CHAPTER 20 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. |