Subsistence Allowance during Suspension - for information
THE ALL INDIA SERVICES(DISCIPLINE AND APPEAL) RULES, 1969
4. Subsistence allowance during suspension.
4(1)
A member of the Service under suspension or deemed to have been placed
under suspension by the Government concerned shall be entitled to
receive from that Government:-
4(1)(a) a subsistence allowance at an
amount equal to the leave salary which a member of the Service would
have drawn if he had been on leave on half-average pay or on half pay
and in addition, dearness allowance, if admissible on the basis of such
leave salary; Provided that where the period of suspension exceed three
months, the authority which made or is deemed to have made the order of
suspension shall be competent to vary the amount of subsistence
allowance for any period subsequent to the period of the first three
months as follows:
(i) the amount of
subsistence allowance may be increased by a suitable amount, not
exceeding 50 per cent of the subsistence allowance admissible during the
period of the first three months, if, in the opinion of the said
authority, the period of suspensions has been prolonged for reasons, to
be recorded in writing, not directly attributable to the member of the
Service;
(ii) the amount of the subsistence allowance may be
reduced by a suitable amount, not exceeding 50 per cent of the
subsistence allowance admissible during the period of the first three
months, if in the opinion of the said authority, the period of
suspension has been prolonged for reasons, to be recorded in writing
directly attributable to a member of the Service;
(iii) the
rate of the dearness allowance will be based on the increased or, as the
case may be, the reduced amount of subsistence allowance admissible
under sub-clause (i) or sub-clause (ii) above.
4(1)(b)
any other compensatory allowance admissible from time to time on the
basis of pay of which a member of the Service was in receipt on the date
of suspension, subject to the fulfillment of other conditions laid down
for the drawal of such allowance.
4(2) No member of the Service
shall be entitled to receive payment under sub-rule (1) unless he
furnished a certificate that he is not engaged in any other employment,
business, profession or vocation.
4(3) The authority to grant subsistence allowance shall be the suspending authority.
Government of India's Decisions
(1) The Government of India have decided that:
(1) The Government of India have decided that:
(i)
the amount of subsistence allowance once granted should be varied by
the suspending authority under the first proviso to this rule only after
recording in writing the reasons for increasing or decreasing the
amount;
(ii) a member shall not be entitled to compensatory allowance
of which he was in receipt prior to suspension unless the suspending
authority is satisfied that he continues to meet the expenditure for
which they were granted.
[G.I., M.H.A. Letter No.
13/7/58-AIS (III), dated 18th October, 1958, read with No. 7/20/59-AIS
(II), dated the 17th November, 1959]
(2) The Government of India have decided that the following deductions should be enforced from subsistence allowance:-
(i)
Income tax and super tax (provided the member's annual income
calculated with reference to subsistence allowance is taxable).
(ii) House rent and allied charges i.e. electricity, water furniture etc.
(iii) Repayment of loans and advances taken from Government at such rates as the competent authority deems it right to fix.
(2.2) The following deductions should not be made except with a member's written consent letter-
(a) Premia due on Postal Life Assurance Policies.
(b) Amounts due to Co-operative Stores and Co-operative Credit Societies.
(c) Refund of Advances taken from General Provident Fund.
(2.3) The following deductions should not be made from subsistence allowances:-
(i) Subscription to the All India Services Provident Fund.
(ii) Amounts due on Court attachments.
(iii) Recovery of loss to Government for which a member is responsible.
(2.4)
There is no bar to the recovery of overpayments from subsistence
allowance but the competent authority will exercise discretion in
deciding whether recovery should be held wholly in abeyance during the
period of suspension or it should be effected at full or reduced rate
depending on the circumstances of each case.
[G.I., M.H.A. letter No. 7/18/59-AIS (II), dated 21st October, 1959]
(3)
A question having arisen, it was decided that an officer (under
suspension) is entitled to receive subsistence allowance at the rate
equal to leave salary which he would have drawn while on leave on half
average pay or half pay as the case may be, for the first twelve months.
If after the expiry of that period, the competent authority does not
find it necessary to increase or decrease the amount, the officer (under
suspension) will continue to receive the same amount of subsistence
allowance and it is not necessary to issue fresh orders in this regard.
[G.I., M.H.A. letter No. 7/8/62-AIS (III), dated 5th May, 1962]
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