Rule 53 - Subsistence Allowance
Original Rule Text
F.R. 53. (1) A Government servant under suspension or deemed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely:-
(i) in the case of a Commissioned Officer of the Indian Medical Department or a Warrant Officer in Civil employ who is liable to revert to Military duty, the pay and allowances to which he would have been entitled had he been suspended while in military employment;
(ii) in the case of any other Government servant-
(a) a subsistence allowance at an amount equal to the leave salary which the Government servant would have drawn, if he had been on leave on half average pay or on half-pay and in addition, dearness allowance, if admissible on the basis of such leave salary:
Provided that where the period of suspension exceeds three months, the authority which made or is deemed to have made the order of suspension shall be competent to vary the amount of subsistence allowance for any period subsequent to the period of the first three months as follows:-
(i) the amount of subsistence allowance may be increased by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of the first three months, if, in the opinion of the said authority, the period of suspension has been prolonged for reasons to be recorded in writing, not directly attributable to the Government servant;
(ii) the amount of subsistence allowance, may be reduced by a suitable amount, not exceeding 50 per cent of the subsistence allowance admissible during the period of
the first three months, if, in the opinion of the said authority, the period of suspension has been prolonged due to reasons, to be recorded in writing, directly attributable to the Government servant;
(iii) the rate of dearness allowance will be based on the increased or, as the case may be, the decreased amount of subsistence allowance admissible under sub-clauses
(i) and
(ii) above.
(b)Any other compensatory allowances admissible form time to time on the basis of pay of which the Government servant was in receipt on the date of suspension subject to the fulfilment of other conditions laid down for the drawal of such allowances.
(2) No payment under sub-rule (1) shall be made unless the Government servant furnishes a certificate that he is not engaged in any other employment, business, profession or vocation:
Provided that in the case of a Government servant dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement, under sub-rule (3) or sub-rule (4) of Rule 12 of the Central Civil Services (Classification, Control and Appeal) Rules, 1957, and who fails to produce such a certificate for any period or periods during which he is deemed to be placed or to continue to be under suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earnings during such period or periods, as the case may be, fall short of the amount of subsistence allowance and other allowances that would otherwise be admissible to him; where the subsistence allowance and other allowances admissible to him are equal to or less than the amount earned by him, nothing in this proviso shall apply to him.
What This Means
F&SR Rule 53 deals with the subsistence allowance of a government employee who has been dismissed, removed, or compulsorily retired from service but is considered to be under suspension due to ongoing disciplinary proceedings. This situation arises when, after dismissal/removal/retirement, the employee is still subject to investigation or appeal processes. The rule essentially ensures that the employee receives a minimum level of financial support during this period of deemed suspension, even if they are earning income from other sources.
The core principle is that the employee is entitled to a subsistence allowance (a basic allowance to live on) and other allowances. However, if the employee earns income during this suspension period, the amount of subsistence allowance they receive will be adjusted. The government will only pay the difference if the earnings are less than what they would have received as subsistence allowance. If the earnings are equal to or greater than the subsistence allowance, they won't receive any additional payment under this rule.
This rule protects the employee from financial hardship during a potentially lengthy suspension period following dismissal/removal/retirement, while also preventing them from receiving double compensation (both earnings and full subsistence allowance) if they are already earning a sufficient income.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Applies to government servants dismissed, removed, or compulsorily retired but deemed under suspension.
- 2Deals with the calculation of subsistence allowance during the deemed suspension period.
- 3Subsistence allowance is adjusted based on the employee's earnings during the suspension.
- 4If earnings exceed the subsistence allowance, no additional payment is made.
- 5Rule aims to provide a minimum financial safety net during the suspension period.
Practical Example
Mr. Verma, a government employee, was compulsorily retired due to allegations of corruption. Following his retirement, he was deemed to be under suspension as the inquiry continued. His subsistence allowance was fixed at ₹15,000 per month. During the suspension period, Mr. Verma started a small business and earned ₹10,000 per month.
According to Rule 53, Mr. Verma is entitled to the difference between his subsistence allowance (₹15,000) and his earnings (₹10,000). Therefore, he will receive an additional ₹5,000 from the government as subsistence allowance. If Mr. Verma had earned ₹20,000 per month, he would not receive any subsistence allowance because his earnings exceed the allowance amount.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Cross References
Frequently Asked Questions
What happens if I don't provide proof of my earnings during the suspension period?▼
Does this rule apply if I resign from my post?▼
What are 'other allowances' mentioned in the rule?▼
If my suspension is revoked and I am reinstated, what happens to the subsistence allowance I received?▼
Where can I find the Central Civil Services (Classification, Control and Appeal) Rules, 1957?▼
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&SR Rule 53, to which category of government servants does the rule regarding subsistence allowance during deemed suspension primarily apply?