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Subsistence Allowance During Suspension Under FR 53
The Basic Amount
- You are not paid any pay during suspension. You get a subsistence allowance equal to the leave salary you would have drawn on half average pay or half pay, plus dearness allowance on that leave salary (DoPT Information Document on Suspension 2022, FR 53(1)(ii)(a), PDF p. 9).
- Leave salary on half pay leave is half the pay you drew before the leave (CCS (Leave) Rules 1972, Rule 40(1) and (3), PDF p. 34). So in practice the allowance is about half your basic pay, plus DA on that half.
- This applies whether the suspension is ordered or deemed (ISTM Handbook 2024, para 15.1, PDF p. 65).
- The order on subsistence allowance should be passed with the suspension order, or as early as possible (ISTM Handbook 2024, para 15.1, PDF p. 65).
Increase or Decrease After Three Months
If suspension goes beyond three months, the authority that made the suspension order can change the amount for the period after the first three months (DoPT Information Document on Suspension 2022, FR 53(1)(ii)(a), proviso, PDF p. 9):
| Reason the suspension is prolonged | What the authority may do |
|---|---|
| Not directly attributable to you (reasons recorded in writing) | Increase by up to 50% of the allowance for the first three months |
| Directly attributable to you (reasons recorded in writing) | Reduce by up to 50% of the allowance for the first three months |
DA is then paid on the increased or reduced amount (DoPT Information Document on Suspension 2022, FR 53(1)(ii)(a)(iii), PDF p. 9).
Under FR 53 it is obligatory to decide this before the first three months end, so the order takes effect when you complete three months (ISTM Handbook 2024, para 15.3, PDF p. 65).
Example: basic pay Rs 50,000. Half pay leave salary is Rs 25,000, plus DA on Rs 25,000. After three months it can go up to Rs 37,500 or down to Rs 12,500, with DA on the new amount. This is a worked illustration only.
Other Allowances and Conditions
- You also get other compensatory allowances based on the pay you drew on the date of suspension, if you meet their conditions (DoPT Information Document on Suspension 2022, FR 53(1)(ii)(b), PDF p. 9). HRA admissible before suspension continues (ISTM Handbook 2024, para 15.1, PDF p. 65).
- No payment is made unless you give a certificate that you are not engaged in any other employment, business, profession or vocation (DoPT Information Document on Suspension 2022, FR 53(2), PDF p. 9).
- Compulsory deductions are income tax, licence fee, government loan recoveries, CGHS contribution and CGEGIS subscription. GPF subscription, court attachments and recovery of loss to Government are not deducted (DoPT Information Document on Suspension 2022, Recoveries, PDF p. 10).
- You cannot be granted leave while under suspension (DoPT Information Document on Suspension 2022, FR 55, PDF p. 11).
Where to Check
Read FR 53 as reproduced in DoPT's Information Document on Suspension (DoPT Information Document on Suspension 2022, Part J, FR 53, PDF p. 9) and the CVC Vigilance Manual (CVC Vigilance Manual 2021, Chapter VII, para 9, PDF p. 234).
All India Services officers have a parallel provision in their own rules (AIS (Discipline and Appeal) Rules 1969, Rule 4(1)(a), PDF p. 5). Railway servants, armed forces personnel, Delhi Police and KVS or NVS staff should check their own rules and orders.
Related Questions
How much subsistence allowance is paid in the first three months?
An amount equal to leave salary on half average pay or half pay, plus DA on that amount (FR 53(1)(ii)(a)).
Can subsistence allowance be reduced?
Yes, after three months, by up to 50% of the first-three-month amount, if the suspension is prolonged for reasons directly attributable to you and recorded in writing (FR 53(1)(ii)(a)).
Is HRA paid during suspension?
Yes. Compensatory allowances based on pay on the date of suspension, including HRA admissible before suspension, are paid if their conditions are met (FR 53(1)(ii)(b)).
Why must I give a non-employment certificate?
FR 53(2) bars payment of subsistence allowance unless you certify that you are not engaged in any other employment, business, profession or vocation.
Is GPF subscription deducted from subsistence allowance?
No. DoPT lists GPF subscription among deductions not to be made.
Official Sources
- DoPT OM No. 11012/16/2022-Estt.A-III dated 04.11.2022: Information Document on Suspension · Department of Personnel and Training, Government of India
- Central Civil Services (Leave) Rules, 1972 (updated as on 24.09.2024) · Department of Personnel and Training, Government of India
- Handbook for Inquiry Officers and Disciplinary Authorities (updated up to 26.12.2024) · Institute of Secretariat Training and Management, DoPT, Government of India
- Vigilance Manual (Updated 2021) · Central Vigilance Commission
- All India Services (Discipline and Appeal) Rules, 1969 · Government of India (DoPT), as published by the Ministry of Home Affairs (ips.gov.in)
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This article explains the official rules as published; it is not legal advice. Check the cited document, and your own department's orders, before acting.