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Rule 46 - Extra Income for Govt Employees | KartavyaDesk

FR/SR

Original Rule Text

F.R. 46. (a) Fees.—Subject to any rule made under Rule 46-A and & Rule 47, a Government servant may be permitted, if this can be done without detriment to his official duties and responsibilities, to perform a specified service or series of services for a private person or body or for a public body including a body administering a local fund and to receive a remuneration therefor, if the service be material, a non-recurring or recurring fee.

What This Means

FR 46 basically says that a government employee can take on extra work for someone outside the government (like a private company or even another government organization) and get paid for it. However, there are a few conditions. First, your boss has to say it's okay, meaning it won't interfere with your regular job duties. Second, the extra work has to be a specific task or set of tasks, and the payment you receive is considered a 'fee'.

This rule applies when a government servant's expertise is needed outside of their regular government work. Think of it as moonlighting, but with the government's permission. The fee can be a one-time payment or a recurring payment, depending on the nature of the service provided. It's important to remember that this is subject to other rules (FR 46-A and FR 47), which might have additional restrictions or guidelines. Ultimately, the goal is to ensure that government employees can use their skills and expertise, but not at the expense of their primary duties to the government.

Essentially, FR 46 allows government employees to earn extra income by providing services outside their regular job, as long as it doesn't harm their official responsibilities and they get proper permission. It's a way to utilize their skills for the benefit of others while still serving the government.

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

Key Points

  • Government servants can perform services for external entities (private, public, or local bodies).
  • Remuneration for these services is received as a 'fee' (recurring or non-recurring).
  • The service must not detrimentally affect the government servant's official duties and responsibilities.
  • Prior permission is required from the appropriate authority.
  • This rule is subject to other rules, specifically FR 46-A and FR 47.

Practical Example

Dr. Anika Sharma, a government doctor specializing in public health, is approached by a local NGO, 'Swasth Bharat Abhiyan,' to conduct a series of workshops on hygiene and sanitation in rural areas. The NGO offers her a fee of ₹10,000 per workshop. Dr. Sharma seeks permission from her department head, explaining that the workshops will be conducted on weekends and will not interfere with her hospital duties. After reviewing her request and ensuring that it aligns with government policy, the department head grants her permission under FR 46. Dr. Sharma successfully conducts the workshops and receives the agreed-upon fees from the NGO.

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

Frequently Asked Questions

Can I accept any amount of fee under FR 46?
While FR 46 allows for remuneration, specific limits or guidelines on the acceptable fee amount may be outlined in FR 46-A or FR 47, or other relevant government orders. Always check the latest instructions.
What happens if I provide services without permission?
Providing services and receiving remuneration without proper permission can be considered a violation of conduct rules and may lead to disciplinary action.
Does FR 46 apply to all government employees?
Yes, FR 46 applies to all government servants, but the interpretation and application may vary based on the specific department and nature of their duties. Some departments may have stricter guidelines.
Is the fee I receive under FR 46 taxable?
Yes, the fee received under FR 46 is considered income and is subject to income tax as per the prevailing tax laws.
What constitutes 'detriment to official duties'?
'Detriment to official duties' means that the additional service negatively impacts your ability to perform your regular government job effectively. This could include reduced productivity, absenteeism, or conflicts of interest.

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. 46, under what condition can a government servant be permitted to perform a service for a private entity and receive remuneration?

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