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CHAPTER
VIII DEARNESS
ALLOWANCE 801.
Title.—These rules may be called the "Railway Servants
Dearness Allowance Rules". 802.
Application.—These rules shall apply to all whole time railway
servants including temporary staff subject to the provision of rule 804
below and shall not apply to those who draw dearness allowance in
accordance with other orders, e.g. ex. State Railway employees. 803.
Definition.—Unless there is anything repugnant in the subject or
context, the terms defined below are used in the sense here-in-explained.
Such of the terms as have not been defined will have the same meaning as assigned to them in the
Indian Railway Establishment
Codes:— (i)
Pay.—It includes— (a)
Pay as defined in
rule 103 (35) R-I (b)
Pension and/or Pensionary equivalent or other forms of retirement
benefits subject to the provision in Note 2 below, if any, drawn by
re-employed pensioners. Note:
1, No portion of running allowance will be treated as pay for the grant of
Dearness Allowance. However in. the case of such of the staff who have
retained pre-authorized scales, the pay shall include running allowance
drawn during the month subject to a maximum of 75% of pay. 2.
In the case of retired Railway servants, non-Govt. servants, employees of
Quasi-Govt. bodies, the dearness allowance during the period of their
reemployment on Railways, shall be granted on the pay fixed on
re-employment, plus the gross amount of pension and/or pensionary
equivalent benefits, provided that in either case the total does not
exceed the maximum of the scale of the post in which the person is
reemployed. In
the case of retired Military Pensioners, whose pay on re-employment in a
railway post is fixed without taking into account the military pension,
Dearness Allowance shall be granted on the basis of the pay of the post
only. In
cases where a part of the Pension is taken into account for the purpose of
the fixation of pay on reemployment, that part of the pension subject to
the limits laid down above will be treated as pay. For
this purpose, the amount of pension will be the amount originally
sanctioned (i.e. before commutation if any) less the amount of pension, if
any, held in abeyance as a condition of reemployment. 3.
The compensatory (construction or survey) allowance granted to staff employed on loco
building works,
projects, surveys and construction works vide rule 427 of the
Indian Railway
Establishment Code,
Volume I, shall not be included in 'pay' for the purpose of
calculating dearness allowance. 4.The emoluments received from foreign Government in the shape of
pay, leave salary or pension, will
not be taken into account for determining the eligibility to dearness
allowance. (ii)
Whole-time railway servant includes temporary staff, staff paid from
contingencies, piece-workers, workshop staff and apprentices drawing
stipends, but excludes an employee whose remuneration is fixed specially
with reference to market conditions and not at a rate already sanctioned
for his class. Note.—The apprentices recruited under the apprentice Act, 1961 and Apprentice Rules, 1962 are not eligible for dearness allowance under these rules. 804.
Scales of allowance A.
For Railway servants who are drawing pay in the revised scales of pay
(effective from 1-1-86) : (i)
The All India Average Consumer Price Index numbers for Industrial Workers
(General) Base 1960—100) is to be used for grant of compensation to
employees for price rise and such compensation would be paid from 1st
January with salary for March. (ii)
The compensation may be paid for the price rise above the 12 months index
average of 608 (Base 1960—100) to which the pay scales are related. (iii)
Employees drawing basic pay up to Rs. 3500/- is allowed 100% neutralization
in the compensation. (iv)
The compensation is to be shown as a distinct element of remuneration. (i)
Amount of Dearness allowance admissible on 30-6-1959.
(ii)
Additional Dearness Allowance sanctioned after 1.7.59.
805.
Allowance to contract officers.—Dearness allowance may be granted to
officers engaged on contract
for specified periods who may be otherwise
eligible for it
irrespective of whether there
is a
provision in the
contract for the
grant to
them of
any concession or allowance of a general nature which may be
sanctioned for officers of corresponding status, in
the regular
service and subject to the condition
that they have not already been allowed in
the fixation of their pay an element of compensation to meet the
increase in the cost of living. 806.
Allowance to officers on adhoc rates of pay :- 807.
Allowance to military officers.—Military
officers in civil employment drawing civilian rates of pay will be
eligible for the allowance under
the rules in this chapter while Military officers
drawing Military rates of pay and allowance will be governed by the
rules or orders on the subject applicable to the personnel of the Armed
Forces. 808.
Allowance on varying rates of pay.—The admissibility and the
amount of allowance to be drawn by railway servants drawing varying rates
of pay during the course of a month will be determined by the emoluments
drawn during each particular broken period of a month. 809.
Allowance on joining and leaving service.—In the case of a
railway servant joining or leaving service in the course of a month, the
allowance will be determined with reference to the monthly rate of pay and
will be proportionate to the actual days of employment in the month. 810.
Allowance during Foreign service.—A railway servant in foreign
service may draw dearness allowance from the foreign employer on
the basis of foreign
service pay, if the foreign employer is willing to bear the cost and
provided that the rates of, as well as, the monetary limits (including
marginal adjustments) for the eligibility for the allowance are not higher
than those sanctioned for railway servants. 811. Drawal of allowance during deputation out of
India.—A railway
servant drawing pay not exceeding the prescribed limits while on
deputation out of India will, during the first six months of his stay on
deputation in any one country draw D.A. at the rate
at which he would have drawn it, had he not proceeded on deputation
and thereafter. The
allowance will not be admissible to railway servants posted ex-India to
specified posts. Also Dearness Allowance or Dearness Pay is not.
admissible in conjunction with foreign allowance. 812. Drawal of allowance during
suspension.—In addition to subsistence
allowance, a railway servant under suspension shall be entitled to
dearness allowance appropriate to the actual subsistence allowance
admissible from time to time. 813. Drawal of allowance during leave
and joining time :— (a)
During leave in India—Railway servant who proceeds on leave
with leave salary will draw Dearness Allowance, based on the leave
salary actually drawn both in respect of the monetary limits within
which the allowance is admissible and for the purpose of
calculation of the amount
of allowance
admissible. (b)
During Leave
ex-India—The allowance
shall be admissible to
railway servants
during any period of leave outside India on average or half average pay,
other than leave preparatory to retirement. The allowance will be based on
leave salary actually drawn at the rates current from time to time. Note
: 1—Leave salary shall comprise of only the following elements of pay
which are taken into account for the grant of dearness allowance during
duty— (a)
Basic pay, special pay and personal pay. (b)
Gross amount of pension
and/or pensionary equivalent of
other retirement benefits in case of re-employed railway servants. (c)
Average Running allowance limited to a maximum of 75% of pay in the case
of those who are drawing pay in pre-authorized scales of pay. No portion
of running allowance shall be taken into account in the case of those who
are drawing pay in authorized scales of pay. 2—For
the purpose of computation of leave salary in the case of those drawing
pay in pre authorized scales of pay. the average pay, half average pay
etc. will be calculated excluding the dearness pay, and the Dearness
Allowance should be determined in the usual manner. (c)
During Joining time.—In the case of joining time granted under rule
1101-R-I the railway servant shall draw dearness allowance based on pay or
leave salary admissible for the joining time period as per rule 1113-R-I. 814.
Allowance during study leave.—Dearness allowance is admissible to
railway servants based on leave salary sanctioned during study leave
whether in India or abroad. 815.
Drawing of allowance during unpaid holidays. —During unpaid
holidays, workshop staff
will be eligible for the allowance at the full rate
applicable to them. 816.
Dearness allowance to
re-employed persons whose re-employment
runs concurrently with leave
preparatory to retirement.—If a railway servant while on leave
preparatory to retirement avails himself of such leave concurrently with
his new appointment in the Railway he will be granted dearness allowance
in respect of his new appointment based only on the pay of such
appointment. The allowance will neither be admissible on leave-salary, nor
will the leave salary be taken into account in calculating the allowance. 817.
Liability of the allowance to income tax.—The allowance is liable
to income-tax under Section VII of the Indian- Income-tax Act of 1922. The
deduction shall be made at source as in the case of salaries. 818.
Classification of the allowance.—The allowance shall be
classified as compensatory allowance. 819.
Dearness allowance during leave preparatory to retirement to
Nationals of Nepal and Bhutan.—A rail-way servant who is a
Nepalese, and Bhutanese
National shall be eligible to dearness allowance during leave preparatory
to retirement spent by him in Nepal and Bhutan respectively in the same
way as it is allowed to the Railway servants of Indian Nationality during
leave preparatory to retirement spent by them in India. ------------------------*----------------------------
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