PART I
CHAPTER XII
Foreign Service
F.R. 109. The rules in this chapter apply to those Government servants only who are transferred to Foreign Service after these rules come into force. Government servants transferred previously will remain subject to the rules in force at the time of transfer.
F.R. 110. (a) No Government servant may be transferred to Foreign Service against his will:
Provided that this sub-rule shall not apply to the transfer of a Government servant to the service of a body, incorporated or not, which is wholly or substantially owned or controlled by the Government.
(b) Transfer to Foreign Service outside India and in India may be sanctioned by the Central Government subject to any restrictions, which it may deem fit to impose by general or special order.
F.R. 111. A transfer to Foreign Service is not admissible unless—
- the duties to be performed after the transfer are such as should, for public reasons, be rendered by a Government servant; and
- the Government servant transferred holds at the time of transfer, a post paid from General Revenues, or holds a lien on a permanent post, or would hold a lien on such a post had his lien not been suspended.
F.R. 112. If a Government 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.
F.R. 113. (i) A Government 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 to Rule 30(1) [now FR 22 (II)] 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.
(ii) 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.
F.R. 114. A Government servant in foreign 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.
F.R. 115. (a) While a Government 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 Clauses (a) and (b) above shall be paid by the Government 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 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 1. Pensions, throughout this Chapter, include Government contribution, if any, payable to a Government servant's credit in a Provident Fund.
NOTE 2. Deleted.
F.R. 116. The rate of contributions payable on account of pension and leave salary shall be such as the President may by general order prescribe.
F.R. 117. (a) The rates of pension contribution prescribed under Rule 116 will be designed to secure to the Government servant the pension that he would have earned by service under the 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 Government 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 Government servants paying their own contributions, such part of pay as may be paid as contributions, will count as pay for the purpose of Fundamental Rule 9 (21) (a) (i).
F.R. 118. Deleted.
F.R. 119. In the case of transfer to foreign service, the Central Government may—
- remit the contributions due in any specified case or class of cases; and
- make rules prescribing the rate of interest, if any, to be levied on overdue contributions.
F.R. 120. A Government servant in foreign service may not elect to withhold contributions and to forfeit the right to count as duty in Government service the time spent in foreign employ. The contribution 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 a contribution paid and no claim for refund can be entertained.
F.R. 121. A Government servant transferred to foreign service may not without the sanction of the Central Government, accept a pension or gratuity from his foreign employer in respect of such service.
F.R. 122. A Government 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.
F.R. 123. (a) A Government 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 beforehand, 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 Government servant’s leave account.
(b) In special circumstances, the authority sanctioning a transfer to foreign service out of India may make arrangement with the foreign employer, under which leave may be granted to the Government servant in accordance with the rules applicable to him as a Government servant, if the foreign employer pays to Central Government leave contribution at the rate prescribed under Fundamental Rule 116.
F.R. 124. A Government 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.
F.R. 125. A Government servant reverts from foreign service to Government service on the date on which he takes charge of his post in Government service:
Provided that if he takes leave on the conclusion of foreign service before joining his post, his reversion shall take effect from such date as the Central Government on whose establishment he is borne may decide.
F.R. 126. When a Government 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.
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: —
- The amount to be recovered shall be the gross sanctioned cost of service, or of the portion of the service, as the case may be, and shall not vary with the actual expenditure of any month.
- The cost of the service shall include contributions at such rates as may be laid down under Rule 116, and the contributions shall be calculated on the sanctioned rates of pay of the members of the establishment.
- The Central Government may reduce the amount of recoveries or may entirely forgo them.
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