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Rule 115 - Foreign Service Contributions | KartavyaDesk

FR/SR

Original Rule Text

(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.

What This Means

In essence, Rule 115(c) clarifies the financial responsibilities of government employees on foreign service, ensuring their benefits are protected while also outlining when these contributions are not required. It affects all government employees who are permitted to work for organizations outside the direct control of the Indian government.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Key Points

  • Government employees on foreign service are responsible for paying contributions (pension, leave salary).
  • The foreign employer can agree to pay the contributions on behalf of the employee.
  • Contributions are *not* payable during leave taken while in foreign service.
  • This rule ensures continuity of benefits for employees on foreign service.
  • It clarifies the financial responsibilities of both the employee and the foreign employer.

Practical Example

Ms. Priya Sharma, a government engineer, is seconded to the United Nations for a two-year foreign service assignment. According to Rule 115(c), Priya is responsible for paying her pension and leave salary contributions to the Indian government. However, the UN offers to cover these contributions as part of her compensation package. Therefore, the UN pays the contributions directly to the relevant government account. Later, Priya takes 15 days of leave during her foreign service. For those 15 days, no contribution is required from either Priya or the UN.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Frequently Asked Questions

What happens if the foreign employer only agrees to pay part of the contribution?
The government employee would be responsible for paying the remaining portion of the contribution.
Does 'leave' in this context include all types of leave?
Yes, 'leave' generally refers to all types of leave sanctioned during the period of foreign service.
What if the foreign employer fails to pay the agreed-upon contributions?
Ultimately, the responsibility rests with the government employee to ensure the contributions are paid. They may need to pursue the foreign employer for reimbursement.
Where do I find the exact rates for these contributions?
The specific rates for pension and leave salary contributions are determined by separate government orders and circulars, and can be obtained from your department's accounts section.
Does this rule apply to employees of state governments as well?
While the Fundamental and Supplementary Rules are primarily for central government employees, many state governments adopt similar rules. You should consult your state government's specific rules and regulations.

This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.

Test Your Knowledge

Question 1 of 3

According to Rule 115(c) of the Fundamental & Supplementary Rules, who is primarily responsible for paying the contributions (pension, leave salary) of a government servant on foreign service?

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