Amendments in the West Bengal Service Rules, Part - I

Government of West Bengal

Finance Department

Audit Branch

NOTIFICATION

No.175-F(P), dated 9th January, 2014.- In exercise of the power conferred by the proviso to article 309 of the Constitution of India, the Governor is pleased hereby to make the following amendments in the West Bengal Services Rules, Part-I, as subsequently amended (hereinafter referred to as the said rules) :-

Amendments

In the said rules:-

(I) in rule 5,-

(a) after clause (10 ), insert the following clauses:-

“(10A) Deputation means any appointment made by transfer on a temporary basis against a sanctioned post outside the regular line and in the public interest.

(10B) Detailment means utilization of service of an employee in any job for a temporary period in the public interest under any Department or office of the Government or in any Company. Corporation, Undertaking and Statutory Body etc.. which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government.”;

(2) in CHAPTER XII:-

(a) for the heading. substitute the following heading:-

“FOREIGN SERVICE, DEPUTATION AND DETAILMENT”;

(b) for the words “foreign service”, wherever they occur, subsiitute the words "foreign service or on deputation.”;

(c) rule 97 shall be renumbered as sub-rule (1) of that rule,-

(i) in sub-rule (I) so renumbered,-

(A) for the words “No Government employee shall be transferred whether within or outside India, against his will.” substitute the following words:-

“Any Government employee may, in the interest of public service, be transferred to foreign service or on deputation within or outside India,”:

(B) for the proviso, substitute the following proviso:“

Provided that in case of transfer to foreign service or on deputation outside India, the consent of the Government employee shall be necessary to his transfer to such foreign service or on such deputation outside India.”;

(ii) after sub-rule (1), insert the following sub-rule:-

“(2) A Government employee may, if the State Government may deem fit and proper to do so to meet the exigency for any job and for optimum utilization of manpower as well as to realize full potential of such Government employee, be detailed in any other Department or office under the Government or in any Company, Corporation, Undertakings, Statutory Government or by any body which is funded by the State Government, for a period not exceeding six months without following the provisions contained in this Chapter or elsewhere in these rules and during such detailment, the terms and conditions of service including drawal of pay and allowances, promotion, sanction of leave, disciplinary control etc., shall remain with the parent cadre controlling authority or Department or office, as the case may be and shall not be any way altered to the disadvantage of

such Government employee and the period of detailment of such Government employee may be extended beyond the period of six months, if the concerned cadre controlling authority, or Department or the office or the Company, Corporation. Undertaking, Statutory Body etc. as above, feels it necessary or at the option of the concerned Government employee.”;

(iii) in Note.- (1). add the following proviso:-

“Provided that in case of a transfer to foreign service or on deputation or by detailment to any Department or office of the Government or in any Company, Corporation, Undertaking, Statutory Body etc., which is wholly or substantially owned or controlled by the State Government or by any body which is funded by the State Government, within the State, of any Government employee, no deputation allowance will be admissible to such Government employee for such transfer.”;

(iv) in Note- (2), for words “without previous consultation with the Finance Department.”. substitute the following words, figure and brackets:-

“in consultation with the Finance Department either prior to issue of the order of transfer or post facto. In case of detailment as mentioned in sub-rule (2), no such consultation will be necessary.”;

(v) in Note.-(4), for the words “after prior consultation”, substitute the word “in”: (3) Omit sub-rule (a) of rule 98.

By order of the Governor,

Sd/-

H. K. Dwivedi

Principal Secy. to the Govt. of West Bengal.

Source:http://www.wbfin.nic.in/writereaddata/175-F.pdf