Regulation 59 - Subsistence allowance - Insolvency and Bankruptcy Board of India (Employees’ Service) Regulations, 2017

Subsistence allowance 59. (1) During suspension, an employee shall receive subsistence allowance equal to- (a) fifty per cent of his pay for the first six months of suspension; and (b) seventy-five per cent of his pay for the period of suspension beyond six months: Provided that the enhanced rate of subsistence allowance specified under sub-clause (b) shall be admissible only if the enquiry is not delayed for reasons attributable to the concerned employee or any of his representatives: Provided further that if no penalty under regulation 51 is imposed, the employee shall be refunded the difference between the subsistence allowance and the emoluments which he would have received but for such suspension, for the period he was under suspension, and that, if a penalty is imposed on him under Regulation 51, no order shall be passed which shall have the effect of compelling him to refund such subsistence allowance. (2) The period during which an employee is under suspension shall, if he is not dismissed or removed or compulsorily retired from service, be treated as period spent on duty or leave as the Competent Authority who passes the final order may direct.