THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

Note 4.— The whole expenditure in respect of any compensatory allowance, for periods of leavein or at the end of foreign service, shall be borne by the foreign employer.Note 5.—The transit pay and allowances and the transfer travelling allowance in respect of aGovernment servant who proceeds on transfer from one foreign employer to another without revertingto Government service, shall be borne by the foreign employer to whom the employee proceeds ontransfer.(G.O. Ms. No. 1259, Finance, dated 27th December 1967.)Note 6.—When a Government servant is transferred to foreign service under these rules, theauthority sanctioning the transfer shall include the following clause in the terms and conditions of theorder sanctioning the transfer, namely:-The foreign employer shall strictly adhere to the terms and conditions in this order and not allowany higher scale of pay or concede any concession of pecuniary value other than those specified inthe terms and conditions without the prior concurrence of the lending department.[G.O. Ms. No. 224, Personnel and Administrative Reforms (F.R.III), dated 29th March 1981]RULINGS.Procedure on Retirement of Government Servants of Foreign Service.When any Government servant lent on foreign service conditions retires from Government service,without at the same time retiring from the service of the foreign employer, the Audit Officer shallcommunicate to the foreign employer through the usual authorities a statement showing the date ofretirement and the amount of pension drawn from Government, so as to give the foreign employer theopportunity, if he be so inclined, of revising the excising terms of employment.115. (a) While a Government servant is in foreign service, contributions towards the cost ofhis pension must be paid to Consolidated Fund on his behalf.(b) If the foreign service is in India, contributions must be paid on account of the cost ofleave-salary also.(c) Contributions due under clauses (a) and (b) above shall be paid by the Governmentservant himself, unless foreign employer consents to pay them. They shall not be payableduring leave taken while in foreign service.(d) By special arrangement made under Rule 123 (b) contributions on account of leavesalarymay be required in the case of foreign service out of India also, the contributions beingpaid by the foreign employer.Explanation 1.—Pensions throughout this chapter, include Government contributions, if any,payable to Government servant’s credit in a provident fund.Explanation 2.—The rate of contribution payable on account of pension in respect of allGovernment servants deputed on foreign service shall be on the basis of the prescribed percentage ofthe maximum of the scale of pay of the officiating post which the Government servant would haveheld in the parent department from the date of promotion to the higher post including special pay ordeputation allowance which would count for pension drawn from the foreign employer.(With effect from 2nd October 1970.)Explanation 3.—Leave salary contribution in respect of Government servants deputed on foreignservice to the Corporations/Boards/Undertakings owned or controlled by the State Government is notrecoverable. The leave salary of such Government Servant; for any period of leave taken while on hisforeign service shall be entirely met by the foreign employer and for any period of leave taken on hisre-joining the parent department shall be met by the Government. But on and from the 28thSeptember 1977 if such Government servant deputed on foreign service avails himself of leave for aperiod of more than one month during the first year of his foreign service, the leave salary for a periodof one month shall be met by the foreign employer and for the remaining period shall be met by the166