## Policy Analysis Report: Supplementary Amendment Rules, 2021
**1. Executive Summary:**
This report analyzes the "Supplementary Amendment Rules, 2021" based on the provided Government of India Gazette notification. This amendment modifies the existing Supplementary Rules concerning the handling of fees received by Government servants. The core change involves adjusting the amount of fees a government servant can retain before a portion must be credited to the Consolidated Fund of India. Specifically, the amendment changes supplementary rule 12, stipulating that one-third of any fees exceeding Rs. 5000 paid to a Government servant in a financial year must be credited to the Consolidated Fund of India, unless otherwise directed by the President. This report details the amendment, its likely rationale, and its potential impact.
**2. Introduction:**
This report aims to provide an informative overview of the "Supplementary Amendment Rules, 2021" based solely on the official Gazette notification provided. It analyzes the specific changes introduced by the amendment and their potential implications.
**3. Policy Overview:**
* **Type:** Amendment
* **Original Policy:** Supplementary Rules (as referenced in the notification).
* **Core Objective(s) (Inferred):** The core objective, inferring from the text, is to regulate the handling of fees earned by government servants, specifically the portion to be deposited into the Consolidated Fund of India. The objective appears to be refining the existing policy on fee retention.
**4. Background and Rationale:**
As this is an amendment, the rationale focuses on *why* this specific change was made. The original Supplementary Rules likely had a different threshold or rule regarding fee distribution. This amendment suggests a need to adjust the financial guidelines for fees earned by government servants. The change from an unknown previous rule to the new rule capping retained fees at Rs. 5000 before requiring a portion to be credited to the Consolidated Fund, implies a desire to increase revenue to the Consolidated Fund from fees earned by government employees. There could have been issues around fairness, transparency, or revenue generation that this amendment addresses.
**5. Key Provisions / Changes:**
This section details the changes introduced by the amendment.
* **Specific Part of Original Policy Changed:** Supplementary Rule 12.
* **New Rule/Provision:** "S.R. 12. unless the President by special order otherwise directs, one third of any fees in excess of Rs.5000 paid to a Government servant in a financial year shall be credited to the Consolidated Fund of India."
* **Difference/Effect of Change:** Previously, the rule regarding fees may have been different, allowing for higher retention by the government servant or a different fraction to be credited. This amendment sets a clear threshold of Rs. 5000. Any fees exceeding this amount are subject to the one-third remittance rule. The effect of this change is likely to increase the amount of fees contributed to the Consolidated Fund of India by government servants earning fees exceeding Rs. 5000 annually.
**6. Target Audience and Stakeholders:**
Based on the provided text, the primary target audience and stakeholders are:
* Government servants who receive fees in addition to their regular salary.
* The Comptroller and Auditor General of India (due to the requirement for consultation).
* The Department of Personnel and Training (as the issuing authority).
* The President of India (ultimate authority via Article 309 and 148 of the Constitution)
* Ministry of Personnel, Public Grievances and Pensions
* Indian Audit and Accounts Department
* Consolidated Fund of India
**7. Implementation Aspects (Inferred):**
* **Responsible Agency/Bodies:** The Department of Personnel and Training is responsible for issuing the notification. The Comptroller and Auditor General of India was consulted, suggesting an oversight role. Individual departments employing government servants earning fees will be responsible for implementing the rule.
* **Timelines/Procedures:** The amendment came into force on the date of its publication in the Official Gazette (November 15, 2021). Procedures for calculating and remitting the one-third of excess fees would need to be established by the relevant departments.
* **Implementation Specific to Changes:** Departments must now track fees earned by their employees and ensure compliance with the new Rs. 5000 threshold and one-third remittance rule. Existing accounting and reporting systems might need adjustment.
**8. Expected Outcomes / Impact of Changes:**
The likely intended outcome of this amendment is to increase the revenue accruing to the Consolidated Fund of India from fees earned by government servants. This change may also promote greater transparency and standardization in the handling of government servant fees. The change might lead to some level of opposition from employees earning fees, particularly those who previously retained a larger portion.
**9. Conclusion:**
The "Supplementary Amendment Rules, 2021" represent a refinement of existing regulations concerning fees earned by government servants. By establishing a clear threshold and remittance rule, the amendment is likely intended to increase revenue to the Consolidated Fund of India and improve the financial management of government fees. While the provided text offers a limited view, the amendment is a significant adjustment impacting government employees who receive fees, and government departments who manage such employees.
Key Entities Referenced
Constitution: Refers to the Constitution of India, specifically article 309 and article 148.
Comptroller and Auditor General of India: Constitutional authority in India, consulted regarding the rules affecting persons in the Indian Audit and Accounts Department.
Indian Audit and Accounts Department: Department whose personnel are subject to consultation with the Comptroller and Auditor General of India regarding rule amendments.
President: The President of India, who makes the rules to amend the Supplementary Rules.
Supplementary Rules: The set of rules being amended by this notification.
Supplementary Amendment Rules, 2021: The name given to the amended rules introduced by this notification.
Consolidated Fund of India: The fund into which a portion of fees paid to government servants is to be credited.
Ministry of Personnel, Public Grievances and Pensions: The ministry under which the Department of Personnel and Training operates.
Department of Personnel and Training: The department issuing the notification.
New Delhi: Location of the Department of Personnel and Training, Union Territory of Delhi
Rashmi Chowdhary: Additional Secretary, signing the notification.
रजजस्ट्री स.ं डी.एल.- 33004/99 REGD. No. D. L.-33004/99
xxxGIDHxxx
सी.जी.-डी.एxलxx.G-अID.E-x2x3x1 12021-231299
CG-DL-E-23112021-231299
असाधारण
EXTRAORDINARY
भाग II—खण् ड 3—उप-खण्ड (ii)
PART II—Section 3—Sub-section (ii)
प्राजधकार स ेप्रकाजित
PUBLISHED BY AUTHORITY
स.ं 4462] नई ददल्ली, मगं लिार, निम्ब र 23, 2021/अग्रहायण 2, 1943
No. 4462] NEW DELHI, TUESDAY, NOVEMBER 23, 2021/AGRAHAYANA 2, 1943
कार्ममक, लोक जिकायत और पिें न मत्रं ालय
(कार्ममक और प्रजिक्षण जिभाग)
अजधसचू ना
नई ददल्ली, 15 निंबर 2021
का.आ. 4829(अ)—राष्ट्रपजत , संजिधान के अनुच्छेद 148 के खंड (5) के साथ पठित अनच्ु छेद 309 के परंतुक
द्वारा प्रदत्त िजियों का प्रयोग करते हुए तथा भारतीय लेखा परीक्षा और लेखा जिभाग में काययरत व्यजियों के संबंध में,
भारत के जनयंत्रक और लेखा महापरीक्षक के परामि य से, परू क जनयमों का और संिोधन करन े के जलए जनम् नजलजखत जनयम
बनाते ह,ैं अथायत् :-
1. (1) इन जनयमों का संजक्षप्त नाम परू क ( संिोधन ) जनयम 2021 ह ै।
(2) ये राजपत्र म ेंइनके प्रकािन की तारीख को प्रिृत्त होंगे ।
2. पूरक जनयमों म,ें पूरक जनयम 12 के स्ट्थान पर जनम्नजलजखत जनयम रखा जाएगा, अथायत् :-
"पू.जन.12 - जब तक राष्ट्रपजत जििेष आदेि द्वारा अन्यथा जनदेि नहीं देते तब तक दकसी जित्तीय िषय में सरकारी
सेिकों को 5000/- रुपये स ेअजधक संदत् त दकसी फीस का एक जतहाई भाग भारत की संजचत जनजध में जमा कराया जाएगा।”
[फा.सं. ए-37013/01/2018- स्ट्था. (भत्ता)]
रजमम चौधरी, अपर सजचि
स्ट्पष्टीकरण : मूल जनयम, भारत के राजपत्र , भाग II, खंड 3 , उपखंड ( ii ) द्वारा प्रकाजित दकए गए थ े और का.आ.
संखयांक 2358, तारीख 28/8/1981 द्वारा प्रथम बार संिोजधत दकए गए थे तथा अजधसचू ना संखयांक
का.आ. 747 तारीख 30/3/2001 द्वारा अंजतम बार संिोजधत दकए गए ।
6764 GI/2021 (1)2 THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(ii)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 15th November, 2021
S.O. 4829(E).—In exercise of the powers conferred by the proviso to article 309 read with clause (5) of
article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in
relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the
following rules further to amend the Supplementary Rules namely: -
1. (1) These rules may be called the Supplementary (Amendment) Rules, 2021.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Supplementary Rules, for supplementary rule 12, the following shall be substituted,
namely:-
―S.R. 12. – unless the President by special order otherwise directs, one third of any fees in excess of
Rs.5000/- paid to a Government servant in a financial year shall be credited to the Consolidated
Fund of India.‖
[F.No.A-37013/01/2018-Estt.(AL]
RASHMI CHOWDHARY, Addl. Secy.
Note: The principal rules were published in the Gazette of India, Part-II, Section 3, Sub-section (ii) and were
amended for first time vide S.O. No. 2358 dated the 28.08.1981 and last amended vide notification
number S.O. No. 747 dated 30.03.2001.
'
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