At present, the instructions relating to the procedure for forwarding of applications from serving Railway employees for posts outside the Railways are scattered in a number of office circulars/orders issued from time to time. The question of consolidation of these existing circulars/ orders into one Master Circular has been under the consideration of the Ministry of Railways (Railway Board). They have now decided to issue a consolidated order on the subject of "forwarding of applications of Railway employees for posts outside the Railways" as below for the information and guidance of all concerned:
2. Forwarding of applications to Central Government Departments/Public Sector Undertakings/ Semi-Govt./ Autonomous bodies:
2.1 Railway employees whether permanent or temporary, may be given four opportunities in a year to apply for posts in Government Departments/ Public Sector Undertakings/Autonomous Bodies wholly or substantially financed and controlled by Central or State Government. However, the General Managers/Head of Departments may withhold applications if they feel that in the public interest, it is not possible to release the Railway servant concerned for a post outside the Railways.
Note: Board's instructions contained in their letter No. E(NG)/57/RC1/ 56 dated 21.01.1961 regarding forwarding the applications of Railway employees trained at Railways expense, have been superseded with the issue of the instructions contained in their letters No. E(NG)II/77/AP/6 dated 09.02.1979; E(NG)II/79/AP/9 dated 03.07.1979; E(NG)II/78/AP/1 dated 27.02.1979; E(NG)I/84/AP/ 9 dated 11.04.1986 (RBE 62/86) etc.)
2.2 While it is not feasible to define "public interest" the authorities should interpret the term strictly and subject to the condition that forwarding of applications should be the rule rather than the exception and the decision should be taken at appropriate level. In taking the decision to withhold the application, the authority has to balance the interests of the State against the necessity of causing hardship to the individual. This discretion should be applied with utmost objectivity and not mechanically. White it is not feasible to lay down specific exhaustive guidelines for withholding of applications in public interest, some of them can be listed illustratively, as follows:
a. The officer concerned is engaged on important time bound project and the work would be seriously distorted if he is relieved;
b. The Railway servant is applying for a post which is equivalent in status and work.
c. Railway servant is facing departmental proceedings/court prosecution/under suspension.
3. Candidates who after qualifying in the Combined Competitive Examination (IAS)/IFS etc) and the Combined Engineering Services Examinations held by the UPSC have accepted appointment in Group "A" (Class-I) Service on Railways should be permitted to appear in subsequent examination for IAS, IFS, etc. examinations to better their prospects, if they are otherwise eligible. They will not be required to refund the cost of training. This will not apply to Special Class Railway Apprentices recruited through the UPSC.
4. In the case of non-gazetted employees who have received "induction training" (and not the training in an avocation) and who leave Railway service with proper prior permission of the competent authority before completing the minimum period of service in terms of the agreement/bond to join employment under the Central Government, a State Government a Public Enterprise wholly or partly owned by the Central Government or a State Government or an autonomous body wholly or substantially owned/financed/controlled by the Central Government or a State Government a fresh bond should be taken from such employees to ensure that they serve the new employer for the balances of the original bond period.
With a view to ensuring that the requirement of obtaining a fresh bond from a person, where necessary is fulfilled the Railway Administration with whom the employee has executed the original bond, may at the time of forwarding of his application (and if it is not possible, before his release) for another post, may write to the Department/Organisation under whom the employee intends to take up another appointment, intimating them about the bond obligation of the individual and clarifying that in the event of his selection for the new post, his release will be subject to the condition that the new department/organisation obtains from him a fresh bond binding him to serve them for the balance of the original bond period, and in case he fails to serve the bond period, for a job, where exemption from bond obligation is not available, the proportionate bond money should be realised from the individual and refunded to the Railway Administration, with whom he had originally executed a bond. The Ministry/ Department/ Organisation, where the person is newly employed, should also duly intimate the original Ministry/ Department/ Organisation, the fact of a fresh bond having been executed by the person concerned.
A doubt has been raised whether the word "training" in the above context covers apprenticeship and whether exemption from recovery of expenses, as laid down in these instructions, includes payments made to an individual in the shape of training allowance or stipend. It is clarified that these instructions are not restrictive but cover all aspects of training including apprenticeship. It is further clarified that exemption from recovery of expenses applies to all types of expenditure direct or indirect including payments made as training allowance or stipend.
These instructions will also apply to cases where a Railway employee has been selected for a post/service (other than the private employment), for which he had applied before joining the Railway, with whom he has executed a bond.
a. These instructions i. e. enforcement of Bond in respect of Central Government servants who leave service to secure employment elsewhere, would be applicable to all the Railway employees including Gazetted Officers, Probationers and Special class Railway Apprentices during apprenticeship training, probationary period and also where they are occupying working posts.
b. Applications from serving employees for employment elsewhere submitted otherwise than in response to advertisements or circulars inviting applications should not be forwarded by the Railway Administrations.
5. Forwarding of applications to private concerns:
5.1 When a Railway employee desires to apply for a post in a private concern, he should first offer to resign or retire from Railway service.
5.2 In this connection, it is clarified that a Railway servant should make up his mind before he applies for a post in the private sector whether he would resign from Railway service or would retire therefrom ( if he is eligible to do so). He should accordingly submit his resignation or give notice of retirement, as the case may be, before applying for private employment. In the case of those who resign from service, it might take some time for the competent authority to issue formal order accepting the resignation. Similarly, in the case of those who give notice of retirement from service, retirement would be effective only on expiry of the notice period. Therefore, while tendering resignation from service or giving the requisite notice of retirement, the employee may ask for permission to apply for employment in the private sector pending the acceptance of resignation or the expiry of the notice of retirement, as the case may be. While considering the request for such permission, the competent authority should keep the following points in view:
In the case of an employee who tenders his resignation the competent authority should not grant permission to him to apply for private employment, or accept the resignation unless it is satisfied that his retention in service is not necessary in the public interest. In this connection, attention is also invited to the instructions contained in Board's letter No, E(NG)II/70/RG/1 dated 24.06.1972 and the provisions of Rule 302-RI (85 Edition).
5.3 If it is decided to accept the resignation pending the issue of a formal order, accepting the resignation after going through the necessary formalities, the employee concerned may be given permission to apply for private employment. There is no Question of the Railways Forwarding the Application to the Private Firm. Where it is decided not to accept the resignation, permission to apply for private employment would not be granted to the individual.
5.4 In the case of such of those who are eligible to give notice of retirement and who want to retire from service as already stated, they should give the requisite notice of retirement. If they seek permission to apply for private employment during the notice period, the same may be accorded by the competent authority. If the permission is given, it should be made clear to the individual that the permission for applying private employment does not imply grant of permission for taking up commercial employment after retirement. The grant of this latter permission would be governed by provisions of Rules 2622 (CSR 531-B) R-II where applicable.
5.5 If the application is for post in an organisation with which the Railway employee has had dealings in his official capacity, the provisions contained in Railway Board's letter no. E 56 EM1/13/3 dated 31.01.1959 read with letter no. E(G)60/EM6/5 dated 15.02.1961 will apply.
6. Retention of lien of Railway servants who get selected for posts in other Central Government Departments and Termination of lien of and severing connection with Railways by those selected for appointment in Central Public Enterprises/Autonomous Bodies.
6.1 In the case of permanent Railway servants, selected for appointment in other Central Government Departments/Offices their lien may be retained in the parent department/office for a period of two years. If the Railway servants concerned are not permanently absorbed within a period of two years from the date of their appointment in the new post, they should immediately, on expiry of the said period of two years, from the date of his appointment in the new post either resign from Railway service or revert to his parent office. An undertaking to abide by these conditions may be taken from them at the time of forwarding their application to other Departments/Offices etc.
6.2 When a permanent Railway servant has joined a Central Government Department/Office where he is not confirmed within a period of two years due to some reasons, he may, in exceptional cases, be permitted to retain lien in the parent Department/Office for one more year. While granting such permission, a fresh undertaking similar to the one indicated in sub para 6.1 above may be taken from the Railway servant concerned.
6.3 Temporary Railway servants will be required to sever connections with the Railways in case of their selection for the outside posts.
6.4 If despite the undertaking given by the Railway employee in terms of para 6.1 and 6.2 above the employee does not either revert back or resign after the expiry of the period for which his lien is retained and does not obey the directions given by the Railway Administrations, suitable action should be taken against such an employee for violating the agreement/undertaking given by him at the time of forwarding of his application and for termination of his lien.
[Authority : Board's letter No. E(NG)57/RC1/56 dated 21.01.1961;
E(NG)II/68/AP/6 dated 04.12.1968;
E(NG)II/68/AP/6 dated 19.5.1972;
E(NG)II/79/AP/12 dated 26.9.1979
and E(NG)II/73/AP/21 dated 18.09.1975]
6.5 Applications of Railway servants in response to press advertisement for posts in Central Public Enterprises/Autonomous Bodies may be forwarded with a clear understanding with the Railway servants that in the event of their selection for the post applied for, they will sever their connections with the Railways before joining the Public Sector Undertakings/Autonomous Bodies. There is no question of retention of lien in such cases. A Railway servant selected on the basis of his application with proper permission for post in Central Public Enterprises/Central Autonomous Bodies will be required to give his/her technical resignation before his/her relief from Railway service. The Railway servant may thereafter be relieved to take up appointment in the Public Sector Undertaking/Autonomous Body. The relieving order should indicate the period within which the official should join the Public Sector Undertaking/Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/orders accepting the resignation of the Railway servant from Railway service should be issued from the actual date of his/her joining the Public Sector Undertaking/Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking/Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/Autonomous Body within the period allowed by the competent authority, he/she should be report back to the parent office forthwith.
Substituted vide Railway Board's letter No. E(NG)I-96/AP/2(1), dated 16.08.1999 (RBE 203/1999)
6. Retention of lien of Railway servants who get selected for posts in other Central Government Departments/Public Sector Undertakings/Autonomous Bodies etc.:
6.1 In the case of permanent Railway servants, their lien may be retained in the parent department/office for a period of two years. If the Railway servant concerned is not permanently absorbed within a period of two years from the date of his appointment in the new post, he should immediately, on expiry of the said period of two years, from the date of his appointment in the new post either resign from Railway service or revert to his parent office. An undertaking to abide by these conditions may be taken from them at the time of forwarding their application to other Department/Office, etc.
6.2 When a permanent Railway servant has joined a Central Government Department/ Office or a Public Sector Undertaking/Autonomous Body, etc. where he is not confirmed within a period of two years due to delay in converting temporary posts into permanent ones or due to some other reasons, he may, in exceptional cases, be permitted to retain lien/administrative lien in the Parent Department/Office for one more year. While granting such permission a fresh undertaking similar to the one indicated in sub-para 1 above may be taken from the Railway servant concerned.
6.3 Temporary Railway servants will be required to sever connections with the Railways in case of their selection for the outside post.
6.4 In the case of Railway servants, who join the Public Sector Undertakings/ semi-Government Organisations, etc. on their own volition, the leave salary and pensionary contribution should be paid either by the undertaking/organisation concerned or by the Railway servant concerned himself.
6.5 In this connection, the following procedure/ action may be followed/ taken in cases of forwarding of applications/ default by the Railway servant in making the contributions:
i. Before actually allowing a Railway servant to take up appointment with a Public Sector Undertaking/ Organisation, the question of liability to pay leave salary and pensioner's contribution should be settled by correspondence with the Undertaking/Organisation;
ii. In case the Undertaking/Organisation is not agreeable to pay these dues, an agreement should be entered into with the Organisation, with the consent of the Railway servant for regular recovery of service contributions from his pay and remittance to the Railways;
iii. In case the arrangement at (ii) above does not materialise, the Railway servant may be relieved on a specific undertaking, that he would deposit the service contributions with the Railway regularly. He may also be warned that if he fails to do so, he would be liable to be recalled for breach of the undertaking.
6.6 In case of failures to deposit service contributions regularly, the Public Sector Undertaking etc. should be asked to return the Railway servant. It is necessary to take swift action in this matter so that arrears of service contributions do not fall in heavy accumulations. On return to the Railways the contributions as due may be recovered from him. Disciplinary action if any considered necessary may also be taken against such defaulting Railway servants.
6.7 If despite the undertaking given by the Railway employee in terms of Board's letter No. E(NG)II/68/AP/6 dated 04.12.1968 the employee does not either revert back or resign after the expiry of the period for which lien/administrative lien is retained and does not obey the directions given by the Railway Administrations, suitable disciplinary action should be taken against such an employee for violating the agreement/undertaking given by him at the time of forwarding of his application.
6.8 To avoid difficulties in filling up permanently the posts on which Railway servants who had gone on their own volition to other Departments/ Organisations hold lien or administrative lien, the Railway Administration may suspend such a Railway servant's lien and fill up that post on Provisional basis.
7. Forwarding of applications of Railway servants involved in vigilance cases/disciplinary cases etc.:
7.1. Cases of Railway servants who are under suspension or against whom departmental proceedings are pending: — Applications should not be forwarded nor should they be released for any assignment scholarship, fellowship, training, etc. under an international agency/ organisation or a foreign Government. Such Railway servants should also not be sent or allowed to go on deputation or Foreign Service to posts under an authority in India.
7.2 Applications of Railway servants on whom the penalty of withholding of increments or reduction to a lower stage in a time scale or to a lower time scale or to a lower service, grade or post has been imposed should not be forwarded nor should they be released during the currency of the penalty for any assignment under an international agency/ organisation of a foreign Government. Such Railway servants should also not be sent or allowed to go during the currency of the penalty on deputation or Foreign Service to posts under an authority in India. Even after the expiry of the penalty, it will have to be examined, having regard to the nature of the offence and the proximity of its occurrence, whether the Railway servant concerned should be permitted to go on assignment/ deputation to another department/ foreign service to an authority in India.
7.3 Applications of Railway servants for other posts should not be forwarded when disciplinary proceedings against them are contemplated, whether for a major penalty or for a minor penalty. In other words, when the conduct of a Railway servant is under investigation and the investigation has reached a stage at which a prima facie case can be made out against the Railway servant but formal charge-sheet is yet to be issued, the application of such a Railway servant should not be forwarded. Thus, where the disciplinary cases are actually pending, question of forwarding of application does not arise.
7.4 Where the case against a Railway servant is only at the investigation stage and no prima fade case has been established against, him, the controlling authority may forward his application without any comments with regard to the case against him except stipulating that the controlling authority reserves the right not to release the official, if necessary. If by the time the offer comes, the preliminary investigations are not over, the controlling authority should decide whether to release the official or detain him in Public interest.
[No. E(D&A)68 RG 6/39 dated 08.10.1968 circulating MHA's OM No F/39/17-63 Estt (A) dated 06.09.1968;
E(D&A)75 RG 6/45 dated 09.01.1976 circulating DOP/s OM No. 11012/107/5-Estt. (A) dated 18.10.1975
and E(D&A)75 RG 6/45 dated 19.10.1978]
8. Permission for applying for posts advertised by International Organisation/Foreign Govts: —
Railway servants may apply in response to open or public advertisement of vacancies by the International Organisations and Foreign Governments with the prior permission of the cadre controlling authority concerned. In rare cases, when the time available for submitting the application is short, a Railway servant may send his application to the concerned agency in advance with a copy to his cadre controlling authority and this may be confirmed or withdrawn subsequently depending on the decision of the authority. The cadre controlling authorities would consider each case only from the point of view of whether the Railway servant could be spared or not; no other general considerations should be applied in taking a decision in the case. A Railway servant may be permitted to apply in response to a public advertisement even if he has completed the permitted number of years he can spend in international/foreign assignment in his career. However, in such a case, he would have to resign or take retirement from Government service on selection. A Railway servant applying for an international assignment in response to public advertisement will not be given the status of 'official nominee' for the assignment. Correspondence relating to the grant or denial of permission will be between the Railway servant concerned and the cadre controlling authority/ Government and latter will not correspond with the International Organisation/ Foreign Government on the subject.
[Authority : Board's letter No. E(NG)I-96/AP/2(1) dated 16.08.1999 based on Department of Personnel and Training's letter No. F.18/10/91/FA (UN) dated 20.06.1991]
Substituted vide Railway Board's letter No. E(NG)I-96/AP/2(1), dated 16.08.1999 (RBE 203/1999)
8. Forwarding of applications to International Organisations:
8.1 Applications submitted by Railway servants in response to advertisements issued by U.N. Agencies, etc. in newspapers should not be forwarded.
8.2 Where a Railway employee applies on his own volition for a post under a foreign Government/U.N. Agency, he should mention in his application seeking permission that on his securing appointment under the foreign Government, he would resign or retire from Railway service, if his retirement is due under normal rules. On receipt of his application, the competent authority should examine and decide whether permission should at all be granted to him. If, after due consideration, permission is accorded, the Railway employee may be informed and advised to apply for the post direct. There is no question of the Railways forwarding an application in such cases as it might give an impression that the Government is sponsoring the individual for the post under foreign Government.
9. Forwarding of applications for posts in State Government and its undertakings/ autonomous bodies etc.
9.1 The following procedure may be followed in respect of the Railway servants who apply for posts under the State Government on their own volition in response to advertisements or circulars including those by State Public Service Commissions :
i. Temporary Railway servants should as a matter of rule be asked to resign at the time of release from the parent department/office. An undertaking from them to the effect that in the event of selection for posts applied for they will resign from their posts may be taken from them at the time of forwarding of applications.
ii. In respect of permanent Railway servants the terms on which the Railway servant goes over to a post under a State Government may be settled mutually between the Railway Administration and the State Government concerned.
iii. The permanent Railway servant should either revert to the parent department/office within the period of two years or resign from the parent department/office at the end of that period.
iv. An undertaking to abide by these conditions may be taken from permanent Railway servant at the time of forwarding their applications.
v. In exceptional cases, where it would take sometime for the State Government to confirm the Railway servant due to administrative reasons, the permanent Railway servant may be permitted to retain his lien/administrative lien for one more year. While granting such permission, a fresh undertaking similar to the one in Paras (iii) & (iv) above may be taken from the Railway servant concerned.
vi. No deputation allowance as such will be admissible in such cases.
vii. While forwarding the applications to the State Government concerned, it should be made clear that the Railway servant, if selected for appointment, will be permitted to join the State, Government on the terms and conditions contained in Board's letter No. E(NG)II/69/AP/21 dated 07.03.1975.
9.2 In the case of Railway servants, who join the State Government's Public Sector Undertakings etc. on their own volition in response to Press advertisements, the leave salary and pensionary contribution should be paid either by the undertaking/organisation concerned or by the Railway servant concerned himself. In this connection, the following procedure/action may be followed/taken by the Railway servant in making the contributions:-
i. Before actually allowing a Railway servant to take up appointment with a Public Sector Undertaking/Organisation, the question of liability to pay leave salary and pensioner's contribution should be settled by correspondence with the Undertaking/Organisation;
ii. In case the Undertaking/Organisation is not agreeable to pay these dues, an agreement should be entered into with the Organisation, with the consent of the Railway servant for regular recovery of service contributions from his pay and remittance to the Railway;
iii. In case the arrangement at (ii) above does not materialise, the Railway servant may be relieved on a specific undertaking, that he would deposit the service contributions with the Railway regularly. He may also be warned that if he fails to do so, he would be liable to be recalled for breach of the undertaking;
iv. In case of failures to deposit service contributions regularly, the State Governments/Public Sector Undertaking etc. should be asked to return the Railway servant. It is necessary to take swift action in this matter so that arrears of service contributions do not fail in heavy accumulations. On return to the Railways the contributions as due may be recovered from him. Disciplinary action, if any, considered necessary may also be taken against such defaulting Railway servants."
Inserted vide Railway Board's letter No. E(NG)I-96/AP/2(1), dated 16.08.1999 (RBE 203/1999)
10. Forwarding of applications to U.P.S.C.:
10.1 Persons already in Railway service who wish to appear at a competitive examination conducted by the UPSC or wish to apply for a post, recruitment to which is proposed to be made by selection through the UPSC, may submit their completed applications in the prescribed printed form direct to the Commission. They should, however, immediately inform the Head of their Office/Department giving details of the examination/post for which they have applied requesting him to communicate his permission to the Commission directly. In case the Head of Office/Department considers it necessary to withhold the permission, he should inform the Commission within 30 days of the closing date for the receipt of the applications. In case no such communication is received from the Head of Office/Department, it shall be presumed by the Commission that there is no objection on the part of the employing Department to the candidature of the Railway employee in question to be considered by the Commission.
10.2 Where both permanent scientific and technical and non-scientific and non-technical Railway employees apply for posts in response of UPSC advertisements, it shall not be counted against four opportunities allowed in a year for forwarding of applications.
[No. E(NG)57/RC1/56 dated 21.01.1961;
E(NG)II/79/AP/2 dated 31.01.1979, DOP's OM No. 42015/4/78 Estt (a) dated 01.01.1979; E(NG)II/78/AP/l dated 27.02.1979 and DOP's OM No. 42015/9/77 Estt(C) dated 25.02.1978]
11. Granting of "No Objection Certificate" for registering in the Employment Exchanges:
11.1 No Objection Certificate may be issued to permanent Railway employees for registering their names with the Employment Exchange for seeking higher posts.
11.2 The lien in their case will be allowed for a period of two years only, which in exceptional circumstances, be extended by one year at the most with the prior concurrence of the appointing authority of the parent cadre/post.
11.3 No objection certificate can be granted subject to the following conditions: —
i. The Railway employee should register only for a post higher than the one he is holding under the Railways. In case of doubt as to whether the post for which a permanent Railway employee intends to register his name with the Employment Exchange is higher than the one he is holding under the Railways, the decision of the HOD/Department shall be final.
ii. On being selected for appointment by the Government Department/ Public Sector Undertakings/ Autonomous Body for the higher post, he may be treated as on deputation/ foreign service.
iii. Once an employee has reverted to the parent Department after spending the permissible period outside, he should not be allowed to register his name once again for a period of at least two years.
11.4 No Objection Certificate may also be issued to the temporary employees who desire to seek equivalent posts elsewhere for registering their names with the Employment Exchanges subject to the conditions that they will resign their post on the Railways before joining the new assignment.
12. Authorities competent to forward applications:
12.1 Applications of staff and officers below Jr. Administrative Grade may be forwarded by the G.M. or by the lower authority to whom he may further delegate these powers. When, however, the lower authority decides to withhold an application, it should be done only with the approval of the GM or the HOD.
12.2 Applications of officers of the JA Grade and above may be forwarded to the Railway Board for disposal.
13. Permanent scientific and technical and non-scientific and non-technical Railway employees may be given four opportunities in a year to apply in response to advertisements or notices of Government Departments/ Public Sector Undertakings/ Autonomous Bodies except where withholding of any such application is considered necessary by the competent authority in the public interest. [Cabinet Sectt. OM. No. 8/22/71-Estt. (C) dated 16.10.71 and E(NG)II/78/AP/1 dated 27.02.1979]
a. While referring to this circular, the original letters referred to herein should be read for a proper appreciation. This circular is only a consolidation of the instructions issued so far and should not be treated as a substitution to the originals. In case of doubt, the original circular should be relied upon as authority.
b. The instructions contained in the original circulars referred to have only prospective effect from the date of issue unless specifically indicated otherwise in the concerned circular. For dealing with old cases, the instructions in force at the relevant time should be referred to; and
c. If any circular on the subject, which has not been superseded, has not been taken into consideration while preparing this consolidated letter, the said circular, which has been missed through oversight should be treated as valid and operative. Such a missing circular, if any, may be brought to the notice of the Railway Board.
Original Orders/Circulars from which Consolidation has been made
8. Cabinet Sectt. OM. No. 8122171-Estt. (C) dated 16.10.71
17.No. M.H.A. O.M. No. 42015/9/77 Estt(C) dated 25.02.1978
22.No. E(NG)II/78/AP/1 dated 27.02.1979 alongwith M.H.A., O.M. No. 42015/9/77 Estt(C) dated 25.02.1978 Cab. Sectt. O.M. No. 8/22/71-Estt. (C) dated 16.10.71 M.H.A. O.M. No-. 41016/9/78-Estt. (C) dated 10.08.1978
26.No. E(NG)I/84/AP/19 dated 11.04.1986 (RBE62/86)
27.No. E(NG)I-84/AP/9 dated 01.05.1986 (RBE 309/85) alongwith the letter No. E/SIG/1140/26 Vol dated 29.09.1984
28.No. E(NG)I/87/AP/1 dated 19.01.1989 (RBE 24/89)
Supplementary Circulars and Subsequent Letters
1. Supplementary Circular No 1. - Para 6 Substituted - No. E(NG)I-96/AP/2(1), dated 16.08.1999 (RBE 203/1999)