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EL TRIBUNAL DE JUSTICIA DE LA COMUNI- COMUNI-DAD ANDINA, Quito, a los once días del mes

Interpretación prejudicial de los artículos 81 y 83 literal a) de la Decisión 344 de la Comisión del Acuerdo de Cartagena, realizada con base en la solicitud formulada

EL TRIBUNAL DE JUSTICIA DE LA COMUNI- COMUNI-DAD ANDINA, Quito, a los once días del mes

(1) Rates of road mileage effective from 1-10-1997 – In supersession of SR 46 and the Government of India’s Order thereunder, the pay ranges for travel by public bus/autorickshaw/scooter/motor cycle, full taxi/own car, is revised as indicated below:-

(i) (ii) (iii) (iv) (iv) Rs. 16,400 and above

Rs. 8,000 and above, but less than Rs. 16,400;

Rs. 6,500 and above but less than Rs. 8,000.

Rs. 4,100 and above, but less than Rs. 6,500.

Below Rs. 4,100.

Actual fare by any type of public bus, including air-conditioned bus;

OR

At prescribed rates for AC Taxi when the journey is actually performed by AC Taxi; OR

At prescribed rates for Ordinary Taxi when the journey is actually performed by Ordinary Taxi/Own Car;

OR

At prescribed rates for autorickshaw for journeys by authorickshaw, own scooter/motor cycle, moped, etc.

Same as at (i) above with the exception that journeys by AC Taxi will not be permissible.

Same as at (ii) above with the exception that journeys by air-conditioned bus will not be permissible.

Actual fare by any type public bus other than air-conditioned bus;

OR

At prescribed rates for autorickshaw for journeys by autorickshaw, own scooter/motor cycle/moped, etc.

Actual fare by ordinary public bus only;

OR

At prescribed rates for autorickshaw, own scooter/motor cycle/moped, etc.

[G.I. M.F., O.M. F. No. 10/2/98-IC and 19030/2/97-E. IV, dated the 17th April, 1998 Annexure Para 2-D and dated the 21st December, 1998.]

In places where prescribed rates not available – Various circles are facing difficulties in settling T.A. claims of those official, who had undertaken journey by own Car/Taxi/Scooter/Autorickshaw on tour. According to Government of India orders below SR 46, these T.A. claims are settled on the basis of rates prescribed by Transport Authorities of concerned State. But, in particular State, where rates are not notified/prescribed by Transport Authorities, it becomes difficult to make payment at prescribed rates.

2. The matter has been examined in consultation with Ministry of Finance, Department of Expenditure and it has now been decided, that the rates of road mileage allowance may be fixed on the basis of prevailing rates in the Metropolitan city of a particular State and, if no rates have been fixed, then the rates of the neighboring States may be adopted. However, if no such rates have been prescribed, the following rates of road mileage allowance may be fixed subject to other conditions governing grant of Road Mileage Allowance and regulations of T.A. claim as per the orders issued on the subject from time to time.

(1) For Journeys performed in own Car/Taxi Rs. 8 per km (2) For journeys performed by Autorickshaw/Scooter Rs. 4 per km.

[G.I., Dept. of Posts, Lr. No. 16-15/91-PAP, dated the 5th March, 1993 read with M.F., O.M., F. No. 10/2/98-IC & F. No. 19030/2/97-E. IV, dated the 17th April, 1998- Para 2- D.]

Mileage allowance for journey on foot and bicycle. – It has been decided in supersession of earlier orders to further revise the rate of mileage allowance for journey on foot and bicycle, on tour and transfer, to 60 P. per km.

[G.I., M.F., O.M. F. No. 10/2/98-IC and 19030/2/97-E. IV, dated the 17th April, 1998 – Annexure Para 2-D.]

NOTE 1 – If Officers not eligible for travel by full taxi-own car, or taking a single seat in a taxi, travel by taxi for whatever reason, they can be reimbursed the actual charges limited to the rates prescribed by the Directorate of Transport for autorickshaw.

[G.I., M.F., O.M. No. 19030/5/86-E IV, dated the 10th April, 1987.]

NOTE 2 – Between places connected by public transport system, permission of superior authority will not be necessary to travel by full taxi/own car/scooter or motor cycle.

[G.I., M.F., O.M. No. 19030/1/73-E IV, dated the 16th February, 1975.]

NOTE 3 – for journeys by own two wheelers anywhere in a State/Union Territory/City, whether autorickshaws can ply in those particular places or not, the rates of road mileage will be rates notified by the Directorate of Transport of that State/Union Territory/City, for autorickshaw.

[G.I., M.F., U.O. No. 2734-E IV/86, dated the 3rd October, 1986, received under C.&A.G.’s Letter No. 770/771-Audit I/74-85 (127), dated the 6th November, 1986.]

NOTE 4 – It is not necessary that the car/scooter/motor cycle should be registered in the name of Government servant for claiming the road mileage.

[G.I., M.F., O.M. No. 19030/1/73-E. IV (B), dated the 18th February, 1975.]

NOTE 5 – As per Note 4 above, the car or two wheeler need not be registered in the Government servant’s name; in other words, it need not be his own. It, therefore, implies that where a car/two-wheeler is not a commercial vehicle for hire, it will be deemed to be own car/scooter, for the purpose of regulation of mileage allowance, irrespective of whether it belong to the Government servant or not. Therefore, where a Government servant travels by a friend’s scooter as a pillion rider, mileage allowance may be regulated as for journey by own scooter. The amount admissible will be course half of the prescribed rate or the actual cost of propulsion, whichever is less, as in the case of journeys by sharing taxi/autorickshaw charges.

G.I., M.F., U.O. No. 632-E IV/86, dated the 4th March, 1986, received under C. & A.G.’s Letter No. 204/205-Audit I/74-85, dated the 31st March, 1986.]

NOTE 6 – Journeys by tonga/cycle rickshaw/man-driven rickshaw may be equated to travel by scooter/motor cycle/autorickshaw and road mileage allowed.

[G.I., M.F., O.M. No. 19030/1/73-E IV (B), dated the 18th February, 1975; LetterNo. 2886-E IV/85, dated the 12th September, 1985 and C.&A.G., No. 840/841-Audit I/74-85, dated the 28th November, 1986.]

NOTE 7 – When taxi/autorickshaw, etc., charges are shared by more than one Government servant or where a Government servant takes a single seat in a taxi/autorickshaw, etc., the mileage allowance admissible will be the actual share limited to half the rate for such mode of conveyance.

[G.I., M.F., O.M. No. 19030/1/73-E. IV (B), dated the 18th February, 1975.]

NOTE 8 – Where a group of Government servants travel by a chartered bus sharing the hire charges, the entitlement will be as follows :-

(i) Between places connected by Rail – Actual share of the hire charges limited to fare of the entitled class by rail.

(ii) Between places not connected by rail – Actual share of the hire charges limited to the fare of the regular buses plying on the route.

[G.I., M.F., O.M. No. 19030/1/73-E IV (B), dated the 6th August, 1976.]

NOTE 9 – The existing system of restricting road mileage to rail mileage between