Indian Railways

INDIAN RAILWAY ESTABLISHMENT CODE

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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.

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