No. 15011/06/2019–IC (ICD)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes & Customs (WCO Cell)
8th Floor, Tower 2, Jeevan Bharti Building,
New Delhi, Tel:- 011-21400124
Dated: The 18th March, 2019, New Delhi
All Members of Central Board of Indirect Taxes and Customs
All Chief Commissioners of Customs and Customs (Preventive)
All Chief Commissioners of GST / Customs
All Director Generals
All Joint Secretaries/Commissioners working in the Board
Subject: – Deputation of Indian Experts to Maldives in areas of financial crime, fraud investigation and money laundering -reg.
The Central Board of Indirect Tax and Customs is in the process of drawing a penal of Experts in the area of Financial Crime and Fraud Investigation, Money Laundering and Preventing Corruption for posting in the Maldives. The tenure of deputation is for one year.
Scope of Work: –
The selected officer is expected to assist in the following areas:
The required qualification and experience are as follows:-
It is requested to forward nominations of willing and suitable officers, who fulfill the criteria with vigilance clearance and APAR grading for the last 5 years by e-mail to [email protected] and copy to [email protected]. The nominations should be sent on or before 31st March, 2019.
It is requested that the officers may be advised not to send their applications/ nominations to WCO Cell directly. The selected officer will be suitably informed after the selection by the Board. The Officer selected will require to join immediately. Terms & Conditions admissible to the long term experts is enclosed and Annexure I.
Encl:- As above
ANNEXURE – I
Terms and conditions admissible to the long term experts. i.e. whose period of deputation is one year or more
HOM will be the Controlling Authority in respect of ITEC Experts for all purposes. ITEC Experts are required to submit monthly progressive report to their parent departments under intimation to HOM in respect of work undertaken by them.
The Terms & Conditions are as given below:
i. Pay, Grade Pay, Military Service Pay, Flying Allowance, Technical Allowance and Special pay, if any, as admissible in the parent department/ service in India from time to time. The expert will NOT be entitled to draw allowances such as dearness allowance, house rent allowance, conveyance allowance etc. which he was drawing in India prior to his/her deputation.
ii. In the case of ITEC experts who have NO parent department at the time of deputation or have NO lien on any post in India or who are serving in private organization or who are otherwise treated as open market deputationists, their pay/scales will be decided initially before deputation is ordered which, in no case, will be more than what is being paid to serving employees in comparable posts. In respect of officers who have been in Government Service and left that service without service benefits but serving in private organization etc. at the time of deputation, their pay will normally be fixed on the basis of last pay drawn while they were in Government Service. However, in the case of Government Servants, who retired from service with attendant benefits, their pay will be fixed in accordance with Rules as applicable from time to time. In cases where a running pay-scale is fixed, the expert will draw the increment after completion of a minimum of 12 months’ service in the deputation post in the foreign country.
iii. In case the expert becomes due for promotion in his/her regular line in his/her parent department/State Government, he/she will NOT be entitled to proforma promotion and/or financial benefits accruing therefrom during the period of his/her deputation. It will, however, be for the parent department/State Government to safeguard the interests of the expert.
iv. In the case of doctors, the non-practising allowance would also be admissible during the period of deputation. In the case of Central Government doctor, the NPA drawn by them would be admissible to them at the same rates as are being drawn by the CGHS doctors. In the case of State Government doctors and those serving with semi-government/autonomous organizations, the NPA will be admissible at the rates and subject to the condition it was being drawn prior to deputation. In the case of non-Government doctors, the NPA would be fixed at the same rates as is admissible to non-CGHS doctors. The drawal of NPA is subject to the condition that the doctors are NOT allowed private practice in the country of assignment. In the case of State Government doctors who have been allowed private practice while serving in India, NPA may be fixed at suitable rate in consultation with respective Director General of Health Services of the State and allowed to draw the same subject to the over-riding condition mentioned in the preceding sentence.
v. Experts are non-representational officers and therefore are not entitled to Representational Grant & servant wages.
2. Compensatory (Foreign) Allowance:
i. The expert will be entitled to draw compensatory (foreign) allowance at the rates fixed for the country of the assignment by the Ministry of the External Affairs from time to time. This allowance will be reduced by 50% if the recepient Government provides full board and lodging free of charge to the expert or adequate allowance to cover both. If the allowance is given by the recepient Government in lieu of free board and if it is less than the compensatory (foreign) allowance admissible in the country, the difference between the two may be sanctioned by the Government of India.
ii. Where husband and wife are deputed as experts to the same station under the ITEC programme or any other scheme funded from the Consolidated Fund of India, each officer would be entitled to full compensatory (foreign) allowance.
iii. Instructions regarding economy cuts, if any, will also be applicable in these cases.
3. Additional Foreign Allowance in lieu of Income-Tax:
i. This allowance is admissible equal to the actual amount paid as income tax on the salary drawn by the expert in the financial year i.e. 1st April to 31st March.
ii. For calculation of additional foreign allowance, periods of duty in the deputation post in the foreign country is taken into account. The reimbursement of additional foreign allowance will be made to the officer in one lump sum, at the time of final assessment for income tax on his/her salary in that financial year.
The Government of the country to which the expert is assigned shall provide free furnished accommodation or in lieu provide suitable allowance to cover the cost thereof.
i. Single fare for the expert and entitled members of his/her family as defined in the IFS (PLCA) Rules, 2006 edition (in appropriate class of entitlement) from the place of duty in India up to the nearest international airport and from there by air by economy class to the place of duty in the foreign country concerned and the return journey on completion of the assignment will be regulated likewise. If a Female ITEC expert wants her husband, who may not be dependent on her in India, to accompany her to the place of posting, passage for the husband could be allowed at Government cost provided an undertaking is given that the husband will not take up gainful employment during the period of deputation. A similar undertaking would be required from an expert whose wife may not be dependent on him in India. Yearly certificate for every completed year of deputation and at the end of the deputation for the remaining period regarding the fulfillment of the condition shall be submitted to the Head of the Mission concerned for countersignature.
ii. Passage for the expert and the entitled members of his family should be booked through Air India and they will also travel by Air India to the maximum extent possible.
iii. Passages as above may be allowed at Government cost to entitled members of the family of an expert from the station of his/her previous posting to the place of his/her deputation abroad and back only in cases where the members actually accompany him/her with a view to taking up residence with him/her. If, for any unavoidable reason, any entitled member/members of family cannot accompany him/her on his/her onward journey, the Ministry may allow him/her/them passage(s) within 2 months/4 months/6 months depending on whether the period is 1 year but less than 2 years; 2 years but less than 3 years and 3 years or more respectively. Any entitled member/ members who is so allowed to follow the expert on an onward journey will not be allowed passage at Government cost for preceding the expert in relation to his/her return journey to India on expiry of the tenure. Also in respect of any entitled member/members who has/have accompanied the officer on the outward journey, Ministry may permit passage/passages at Government expense in connection with the return journey which may involve the member/members preceding the expert on the terminal journey to the extent of the periods specified above.
6. Entitlement of Single Dependent Parent:-
A single wholly dependent parent of the Expert subject to fulfillment of conditions mentioned in IFS (PLCA), Rules will be entitled to transfer passage/Home Leave Fares & Medical facilities to the extent admissible to the expert.
7. [Composite] Transfer Grant:
The expert will be entitled to draw composite transfer grant of an amount equal to one month basic pay (excluding special pay, MSP and NPA) at the time of his/her proceeding abroad from India. In the event of drawal of “Composite Transfer Grant” by the Expert, the transfer incidentals like taxi/conveyance charges for self and family from residence to Airport will not be admissible. Packing charges will also not be admissible.
7- A Packing Charges:
On transfer back to India on completion of deputation period, the experts are entitled to full packing charges on the admissible quantum of personal effects to be transported either by air or surface route. Such charges will be paid by the Mission direct to the packers on the approved panel for the concerned Mission and the experts will NOT be entitled to payment of any Transfer Composite Grant, as mentioned in Para 6 above. The procedure contained in this Ministry’s letter No.Q/GA/791/42/82 dated 30th March, 1983 as amended from time to time will be applicable.
In respect of experts posted at a station other than the headquarters of Indian Missions, in the country concerned, the procedure prescribed in the letter dated 30th March, 1983 as amended from time to time, for approval of panel of packers etc. will apply mutatis-mutandis.
8. Limits of Personal effects:
i. The expert may be allowed, in lieu of surface route entitlement, to carry a maximum of 560 Kgs by air as unaccompanied baggage inclusive of free allowance per ticket given by the air company which can be carried as accompanied baggage and the baggage admissible under the mandatory orders. The entire baggage should be booked through Air India in one lot. The services of Air India are to be utilized for transportation of the baggage. In sectors where Air India does not operate, the baggage is to be booked through Air India for carriage by foreign airliner at cargo rates.
ii. In the case of experts deputed to Afghanistan, however, till such time as the land route via Pakistan remains closed, they will be allowed to carry by air as an unaccompanied baggage, personal effects up to 1120 kgs inclusive of free allowance given by the air company which can be carried as accompanied baggage and the baggage admissible under the mandatory orders. This would be in lieu of entitlement by surface route.
iii. Experts will have the option to carry personal effects by surface route up to a maximum of 1400 kgs. inclusive of the free allowance given by air company, the baggage admissible under mandatory orders and weight of lift vans, packing material etc.
NOTE: The term personal effects will not include motor vehicles.
9. Incidental expenses
The expert will be entitled to claim incidental expenses in respect of journey mentioned at Para 5 above in terms of Para 8, 9, 10 and 11 of the Annexure-X111 of the IFS(PLCA) Rules. The relevant extracts are reproduced at Appendix “A”.
10. Joining time
The experts will be entitled to joining time and pay & allowances during the joining time as admissible to officers of equivalent status, under Annexure-I to the IFS (PLCA) Rules, 2006. In the case of experts who have been treated as ‘Open Market’ candidates, no joining time and allowance thereof is permissible.
11. Medical Facilities
The expert and entitled members of his family would be entitled to receive medical treatment facilities which may be provided by the government of the country to which the services have been assigned. To the extent to which requisite medical treatment facilities are not made available by the Government concerned, the expert would be entitled to claim and receive reimbursement as admissible under the Ministry of External Affairs Circular No. Q/GA/653/1/74 dated 5.3.1979 as amended from time to time.
In respect of ITEC experts posted at a station other than the Headquarters of Indian Mission in the country concerned, the procedure prescribed in the ibid letter dated 5.3.1979 as amended from time to time, for approval of panel Doctors/Hospitals etc will apply mutatis/Muntandis.
12. Assistance in emergency
The Experts would be entitled to one single emergency fare for reasons of personal or family emergency, either for the self or for a member of the family throughout his/her career abroad in one or more such assignments, which need not necessarily be continuous. If the emergency fare is availed of by the expert and/or his/her spouse, he/she may take along children under five years of age. HOMs/HOPs may sanction Emergency passage provided the same are admissible in accordance with the Rules. Necessary entries to this effect should be made in the service book/record of the expert concerned by the Mission/Post. In case the Service Book of the expert is not available with the Mission/Post, prior approval of the administrative Ministry may be sought. Administrative Ministry/Department of Expert & Ministry of External Affairs should be informed of the utilization of Emergency Passage
13. Children’s Education Allowance:
This allowance shall be admissible to the expert up to two children between the ages 5 & 20 years receiving education either in India or in a school at the place of posting of the officer, imparting education in English medium and is on the panel of schools approved by the Ministry. This scheme will be applicable upto the school stage of education only. The allowance will be payable on production of the receipt & certificate of actual expenditure in the following terms:
i) The Govt. shall reimburse actual expenditure incurred on Registration and Admission Fee (one time), Lab fees such as science fee, computer fee, Annual Tuition Fee including Boarding and Lodging but excluding the cost of Uniforms, Books, Transportation and Building Fund etc. subject to a gross ceiling of Rs.16,000/- per annum per child provided the admission sought is in an Indian School.
ii) The mandatory recovery of Rs.200/- per month per child would also be made from the expert.
iii) The concession shall cease to be admissible from the date the expert relinquishes charge in the country of deputation on transfer to India.
iv) For periods of less than one year, the reimbursement shall be made on a pro-rata basis.
v) If a child is receiving education at the place of the posting of the expert in a school imparting education in English and the school is on the panel of schools approved by the Ministry for the station, the school fee, admission fee, registration fee, examination fee and lab fee, such as science fee, computer fee shall be paid by the Mission/Post direct to school by Cheque against a recovery of Rs.200/- per month per child from the expert. Charges which are NOT admissible but are included in the school bill will be settled by the experts themselves
vi) In stations where education in English medium is available without payment of any school fee, no education allowance shall be admissible nor shall any recoveries be made from the expert on this account.
vii) The Government shall not pay any education allowance or reimburse any school fee in cases where children are studying in a place other than India or the place of posting of the expert.
viii) Expenditure incurred by officers on the education of their children who are pursuing studies through correspondence courses shall not be admissible.
ix) In case the ITEC expert is posted at a station other than the one where Indian Mission is located, an English Medium School in that place may be included in the panel on the recommendations of the Mission and with the prior approval of Ministry of External Affairs.
(Any changes brought about in the operation of this scheme in respect of India based personnel of the Missions concerned will apply mutatis-mutandis to the ITEC deputationists)
14. Outfit allowance:
Only experts whose initial period of deputation is two years and more will be entitled to an outfit allowance. The expert shall draw the same outfit allowance as admissible to the IFS officer of corresponding grade.
15. Home Leave Passage:
In the event of the recepient Government not extending the facility of visit to India at their cost during the period of deputation, the expert and the entitled members of the family will be eligible to home leave passage by air by economy class by approved route from the place of duty in the foreign country to the International Airport nearest to the declared Home Town in India ONCE during the entire period of deputation, on the following conditions:-
a) The initial deputation is for three years.
b) The one set of Home Leave Passage can be availed by an expert and entitled members of family with the approval of the concerned HOM/HOP, once during the currency of his/her deputation after a minimum stay of six months.
c) The travel of the expert will be subject to grant of leave but the entitled members of his/her family who have resided with the expert for atleast six months can travel separately or together with the expert provided the return journey of each member is completed within one year of the outward journey. This will be subject the condition that before applying for HLF, the expert will be required to submit his/her transfer TA claim along with all necessary documents.
d) The expert shall serve for a minimum period of three months on return from India after availing Home Leave Passage, before the expiry of deputation.
e) Dependent sons/daughters getting employed or getting married after travel to India or remaining there for pursuing of studies, after having performed the journey to India will be entitled to one way home leave fares for the journey from station abroad to India, which will be deemed as ‘terminal’ passage. Such of those dependent sons/daughters who stay back in India for pursuing of studies will NOT be eligible for Children Holiday Passage in that block year. However, if the period of deputation exceeds 2 years, then CHP is admissible from 2′ year onwards.
f) If an expert or member of his/her family travels by a route other than the approved route, the entitlement will be restricted to cost of passage by approved route.
g) Mandatory baggage facility on Air-India’s sector is admissible on home leave journeys.
h) An expert or a member of family traveling on Home Leave Fares/Emergency Fares will not be entitled to transportation of excess baggage at Government. He/She would, however, be entitled to obligatory charges and incidental charges like porterage, conveyance etc. for the foreign portion of journey only. No incidentals except Foreign Travel Tax would be admissible for the portion of journey performed within India. The expert will also be entitled to travel time including enforced halt in transit.
16. Children’s Holiday Passage:
HOM/HOP may permit an expert to avail Children’s Holiday Passage in respect of children who are left behind in India for educational purposes and are receiving education in recognized educational institutions in India to visit their parents once in a year during vacation, subject to the following conditions:-
i. The concession will be limited to the payment of cost of return air passage by the cheapest class available from the airport nearest to the place of study of the child in India to the place of duty of the expert abroad. No other incidental charges (that may be admissible under T.A. Rules) will be admissible.
ii. (Note: The term “Cheapest class” used above does not mean “economy class” rather; it refers to excursion fares, or concessional air tickets, issued by Indian Airlines/Air India to student travellers.)
iii. It may be availed of during any vacation once in a period of 12 months being computed from the date the expert joins his/her post abroad.
iv. The passage cost will be admissible for a maximum of two children between the ages of 6 & 22 years. (The child must have completed 6 years but not completed 22 years on the date of commencement of outward journey).
v. These passages will NOT be admissible if one parent is resident in India.
vi. If an expert has more than two children between the ages of 6 & 22 years receiving education in recognized educational institutions in India, he shall have the option to send his wife to India to be with the children during the long vacation in lieu of the children visiting the parents abroad, provided the expert is otherwise eligible to avail of Children’s Holiday Passage in respect of two of his children at that time. If this option is exercised, the wife of the expert shall be entitled to the cost of a return air passage by the cheapest class available from the station abroad to the first airport of landing in India, provided she arrives in India not more than three weeks before the commencement of vacation, and leaves India not more than three weeks after its end.
vii. Defence academies will NOT be considered as recognized educational institutions for the purpose of this Para. This facility will also NOT be admissible to a child receiving education in India through correspondence course.
viii. The entitlement to Children’s Holiday Passage will be determined with reference to a 12-monthly tenure of the Expert at the specified station abroad sanctioned in advance by the Ministry of External Affairs.
ix. All requests for grant of passage under this scheme will be made in writing by the expert along with two copies of particulars in the proforma at Appendix to the Annexure-VIII of IFS (PLCA) Rules, 2006.
x. A record of the passages availed of under the scheme shall be maintained by the concerned Division of Ministry of External Affairs dealing with the deputation and the Mission concerned.
xi. Individual sanctions will be issued for the passages availed of under the scheme.
(Any changes brought about in the operation of this scheme in respect of India based personnel of the Missions concerned will apply mutatis-mutandis to the ITEC deputationists).
HOM/HOP may grant leave to the expert and draw leave salary in accordance with the orders contained in Appendix ‘B’.
HOM/HOP may grant Ex-India leave with the prior approval of parent department under intimation to Ministry subject to the limits prescribed in IFS (PLCA), Rules, 2006. Admissibility of allowances during ex-India leave will be governed by instructions contained in IFS (PLCA), Rules, 2006 as amended from time to time.
18. Leave salary contribution Provident Fund and Pension contributions:
These will be payable to the lending authority where ever necessary, in accordance with the provision of the Account Code or rules of the lending authority concerned.
19. Disbursement of pay and allowances:
The pay and allowance will be drawn in the specified currency. The disbursement of pay and allowances will be made by the Indian Mission in the country concerned.
20. Purchase of motor car by the expert:
The Ministry of External Affairs will NOT give any advance to the expert for the purchase of a car. The expert, however, will be permitted to obtain foreign exchange of reasonable value, if he/she can arrange to have the requisite Rupee amount of his/her own. Each case of remittance would be considered by the Ministry of External Affairs on merit after obtaining the requisite certificate from the Head of the Indian Mission concerned about the necessity to maintain a car and clearance from foreign exchange angle. The entire amount of foreign exchange will have to be repatriated by the expert during the period of assignment. No reimbursement of customs duty will be allowed by the Government of India under any circumstances to any expert. Charges on account of transportation of car will also NOT be paid by the Government of India.
21. Extension in tenure:
The grant of extension of the expert may be considered by the Ministry on the specific request of the local Govt. and recommendations of the Mission subject to the following:
i) WILLINGNESS OF THE EXPERT
ii) NOC FROM PARENT OFFICE;
iii) AN UNDERTAKING FROM RECEIVING GOVT THAT THE COST OF TERMINAL PASSAG, HLF, CHP & TRANSPORTATION OF BAGGAGE WILL BE BORNE BY THEM IN CASE THE EXTENSION IN DEPUTATION IS ALLOWED;
22. Interpretation —
If any question arises relating to the interpretation of these rules, it shall be referred to the Ministry of External Affairs whose decision thereon shall be final.