KartavyaDesk

Rule 121 - Foreign Service Gratuity | KartavyaDesk

FR/SR

Original Rule Text

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.

What This Means

F.R. 121 deals with government employees who are transferred to 'foreign service'. Foreign service, in this context, doesn't mean working for the Ministry of External Affairs. It refers to a situation where a government servant is deputed to work for an organization that isn't directly under the Central or State Government's control. This could be an autonomous body, a private company (where the government has some stake), or even an international organization.

The rule essentially states that if you are a government employee on foreign service, you cannot accept a pension or gratuity from your foreign employer without the Central Government's permission. This is to prevent potential conflicts of interest and ensure that your primary loyalty remains with the Indian government, even while working outside of its direct control. The rule applies to all government servants governed by the Fundamental Rules and Supplementary Rules.

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

Key Points

  • •Applies to government servants on 'foreign service' (deputation to non-government entities).
  • •Prohibits accepting pension or gratuity from the foreign employer without Central Government sanction.
  • •Aims to prevent conflicts of interest and maintain loyalty to the Indian government.
  • •The 'foreign employer' can be an autonomous body, private company, or international organization.
  • •The rule is applicable to all government employees governed by F.R. and S.R.

Practical Example

Mr. Sharma, a Section Officer in the Ministry of Finance, is deputed to work for the National Housing Bank (NHB), an autonomous body, for a period of three years. After completing his tenure at NHB, they offer him a gratuity of ₹2,00,000 in recognition of his services. According to F.R. 121, Mr. Sharma cannot accept this gratuity without first obtaining the sanction of the Central Government (Ministry of Finance). He needs to apply through the proper channels, explaining the circumstances and seeking permission to accept the gratuity. The government will then assess the situation and decide whether granting permission is appropriate.

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

Frequently Asked Questions

What constitutes 'foreign service' under F.R. 121?▼
'Foreign service' refers to a government servant's service with an organization that is not directly under the control of the Central or State Government. This includes autonomous bodies, private companies with government stakes, and international organizations.
Why is Central Government sanction required to accept a pension or gratuity?▼
The sanction is required to prevent potential conflicts of interest and ensure that the government servant's loyalty remains with the Indian government, even while serving outside its direct control. It also ensures transparency and accountability.
What happens if a government servant accepts a pension or gratuity without sanction?▼
Accepting a pension or gratuity without the necessary sanction could lead to disciplinary action, including penalties or even dismissal from service. The amount received might also have to be returned.
Does this rule apply to contractual employees of the government?▼
F.R. 121 primarily applies to government servants governed by the Fundamental Rules and Supplementary Rules. The applicability to contractual employees would depend on the terms and conditions of their contract.
What factors does the Central Government consider while granting sanction?▼
The Central Government considers various factors, including the nature of the foreign service, the amount of the pension or gratuity, the potential for conflict of interest, and the overall impact on the government servant's impartiality.

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 F.R. 121, a government servant transferred to foreign service requires whose sanction to accept a gratuity from their foreign employer?

Related Rules

Rule 36Fundamental Rules & Supplementary Rules - Rule 36 - Chapter IIRule 10Fundamental Rules & Supplementary Rules - Rule 10 - Chapter IIRule 1Fundamental Rules & Supplementary Rules - Rule 1Rule 114Fundamental Rules & Supplementary Rules - Rule 114 - Chapter VIIRule 113Fundamental Rules & Supplementary Rules - Rule 113 - Chapter VII

Need help understanding this rule?

Ask Niti — your AI assistant for FR/SR and other government rules