Section 46 in West Bengal Municipal (Employees' Service) Rules, 2010
46. Substantive grant under suspension.
(1) An employee under suspension or deemed to have been placed under suspension by an order of the appointing authority shall be entitled to the following payments, namely :(a)Subsistence allowance at an amount equal to the Leave salary, which the employee would have drawn if he had been on half pay leave :Provided that when the period of suspension exceeds three months, the authority which made or 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 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, not directly attributable to the employee;(ii)the amount of 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 due to reasons, to be recorded in writing, directly attributable to the employee.(b)Dearness, Medical, Compensatory or other allowances, if any, admissible from time to time on the basis of reduced pay which the employee may, be in receipt during the period of suspension i.e. on the half-pay or such portion thereof as the suspending authority may direct, subject to the fulfilment of other conditions laid down for the drawal of such allowances.(2)No payment under sub-rule (1) shall be made unless the employee furnishes a certificate, that he is not engaged in any other employment, business, profession or vocation :Provided that in the case of an employee dismissed, removed or compulsorily retired from service, who is deemed to have been placed or to continue to be under suspension from the date of such dismissal or removal or compulsory retirement and who fails to produce such a certificate for any period of suspension, he shall be entitled to the subsistence allowance and other allowances equal to the amount by which his earning during such period or periods, as the case may be, falls short of the amount of subsistence allowances and other allowances that would otherwise be admissible of him; where the subsistence allowance and other allowances admissible to him, are equal to or less than the amount earned by him nothing in this proviso will apply to him.(3)There shall be recovered from the subsistence allowance granted to the employee the following that would have been recovered from his salary had he not been suspended :-(a)The dues such as income tax, profession tax. house rent, charges for electricity and water and the like;(b)Contribution towards Group Insurance Scheme;(c)Loans and advance taken by the employees from the Local Body Employees Credit Co-operative Society;(d)Over-payment made to the employee by the Local Body; and(e)Loss to the Local Body for which the employee has been held responsible :Provided that the total amount of recoveries to be made under clauses (c) to (e) shall not, unless the appointing authority by the special order otherwise directs, exceed one-third of the subsistence allowance to the employee referred to in clause (a) of sub-rule (1) and where the total amount calculated to be so recovered under clauses (c) to (e) exceeds one-third of such subsistence allowance, sanction of the Board of Councillors shall be obtained as to the amount to be recovered under each of the aforesaid clauses in order that the total amount of such recoveries may not exceed one-third of such subsistence allowance.(4)Recovery may also be made from the subsistence allowance to the employee with his written consent and to the extent agreed upon in respect of the following, namely :(i)Subscriptions to o Provident Fund;(ii)Premium due on Postal Life insurance Policies;(iii)Dues of any Co-operative Society; and(iv)Amount due or the Court attachment.Note 1 : When an employee under suspension was in the temporary post before he was placed on suspension, the question of extension of the term of the temporary post may arise. The competent authority shall take a decision whether the individual who is due to be discharged on account of the expiry of the sanction of the post held by him or otherwise becomes liable to be retrenched or whether, to enable disciplinary proceedings being continued, steps should be taken to provide a post for him. In the latter case his post may be extended by the competent authority.Note 2 : (i) The subsistence allowance shall not be denied on any ground unless an employee is unable to furnish a certificate that he is not engaged in other employment, business, profession or vocation during the period of suspension.(ii)Each claim for subsistence and compensatory/House Rent allowance shall be supported by a certificate by the employee concerned to the effect that he is not engaged in any employment, business, profession or vocation during the period to which the claim relates.(iii)Review(a)First ReviewA review of the subsiStence allowance shall be made before the end of three months from the date of suspension. This will also give an opportunity to the competent authority to review not merely the subsistence allowance but also the substantive question of suspension.(b)Second or subsequent review(s)There is no objection to such review(s) being made by the competent authority. Such authority shall be competent to increase or decrease the rate of subsistence allowance upto 50% of the amount of the subsistence allowance initially granted according to the circumstances of each case. A second or subsequent review can be made at any time at the discretion of the competent authority.(c)Retrospective Revision It is not considered advisable that any order revising the rate of subsistence allowance should be given retrospective effect. This is merely an advice of caution intended to serve, as a guideline to the competent authority ordering variation in subsistence allowance as such authority in all cases shall initiate action in sufficient time so that requisite order can take effect as soon as a suspended employee completes three months under suspension. This does not override the power of the competent authority conferred under this rule to review the subsistence allowance. As such in case an order for variation of subsistence allowance under this rule is passed by the competent authority (disciplinary or appellate) after quite some time from the expiry of the requisite three months and that authority is satisfied that the variation has got to be recorded in writing and orders accordingly, the same shall be valid and binding on all concerned.(d)Deemed suspension and law of limitation :An employee in whose case the order of suspension is deemed to have been continued in force or who is deemed to have been placed under suspension from the date of original order of dismissal/removal/compulsory retirement from service, he is to be paid subsistence and other allowances under this rule with retrospective effect from the date of order of such dismissal/ removal/compulsory retirement.
