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I/3021343/2022

Updated on 08.09.2022

Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training
Establishment(Pay-II) Section
***

REGULATION OF TERMS AND CONDITIONS


GOVERNING DEPUTATION/ FOREIGN SERVICE OF EMPLOYEES
TO/FROM CENTRAL GOVERNMENT.

D/o Personnel & Training (DoPT) has from time to time issued
instructions / guidelines regulating pay, Deputation (Duty) Allowance, tenure of
deputation/ foreign service and other terms and conditions of
deputation/foreign service of the Central Government employees to ex-cadre
posts under the Central/State Governments/ Union Territories (UTs)
Administration/ Public Sector Undertakings (PSUs)/ Autonomous Bodies/
Statutory Bodies/ Universities/ Local Bodies etc. and vice-versa. These have
been summarized in the following paras for better understanding of various
provisions governing the subject.

APPLICATION

2. These provisions apply to all Central Government employees, who


are regularly appointed on deputation/foreign service in accordance with
the provisions of the Recruitment Rules (RRs) of the ex-cadre posts, under
the same or some other Departments of Central Government or under the State
Governments/ UTs Administration/Local Bodies or under Central or State
PSUs/Autonomous Bodies/Statutory Bodies etc. set up or controlled by
Central/State Governments provided the foreign service under such
PSUs/Autonomous Bodies/Statutory Bodies has been permitted in relaxation
of appointment on immediate absorption basis. They also cover the cases of
regular appointment on deputation/foreign service of employees of State
Government/Local Bodies etc. as well as PSUs/Autonomous Bodies/Statutory
Bodies of Central/State Governments as per RRs in the Central Government.

In short, these instructions cover cases of deputation/foreign


service where Central Government is either lending authority or borrowing
authority or both.

[ Para 1 of DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated


17.06.2010 and
Para 1 of DoPT's OM No. 2/9/2018-Estt.(Pay-II) dated 12.4.2021 ]

2.1. However, the following cases are governed by separate set of


instructions / guidelines, and they are not covered by these provisions: -

(a) Members of the All India Services and those deputed to posts,
whose terms are regulated under specific statutory rules or orders;
(b) Officers appointed on deputation to posts under the Central
Staffing Scheme (CSS) for whom separate orders issued from time to time
continue to apply;

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(c) Deputation to posts operated outside India;


(d) Appointments of a specific category of employees to a specified
class of posts, such as appointments made in the Personal Staff of
Ministers etc., in respect of which special orders are already in
existence. However, the terms and conditions contained herein will
apply to those cases to the extent they are not specifically covered
under such special orders.
(e) Appointments of the nature of deemed deputation or transfers
to ex-cadre posts made in exigencies of service with the specific
condition that no Deputation (Duty) Allowance will be admissible - e.g.
(i) interim arrangements in the event of conversion of a Government
office/organization or a portion thereof into a PSU/ Autonomous Body or
vice-versa; and (ii) appointments to the same post in another cadre.

[Para 2.1 and 2.2 of DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated


17.06.2010]

SCOPE OF THE TERM 'DEPUTATION/FOREIGN SERVICE' -


RESTRICTIONS ON TREATING AN APPOINTMENT AS ON
DEPUTATION/ FOREIGN SERVICE.

3.1 The terms ‘Deputation’/ ‘Foreign Service’ will cover only those
appointments that are made by transfer on a temporary basis provided
the transfer is outside the normal field of deployment and is in public
interest. The question whether the transfer is outside the normal field of
deployment or not will be decided by the authority which controls the
service or post from which the employee is transferred.

3.2 The following types of appointments will not be treated as


deputation/foreign service for the purposes of these orders:
(a) Appointment of serving employees made either by promotion or
by direct recruitment from amongst open market candidates whether
on permanent or temporary basis.
(b) Permanent appointment made by transfer/absorption,
(c) Temporary appointment made based on personal requests of
employees,
(d) Arrangements necessitated by staff imbalances arising on re-
organization of offices on the same or different stations, subject to the
specific condition that no Deputation (Duty) Allowance will be
admissible in such cases.

3.3 A person in a higher Level (in Pay Matrix) shall not be appointed
on deputation to a post in lower Level (in Pay Matrix) if the deputation
is from Central Government to Central Government and also in cases
where the scale of pay and Dearness Allowance (DA) in the parent
cadre post and ex-cadre post are similar.

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[Para 3.1-3.3 of DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated


17.06.2010]

3.4 However, no appointment on deputation/foreign service shall be


made from/to Central Government/an organization where the scale of
pay and DA pattern in the parent cadre post and ex-cadre post are
dissimilar, if the basic pay in the parent cadre increased by one
increment plus Dearness Allowance (s) including interim relief if any,
admissible to a person in the parent cadre post exceeds the basic pay
plus Dearness Allowance(s) including interim relief, if any, at the
maximum of the pay Level in the Pay Matrix/pay scale of the ex-cadre
post.
Note: In the revised pay structure, the maximum of the scale would
mean the last cell of any Level in the Pay Matrix.
Illustration:
In case of an appointment on deputation basis, from an organization
to an ex-cadre post in the Central Government in Level 7 in the Pay
Matrix, where the pay scale and DA pattern of the parent cadre post
and ex-cadre post in Central Government are dissimilar, no
appointment can be made to such post, if the basic pay in the parent
cadre increased by one increment plus Dearness Allowance (s)
including Interim Relief, if any, admissible in the parent cadre post
exceeds the basic pay at the maximum of the Level 7 of the Pay Matrix
i.e. Rs. 1,42,400/- plus Dearness Allowance (s), including Interim Relief,
if any.

[DoPT's OM No. 2/9/2018-Estt.(Pay-II) dated 12.04.2021 ]

EXERCISE OF OPTION.

4.1 An employee appointed on deputation/foreign service, may elect


to draw either the pay in the Level (in the Pay Matrix)/Scale of pay of
deputation/foreign service post or his/her basic pay in the parent cadre
plus Deputation (Duty) Allowance thereon plus Personal Pay, if any.
However, in case of appointment of Government employees on
deputation/ foreign service to CPSEs, this option will not be allowed,
and in such cases their pay will be governed in terms of the orders
issued by Department of Public Enterprises vide OM dated 26.11.2008
and clarifications issued thereafter.

4.2 The borrowing authority shall obtain the option of the employee
within one month from the date of joining the ex-cadre post unless the
employee has himself furnished the option.

4.3 The option once exercised shall be final.

4.4 However, the employee may revise the option under the
following circumstances which will be effective from the date of
occurrence of the same:

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a. When he/she receives proforma promotion or is appointed to non-


functional selection grade or up-gradation of scale in the parent
cadre;
b. When he/she is reverted to a lower grade in the parent cadre;
c. When the scale of pay/level (in the Pay Matrix) of the parent cadre
post based on which his emoluments are regulated during
deputation/foreign service or of the ex-cadre post held by the
employee on deputation/foreign service is revised either
prospectively or from a retrospective date;
d. Based on the revised/same option of the employee, in the event of
proforma promotion/appointment to non-functional selection
grade/revision/upgradation of scales of pay/level (in the Pay
Matrix) in the parent cadre, his/her pay will be re-fixed with
reference to the revised entitlement of pay in the parent cadre.
However, if the initial option was for the pay scale of the
deputation post and no change in option already exercised is
envisaged, the pay already drawn in deputation post will be
protected if the pay re-fixed is less.
Note: Revision in the rates of DA, HRA or any other allowance either
in the parent or borrowing organization shall not be an occasion for
revision of the earlier option.

4.5. If the pay of an employee in his cadre post undergoes downward


revision, the pay in the ex-cadre post is also liable to be re-fixed based
on revised pay and in accordance with the revised option or existing
option if the employee does not revise his option.

[Para 4 of DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated


17.06.2010]

PAY FIXATION.

5.1 When an employee on deputation/foreign service elects to draw


pay in the Level (in Pay Matrix) attached to the ex-cadre post, his/her
pay may be fixed as under: -

( i ) Deputation from Central Government to Central


Government:

If the Level (in Pay Matrix) of the ex-cadre post is higher than that
of the parent cadre post, an increment shall be given in the Level (in
Pay Matrix) of parent cadre post and he/she shall be placed at a Cell
equal to the figure so arrived at in the Level (in Pay Matrix) of the ex-
cadre post; and if no such Cell is available in the Level (in Pay Matrix)
of the ex-cadre post, he/she shall be placed at the next higher cell in
that Level. However, if the cell so arrived at after adding an increment
is less than the minimum of the cell in the Level (in Pay Matrix), the pay
will be fixed at the minimum of the cell in the Level (in Pay Matrix).

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In case Levels (in Pay matrix) of the ex-cadre post and the
parent cadre post of the employee are identical, the employee would
continue to draw his/her basic pay.

(ii) In case of Foreign Service/Reverse Foreign Service :

(a) When the Level (in Pay Matrix)/Pay Scale of the post in the
parent cadre and that attached to ex-cadre post are based on the same
index level and the DA pattern is also same, the pay may be fixed as
under (i) above.

(b) If the appointment is made to a post whose pay structure and/or


Dearness Allowance (DA) pattern is dissimilar to that in the parent
organization, pay may be fixed by adding one increment to the basic
pay of the substantive post in the parent cadre, (and if he/she was
drawing pay at the maximum of the scale, by the increment last drawn)
and equating the pay so raised plus dearness allowance (and additional
or ad-hoc dearness allowance, interim relief etc., if any) with
emoluments comprising of basic pay plus DA, ADA, Interim Relief etc.,
if any, admissible, in the borrowing organization and the pay may be
fixed at the stage in the Pay Scale/ Level (in Pay Matrix) of the ex-cadre
post at which total emoluments admissible in the ex-cadre post as above
equal the emoluments drawn in the parent cadre and if there is no such
stage, pay may be fixed at the next higher stage.

Illustration:

A person drawing emoluments as Basic Pay - Rs. 34,000/- and Dearness


Allowance - Rs.44,200/- (DA @ 130%) with increment @ 3% per annum
on the basic pay, is appointed in Central Govt. in the Level 11 of Pay
Matrix (in 7th CPC) with DA @ 10% on deputation basis, his pay will be
fixed as under:-

a. Adding one increment to the basic pay in the substantive post in


parent cadre:

Pay in parent cadre post = Rs. 34,000/-.


Increment = 3% of Rs. 34,000/- = Rs. 1,020/-
Adding one increment = Rs. 35,020/- [i.e. Rs. 34,000/- + Rs.
1,020/-]

b. Pay and DA admissible in parent cadre:

DA @ 130% on basic pay = Rs. 45,526/- (130% of Rs. 35,020/-)


Total emoluments in the parent cadre = Rs. 80,546/- (Rs.
35,020/- + Rs. 45,526/-)

c. Now, fixing pay in ex-cadre post in Level 11 of Pay Matrix (with


DA @10%) on the basis of emoluments drawn in parent cadre:

Pay in ex-cadre i.e. Rs. 80,546/- shall comprise of Rs. 73,224/- (Basic
Pay) + Rs. 7,322/-(DA @ 10%)

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Pay Matrix
Band Pay 15600-39100
Grade Pay 6600
Level 11
3 71800
4 74000

Since there is no cell in Level 11 of Pay Matrix matching Rs. 73,224/-pay


will be fixed at Rs. 74,000/- i.e. next cell in higher stage. So, the pay in
ex-cadre post will be fixed at Rs. 74,000/-.

In case of reverse foreign service if the appointment is made to post


whose pay structure and/or DA pattern is dissimilar to that in the parent
organization, the option for electing to draw the basic pay in the parent
cadre [along with the Deputation (Duty) Allowance thereon and the
personal pay, if any] will not be available to such employee.

(iii) Deputation from State Government/UTs Administration to


Central Government:
(a) When the Level (in Pay Matrix)/Pay Scale of the post in the
parent cadre and that attached to ex-cadre post are based on the same
index level and the DA pattern is also same, the pay may be fixed as
provided under 5.1(i) above.
(b) If the appointment is made to a post whose pay structure and/or
Dearness Allowance (DA) pattern is dissimilar to that in the parent
organization, the pay may be fixed as provided under 5.1(ii) (b) above.
The basic pay from time to time after pay fixation should not
exceed the maximum of the pay in the level of the ex-cadre post.

5.2 In cases of appointment from one ex-cadre post to another ex-


cadre post where the employee opts to draw pay in the Level (in Pay
Matrix)/Pay Scale of the ex-cadre post, the pay in the second or
subsequent ex-cadre post should be fixed under the normal rules with
reference to the pay in the cadre post only. However, in respect of
appointments to ex-cadre posts carrying Level (in Pay Matrix)/Pay Scale
identical to that of the ex-cadre post(s) held on an earlier occasion(s), it
may be ensured that the pay drawn in subsequent appointment should
not be less than the pay drawn earlier.

5.3 In cases of appointments to a second or subsequent ex-cadre


post(s) in a higher Level (in Pay Matrix)/Pay Scale than that of the
previous ex-cadre post, the pay may be fixed with reference to the pay
drawn in the cadre post and if the pay so fixed happens to be less than
the pay drawn in the previous ex-cadre post, the difference may be
allowed as Personal Pay to be absorbed in future increases in pay. This
is subject to the condition that on both the occasions, the employee
should have opted to draw pay in the Level (in Pay Matrix)/Pay Scale
attached to the ex-cadre posts.

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Note-1: The term parent post and basic pay means the post held on
regular basis in the parent organisation and pay drawn/ admissible in
such a post respectively.

Note-2: An officer who may be holding a higher post on ad-hoc basis


in the cadre at the time of proceeding on deputation/foreign service
would be considered to have vacated the post held on ad-hoc basis and
proceeded on deputation/foreign service from his/her regular post.
During the period of deputation/foreign service, he/she shall earn
notional increments in the parent cadre post. On reversion, if he/she is
re-appointed to the higher post on regular or ad-hoc basis his pay will
get fixed with reference to the pay admissible in the lower post on the
date of such re-appointment. In such cases, if his/her pay gets fixed at a
stage lower than that of his junior(s) who continued to serve in the
cadre, no stepping up will be admissible as per extant rules in so far as
Central Government employees are concerned. However, if the pay so
fixed is less than the pay drawn earlier while holding the post on ad-hoc
basis the pay earlier drawn will be protected. Therefore, those Central
Government employees who are already holding a higher post on ad-hoc
basis or expecting it shortly in the parent cadre may weigh all relevant
considerations before opting for deputation/foreign service. This note of
caution will be applicable to employees of other organizations wishing to
apply for posts on deputation in Central Government, if governed by
similar rules in parent organization.

Note-3: Pay of an officer appointed on deputation/foreign service on ad-


hoc basis pending selection of a regular incumbent may also be
regulated in accordance with provisions of Paras 5.1 & 6.1 of this O.M.

Note-4: The provisions of this Para as well as Para 6 will not apply to
appointments on Personal Staff of Ministers. Such appointments will be
regulated by separate specific orders issued by the Government in that
behalf.

[ Para 5 of DoPT's OM No. 6/8/2009-Estt.(Pay-II)


dated 17.06.2010 read with OM No. 2/10/2018-Estt.(Pay-II) dated
2.3.2021]

DEPUTATION (DUTY) ALLOWANCE

6.1 The Deputation (Duty) Allowance admissible shall be at the


following rates:

a. Within the same station, the allowance will be payable at the rate
of 5% of basic pay subject to a maximum of Rs. 4500/- p.m.;
b. In case of change of station, the allowance will be payable at the
rate of 10% of basic pay subject to a maximum of Rs. 9000/- p.m.;
c. The ceilings will further rise by 25 percent each time Dearness
Allowance increases by 50 percent; and

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d. Basic Pay, from time to time, plus Deputation (Duty) Allowance


shall not exceed the basic pay in the Apex level i.e. Rs. 2,25,000/-.
In the case of Government servants receiving Non-Practicing
Allowance, their basic pay plus Non-Practicing Allowance plus
Deputation (Duty) Allowance shall not exceed the average of basic
pay of the revised scale applicable to the Apex Level and the Level
of the Cabinet Secretary i.e. Rs. 2,37,500/-.

6.1.2 In cases where the basic pay in parent cadre has been upgraded
(upto Level 13 A) on account of Non-Functional Upgradation (NFU),
Modified Assured Career Progression Scheme (MACP), Non-Functional
Selection Grade (NFSG) etc., and the officer has opted for such
upgraded pay of the parent cadre, in that event, the upgraded basic pay
under such upgradations shall not be taken into account for the purpose
of Deputation (Duty) Allowance. In such cases, the Deputation (Duty)
Allowance will be calculated taking the basic pay of the parent cadre
which the officer was getting before such upgradation and the amount
of the same would be further regulated every year on the basis of the
pay arrived at by giving annual increments on the presumptive pay.

6.1.3 However, if the upgradation is to Level 14 (in the Pay Matrix) or


above, he shall be given the option to draw the upgraded basic pay
under such upgradations without Deputation (Duty) Allowance or the
pay which he was drawing before such upgradation with Deputation
(Duty) Allowance, whichever is more beneficial as per the option of the
officer.

6.1.4 In the case of Proforma Promotion under Next Below Rule (NBR),
if such a Proforma Promotion (upto Level 13 A) is in a Level of the Pay
Matrix which is higher than that of the ex-cadre post, and the officer
has opted for the upgraded pay of the Proforma Promotion, the basic
pay under such Proforma Promotion shall not be taken into account for
the purpose of Deputation (Duty) Allowance. Deputation (Duty)
Allowance will be calculated taking into account the basic pay which the
officer was getting before such Proforma Promotion. The amount of
Deputation (Duty) Allowance would be calculated on the basis of the
pre-upgraded presumptive pay that the officer was drawing prior to
Proforma Promotion and the amount of the same would be further
regulated every year on the basis of the pay arrived at by giving annual
increments on the presumptive pay.

6.1.5 However, if such a Proforma Promotion under NBR is in a Level


of the pay matrix which is equal to or below that of the ex-cadre post,
Deputation (Duty) Allowance shall be admissible on the basic pay of the
parent cadre post allowed under the Proforma Promotion, if opted by
the deputationist.

6.1.6 However, if the upgradation is to Level 14 or above of the Pay


Matrix, he shall be given the option to draw the upgraded basic pay
under such Proforma Promotion without Deputation (Duty) Allowance or
the pay which he was drawing before grant of Proforma Promotion with

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Deputation (Duty) Allowance, whichever is more beneficial as per the


option of the officer. The amount of Deputation (Duty) Allowance would
be calculated on the basis of pre-upgraded presumptive pay that the
officer was drawing prior to the grant of Proforma Promotion and the
amount of the same would be further regulated every year on the basis
of the pay arrived at by giving annual increments on the presumptive
pay.

[DoPT's OM No. 2/11/2017-Estt.(Pay-II) dated


24.11.2017 and DoPT's OM No. 2/11/2017-Estt.(Pay-II) dated
15.3.2021]

Note: Basic Pay in the revised pay structure (the pay structure based
on 7th CPC recommendations) means the pay drawn by the
deputationist, from time to time, in the prescribed Level (in Pay Matrix)
of the post held by him substantively in the parent cadre, but does not
include any other type of pay like personal pay, etc.

Note: 1 The term 'same station' for the purpose will be determined
with reference to the station where the person was on duty before
proceeding on deputation.

Note: 2 Where there is no change in the headquarters with reference to


the last post held, the transfer should be treated as within the same
station and when there is change in headquarters it would be treated as
not in the same station. So far as places falling within the same urban
agglomeration of the old headquarters are concerned, they would be
treated as transfer within the same station.

6.2 Special rates of Deputation (Duty) Allowance may be admissible


under separate orders in any particular area on account of the
condition of living there being particularly arduous or unattractive.
Where special rate is more favorable than that given in Para 6.1 above,
employees deputed to the area will be given the benefit of the special
rate.

6.3.1 If an employee with the permission of the competent authority,


proceeds on deputation/foreign service from one ex-cadre post to
another ex-cadre post in the same or another organization without
reverting to his parent cadre, and if the second ex-cadre post is at the
same station as the first one, the rate of Deputation (Duty) Allowance
would remain unchanged.

6.3.2 In cases where a person on deputation/foreign service is


transferred by the borrowing authority from one station to another
without any change in the post held by him. The rate of Deputation
(Duty) Allowance will be refixed as per 6.1 (b).

[Para 6.2 and 6.3 of DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated


17.06.2010]

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ADMISSIBILITY OF PAY, ALLOWANCES AND BENEFITS WHILE


ON DEPUTATION/FOREIGN SERVICE

7.1 Any project allowance admissible in a project area in the


borrowing organization may be drawn in addition to Deputation (Duty)
Allowance.

7.2 Any special allowance granted to an employee in the parent


Department under FR 9(25) or a corresponding rule of parent
organization should not be allowed in addition to Deputation (Duty)
Allowance. However, the borrowing department may allow in addition
to Deputation (Duty) Allowance, under special circumstances, any
special allowance attached to the post held by the employee in his/her
parent Department, by suitably restricting the Deputation (Duty)
Allowance. This will require the specific and prior approval of
Department of Personnel &Training.

7.3 In case special allowance is attached to the scale of pay of the


ex-cadre post and the employee has opted to draw pay in that scale,
then, in addition to the pay in that scale, he will also be entitled to draw
such special allowance. However, such special allowance will not be
admissible if he has opted to draw pay in the parent cadre scale/grade
pay plus Deputation (Duty) Allowance.

7.4 Personal pay, if any, drawn by an employee in his parent


department will continue to be admissible on deputation/foreign service
if he/she opts to draw pay in the parent cadre plus Deputation (Duty)
Allowance. No Deputation (Duty) Allowance on this personal pay will,
however, be admissible.

7. 5 Increments - The employee will draw increment in the parent


cadre or in the Level (in the Pay Matrix) attached to the deputation post
as the case may be, depending on whether he has opted for the parent
cadre pay plus Deputation (Duty) Allowance or the pay of the
deputation post. If he has opted for pay of the deputation post, notional
increments shall also continue to accrue to him in the post held on
regular basis in the parent cadre/organization for the purpose of
regulation of pay on repatriation to the parent cadre/post at the end of
the tenure.

7.6(a) Such allowances as are not admissible to regular employees of


corresponding status in the borrowing organisation shall not be
admissible to the officer on deputation/ foreign service, even if they
were admissible in the parent organisation.

(b) Following allowances will be regulated with mutual consent of the


lending and borrowing organization:

a. HRA/Transport Allowance.
b. Joining time and Joining Time Pay.
c. Travelling Allowances and Transfer T.A.

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d. Children Education Allowance.


e. LTC.

(c) Following allowances/facilities will be regulated in accordance


with the rules as explained against each:
i. Dearness Allowance - The employee shall be entitled to dearness
allowance at the rates prevailing in the borrowing organization or
in the lending organization depending on whether he has opted to
draw pay of the ex-cadre post or the parent cadre post.
ii. Medical Facilities - This will be regulated in accordance with the
rules of the borrowing organization.
iii. Leave - An officer on deputation/foreign service shall be regulated
by the Leave Rules of the parent organization. If, however, an
employee proceeds from vacation department to non-vacation
department, or vice-versa, he shall be governed by Leave Rules of
the borrowing organization. At the time of reversion from the
deputation post to the parent cadre, the borrowing organization
may allow him/her leave not exceeding two months. The employee
should apply for further leave to his Cadre Controlling Authority.

[Para 7.1-7.6 of DoPT's OM No. 6/8/2009-Estt.


(Pay-II) dated 17.06.2010]

(d) Military Service Pay (MSP): In case an army officer entitled to


Military Service Pay in parent cadre opts for parent cadre pay on
deputation to a civil post, MSP will be admissible as a separate
element, provided Deputation (Duty) Allowance will not be reckoned
on MSP but only on Basic Pay.

[On the basis of clarification dated 16.2.2017 issued by DoE]

7.7 Leave Salary/Pension/NPS Contribution

i. As at present, allocation of leave salary and pension contribution


between different Ministries/Departments of Central Government
and between Central and State Government has been dispensed
with. In such cases of deputation from Central Government to
State Government and vice-versa, liability for bearing leave salary
vests with the Department from which the officer proceeds on
leave or which sanctioned leave and no contributions are payable
to the lending organization. Liability for pension/employee's
contribution to CPF will be borne by the parent department, to
which the officer permanently belongs at the time of retirement
and no proportionate contribution will be recovered.
ii. In case of deputation of Central Government employees on foreign
service terms to Central Public Sector Undertakings/ State Public
Sector Undertakings and Autonomous Bodies etc., leave salary

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contribution (except for the period of leave availed of on foreign


service) and pension contribution/ Contributory Provident Fund
(CPF) (Employer's share) contribution are required to be paid
either by the employee himself or by the borrowing organization to
the Central Government. In cases of reverse deputation from
Central Public Sector Undertakings/ State Public Sector
Undertakings/ Autonomous Bodies/local bodies to Central
Government, the employer’s share of CPF for the period of
deputation to the Central Government will be borne either by the
employee himself or borrowing organisation i.e. Central
Government depending on the terms of deputation. A clear
mention of the stipulation on whether the Central Government or
the employee would bear the liability may be made in the terms of
deputation.
[DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated 15.2.2012 ]
iii. In cases of reverse deputation from Central Public Sector
Undertakings/ State Public Sector Undertakings/ Autonomous
Bodies/local bodies to Central Government, the question regarding
leave salary and pension contribution will be decided by mutual
consent.
iv. In case of employees covered under New Pension Scheme (NPS),
the borrowing department shall make requisite contribution to the
NPS account of the employee.

TENURE OF DEPUTATION/FOREIGN SERVICE

8.1 The period of deputation/ foreign service shall be as per the


provisions of the RRs of the ex-cadre post or 5 years in case no tenure
regulations exist for the ex-cadre post.

8.2 In case where the period of deputation/foreign service


prescribed in the RRs of the ex-cadre post is 5 years or less than 5
years, the borrowing Ministry/Department/ Organization may grant
extension upto the 6th year after obtaining orders of their Secretary (in
the Central Government)/ Chief Secretary (in the State Government)/
equivalent officer (in respect of other cases) and for the 7t h year with
the approval of the Minister of the borrowing Ministry /Department and
in respect of other organizations with the approval of the Minister of
the borrowing Ministry/Department with which they are
administratively concerned.

[DoPT's OM No. 2/6/2018-Estt.(Pay-II) dated 18.5.2018 ]

8.3.1 The borrowing Ministries/Departments/Organizations may


extend the period of deputation up to the seventh year where necessary
in public interest, subject to the following conditions:

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i. The extension would be subject to the prior approval of the lending


organization, the consent of the official concerned and wherever
necessary, the approval of the UPSC/ State Public Service
Commission and Appointment Committee of Cabinet (ACC).
ii. If the borrowing Ministry/Department/Organization wishes to
retain an officer beyond the prescribed tenure, it shall initiate
action for seeking concurrence of lending organization, individual
concerned etc. six months before the date of expiry of tenure. In
no case it should retain an official beyond the sanctioned term
unless prior approval of the competent authority to grant further
extension has been obtained.
iii. No further extension beyond 7th year shall be granted.

8.3.2 Admissibility of Deputation (Duty) Allowance would be only upto


fifth year.

[DoPT's OM No. 2/6/2016-Estt.(Pay-II) dated 23.02.2017 ]

COOLING OFF

9.1 There shall be a mandatory 'cooling off’ period of three years after
every period of deputation/foreign service up to Joint Secretary level
posts (i.e. deputation post carrying pay in Level-14 of the Pay Matrix)
and one year for Additional Secretary level posts (i.e. deputation post
carrying pay in Level-15 of the Pay Matrix).

The Ministries/Departments may not sponsor name of any such


officer who is not likely to complete the mandatory ‘cooling off’ period
by the time the officer is likely to be selected. Further, while sponsoring
the name of any such officer who has not completed the mandatory
cooling off period, the parent cadre authority may inform the borrowing
department that the officer will be relieved only after he/she completes
the mandatory cooling off period.

[DoPT's OM No. 2/1/2012-Estt.(Pay-II) dated 4.1.2013 ]

9.2 A Central Government employee shall be eligible for


deputation/foreign service to posts in State Government/State
Government Organization/ UT Administration / Government of UT's
Organization/Autonomous Bodies. Trusts, Societies, PSUs etc. not
controlled by the Central Government only after he has completed 9
years of service and is clear from the vigilance angle.

9.2.1 However, with the approval of the Minister-in-charge of the


Ministry/Department/ Organization:

i. Central Government employee after completion of 7 years of


service in his/her cadre, may be allowed to go on deputation to any
State of North-Eastern Region and Union Territories of Jammu &

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Kashmir, Ladakh, Andaman & Nicobar and Lakshadweep or on


foreign service to any entity controlled by and located in the afore
said States/ Union Territories;
ii. Central Government employees may be allowed to go on
deputation to State Governments /Union Territories or on foreign
service to any entity controlled by and located in the States/ Union
Territories on spouse ground after completion of 6 years of service
in the cadre.

[DoPT's OM No. 2/15/2017-Estt.(Pay-II) dated 18.10.2018]

10. If during the period of deputation/foreign service, on account of


Proforma Promotion in the parent cadre the official concerned becomes
entitled to a higher pay in the Level (in the Pay Matrix) in the parent
cadre vis-a-vis that of the ex-cadre post, the official shall complete
his/her normal /extended tenure of deputation already sanctioned with
the approval of the competent authority. The pay shall be regulated as
under:

a. If the Level (in the Pay Matrix) of the officer in the parent cadre
becomes higher than that of the deputation post after getting
Proforma Promotion, he may be allowed the pay in the Level (in
the Pay Matrix) of the post to which he is promoted, if he so opts.
In such cases, extensions in deputation after employee has
received the Proforma Promotion may be considered as per the
instruction in paras 8.1 to 8.3.2.
b. As per the relevant provisions of this OM.
c. If he draws the pay in the Level (in the Pay Matrix) attached to the
deputation post, on reversion to his parent cadre, his pay may be
fixed by allowing him notional increments in his regular post in the
parent department.
d. If the Level (in the Pay Matrix) of the officer in the parent cadre
becomes higher than that of the deputation post on getting
financial upgradation under the ACP/MACP scheme, the officer
may be allowed to draw the pay in Level (in the Pay Matrix) to
which he becomes entitled to under the ACP/MACPS, if opted for
by him, as laid down in Para 27 of Annexure I to the DoPT OM No.
35034/3/2008 -Estt.(D) dated 19th May, 2009.

PREMATURE REVERSION OF DEPUTATIONIST TO PARENT


CADRE.

11. Normally, when an employee is appointed on deputation/foreign


service, his services are placed at the disposal of the parent Ministry/
Department/Organization at the end of the tenure. However, as and
when a situation arises for premature reversion to the parent cadre of
the deputationist, his services could be so returned after giving a notice
of at least three months to the lending

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Ministry/Department/Organization and the employee concerned.

OVERSTAY ON DEPUTATION

12. The deputationist officer is deemed to have been relieved on the


date of expiry of the deputation period unless the competent authority
has with requisite approvals, extended the period of deputation, in
writing, prior to the date of its expiry. It will be the responsibility of the
immediate superior officer to ensure that the deputationist does not
overstay. In the event of the officer overstaying for any reason
whatsoever, he/she is liable to disciplinary action and other adverse
Civil/Service consequences which would include the period of
unauthorized overstay not being counted for service for the purpose of
pension and that any increment due during the period of unauthorized
overstay being deferred with cumulative effect, till the date on which
the officer rejoins his parent cadre.

[DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated 1.3.2011 ]

All the Ministries/Departments are to ensure that deputations are


strictly monitored by the lending Government
Ministry/Department/Organization. Requests of the borrowing
authorities for no objection to extension of deputation should be closely
scrutinized to curb tendency to allow extensions on extraneous ground
and overstay.

[DoPT's OM No. 6/8/2009-Estt.(Pay-II) dated 16.5.2013 ]

RELAXATION OF CONDITIONS

13. Any relaxation of these terms and conditions will require the
prior concurrence of the Department of Personnel & training.

DATE OF EFFECT

14. These orders will take effect from 1.1.2016 and shall be
applicable to all officers who were on deputation on 1.1.2016 or
appointed thereafter except for the following:
i. Revised rates of Deputation (Duty) Allowance shall be applicable
from 1.7.2017.
ii. Provisions of Para 8.1 and 8.2 shall be applicable from 18.05.2018.
iii. Provisions of Para 8.3.1(iii) shall be applicable from 17.02.2016.
iv. Provisions of Para 9.2.1 shall be applicable from 18.10.2018.

15. List of the OMs mentioned in this document is annexed. In case,


any reference to the relevant OM is required, the same may be accessed
from DoPT’s website.

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ANNEXURE

List of OMs mentioned in this Document

S. O.M. No. O.M. Date Subject


No.
1. 6/8/2009- 01.03.2011 Overstay while on deputation.
Estt.(Pay-
II)
2. 6/8/2009- 15.02.2012 Clarification regarding regulation of
Estt.(Pay- payment of employer’s share of
II) contribution to the Contributory
Provident Fund during the period of
reserve deputation.
3. 6/5/2012- 30.11.2012 Provisions relating to proforma
Estt.(Pay- promotion.
II)
4. 2/1/2012- 04.01.2013 Sponsoring of names of officers for
Estt.(Pay- deputation.
II)
5. 6/8/2009- 16.05.2013 Proper Monitoring of deputation by the
Estt.(Pay- lending departments.
II)
6. 2/6/2016- 17.02.2016 Delegation of powers to Ministries /
Estt.(Pay- Departments/Borrowing Organizations
II) to extent deputation tenure upto 7
years in cases of Deputation covered by
DOPT’s OM No. 6/8/2009-Estt.(Pay-II)
dated 17th June, 2010 – regarding.
7. 2/6/2016- 23.02.2017 Admissibility of Deputation (Duty)
Estt.(Pay- Allowance while on deputation –
II) regarding.
8. 2/11/2017- 24.11.2017 Grant of Deputation (Duty) Allowance –
Estt.(Pay- Recommendations of the Seventh
II) Central Pay Commission – regarding.
9. 2/6/2018- 18.05.2018 Amendment in Para 8.1 and Para 8.2 of
Estt.(Pay- deputation guidelines issued vide OM
II) No. 6/8/2009-Estt.(Pay-II) dated 17th
June, 2010.
10. 2/15/2017- 18.10.2018 Transfer of deputation/ foreign service
Estt.(Pay- of Central government Employees to
II) ex-cadre posts under the State
Governments/ Union Territories or to
any entity controlled by and located in
the States/UTs – relaxation of para 8.5
of O.M. dated 17.06.2010.

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11. 2/10/2018- 02.03.2021 Amendment of Para 5 of consolidated


Estt.(Pay- guidelines on deputation issued vide
II) OM No. 6/8/2009-Estt.(Pay-II) dated
17.06.2010 according to 7th CPC pay
structure.
12. 2/11/2017- 15.03.2021 Grant of Deputation (Duty) Allowance
Estt.(Pay- in cases where the basic pay in parent
II) cadre has been upgraded on account of
NFU, MACP, NFSG, etc. in the 7 th CPC
context – clarification.
13. 2/9/2018- 12.04.2021 Amendment in Para 3.4 of deputation
Estt.(Pay- guidelines issued vide OM No.
II) th
6/8/2009-Estt.(Pay-II) dated 17 June,
2010.

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