THE FUNDAMENTAL RULES OF THE TAMIL NADU GOVERNMENT

126. When a Government servant reverts form foreign service to Government service, hispay will cease to be paid by the foreign employer and his contributions will be discontinued,with effect from the date of reversion.127. When an addition is made to a regular establishment on the condition that its cost or adefinite portion of its cost, shall be recovered from the persons for whose benefit theadditional establishment is created, recoveries shall be made under the following rules:—(a) The amount to be recovered shall be the gross sanctioned cost of the service; or ofthe portion of the service, as the case may be and shall not vary with the actual expenditure ofany month.(b) The cost of the service shall include contributions at such rates as may be laid downunder Rule 116 and the contributions shall be calculated on the sanctioned rates of pay of themembers of the establishment.(c) Government may reduce the amount of recoveries or may entirely forego them.Explanation 1:- This rule is applicable to temporary as well as permanent establishments.Explanation 2:- In the case of members of the State or Subordinate Service, a fraction of thetotal maximum monthly pay of all sanctioned posts equal to the average of the percentage laid downin column (3) or (4) of the Table below Fundamental rule 116, shall be levied as contribution forpension. As regards contribution for leave salary, recoveries shall be made by levying thepercentages prescribed in the Table below Fundamental rule 116 on the total sanctioned cost or inthe case of time-scales of pay, on the average cost of all the posts concerned. If in any case it iscertain that pensionary claims will not arise, application may be made for the waiver under clause (c)of this rule of the recovery of the contribution for pension.Explanation 3:- Pension contribution shall be recovered at an uniform flat rate of ten percentof the maximum of the scale of pay (including special pay and personal pay, if any) plus theappropriate Dearness Allowance thereon, in respect of the deputation of the Co-operativeDepartmental Staff and officers of Co-operative Institutions on foreign service terms and conditions asunder Fundamental Rule 110 to Fundamental rule 114 and under this rule, against the existing rates.(vide G.O.Ms.No.103, P&AR(FR.IV) Department, dated 2.9.2002 w.e.f. 1.4.1999)Instructions under Rule 127.1. No contribution need be recovered from local bodies and municipal councils on account of—(a) Panchayat and town surveyors for the periods during which they are on leave without asubstitute;(b) Chairmen employed under the panchayat and town surveyors for the periods during whichthey are granted leave without pay and without a substitute;2. In recovering the sanctioned cost of the establishment in the office of the Court of WardsMadras, from estates under its supervision, no recovery need be made in respect of posts which arekept permanently vacant, but in the case of posts the permanent incumbents of which are on otherduty and which are kept unfilled without substitutes being appointed the recovery to be made shouldbe limited to the pensionary contribution.3. No contribution need be recovered from local bodies on account of the Government MedicalOfficers attached to local fund and Municipal Medical Institutions for the periods during which theposts of Medical Officers in the institution are kept vacant at the instance of or with the approval of theDirector of Medical Services provided that these periods shall not include periods of the absence ofthe officers on casual leave or on other duty to which they are deputed by local bodies.4. Omitted.5. No. contribution need be recovered from a Municipal Council towards pay, leave allowance andpension of its Health Officer, if the Assistant Health Officer has held additional charge of the post ofMunicipal Health Officer for a period of not less than one month.177