Main Article - Oct, 2006
GUIDELINES FOR ACCEPTANCE OF FOREIGN ASSIGNMENTS AND RELATED ISSUES
Ch. Srinivasa Rao
Under Secretary
Council of Scientific & Industrial Research
New Delhi
Introduction
In the backdrop of globalization, the borders of knowledge-countries got merged for good. The post-reforms era paved way to exchange of knowledge-base among various countries. The so-called ‘brain-drain’ has virtually become ‘brain-gain’, besides filling the coffers of the Govt. The free-flow of human resources has been enabling the country to progress in leaps and bounds. There has been considerable increase in the attrition rate among multi-national companies and the like. However, mobility among the public sector and Govt. employees has not been that active as there are a number of restrictions in seeking assignments abroad. The Govt. of India have its own limitations in freely allowing its human resources to move around. Added to it, no Govt. employee would venture to forgo the comfort of job security.
An attempt has been made here to bring out the nuances of various issues involved in acceptance of foreign assignments by the Govt./CSIR employees.
Foreign posts of the GoI
Foreign posts of GoI would include the posts in the Indian Missions abroad under the administrative control of the Ministries of Finance, Commerce, etc. (other than the Ministry of External Affairs), the overseas Offices of the Ministry of Tourism, Civil Aviation, etc., the Indian Investment Centre and similar other public bodies. Selection for these posts will be made through Civil Services Board under Central Staffing Scheme. The Officers appointed to the posts would be allowed a tenure of 3 years which will not count towards the ceiling of duration prescribed for assignments under the International organizations.
Captive posts of the GoI
The captive posts of GoI in the International organizations limited to the Indian officials. These include the posts of Executive Directors in the World Bank, International Monetary Fund, Asian Developmental Bank, etc. Selections for these posts would be made according to the procedure prescribed for appointment of the Central Staffing Scheme of GoI. The tenure of these officials will be subject to the provisions relating to the prescribed ceiling on tenure, cooling-off period, recruitment, etc.
Bilateral assignments
Bilateral assignments to the developing countries of Asia, Pacific, Africa and Latin America, etc. will cover assignments under the Indian Economic Technical Cooperation and similar other programmes and contract appointments in the Govts. and 'para-statal' organisations which will be remunerated by the concerned countries. Normally, all organised recruitment of experts at graduate professional level and above should be on a Govt.-to-Govt. basis. In addition, individual Officers may also secure such assignments directly or by making applications in response to open advertisements, following the prescribed procedure.
Selection would be as per the scheme being operated by the Ministry of External Affairs and the Department of Personnel & Training.
International assignments
International assignments covers assignments under the International organizations such as UN and its specialized agencies, World Bank, International Monetary Fund, Asian Developmental Bank, the Commonwealth Secretariat including the Commonwealth Fund for Technical Cooperation, multinational institutions, various Governments, para-statal organizations and public institutions like Universities, Research and Academic Institutions in the oil-rich, and developed countries.
International assignments are categorized on the basis of locations and duration. There are posts at the Secretariat or HQs. of an International organisation which are subject to the country-quota restrictions which may include key positions/posts of critical importance which the Govt. would like its Official nominees to hold. Most of the assignments are project-related field jobs, operated in the developing countries under the auspices of the internal organisations. These are professional jobs and final selection is usually made by the host-country Govt. in consultation with the International agency.
Registration
The DOPT maintains two data banks of Indian experts in accordance with their specialization which comprise of (i) the panel for bilateral assignments; and (ii) the list of experts in various disciplines for International organizations. Applications for registration in the panel for bilateral assignments are invited through proper channel from Indian nationals both in Govt. and outside in a prescribed form. The experts are registered in the order of receipt of application. The registration will be valid for a period of 3 years. As and when a request for assignment is received, experts registered under the relevant fields are recommended depending upon their suitability in specific jobs.
The Govt. employees may get their names registered in the rosters maintained by the International organizations by sending their applications directly, duly keeping their cadre authority informed. In order to cut down processing time, the nodal Ministries may also maintain Panels of Experts for different specializations.
Nomination by the Govt.
The Govt. may field/nominate suitable persons under any of the following circumstances:
a) as and when vacancy notices or requests are received by the Govt.;
b) information regarding the possible vacancies and the details of the posts are made available by the Indian Missions abroad, individual Officers and other sources including open advertisements; and
c) the nodal Ministry/DOPT identifies key or important posts with a view to making nominations, depending upon the nature and importance of the posts and the expertise available.
In case of specific vacancy, the Govt. may field the most suitable candidates who have a good chance of being finally selected for the post. When an Officer is nominated by the Govt. for a specific International assignment, he would be treated as the “Official Nominee”, and it may even canvass support for his candidature.
The nodal Ministries will finalize the nominations for:
i) the posts in the Secretariat or HQs. of an International organisation up to and including P-4 level*; and
[* Officers with 9-14 years of IAS or equivalent service. Technical and other Officers who could be equated with Dy. Secretaries to the GoI. In other cases Officers drawing (pre-revised) Rs.3,700/- to Rs.5,000/- (revised: Rs.12,000-16,500]
ii) Project-related field jobs up to and including P-5 level*
[* Officers with 14-17 years of IAS or equivalent service. Technical and other Officers who could be equated with Directors in the GOI. In other cases, Officers drawing (pre-revised) Rs.4,500 to Rs.5,700/- (revised: Rs. 14,300-18,300)].
The nodal Ministry will be assisted by a Foreign Assignment Selection Committee in screening the applications received and suggest names. Applications or nominations will be forwarded to the DOPT for screening which would screen the applications and submit the same to the Civil Services Board (CSB)/Cabinet Secretary for final selection. The nodal Ministry will obtain cadre clearance from the concerned cadre-controlling authorities before forwarding the finalized names to the concerned International organizations.
If the time available is short or in special circumstances, the DOPT will obtain applications/nominations from the concerned agencies in the Central/State Govts. and make appropriate recommendations.
In respect of the vacancies identified as key posts; and the posts considered to be of critical importance, the Govt. would on its own nominates the best candidate available rather than a number of candidates, as there would be competition with the nationals of other countries. Such a candidate would be required to resign/seek retirement from Govt. service on selection.
Deputation of Indian Officials abroad contributes to mutual good will and understanding between India and the foreign country concerned, it would be largely in the public interest if the lien of Govt./Public Sector employee selected for a foreign assignment is retained.
Prescribed levels
For the posts in the Secretariat of an International organization, some similarity between the ranks of the Officers of the Govt. with the salary levels in the International agency would be ensured at the time of nomination. However, for project-related field assignments, such similarity may not be insisted upon.
Open advertisement
The Govt. employees may apply in response to the open or public advertisement with the prior permission of the cadre-controlling authority. If the time available is short, the Officer may send his application in advance with a copy endorsed to his cadre authority. The applicant may have to subsequently withdraw his application, if the authority decides otherwise. Correspondence to this effect would be between the applicant and the cadre authority only. In case of selection, such candidate will not be accorded the status of ‘Official nominee” for the assignment.
Method of selection
Governmental agencies deal with various aspects relating to the nomination, selection and appointment of the Govt. employees. Each International agency is dealt with by a nodal Ministry. The primary criteria for permitting a Govt. employee to take up an assignment would be sparing him from the point of exigency of public service. Other issues being:
a) nomination by the Government;
b) direct offer from International organs/foreign Govt. due to past work/expertise;
c) application made in response to an open advertisement; and
d) by being picked up from the roster of an International organization
Cadre clearance
In all cases of foreign assignments, cadre clearance from the cadre-controlling authority is to be obtained before an Officer is allowed to accept an assignment. Before giving cadre clearance to an Officer, the competent authority must satisfy itself that:
a) the Officer can be spared from the exigencies of public service for the duration of the assignment;
b) the Officer satisfies the ‘cooling-off’ requirement from his previous assignment;
c) the ceiling on the total period of assignment, wherever applicable, is not exceeded; and
d) no disciplinary proceeding is pending against the Officer
In case of nomination, cadre clearance should be given at the time of nomination itself. In respect of Officers working in the posts under the Central Staffing Scheme, clearance of the DOPT would also be required. In all other cases, it will be obtained on receiving a communication from the International organisation.
If any category of expertise should be declared as “scarce” by the GOI, so as not to permit an easy exit of Indian experts in that particular field for foreign assignment, the nodal administrative Ministry should send suitable proposal to the DOPT for issue of appropriate orders.
In respect of State Govt. employees, the State Govts. are free to decide whether to permit the expert to accept the foreign assignment or not.
Direct offers
In case of an offer of assignment by an International agency or friendly foreign Govt. directly to a Govt. employee due to his past work or expertise, the employee has to take clearance from cadre-controlling authority as well as from the DOPT before accepting the offer.
Instructions on “Foreign Assignment of Indian Experts” prohibit Indian Officers who are dealing with International organizations from taking up foreign assignments in these organizations for a period of two years after they have relinquished charge of their post. The Appointments Committee of the Cabinet (ACC) imposes strict compliance on cadre-controlling authorities to ensure that the Officers of their respective cadres do not take up direct offers relating to foreign assignments/consultancies without the prior clearance of the Foreign Assignments (UN) Division of DOPT, GoI. Any deviation from the instructions would attract disciplinary action.
Assignments vis-à-vis mode of treatment
Scientists, Technologists and Medical specialists can be permitted to take up full time “Assignments” as Visiting Professors, Research Students, etc. in Universities or Scientific/Medical Institutions in the over all interest of research and development; provided:
i) Extraordinary Leave is granted for such period of assignments
i) should not exceed two years duration at a time
ii) Pension contribution is paid to the parent department by the employee. In case, an employee is governed by CPF Rules, he should contribute Employer’s share of contribution.
Where the Govt. of India sponsors a Govt. servant for a short term assignment/ consultancy with UN and other International Agency and the Govt. servant so sponsored is paid by the Agency only subsistence allowance (daily allowance) or consultancy fee/honorarium or both and not pay and allowances as per its own rules the Govt. servant would be treated as on “deputation” to the Agency and allowances would be paid by the Govt. of India. The Govt. servant would be treated as on duty for the entire period of deputation with the Agency. Contributions towards leave salary and pension are not payable in such cases.
Where a Govt. Servant is permitted by Govt. to take up short term assignment/ consultancy with UN and other International Agencies and the Agency offers only subsistence allowance or fee/honorarium or both, the period of absence of the Govt. servant would be treated as “leave due and admissible” to him. No contribution on account of leave salary and pension will be payable in such cases.
Employment during Leave
Rule 13 of the Central Civil Services (Leave) Rule, 1972 provides that an Officer on leave is prohibited from taking up any service or employment, without obtaining the previous sanction of the competent authority during the period of his leave. It is clarified that in cases where the Officer is permitted to take up foreign assignment/ consultancy with UN and other bodies, permission by the competent authority to the Officer to accept assignment/consultancy would automatically carry with it also the permission under Rule 13 of the CCS (Leave) Rules, 1972.
In the following cases, Assignments shall be allowed on “foreign service” terms only:
i) Govt. to Govt. level assignments
ii) Assignment through the DOPT and MEA, GoI
iii) Assignments through UN agencies and International agencies
Further, where an employee is paid pay and allowances by the Agency according to its own rules, the period of deputation shall be treated as on “foreign service”. During the period of foreign service, either the Agency or the employee himself/herself shall have to pay Pension Contribution and Leave Salary as per rules. In case these payments are not made either by the Agency or the concerned employee, the period spent on foreign service will not count as qualifying service for pension and for determining leave entitlement.
In the case of Govt. servant whose appointment with the Govt. is on “contract” basis, if the duration of assignment/consultancy with UN or other International Agencies is more than 45 days, the contract appointment should be terminated w.e.f. the date he hands over charge for taking up the assignment/ consultancy. If the services of the official are required after completion of the assignment/consultancy with the Agency, his appointment will have to be on a fresh basis.
Ceiling on tenure
Assignments to developing countries under bilateral agreements and under the Indian Technical Economic Cooperation Programme have been exempted from the ceiling of duration of 5 years. However, assignments to oil-rich countries, attract the ceiling laid down. In the normal course, an Indian expert should be sent on foreign assignment for a definite period which should be clearly indicated in the order of deputation. The ceiling of five years has to be kept in mind while issuing the deputation order.
An Officer who has gone abroad on study leave or on training should not be permitted to accept any foreign assignment/consultancy abroad in continuation of the study leave or training.
An Officer may be permitted to remain on long term assignments adding up to the maximum of 5 years during the first 25 years of service; and beyond 25 years of service, there would be no ceiling. If an Officer is on a long term assignment at the time of completing 25 years of service, he has to undergo two years cooling-off period at the end of the assignment before becoming eligible to take up another long term assignment. The ceiling is not applicable to the foreign posts of GOI, bilateral assignments to the developing countries and the UN volunteers.
As such, when an Officer completes 24 months of long term assignment undertaken either in one spell or in different spells, he would not be considered for empanelment for posts of Jt. Secretary and equivalent under the Central Staffing Scheme for a period of 'two' years upon his return from the assignment. Similarly in case of an Officer eligible to be empanelled as Addl. Secretary/Secretary, the corresponding period would be 'one' year.
Over and above the five year ceiling, an Officer may be allowed to undertake short term consultancies for an International organisation or foreign Govt. up to a maximum of 25 months during entire career, if the cadre authority is able to spare his services without any substitute. No assignment should exceed 90 days during a calendar year. An Officer returning from a foreign assignment exceeding 180 days would not be eligible to go for a long term assignment for a period of two years.
Extension beyond 5 years
In cases where it becomes necessary to consider an extension of the period of foreign assignment of an Indian expert beyond the 5th year, while submitting the proposal to the DOPT, the sponsoring Govts./Ministries/Departments must ensure that a full-fledged proposal is submitted at least three months before the end of 5th year of the assignment. Late submission of proposals will be viewed as serious violation of instructions.
The proposal should be accompanied by (a) a letter from the Govt. of the host-country seeking extension of tenure of the Indian expert, giving reasons for doing so; (b) comments of the Indian Embassy/High Commission in the host-country; and (c) recommendation of the parent organisation of the Indian expert.
Restrictions
The Officers in a nodal Ministry of GOI/Office of the Head of the Department/ Attached and Subordinate Offices of the Govt./Indian Missions abroad who are directly dealing with an International organisation in a coordinating or nodal capacity shall not be allowed to take up assignments in the Secretariat of the concerned organisation for a period of 2 years after they relinquished charge of their posts. However, in exceptional cases, the Govt. may nominate suitable persons the recommendation of the CSB/Cabinet Secretary with the approval of the Prime Minister. Senior civil servants of and above the level of Joint Secretary to the GoI of all services either working at the Centre or with the State Govts. should interact with International Agencies only in their official capacity and may not accept short term assignments with such agencies offered directly by International agencies.
Resignation/Voluntary retirement
The persons deputed to the UN Agencies and other International organisations or those on bilateral assignments choose to continue beyond the permissible period, they can resign from service without returning to India and to their parent department. Govt. employees deputed on Indian Technical Economic Cooperation assignment and other Aid programmes; posted abroad in a foreign based Officer of a Ministry/ Department or on a specific contract assignment to foreign Govt. should not be allowed to resign or retire voluntarily while serving abroad unless after their having transferred to India, resume the charge of the post and serve for a period of not less than one year, as the GOI bears the salary and other expenses of such persons.
Retiring from Int’l. Organizations
International Organisations like World Bank have reduced the period of number of years from five to three to become eligible for pension. Hence, it has been decided that if a Govt. Officer becomes entitled to pensionary benefits (as distinguished from withdrawal benefits) from any International Organisation and opts to avail of the retirement benefits under the rules of aforesaid Organisation, he will not be required to make pension contribution for that period and such period will not qualify for pension under Govt. Pension contribution made, if any, for such a period to G.O.I. will be refunded to him.
Pension contribution & Leave salary
The Pension Contribution and Leave Salary have to be paid annually within fifteen days from the end of each financial year or at the end of the foreign service whichever is earlier in foreign currency in which salary is paid. Penal interest would be levied, if payment is not made within the said period. The Govt. servant will continue to subscribe to GPF. In case he has opted for CPF benefits, he/she will have to pay his/her contribution as well as employer’s share of contribution according to rules of CSIR on the basis of pay which he would have drawn had he remained on duty in India.
The amount of gratuity which he may get from foreign employer on completion of his assignment will be credited to his GPF/CPF Account. This amount will be refunded to him as part of his retirement benefits.
Exemption from operation of SR-12
SR-12 of FRs & SRs specifies that “unless the President by special order otherwise directs, one third of any fees in excess of Rs.1,500/- paid to a Govt. Servant in a financial year shall be credited to the Consolidated Fund of India.
Scientists, technologists and medical specialists working under the Central Govt., who, in the over all interest of research and development are permitted by Govt. to take full time assignment by grant of EOL not exceeding two years either in foreign countries or within the country, as Visiting Professors, students, etc., in Universities or Scientific/Medical Institutions, may be allowed to retain in toto the remuneration received by them, subject to their paying Pension Contribution and Leave Salary Contribution.
The benefit under SR-12 will not be applicable to (a) temporary employees with less than three years continuous service; and (b) re-employed pensioners. Persons appointed on contract will also not be eligible unless they have put in not less than three years of service under the Central Govt. and they give an undertaking to serve the Govt. on return from foreign assignment for a period of at least three years whether on contract or otherwise.
Miscellaneous
1. In order to grant Assignment, the Govt. servant should have put in two years of regular service
2. The period of assignment cannot be combined with deputation. However, it can be combined with official business trips.
3. Assignment does not include regular appointment to the visiting Institute/Agency.
4. Official deputation or assignment will not bar the applicant to avail Sabbatical leave even if such deputation period exceeds a year.
5. A Govt. servant permitted to take up foreign assignment/consultancy with the World Organisations such as United Nations, World Bank, FAO, ESCAP, etc. will not be entitled to any other payments or concessions from the Govt. of India and the other terms and conditions, like those for passage, TA, etc. will be as settled with the borrowing organisation.
References
1. GOI MHA DPAR O.M.No.16013/1/70-Estt.-Allowances dt. 11-2-1980
2. GOI MHA DPAR O.M.No.16013/1/70-Estt.Allowances dt. 15-10-1983
3. GOI DOPT Lr. No.18/10/91-FA(UN) dt. 20-6-1991
4. GOI DOPT Lr. No.1/1/93-FAS dt. 6-1-1993
5. GOI DOPT Lr. No.1/1/93-FAS dt. 6-10-1993
6. GOI DOPT Lr. No.1/1/93-FAS dt. 3-6-1994
7. GOI DOPT Lr. No.9/7/92-FA(UN) dt. 29-5-1995
8. GOI MPPG&P DP&T Lr. No.1/1/93-FAS dt. 6-10-93; CSIR Lr.No.17(2273)/95-ISC dt. 26-6-1995
9. GOI MPPG&P (DP&T) O.M. No.1/3/95/Estt.(Pay. II) dt. 11-6-1995; CSIR Endt. No. 1(11)/95-PEN/287 dt. 10-7-1995
10. “Foreign Deputation Guidelines: 1996”, CSIR (1996)
11. GOI DP&T O.M. No.4/3/95-FA(UN) dt. 23-8-1996; Swamysnews, Dec. 1996, 98
12. GOI DOPT Lr. No.1/10/2001-FA(UN) dt.21-7- 2004; Swamysnews, Sept. 2004, 36-7
13. GOI DP&T MPPG&P D.O.Lr.No.3/2/2006-FA(UN) dt. 28-4-2006
14. GOI MOST DSIR O.M.No.A-60011/01/2006-Admn. dt.22-5-2006 & DO No.3/2/2006- FA(UN) dt. 28-4-2006; CSIR Endt. No.17(Misc.)(Cir.)/2004-ISTAD dt. 6-6-2006
.o.
Ch. Srinivasa Rao
Under Secretary
Council of Scientific & Industrial Research
New Delhi
Introduction
In the backdrop of globalization, the borders of knowledge-countries got merged for good. The post-reforms era paved way to exchange of knowledge-base among various countries. The so-called ‘brain-drain’ has virtually become ‘brain-gain’, besides filling the coffers of the Govt. The free-flow of human resources has been enabling the country to progress in leaps and bounds. There has been considerable increase in the attrition rate among multi-national companies and the like. However, mobility among the public sector and Govt. employees has not been that active as there are a number of restrictions in seeking assignments abroad. The Govt. of India have its own limitations in freely allowing its human resources to move around. Added to it, no Govt. employee would venture to forgo the comfort of job security.
An attempt has been made here to bring out the nuances of various issues involved in acceptance of foreign assignments by the Govt./CSIR employees.
Foreign posts of the GoI
Foreign posts of GoI would include the posts in the Indian Missions abroad under the administrative control of the Ministries of Finance, Commerce, etc. (other than the Ministry of External Affairs), the overseas Offices of the Ministry of Tourism, Civil Aviation, etc., the Indian Investment Centre and similar other public bodies. Selection for these posts will be made through Civil Services Board under Central Staffing Scheme. The Officers appointed to the posts would be allowed a tenure of 3 years which will not count towards the ceiling of duration prescribed for assignments under the International organizations.
Captive posts of the GoI
The captive posts of GoI in the International organizations limited to the Indian officials. These include the posts of Executive Directors in the World Bank, International Monetary Fund, Asian Developmental Bank, etc. Selections for these posts would be made according to the procedure prescribed for appointment of the Central Staffing Scheme of GoI. The tenure of these officials will be subject to the provisions relating to the prescribed ceiling on tenure, cooling-off period, recruitment, etc.
Bilateral assignments
Bilateral assignments to the developing countries of Asia, Pacific, Africa and Latin America, etc. will cover assignments under the Indian Economic Technical Cooperation and similar other programmes and contract appointments in the Govts. and 'para-statal' organisations which will be remunerated by the concerned countries. Normally, all organised recruitment of experts at graduate professional level and above should be on a Govt.-to-Govt. basis. In addition, individual Officers may also secure such assignments directly or by making applications in response to open advertisements, following the prescribed procedure.
Selection would be as per the scheme being operated by the Ministry of External Affairs and the Department of Personnel & Training.
International assignments
International assignments covers assignments under the International organizations such as UN and its specialized agencies, World Bank, International Monetary Fund, Asian Developmental Bank, the Commonwealth Secretariat including the Commonwealth Fund for Technical Cooperation, multinational institutions, various Governments, para-statal organizations and public institutions like Universities, Research and Academic Institutions in the oil-rich, and developed countries.
International assignments are categorized on the basis of locations and duration. There are posts at the Secretariat or HQs. of an International organisation which are subject to the country-quota restrictions which may include key positions/posts of critical importance which the Govt. would like its Official nominees to hold. Most of the assignments are project-related field jobs, operated in the developing countries under the auspices of the internal organisations. These are professional jobs and final selection is usually made by the host-country Govt. in consultation with the International agency.
Registration
The DOPT maintains two data banks of Indian experts in accordance with their specialization which comprise of (i) the panel for bilateral assignments; and (ii) the list of experts in various disciplines for International organizations. Applications for registration in the panel for bilateral assignments are invited through proper channel from Indian nationals both in Govt. and outside in a prescribed form. The experts are registered in the order of receipt of application. The registration will be valid for a period of 3 years. As and when a request for assignment is received, experts registered under the relevant fields are recommended depending upon their suitability in specific jobs.
The Govt. employees may get their names registered in the rosters maintained by the International organizations by sending their applications directly, duly keeping their cadre authority informed. In order to cut down processing time, the nodal Ministries may also maintain Panels of Experts for different specializations.
Nomination by the Govt.
The Govt. may field/nominate suitable persons under any of the following circumstances:
a) as and when vacancy notices or requests are received by the Govt.;
b) information regarding the possible vacancies and the details of the posts are made available by the Indian Missions abroad, individual Officers and other sources including open advertisements; and
c) the nodal Ministry/DOPT identifies key or important posts with a view to making nominations, depending upon the nature and importance of the posts and the expertise available.
In case of specific vacancy, the Govt. may field the most suitable candidates who have a good chance of being finally selected for the post. When an Officer is nominated by the Govt. for a specific International assignment, he would be treated as the “Official Nominee”, and it may even canvass support for his candidature.
The nodal Ministries will finalize the nominations for:
i) the posts in the Secretariat or HQs. of an International organisation up to and including P-4 level*; and
[* Officers with 9-14 years of IAS or equivalent service. Technical and other Officers who could be equated with Dy. Secretaries to the GoI. In other cases Officers drawing (pre-revised) Rs.3,700/- to Rs.5,000/- (revised: Rs.12,000-16,500]
ii) Project-related field jobs up to and including P-5 level*
[* Officers with 14-17 years of IAS or equivalent service. Technical and other Officers who could be equated with Directors in the GOI. In other cases, Officers drawing (pre-revised) Rs.4,500 to Rs.5,700/- (revised: Rs. 14,300-18,300)].
The nodal Ministry will be assisted by a Foreign Assignment Selection Committee in screening the applications received and suggest names. Applications or nominations will be forwarded to the DOPT for screening which would screen the applications and submit the same to the Civil Services Board (CSB)/Cabinet Secretary for final selection. The nodal Ministry will obtain cadre clearance from the concerned cadre-controlling authorities before forwarding the finalized names to the concerned International organizations.
If the time available is short or in special circumstances, the DOPT will obtain applications/nominations from the concerned agencies in the Central/State Govts. and make appropriate recommendations.
In respect of the vacancies identified as key posts; and the posts considered to be of critical importance, the Govt. would on its own nominates the best candidate available rather than a number of candidates, as there would be competition with the nationals of other countries. Such a candidate would be required to resign/seek retirement from Govt. service on selection.
Deputation of Indian Officials abroad contributes to mutual good will and understanding between India and the foreign country concerned, it would be largely in the public interest if the lien of Govt./Public Sector employee selected for a foreign assignment is retained.
Prescribed levels
For the posts in the Secretariat of an International organization, some similarity between the ranks of the Officers of the Govt. with the salary levels in the International agency would be ensured at the time of nomination. However, for project-related field assignments, such similarity may not be insisted upon.
Open advertisement
The Govt. employees may apply in response to the open or public advertisement with the prior permission of the cadre-controlling authority. If the time available is short, the Officer may send his application in advance with a copy endorsed to his cadre authority. The applicant may have to subsequently withdraw his application, if the authority decides otherwise. Correspondence to this effect would be between the applicant and the cadre authority only. In case of selection, such candidate will not be accorded the status of ‘Official nominee” for the assignment.
Method of selection
Governmental agencies deal with various aspects relating to the nomination, selection and appointment of the Govt. employees. Each International agency is dealt with by a nodal Ministry. The primary criteria for permitting a Govt. employee to take up an assignment would be sparing him from the point of exigency of public service. Other issues being:
a) nomination by the Government;
b) direct offer from International organs/foreign Govt. due to past work/expertise;
c) application made in response to an open advertisement; and
d) by being picked up from the roster of an International organization
Cadre clearance
In all cases of foreign assignments, cadre clearance from the cadre-controlling authority is to be obtained before an Officer is allowed to accept an assignment. Before giving cadre clearance to an Officer, the competent authority must satisfy itself that:
a) the Officer can be spared from the exigencies of public service for the duration of the assignment;
b) the Officer satisfies the ‘cooling-off’ requirement from his previous assignment;
c) the ceiling on the total period of assignment, wherever applicable, is not exceeded; and
d) no disciplinary proceeding is pending against the Officer
In case of nomination, cadre clearance should be given at the time of nomination itself. In respect of Officers working in the posts under the Central Staffing Scheme, clearance of the DOPT would also be required. In all other cases, it will be obtained on receiving a communication from the International organisation.
If any category of expertise should be declared as “scarce” by the GOI, so as not to permit an easy exit of Indian experts in that particular field for foreign assignment, the nodal administrative Ministry should send suitable proposal to the DOPT for issue of appropriate orders.
In respect of State Govt. employees, the State Govts. are free to decide whether to permit the expert to accept the foreign assignment or not.
Direct offers
In case of an offer of assignment by an International agency or friendly foreign Govt. directly to a Govt. employee due to his past work or expertise, the employee has to take clearance from cadre-controlling authority as well as from the DOPT before accepting the offer.
Instructions on “Foreign Assignment of Indian Experts” prohibit Indian Officers who are dealing with International organizations from taking up foreign assignments in these organizations for a period of two years after they have relinquished charge of their post. The Appointments Committee of the Cabinet (ACC) imposes strict compliance on cadre-controlling authorities to ensure that the Officers of their respective cadres do not take up direct offers relating to foreign assignments/consultancies without the prior clearance of the Foreign Assignments (UN) Division of DOPT, GoI. Any deviation from the instructions would attract disciplinary action.
Assignments vis-à-vis mode of treatment
Scientists, Technologists and Medical specialists can be permitted to take up full time “Assignments” as Visiting Professors, Research Students, etc. in Universities or Scientific/Medical Institutions in the over all interest of research and development; provided:
i) Extraordinary Leave is granted for such period of assignments
i) should not exceed two years duration at a time
ii) Pension contribution is paid to the parent department by the employee. In case, an employee is governed by CPF Rules, he should contribute Employer’s share of contribution.
Where the Govt. of India sponsors a Govt. servant for a short term assignment/ consultancy with UN and other International Agency and the Govt. servant so sponsored is paid by the Agency only subsistence allowance (daily allowance) or consultancy fee/honorarium or both and not pay and allowances as per its own rules the Govt. servant would be treated as on “deputation” to the Agency and allowances would be paid by the Govt. of India. The Govt. servant would be treated as on duty for the entire period of deputation with the Agency. Contributions towards leave salary and pension are not payable in such cases.
Where a Govt. Servant is permitted by Govt. to take up short term assignment/ consultancy with UN and other International Agencies and the Agency offers only subsistence allowance or fee/honorarium or both, the period of absence of the Govt. servant would be treated as “leave due and admissible” to him. No contribution on account of leave salary and pension will be payable in such cases.
Employment during Leave
Rule 13 of the Central Civil Services (Leave) Rule, 1972 provides that an Officer on leave is prohibited from taking up any service or employment, without obtaining the previous sanction of the competent authority during the period of his leave. It is clarified that in cases where the Officer is permitted to take up foreign assignment/ consultancy with UN and other bodies, permission by the competent authority to the Officer to accept assignment/consultancy would automatically carry with it also the permission under Rule 13 of the CCS (Leave) Rules, 1972.
In the following cases, Assignments shall be allowed on “foreign service” terms only:
i) Govt. to Govt. level assignments
ii) Assignment through the DOPT and MEA, GoI
iii) Assignments through UN agencies and International agencies
Further, where an employee is paid pay and allowances by the Agency according to its own rules, the period of deputation shall be treated as on “foreign service”. During the period of foreign service, either the Agency or the employee himself/herself shall have to pay Pension Contribution and Leave Salary as per rules. In case these payments are not made either by the Agency or the concerned employee, the period spent on foreign service will not count as qualifying service for pension and for determining leave entitlement.
In the case of Govt. servant whose appointment with the Govt. is on “contract” basis, if the duration of assignment/consultancy with UN or other International Agencies is more than 45 days, the contract appointment should be terminated w.e.f. the date he hands over charge for taking up the assignment/ consultancy. If the services of the official are required after completion of the assignment/consultancy with the Agency, his appointment will have to be on a fresh basis.
Ceiling on tenure
Assignments to developing countries under bilateral agreements and under the Indian Technical Economic Cooperation Programme have been exempted from the ceiling of duration of 5 years. However, assignments to oil-rich countries, attract the ceiling laid down. In the normal course, an Indian expert should be sent on foreign assignment for a definite period which should be clearly indicated in the order of deputation. The ceiling of five years has to be kept in mind while issuing the deputation order.
An Officer who has gone abroad on study leave or on training should not be permitted to accept any foreign assignment/consultancy abroad in continuation of the study leave or training.
An Officer may be permitted to remain on long term assignments adding up to the maximum of 5 years during the first 25 years of service; and beyond 25 years of service, there would be no ceiling. If an Officer is on a long term assignment at the time of completing 25 years of service, he has to undergo two years cooling-off period at the end of the assignment before becoming eligible to take up another long term assignment. The ceiling is not applicable to the foreign posts of GOI, bilateral assignments to the developing countries and the UN volunteers.
As such, when an Officer completes 24 months of long term assignment undertaken either in one spell or in different spells, he would not be considered for empanelment for posts of Jt. Secretary and equivalent under the Central Staffing Scheme for a period of 'two' years upon his return from the assignment. Similarly in case of an Officer eligible to be empanelled as Addl. Secretary/Secretary, the corresponding period would be 'one' year.
Over and above the five year ceiling, an Officer may be allowed to undertake short term consultancies for an International organisation or foreign Govt. up to a maximum of 25 months during entire career, if the cadre authority is able to spare his services without any substitute. No assignment should exceed 90 days during a calendar year. An Officer returning from a foreign assignment exceeding 180 days would not be eligible to go for a long term assignment for a period of two years.
Extension beyond 5 years
In cases where it becomes necessary to consider an extension of the period of foreign assignment of an Indian expert beyond the 5th year, while submitting the proposal to the DOPT, the sponsoring Govts./Ministries/Departments must ensure that a full-fledged proposal is submitted at least three months before the end of 5th year of the assignment. Late submission of proposals will be viewed as serious violation of instructions.
The proposal should be accompanied by (a) a letter from the Govt. of the host-country seeking extension of tenure of the Indian expert, giving reasons for doing so; (b) comments of the Indian Embassy/High Commission in the host-country; and (c) recommendation of the parent organisation of the Indian expert.
Restrictions
The Officers in a nodal Ministry of GOI/Office of the Head of the Department/ Attached and Subordinate Offices of the Govt./Indian Missions abroad who are directly dealing with an International organisation in a coordinating or nodal capacity shall not be allowed to take up assignments in the Secretariat of the concerned organisation for a period of 2 years after they relinquished charge of their posts. However, in exceptional cases, the Govt. may nominate suitable persons the recommendation of the CSB/Cabinet Secretary with the approval of the Prime Minister. Senior civil servants of and above the level of Joint Secretary to the GoI of all services either working at the Centre or with the State Govts. should interact with International Agencies only in their official capacity and may not accept short term assignments with such agencies offered directly by International agencies.
Resignation/Voluntary retirement
The persons deputed to the UN Agencies and other International organisations or those on bilateral assignments choose to continue beyond the permissible period, they can resign from service without returning to India and to their parent department. Govt. employees deputed on Indian Technical Economic Cooperation assignment and other Aid programmes; posted abroad in a foreign based Officer of a Ministry/ Department or on a specific contract assignment to foreign Govt. should not be allowed to resign or retire voluntarily while serving abroad unless after their having transferred to India, resume the charge of the post and serve for a period of not less than one year, as the GOI bears the salary and other expenses of such persons.
Retiring from Int’l. Organizations
International Organisations like World Bank have reduced the period of number of years from five to three to become eligible for pension. Hence, it has been decided that if a Govt. Officer becomes entitled to pensionary benefits (as distinguished from withdrawal benefits) from any International Organisation and opts to avail of the retirement benefits under the rules of aforesaid Organisation, he will not be required to make pension contribution for that period and such period will not qualify for pension under Govt. Pension contribution made, if any, for such a period to G.O.I. will be refunded to him.
Pension contribution & Leave salary
The Pension Contribution and Leave Salary have to be paid annually within fifteen days from the end of each financial year or at the end of the foreign service whichever is earlier in foreign currency in which salary is paid. Penal interest would be levied, if payment is not made within the said period. The Govt. servant will continue to subscribe to GPF. In case he has opted for CPF benefits, he/she will have to pay his/her contribution as well as employer’s share of contribution according to rules of CSIR on the basis of pay which he would have drawn had he remained on duty in India.
The amount of gratuity which he may get from foreign employer on completion of his assignment will be credited to his GPF/CPF Account. This amount will be refunded to him as part of his retirement benefits.
Exemption from operation of SR-12
SR-12 of FRs & SRs specifies that “unless the President by special order otherwise directs, one third of any fees in excess of Rs.1,500/- paid to a Govt. Servant in a financial year shall be credited to the Consolidated Fund of India.
Scientists, technologists and medical specialists working under the Central Govt., who, in the over all interest of research and development are permitted by Govt. to take full time assignment by grant of EOL not exceeding two years either in foreign countries or within the country, as Visiting Professors, students, etc., in Universities or Scientific/Medical Institutions, may be allowed to retain in toto the remuneration received by them, subject to their paying Pension Contribution and Leave Salary Contribution.
The benefit under SR-12 will not be applicable to (a) temporary employees with less than three years continuous service; and (b) re-employed pensioners. Persons appointed on contract will also not be eligible unless they have put in not less than three years of service under the Central Govt. and they give an undertaking to serve the Govt. on return from foreign assignment for a period of at least three years whether on contract or otherwise.
Miscellaneous
1. In order to grant Assignment, the Govt. servant should have put in two years of regular service
2. The period of assignment cannot be combined with deputation. However, it can be combined with official business trips.
3. Assignment does not include regular appointment to the visiting Institute/Agency.
4. Official deputation or assignment will not bar the applicant to avail Sabbatical leave even if such deputation period exceeds a year.
5. A Govt. servant permitted to take up foreign assignment/consultancy with the World Organisations such as United Nations, World Bank, FAO, ESCAP, etc. will not be entitled to any other payments or concessions from the Govt. of India and the other terms and conditions, like those for passage, TA, etc. will be as settled with the borrowing organisation.
References
1. GOI MHA DPAR O.M.No.16013/1/70-Estt.-Allowances dt. 11-2-1980
2. GOI MHA DPAR O.M.No.16013/1/70-Estt.Allowances dt. 15-10-1983
3. GOI DOPT Lr. No.18/10/91-FA(UN) dt. 20-6-1991
4. GOI DOPT Lr. No.1/1/93-FAS dt. 6-1-1993
5. GOI DOPT Lr. No.1/1/93-FAS dt. 6-10-1993
6. GOI DOPT Lr. No.1/1/93-FAS dt. 3-6-1994
7. GOI DOPT Lr. No.9/7/92-FA(UN) dt. 29-5-1995
8. GOI MPPG&P DP&T Lr. No.1/1/93-FAS dt. 6-10-93; CSIR Lr.No.17(2273)/95-ISC dt. 26-6-1995
9. GOI MPPG&P (DP&T) O.M. No.1/3/95/Estt.(Pay. II) dt. 11-6-1995; CSIR Endt. No. 1(11)/95-PEN/287 dt. 10-7-1995
10. “Foreign Deputation Guidelines: 1996”, CSIR (1996)
11. GOI DP&T O.M. No.4/3/95-FA(UN) dt. 23-8-1996; Swamysnews, Dec. 1996, 98
12. GOI DOPT Lr. No.1/10/2001-FA(UN) dt.21-7- 2004; Swamysnews, Sept. 2004, 36-7
13. GOI DP&T MPPG&P D.O.Lr.No.3/2/2006-FA(UN) dt. 28-4-2006
14. GOI MOST DSIR O.M.No.A-60011/01/2006-Admn. dt.22-5-2006 & DO No.3/2/2006- FA(UN) dt. 28-4-2006; CSIR Endt. No.17(Misc.)(Cir.)/2004-ISTAD dt. 6-6-2006
.o.
<< Home