Indian Railway Codes and Manuals-Establishment code- Vol-II-Chapter-20 (XX)
CHAPTER 20
FOREIGN SERVICE AND DEPUTATION
Section
A – Foreign Service
2001. (F.R. 110) Conditions of Transfer.– (a) No Railway
servant may be transferred to foreign service against his will:
Provided
that this sub-rule shall not apply to the transfer of a railway servant to the
service of a body, incorporated or not which is wholly or substantially owned
or controlled by the Government.
(b) A
transfer to foreign service outside India shall not be sanctioned by an
authority other than the President.
(c) subject
to any restrictions which the President may by general order impose in the case
of transfer to the service of an Indian State, a transfer to foreign service in
India may be sanctioned by a competent authority.
2002. (F.R.111).-- A transfer to foreign service is not
admissible unless—
(a) the
duties to be performed after the transfer are such as should, for public
reasons, be rendered by a railway servant; and
(b)
the railway servant transferred holds, at the time of transfer, a post paid
from the Consolidated Fund of India or holds a lien on a
permanent post, or would hold a lien on such a post had his lien not been
suspended.
2003. (F.R.112).– Transfer to foreign Service during
leave.--
If a railway servant is transferred to foreign service
while on leave, he ceases, from the date of such transfer, to be on
leave and to draw leave-salary.
2004. (F.R. 113).-- Promotions during
Foreign Service.--(1) A railway servant transferred to foreign service
shall remain in the cadre or cadres in which he was included in a substantive
or officiating capacity immediately before his transfer, and may be given,
subject to the conditions prescribed under the second proviso of rule 1325
(F.R..30(1)) such substantive or officiating promotion in those cadres as the
authority competent to order promotion may decide. In giving
promotion, such authority shall also take into account the nature of the work
performed in foreign service.
(2)
Nothing in this rule shall prevent a member of a subordinate service from
receiving such other promotion in Government service as the authority, who
would have been competent to grant the promotion had he remained in Government
service, may decide.
2005. (F.R. 114).-- A railway servant foreign in service will
draw pay from the foreign employer from the date on which he relinquishes
charge of his post in Government service. Subject to any
restrictions which the President may by general order impose, the amount of his
pay, the amount of joining time admissible to him and his pay during such
joining time, will be fixed by the authority sanctioning the transfer in
consultation with the foreign employer.
Government
of India’s decision: The
President is pleased to issue, under Rule 2005 (F.R. 114), the following orders
regulating the amount of remuneration which may be sanction by a competent
authority for a railway servant transferred to foreign service:
(i) When
the transfer of a railway servant to foreign service is sanctioned, the pay
which he shall receive in such service must be precisely specified in the order
sanctioning the transfer. If it is intended that he shall receive
any remuneration, or enjoy any concession of pecuniary value in addition to his
pay proper, the exact nature of such remuneration or concession must be
similarly specified. No railway servant will be permitted to receive any
remuneration or enjoy any concession which is not so specified; and if the
order is silent as to any particular remuneration or concession, it must be
assumed that the intention is that it shall not be enjoyed.
(ii)
The following two general principles must be observed by the competent
authority in sanctioning the conditions of transfer-
(a) The
terms granted to the railway servant must not be such as to impose an
unnecessarily heavy burden on the foreign employer which employs
him.
(b) The
terms granted must not be so greatly in excess of the remuneration which the
railway servant would receive in Government service as to render foreign
service appreciably more attractive than Government service:
Provided
that if his transfer to foreign service involves the assumption of duties and
responsibilities of far greater importance than those attached to his post in
Government Service, his pay in foreign service may be specially fixed with due
regard both to his status and pay in Government Service and to the nature of
the work for which he is transferred.
(iii) Provided
that the two principles laid down in paragraph (ii) above are observed, a
competent authority may sanction the grant of the following concession by the
foreign employer. Such concession must not be sanctioned as a matter
of course, but in those cases only in which the competent authority considers
that circumstances justify their grant-
(a) The
payment of contributions towards leave-salary and pension under the ordinary
rules regulating such contributions.
(b) The
grant of traveling allowance under the ordinary traveling allowance rules
applicable to railway servants and of permanent traveling allowance, conveyance
allowance.
(c) The
use of State tents, boats and transport on tour; provided that this is
accompanied by a corresponding reduction in the amount of traveling allowance
admissible.
(d) The
grant of free residential accommodation, which may be furnished, in cases in
which the competent authority considers this to be desirable, on such scales as
may seem proper to the competent authority.
(e) The
use of foreign employer’s motors, carriages and animals.
(iv)
The grant of any concession not specified in paragraph (iii) above requires the
sanction of the President.
2006. (F.R. 115).--Foreign Service Contributions.-- (a) While a railway
servant is in foreign service, contribution towards the cost of his pension
must be paid to general revenues on his behalf.
(b)
If the foreign service is in India, contributions must be paid on account of
the cost of leave-salary also.
(c)
Contributions due under clause (a) and (b) above shall be paid by the railway
servant himself unless the foreign employer consents to pay
them. They shall not be payable during leave taken while in foreign
service.
(d)
By special arrangement made under Rule 2017 (b) (F.R.123(b)) contributions on
account of leave-salary may be required in the case of foreign service out of
India also; the contributions being paid by the foreign employer.
NOTE. Pensions,
throughout this Chapter include Government contribution, if any, payable to a
railway servant’s credit in a Provident Fund.
2007. (F.R. 116).--Rates of Contributions.--The rate of
contributions payable on account of pension and leave-salary shall be as
prescribed in Appendix I.
2008. (F.R. 117).--(a) The rates of pension contribution
prescribed in Appendix I have been designed to secure to the railway servant
the pension that he would have earned by service under Government if he had not
been transferred to foreign service.
(b) The
rates of contribution for leave-salary will be designed to secure to the
railway servant leave-salary on the scale and under the conditions applicable
to him. In calculating the rate of leave salary admissible, the pay
drawn in foreign service, less in the case of railway servants paying their own
contributions, such part of pay as may be paid as contribution, will count as
pay for the purpose of Rule 103(35) (F.R. 9(2)).
2009. (1) Procedure for payment of
contribution.-- A copy of the orders sanctioning a railway servant’s
transfer to foreign service must always be communicated to the Accounts Officer
by the authority by whom the transfer is sanctioned. The railway
servant himself should, without delay, communicate a copy to the Accounts
Officer and take his instructions as to the officer to whom he is to account
for the contribution; report to the latter officer the time and date of all
transfers of charge to which he is a party when proceeding on, while in,
and on return from, foreign service and furnish from time to time particulars
regarding his pay in foreign service, leave taken by him, his postal address
and any other information which that Accounts officer may require.
(2) Rule
regarding leave and the grant of leave .-- A railway servant on foreign service in
India is himself personally responsible for his observance of the rule
contained in Rule 2016 ( F.R. 122 ). By accepting leave to which he
is not entitled under the rules, he renders himself liable to refund
leave-salary irregularly drawn, and in the event of his refusing to refund, to
forfeit his previous service under Government, and to cease to have any claim
on Government in respect of either pension or leave-salary.
2010. Foreign service contribution towards
pension/provident fund/gratuity etc. by recognized Unions/Federations will not
be realised in respect of: --
(1) two persons in the case of each
recognised Federation;
(2) two persons in the case of each recognized
central Union at the Zonal level; and
(3) one person in each division of Railway for
each recognized Union.
As
regards contribution towards leave salary, the Union concerned should bear the
liability for the same in respect of individuals concerned for the leave earned
during the period of service with the Union and pay him the leave salary
whenever the individual takes leave. Leave earned during the period of such
deputation will lapse on reversion to the parent office.
(ELR 3-78-UTF-4 dated 29th June,
1978.)
2011. (F.R. 119).--In the case of transfer to foreign
service, a competent authority sanctioning a transfer to foreign service
may
(a) remit the contributions due in any
specified case or class of cases, and
(b) interest on overdue contributions shall be
levied in accordance with rule 2012.
2012. (S.R. 307).--Interest or overdue contributions.-(1) contribution for leave
salary or pension due in respect of a railway servant on foreign
service may be paid annually within 15 days from the end of each financial year
or at the end of the foreign service if the deputation on foreign service
expires before the end of a financial year, and if the payment is not made
within the said period, interest must be paid to Government on the unpaid
contribution, unless it is specifically remitted by the president at the rate of
two paise a day per Rs.100 from the date of expiry of the period of 15 days
upto the date on which the contribution is finally paid. The
interest shall be paid by the railway servant or the foreign
employer according as the contribution is paid by the former or the
latter.
(2)
The leave salary and pension contributions should be paid separately as they
are creditable to different heads of accounts and no dues recoverable from
Government, on any account, should be set apart against these
contributions.
2013. (S.R. 307 A).--Travelling Allowance.-The traveling allowance
of a railway servant both in respect of the journey on transfer to foreign
service and the journey on reversion therefrom to railway service will be borne
by the foreign employer.
NOTE 1.--The
above rule applies even in cases where the railway servant lent takes leave on
reversion before joining duty under Government.
NOTE
2.--A railway servant proceeding on deputation to other Government
Department/Undertaking/Organisations and returning therefrom will be governed
by Railway Travelling Allowance Rules during joining time (both ways) only (and
not for any other journey undertaken during deputation). The railway
office concerned will issue Railway passes on transfer account for the Railway
servant and his family and pay him traveling allowance, etc., as admissible
under railway rules. The borrowing authority will arrange to credit
to the Financial Adviser & Chief Accounts Officer concerned an amount equal
to the Travelling allowance, and incidental charges admissible under their
rules in respect of the two journeys taken by the Railway servant, viz., for
taking up the new assignment and his return therefrom. The
difference between the amount payable to the railway servant under Railway
Rules and the amount credited by the borrowing authorities which will cover
partly the cost of haulage of the kit wagon/wagons will be credited by the
concerned Railway to miscellaneous earnings. In the case of the
deputation to purely private Bodies, the concession of Railway Travelling
Allowance Rule during joining time (both ways) will be admissible only if the
private Bodies agree to reimburse the entire cost of travelling under Railway
Rules.
2014. (F.R.120).--Withholding of Contributions.-- A railway servant in
foreign service may not elect to withhold contributions and to forfeit the
right to count as duty in railway service the time spent in foreign employ. The
contributions paid on his behalf maintains his claim to pension or
to pension and leave-salary as the case may be, in accordance with the rules of
the service of which he is a member. Neither he nor the foreign
employer has any right of property in contribution paid and no claim for refund
can be entertained.
2015. (F.R. 121).--Payment by Foreign Employer
of Pension or Gratuity.--A railway servant transferred to foreign
service may not, without the sanction of the President, accept a pension or
gratuity from his foreign employer in respect of such service.
2016. F.R. 122)--Leave during Foreign Service in India.--A railway servant in
foreign service in India may not be granted leave otherwise than in accordance
with the rules applicable to the service of which he is a member, and may not
take leave or receive leave-salary from Government unless he actually quits
duty and goes on leave.
2017. (F.R. 123)--Leave during Foreign Service out of
India.--(a) A
railway servant in foreign service out of India may be granted leave by
his employer on such conditions as the employer may
determine. In any individual case, the authority sanctioning the
transfer may determine before hand, in consultation with the
employer, the conditions on which leave will be granted by the
employer. The leave-salary in respect of leave granted by
the employer will be paid by the employer and the leave will not be debited
against the railway servant’s leave account.
(b) In
special circumstances, the authority sanctioning a transfer to foreign service
out of India may make an arrangement with the foreign employer, under which
leave may be granted to the railway servant in accordance with the rules
applicable to him as a railway servant,
If the foreign employer pays to Central Government leave contribution at the
rate prescribed under Rule 2007 (F.R. 116).
2018. (F.R. 124)--Fixation of Pay on Officiating
Promotion.--A
railway servant in foreign service, if appointed to officiate in a post in
Government service, will draw pay calculated on the pay of the post
in Government service on which he holds a lien or would hold a lien had his
lien not been suspended and that of the post in which he
officiates. His pay in Foreign Service will not be taken into
account in fixing his pay.
2019. (F.R. 125)--Reversion from Foreign Service-- A railway servant
reverts from foreign service to Government service on the date on which he take
charge of his post in government service; provided that, if he takes leave on
the conclusion of foreign service before rejoining his post, his reversion
shall take effect from such date as the competent authority may decide.
2020. (F.R. 126).--When a railway servant reverts from foreign
service to Government service, his pay will cease to be paid by the foreign employer,
and his contributions will be discontinued, with effect from the date of
reversion.
2021. (F.R. 127).-- When an addition is made to a
regular establishment on the condition that its cost or a definite portion of
its cost shall be recovered from the persons for whose benefit the
additional establishment is created , recoveries shall be made under the
following rules:-
(a) the
amount to be recovered shall be the gross sanctioned cost of the service, or
the portion of the service as the case may be,
and shall not vary with the
actual expenditure of any month.
(b) the cost of
the service shall include contributions at such rates as
may be laid down under rule 2007 ( F.R. 116 ) and the
contributions shall be calculated on the sanctioned rates of pay of the members
of the establishment.
(c) The Central
Government may reduce the amount of recoveries or entirely forego them.
2022. (F.R. 130).-- Persons transferred to railway service
from a local Fund which is not administered by Government will be
treated as joining a first post under Government and their previous service
will not count as duty performed. A competent authority may, however, allow
previous service in such cases to count as duty performed on such terms as it
thinks fit.
Multiple
choice questions:
1.
Which of the following statements is true regarding the transfer of a railway
servant to foreign service?
a)
A railway servant can be transferred to foreign service against his will.
b)
A railway servant cannot be transferred to foreign service against his will.
c)
A railway servant may be transferred to foreign service only within India.
d)
A railway servant can be transferred to foreign service by any authority.
Answer: b) A railway servant
cannot be transferred to foreign service against his will.
2.
Who has the authority to sanction a railway servant's transfer to foreign
service outside India?
a)
The Railway Minister
b)
The competent authority within the Railway Board
c)
The President
d)
The General Manager
Answer: c) The President
3.
Under what condition can a railway servant be transferred to foreign service?
a)
The transfer must be approved by the foreign employer.
b)
The duties to be performed after the transfer should be suitable for a railway
servant for public reasons.
c)
The railway servant must not hold any permanent post in the government.
d)
The transfer is only admissible if the railway servant is on leave.
Answer: b) The duties to be
performed after the transfer should be suitable for a railway servant for
public reasons.
4.
What happens if a railway servant is transferred to foreign service while on
leave?
a)
The railway servant continues to draw leave-salary.
b)
The railway servant ceases to be on leave and stops drawing leave-salary from
the date of transfer.
c)
The railway servant remains on leave until the leave period ends.
d)
The railway servant can choose to either continue leave or start foreign
service.
Answer: b) The railway servant
ceases to be on leave and stops drawing leave-salary from the date of transfer.
5.
How is a railway servant's pay determined when transferred to foreign service?
a)
The pay is determined solely by the foreign employer.
b)
The pay must be precisely specified in the order sanctioning the transfer.
c)
The railway servant decides the pay in consultation with the foreign employer.
d)
The pay is the same as the salary in government service.
Answer: b) The pay must be
precisely specified in the order sanctioning the transfer.
6.
What should be taken into account when sanctioning the terms of a railway
servant's transfer to foreign service?
a)
The burden on the foreign employer should be minimized.
b)
The terms should be attractive enough to make foreign service more desirable
than government service.
c)
The railway servant should receive the same pay as in government service.
d)
The transfer should only be sanctioned if the foreign employer offers free accommodation.
Answer: a) The burden on the
foreign employer should be minimized.
7.
Which of the following is a permissible concession for a railway servant in
foreign service?
a)
Free healthcare from the foreign employer.
b)
The use of foreign employer’s motors, carriages, and animals.
c)
Extra vacation days.
d)
A bonus upon return to government service.
Answer: b) The use of foreign
employer’s motors, carriages, and animals.
8.
Who is responsible for paying contributions towards a railway servant's pension
while in foreign service?
a)
The foreign employer, without exception.
b)
The railway servant, unless the foreign employer consents to pay them.
c)
The government of India.
d)
The pension fund itself.
Answer: b) The railway servant,
unless the foreign employer consents to pay them.
9.
What is the role of the Accounts Officer when a railway servant is transferred
to foreign service?
a)
To approve the transfer.
b)
To decide the foreign service contributions.
c)
To receive a copy of the transfer order and instruct the railway servant on
accounting for contributions.
d)
To oversee the railway servant's performance in foreign service.
Answer: c) To receive a copy of
the transfer order and instruct the railway servant on accounting for
contributions.
10.
What happens to leave earned by a railway servant during service with a
recognized Union?
a)
It is carried over upon return to government service.
b)
It is paid out as a lump sum by the foreign employer.
c)
It lapses upon reversion to the parent office.
d)
It is transferred to a new leave account.
Answer: c) It lapses upon
reversion to the parent office.
11.
Who has the authority to remit contributions due in the case of transfer to
foreign service?
a)
The Railway Minister
b)
The competent authority sanctioning the transfer
c)
The Accounts Officer
d)
The foreign employer
Answer: b) The competent authority
sanctioning the transfer
12.
What is the interest rate for overdue contributions in the case of a railway
servant on foreign service?
a)
One paisa a day per Rs.100
b)
Two paise a day per Rs.100
c)
Three paise a day per Rs.100
d)
Five paise a day per Rs.100
Answer: b) Two paise a day per
Rs.100
13.
Who is responsible for paying the traveling allowance of a railway servant
during the journey on transfer to and from foreign service?
a)
The Railway Board
b)
The foreign employer
c)
The Government of India
d)
The railway servant himself
Answer: b) The foreign employer
14.
Can a railway servant in foreign service withhold contributions and forfeit the
right to count time spent in foreign service as duty in railway service?
a)
Yes, the railway servant has the right to withhold contributions.
b) No,
the railway servant may not elect to withhold contributions.
c)
Yes, but only with the consent of the foreign employer.
d)
No, but the foreign employer can withhold contributions.
Answer: b) No, the railway servant
may not elect to withhold contributions.
15.
Under what condition may a railway servant accept a pension or gratuity from a
foreign employer?
a)
The railway servant may accept without any conditions.
b)
The railway servant may accept only with the sanction of the President.
c)
The railway servant may accept if the foreign employer offers it voluntarily.
d)
The railway servant may accept only after retiring from government service.
Answer: b) The railway servant may
accept only with the sanction of the President.
16.
How can leave be granted to a railway servant in foreign service out of India?
a)
Only by the Central Government.
b)
Only by the foreign employer on conditions determined by the employer.
c)
By the foreign employer under the rules applicable to railway servants.
d)
By the railway servant himself, with prior notice to the foreign employer.
Answer: b) Only by the foreign
employer on conditions determined by the employer.
17.
What happens to the pay of a railway servant in foreign service if he is appointed
to officiate in a post in Government service?
a)
His pay in foreign service will be combined with his government pay.
b)
His pay will be based solely on his government post and not on foreign service
pay.
c)
His pay in foreign service will be used to determine his new government pay.
d)
His foreign service pay will continue unchanged.
Answer: b) His pay will be based
solely on his government post and not on foreign service pay.
18.
When does a railway servant revert from foreign service to Government service?
a)
On the date he takes charge of his post in Government service.
b)
On the date the foreign employer decides.
c)
On the last day of foreign service as per the contract.
d)
On the date decided by the Accounts Officer.
Answer: a) On the date he takes
charge of his post in Government service.
19.
What happens to the pay and contributions of a railway servant when he reverts
from foreign service to Government service?
a)
They continue to be paid by the foreign employer.
b)
They are discontinued by the foreign employer from the date of reversion.
c)
They are paid by both the foreign employer and the Government.
d)
They are adjusted against future government pay.
Answer: b) They are discontinued
by the foreign employer from the date of reversion.
20.
How are recoveries made when an addition is made to a regular establishment for
the benefit of certain persons?
a)
Based on the actual expenditure of each month.
b)
Based on the gross sanctioned cost of the service.
c)
Based on the foreign employer's assessment.
d)
Based on the railway servant's contributions.
Answer: b) Based on the gross
sanctioned cost of the service.
21.
How are persons transferred to railway service from a local fund treated?
a)
Their previous service counts as duty performed automatically.
b)
They are treated as joining a first post under Government with no previous
service counting.
c)
Their previous service is counted only if the foreign employer approves.
d)
Their service is counted after approval from the Accounts Officer.
Answer: b) They are treated as
joining a first post under Government with no previous service counting.
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