomes higher than that of the deputation post on getting financial upgradation under the ACP/MACP scheme, the officer may be allowed to draw the pay in the pay band + Grade Pay to which he becomes entitled to under the ACPIMACPS, if opted for by him, as laid down in Para 27 of Annexure I to the DOPT OM No. 35034/3/2008 -Est (D) dated 19th May, 2009.

9. Premature reversion of deputationist to parent cadre

Normally, when an employee is appointed on deputation/ Foreign Service, his services are placed at the disposal of the parent Ministry/ Department at the end of the tenure. However, as and when a situation arises for premature reversion to the parent cadre of the deputationist, his services could be so returned after giving an advance notice of at least three months to the lending Ministry/ Department and the employee concerned.

10. Relaxation of conditions

Any relaxation of these terms and conditions will require the prior concurrence of the Department of Personnel & training.

11. Date of effect

These orders will take effect from 1.1.2006 and shall be applicable to all officers who were on deputation on 1.1.2006 or appointed thereafter except for the revised rates of deputation (duty) allowance which shall be applicable from 1.9.2008 as mentioned below Para 6.1 of this OM.

12. In so far as persons serving in the Indian Audit and Accounts Department are concerned, these orders will apply for deputation outside Indian Audit and Accounts Department as concurred in by the Comptroller and Auditor General of India.

Consolidated Instructions on Incentives for Sportspersons in Government of India

A. RECRUITMENT : -

No. 1 4034/1/2015-Estt.D Government of India

Ministry of Personnel, Public Grievances and Pensions Department of Personnel & Training, North Block, New Delhi

Dated: 14.07.2015 OFFICE MEMORANDUM

Subject: Appointment of meritorious Sportspersons in relaxation of the procedure - regarding.

The undersigned is directed to invite reference to this Department's OM No. 14015/176-Estt.(D) dated 4th August, 1980 vide which instructions regarding appointment of meritorious sportsmen to Group C and D posts in relaxation of the procedure were circulated. Subsequently, consolidated instructions on incentives for sportspersons were also circulated vide this Department's OM No. 14034/01/2013- Estt.(D) dated 03.10.2013.

2. All Ministries/Departments are again requested to bring the aforesaid instructions mentioned in the preceding paragraph to the notice• of all concerned for appointment of meritorious sportspersons to Central Government Civil posts. Strict compliance of these instructions may be ensured for making appointment of meritorious sportspersons, thereby achieving the desired objectives of encouraging and promoting sports in the country.

(Rakesh Moza)

No.14034/ 1/2013-Estt(D)Dated: 24.12. 2014

OFFICE MEMORANDUM Subject: Appointment of meritorious Sportspersons in relation of the procedure -

regarding.

*********

The undersigned is directed to invite reference to Paragraph 3 of this Department's Office Memorandum No.14015/1/76-Estt.(D) dated 4th August, 1980 on the above subject, as under:-

Extant of such recruitment

a) Ministries/Departments of Government of India can recruit meritorious sportsmen in any year in relaxation of the recruitment procedure, to the extent that these including all other reservations under existing orders do not exceed 50% of the total number of vacancies proposed to be filled by direct recruitment.

b) For the purpose of making appointment of meritorious sportsmen, the appointing authorities may at their discretion notify to the Staff Selection Commission, in all cases where the recruitment to the posts have been entrusted to that Commission, vacancies reduced by upto 5% thereof and may fill such vacancies so held back by appointing meritorious sportsmen subject to the overall limitations mentioned in sub-para (a) above.

2. It has come to the notice of this Department that some Ministries/Departments of Government of India are not adhering to/following the above mentioned provisions/instructions scrupulously. Accordingly, all Ministries / Departments are requested to bring the aforesaid instructions mentioned in the preceding paragraph to the notice of all concerned for appointment of meritorious sportspersons to Central Government Civil posts.

(Rakesh Moza)

A. RECRUITMENT

I. Eligibility

(a) Appointments under these orders can be made of sportspersons considered meritorious with reference to the following criteria:

i) Sportsmen who have represented a State or the country in the National or International competition in any of the games/sports mentioned in these instructions.

ii) Sportsmen who have represented their University in the Inter-University Tournaments conducted by the Inter-University Sports Boards in any of the sports/games specified in these instructions, as amended from time to time.

iii) Sportsmen who have represented the State School Teams in the National Sports/games for schools conducted by the All India School Games Federation in any of the games/sports mentioned in these instructions.

iv) Sportsmen who have been awarded National Awards in Physical Efficiency under the National Physical Efficiency Drive.

(b) No such appointments can be made unless the candidate is, in all respects, eligible for appointment to the post applied for, and in particular, with regard to age, educational or experience qualifications prescribed under the Recruitment Rules applicable to the post, except to the extent to which relaxations thereof have been permitted in respect of class/category of persons to which the applicant belongs.

II. Posts to which applicable

(a) Appointment of meritorious sportspersons can be made to any post in Group ‘C’ or erstwhile Group ‘D’, which under the Recruitment Rules applicable thereto, is required to be filled by direct recruitment, otherwise than through the Union Public Service Commission;

(b) No such appointment shall be made to any post in Group ‘A’ or Group ‘B’, by direct recruitment;

(c) A meritorious sportsperson can be considered for appointment under sub para (a) above, notwithstanding the fact that he is already in service of the Government;

(d) In making appointments to any post under the Government by promotion, no preference shall be given to meritorious sportspersons though that fact may be taken into consideration in assessing the overall merit.

III. Extent of such recruitment

(a) Ministries/Department of Government of India can recruit meritorious sportsmen in any year in relaxation of the recruitment procedure, to the extent that these including all other reservations under existing orders do not exceed 50% of the total number of vacancies proposed to be filled by direct recruitment.

(b) For the purpose of making appointment of meritorious sportsmen, the appointing authorities may at their discretion notify to the Staff Selection Commission, in all case where the recruitment to the posts have been entrusted to that Commission, vacancies reduced by upto 5% thereof and may fill such vacancies so held by appointing meritorious sportsmen subject to the overall limitations mentioned in sub-para(a) above.

B. INCREMENTS (PERSONAL PAY)

I. Number of increments(i) Sportspersons

a. The number of increments to be awarded for achieving excellence in National events should be laid down at a scale lower than for excellence in International events say one increment for National event and two increments for International events.

b. The total number of increments to be awarded to an individual should not exceed five in his/her entire career.

c. The increment so granted, equal to the amount of the next increment due at the time of grant of the concession, would continue to be drawn at the same rate till retirement in the form of personal pay and would count for the purpose of retirement benefits but not for pay fixation on promotion on the analogy of incentive for promoting small family norms.

d. The increments so granted would continue to be drawn at the same rates till retirement but this will not count for any service matter like pay fixation on promotion, retirement benefits or DA/CCA, etc.

e. The increment(s) is to be considered for all events of sports (both Indoor and Outdoor) at National/International events.

f. The revised rate shall be applicable prospectively from 1st September, 2013.

(ii) Referees/Umpires

Two advance increments may be granted for each event subject to total five increments in the entire career, to Referees/Umpires who excel at the International level. The increments so granted would be continued to be drawn at the same rate till retirement. (The term ‘excellence’ would mean that the Umpire/Referee has been accepted as a Referee/Umpire by the International Federation governing the particular sports discipline and has performed the duties in International Competitions recognized by such International Federation. However no such incentive will be allowed to those Referees/Umpires, who perform such duties at the National level

(iii) Coaches

Coaches, who are associated with Gold Medal Winning Teams at the Asian Games/World Championship/Olympic Games, can be considered for grant of the same number of increments as available to the Members of the Team and thus, only Coaches, who imparted training to Teams, will be eligible for advance increments. However this benefit would not be available to (i) Coaches in whose case imparting training to National Teams is a part of their normal duties (for example SAI Coaches) (ii) Coaches training sportsperson who win gold medal in individual events.

(iv) Managers/Coaches/Masseurs/Doctors

However, the Technical officials concerned with the administration of the tournaments will not be treated as part of the teams for this purpose.

Definition of Excellence

Sportspersons participating in sporting events (both individual and team events) of national and international importance will be treated as having achieved excellence for the purpose of grant of increment(s) if he/she achieves 1st, 2nd or 3rd position in the finals of sporting events if more than three individual or teams have participated in the events. If only three or less individuals or teams have participated in the final of a sporting event, the sportsperson/team achieving first position will be treated as having achieved excellence.

C. SCHEME FOR OUT OF TURN PROMOTION FOR SPORTSPERSONS

I. Objective

To promote a sportsperson for excellence in sports events by upgradation of the post personal to the sportsperson till it is vacated by the sportsperson either by his/her subsequent promotion, resignation or on retirement.

II. To whom applicable

The scheme is applicable to all Central Government Civilian Employees and Central Services except Railways Services and services under the control of the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical Services under the Department of Defence Research and Development.

III. Performance to be rewarded by out of turn promotion

The medal winning performance in sports events to be eligible for out of turn promotion will be restricted to regular disciplines of:i. Olympic Games,ii. Commonwealth Games,iii. Asian Gamesiv. World Championships andv. Record breaking medal winning performance in National Games conducted by Indian Olympic Association in the regular disciplines of Olympics, Commonwealth Games, Asian Games and World Championshipsvi. The Scheme will also cover differently-abled sportspersons for equivalent events/games organized for them.

IV. Number of out of turn promotion to be allowed

A maximum of three out of turn promotion in the entire service career, subject to following conditions can be allowed to sportspersons for excellence in International/National Sports events:

(a) Excellence in international sports events

(i) A sportsperson winning Gold, Silver or Bronze or more than one medal in Olympic Games, Commonwealth Games, Asian Games and World Championships in a particular year will be eligible only for one out of turn promotion in that year.

(ii) Only the medal winning performance in aforesaid sports events will be considered for out of turn promotion. If a sportsperson or more than one sportspersons while competing in a discipline in Olympic Games, Commonwealth Games, Asian Games and World Championships, does not win a medal but gives better performance than the previous national record in the discipline then no out of turn promotion will be allowed.

(iii) In case of a team event, a sportsperson will qualify for out of turn promotion only if he has played at least 50% of the matches in the same event. Reserve player, if any, shall not be entitled for any out of turn promotion.

(iv) An out of turn promotion be considered for performance as a Coach if he/she has trained a sportsperson or a team which goes on to win a medal in any of the international Games/Championships mentioned in para III above. A Coach who is a Government employee will be considered for out of turn promotion even if the sportsperson(s) he/she has trained is not a Government Servant provided he has already intimated his/her office the name of sportsperson(s) or team which have been receiving training from him. In case more than one Coach has trained a sportsperson or a team which eventually wins a medal then only the main Coach, subject to other conditions will be considered for out of turn promotion.

(v) The number of out of turn promotions allowed to a Coach will be capped at two with a gap of four years. However, the total number of out of turn promotions allowed to a Coach will not exceed three in the entire career including those given to him/her in the past for performance as a sportsperson.

(b) Excellence in national sports events

In case of National Games conducted by Indian Olympic Association record breaking medal winning performance in an individual discipline would be considered for one out of turn promotion during the entire service career. In case more than one sportsperson gives better performance than the existing national record in the

discipline in the same National Games, then all sportspersons winning medals shall be considered for one out of turn promotion.

V. Vacancy

As out of turn promotion to sportsperson is to be allowed by up-gradation of post personal to the sportsperson, no separate post will be created for grant of out of turn promotion to a Sportsperson/Coach. Such a post will continue to be upgraded in higher grade till it is vacated by the sportsperson either by his/her subsequent promotion, resignation or on retirement. No out of-turn promotion shall be granted during the probation period. The out of turn promotion will be granted only in the hierarchy of the post and no level jumping will be allowed.

VI. Procedure

Out of turn promotion would be allowed on regular basis only. The procedure for regular promotion including vigilance clearance should be followed while considering the cases for out of turn promotion. The composition of DPC for grant of out of turn promotion to the sportsperson will be same as that prescribed in the statutory recruitment rules applicable to the post to which promotion is being made.

VII. Relaxation in qualifying/eligibility service required for promotion

The appointing authority for the post prescribed in the relevant recruitment rules shall be competent authority for grant of relaxation from requirement of completing the qualifying service(residency period in the feeder grade), educational qualification, completion of pre-promotion training or any other condition that may be prescribed in the statutory recruitment rules applicable to the promotional post. This shall have prior approval of the Secretary concerned in case of the Ministry/Department and the Head of the organization in the case of attached and subordinate offices.

VIII. Time limit for out of turn promotion

The entitlement of a sportsperson for out of turn promotion may be processed within a period of three months from the date of occurrence of event which entitles him/her for out of turn promotion. It will be responsibility of the concerned administrative Ministry/Department to consider a sportsperson for out of turn promotion within the prescribed time limit.

IX. Date from which promotion will be effective

The out of turn promotion will be effective from the date of conclusion of event.

X. Fixation of seniority

A sportsperson/Coach appointed to a post/Grade by grant of out of turn promotion in relaxation of provisions of statutory recruitment rules applicable to the post/Grade, will be assigned seniority below all the regular personnel appointed(recruited/promoted) in that particular year.

XI. Pay fixation

The pay on out of turn promotion of sportsperson will be fixed as in the case of regular promotion.

D. SPECIAL CASUAL LEAVE

I. Special Casual Leave is granted to Central Government servants for a period not exceeding 30 days in any one calendar year for:

(a) Participating in sporting events of national/international importance;

(b) Coaching/administration of teams participating in sporting events of national/international importance;

(c) Attending coaching or training camps under Rajkumari Amrit Kaur Coaching Scheme or similar All India Coaching or Training schemes

(d) Attending coaching camps in sports organized by National Sports Federations/Sports Boards recognized by Government (Department of Youth Affairs and Sports)

(e) Participating in mountaineering expeditions

(f) Attending coaching camps in sports organized by National Sports Federation/Sports Boards recognized by All India Council of Sports; and

(g) Participating in trekking expeditions.

(h) Attending pre-selection trials/camps connected with sporting events of national/international importance.

II. Special Casual Leave is also granted to Central Government servants for a period not exceeding 10 days in any one calendar year for participating in inter-ministerial and interdepartmental tournaments and sports event held in and outside Delhi.

III. The sports-persons from the All India Civil Services Sports Control Board attending coaching camps and participating in various all India Civil Services sporting events are also covered under the O.M. with a view to giving them the facilities of special casual leave.

IV. Provisions of O.M. dated 16.07.1985 are applicable only to Central Government sportsmen/sportswomen participating in sporting events of national/international importance. It is not necessary that they should be deputed only by Government of India.

E. Treatment of period of participation/coaching as duty

I. The period of the actual days on which they participate in the events of National/International importance as also the time spent in traveling to and from such tournaments may be treated as duty.

II. Attending pre-participation Coaching Camp held is treated as duty.

F. Travel concessions

Central Government employees selected for participating in sporting events of national/international importance are allowed to –

a) Travel by First class by train for events within India

b) Economy class by air for international events held outside India

c) The employees participating in sporting events are treated as on duty and as such they are entitled to DA under the rules as on tour.

G. Events of national importance

National championships/tournaments being conducted by the recognized National Sports Federations in individual disciplines and National Games conducted by Indian Olympic Association is recognized as events of national importance.

H. Events of international importance

The events recognized by the International Sports bodies in the concerned disciplines and in which participation has been with prior approval of the Government(Department of Youth Affairs and Sports) may be treated as sporting event of international importance.