Subsitence allownce

Querist : Anonymous (Querist) 22 August 2011 This query is : Resolved
a person is arrested and a person detained in civil prison are diffreent things.my ques is is sub allo to be given in both these cases.if a person want to execute his decree by arrest in detention of jd then without sub allow can he be sent to civil prison.

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adv. rajeev ( rajoo ) (Expert) 22 August 2011
If the person is detained in civil prison we have to pay subsistence allowance

Querist : Anonymous (Querist) 22 August 2011
even if arrest is made in execution of decree still decree holder will pay? is there any provision whereby state take liabilty to pay?

K.S.Srinivas (Expert) 22 August 2011

If an employee is arrested and he is in police custody for a period more than 48 hours, then the employee is deemed to be under suspension and hence he is eligible for drawal of subsistence allowance which is payable by the employer.

Querist : Anonymous (Querist) 22 August 2011
u mean decree holder need not pay and emplyer will pay.should i lock this answer.

K.S.Srinivas (Expert) 23 August 2011
Dear Anonymous,

As per conduct rules of the government employees,
An employee shall be deemed to have placed under suspension by order of the authority competent to place him under suspension w.e.f. the date of his detention, if he is detained in custody whether on criminal charge or otherwise for a period exceeding 48 hours.
Once the employee is placed under suspension, then he is eligible for subsistence allowance.