Effective Implementation of RTI Act, 2005-Setting up of RTI Cells.

                                    No.1/12/2010-IR
                                Government of India
                     Minitry of Personnel, PC. & Pensions
                      Department of Personnel & Training ....
                               North Block, New Delhi
                               Dated:19th May, 2011
                         OFFICE MEMORANDUM
Subject: Effective Implementation of RTI Act, 2005-Setting up of RTI Cells.

The undersigned is directed to ref& to this Department's
OM No. 113212007-IR dated 141h November, 2007
whereby all the public authorities with more than one
Public Information Officer (PIO) were advised to create
a Central Point within the organization to receive RTI
applications and appeals and ensure quick distribution
thereof. Experience of past five years has shown that there
is a need to expand the scope of the Central Point so as to
deal with the RTI related issues effectively.

2. In this context a RTI Cell has been set up in the Department
of Personnel and Training (by reorganizing the staff in Administration Division)
with the following functions:
a) to receive RTl applications1 appeals/decisions of the
Central Information Commission
(CIC) and to route them to CPIOs IAAs;
b) dispatch replies to RTI requests and appeals including
the letters requiring the applicants to deposit additional fee;
c) transfer applications not pertaining to the public authority
to the concerned public authority;
d) maintain lists of PIOs, First Appellate Authorities and their
   link officers; and
e) coordinate the work relating to proactive disclosure, and
the Annual Report of the   Central Information Commission etc.
A copy of the OM No. 2/10/2010 dated 9Ih July, 2010 detailing
the roles and functions of the RTI cell is enclosed at Annexure I
.
3. Subsequent to the setting up of the Cell, detailed instructions
    were issued to outline the procedures for handling RTI applications
/ appeals vide OM No 2110/2010 datedl6Ih July, 2010
(Annexure 11). This cell has been functioning for the last 9 months
and has resulted in better compliance with the provisions of the
 RTI Act, 2005.

4. It is recommended that Ministries1 Departments may set up
RTI Cells to streamline the receipt and disposal of RTI Applications
. They may use the arrangements made by DoPT vide
OMS referred to above with suitable modifications.

5. Ministries1 Departments may also avail of a one-time grant of
   up to Rs. 50,000.00 for procuring a computer along with a printer
  and scanner facility for RTI Cells under the Centrally Sponsored
 Plan Scheme "Improving transparency and accountability through
Effective Implementation of RTI" being implemented by this
Department. Balance expenditure may be met by the Ministries
/departments from their own funds. Central Public Authorities may
send detailed proposals as per proforma in 'Amexure 111' to
Deputy Secretary (IR), Room No 280, North Block, New Delhi-1.
 Telefax: 23093074, email- osdrti-doptianic.in

6. The status of setting up of RTI Cells by all Central Public Authorities
 may kindly be intimated to this department by 31" July, 201 1
                                                                   (K.G. Verma)
                                                                        Director
                                                                 Tel:23092158
1. All the MinistriesDepartments of the Government of India.
2. Union Public Service CornmissionlLok Sabha SecretariatRajya

Strengthening Implemnetation of Right to information Act 2005

N0.4/10/2011-IR

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

….

North Block, New Delhi

Dated: 18th May 2011,

OFFICE MEMORANDUM

Subject: Strengthening Implementation of the Right to Information Act, 2005.

Central Chief Information Commissioner has made a reference to 

the Cabinet Secretary making several suggestions for effective

implementation of the Right to Information Act, 2005. 

It has been decided in consultation with the Cabinet Secretariat 

that following actions shall be undertaken by all

Ministries/Departments/Attached Offices, PSUs of Central 

Government to Strengthen the implementation of the RTI Act:

a) In the Annual reports of the Central Ministries/Departments

and other attached/subordinate offices PSUs, a separate 

chapter shall be included regarding implementation of 

the RTI Act in their respective offices. This chapter should 

detail the number of RTI applications received and disposed

off during the year, including number of cases in which the

information was denied. In addition to the above, efforts 

made to improve the implementation of the Act in their

respective offices, including any innovative measures that

have been undertaken, should also be listed. This is to be

ensured for Annual reports for the year 2011-12 onwards.

b) Each Ministry/Department should organize atleast a 

 half day training programme for all CPIOs/Appellate 

 Authorities (AAs) every year to sensitize them about 

their role in implementation of the RTI Act. The concerned

Ministries/Deuartrnents shall ensure that similar 

programmes are organized for all CPIOs/AAs of all 

attached/subordinate offices and PSUs under their 

control as well.

c) All public authorities who have a web site shall publish

the details of monthly receipts and disposal of RTI applications

on the websites. This should be implemented within 10 days

of the close of the month. Ministries/Departments would

ensure that these instructions are communicated to their 

attached/subordinate offices as well as PSUs immediately.

Monthly reporting on the above pattern should begin latest

by 10th July, 2011 for the month of June, 2011 and thereafter

continue on a regular basis.

2. All the Ministries/Departments are requested to take

action as above and also to ensure that these instructions 

are communicated to their attached and subordinate

offices /PSUs for compliance.

CK.G.Verma

Director

Indian Administrative Service (Probation) Amendment Rules, 20 1 1

                                                                  Govemment of India
                                          Ministry of Personnel, Public G~ievancesa nd Pensions
                                                 (Department of Personnel and Training)

                                                                                                    New Delhi, Dated the 10th May 2011   1                                                         N O T I F I C A T I O N

GSR .- In exercise, of the powers conferred by sub-section (I) of section 3 of
the All India Services Act, 195 1 (61 of 1951), the Central Government, after consultation
w~t hth e State Governments, makes the following rules further to amend the Indian
Administrative Service (Probation) Rules, 1954, namely -

I . (1) These rules may be called the Indian Administrative Service (Probation)
         Amendment Rules, 2011
    (2) They shall come into force on the date of their publication in the Oficial
        Gazette

2. In the Indian Administrative Service Probation) Rules, 1954, for sub-ru!? (2) of
rule 5, the following shall be substituted, namely:.

"(2) A Probationer referred to in sub-rule (2) of rule (3), shall, within the
period of probation or the extended period of probation, as the case may^ be,
undergo such training in the Academy or in the State training institution or in any
other recognised training institution in the country for such period as the Central
Govemment may consider necessary.

Provided that where a probationer does not undergo such training within
the period of probation or the extended period of probation, as the case may be, he
shall be reverted to his substantive post in the State Civil Service".
                                                                                                    F. No. 11058/01/2002-AIS-In

                                                                                                                       sd/-

                                                                                                                ( Deepti Umashankar)
                                                                                                                 Director (Services)

Absence Of Presenting Officer During Conduct Of Inquiry Proceedings

Mr. Ranade, Ex tahsildar from Panvel (Maharashtra) who is  conducting an inquiry
had asked me a question as to whether  it would be right to proceed with the inquiry
in the absence of presenting officer who failed to remain present in spite of notice to him.
My answer to this question is as under.

 It is the discretion of the disciplinary authority  as to whether a presenting officer is
to be appointed or otherwise but it is always desirable to appoint a presenting officer
in the proceeding initiated to impose a major penalty . Once the presenting officer is
appointed , it is his duty to remain present on the day fixed by the inquiry officer for
conduct the inquiry proceeding. If the presenting officer remains absent, it would
amount to indiscipline and  he will be liable for disciplinary action. for his lapse..

If the presenting officer remains absent in spite of notice to him, the inquiry officer
may adjourn the proceeding and inform  in writing to the disciplinary authority about
the said absence and making it further clear that the inquiry will be proceeded with
on the next date fixed ,even in the absence of presenting  officer. The presenting
officer also be informed accordingly. In-spite of this if presenting officer remains
absent, the inquiry officer  should proceed with the inquiry. If witnesses on behalf
of the disciplinary authority  are present, they should be examined and their
depositions recorded by the inquiry officer . After examination of each witness,
,he should be allowed to be cross examined by the delinquent employee or his
defence assistant.Similarly after examination of each of the witnesses on behalf
of the employee, the inquiry officer should ask the questions to each witness
with a view  to know the all the facts involved in the case so that he will be
able to draw the conclusions and give his findings on each of the charges leveled
against the employee.Then the inquiry should be completed as per the procedure
prescribed in the relevant rules.
.
 REMEMBER THAT THE INQUIRY CONDUCTED IN THE
ABSENCE OF PRESENTING OFFICER  DOES NOT
GET  VITIATED .

NOTE: Queries in relation to conduct of departmental inquiry , if any ,may be
sent to me on my e mail address viz. shridharji@hotmail.com  Reply to such
queries will be given on this blog so that others also can benefit from them

Dopt issued clarification regarding posting of husband and wife at the same station

Posting of husband and wife at the same station.

In view of the utmost importance attached to the enhancement of women’s status in all walks of life and to enable them to lead a normal family life as also to ensure the education and welfare of the children, guidelines were issued by DOP&T in O.M No. 28034/7/86-Estt.(A) dated 3.4.86 and No.28034/2/97-Estt.(A) dated 12.6.97 for posting of husband and wife who are in Government service, at the same station. Department had on 23.8.2004 issued instructions to all Mins./Deptts. to follow the above guidelines in letter and spirit.
2. In the context of the need to make concerted efforts to increase representation of women in Central Government jobs, these guidelines have been reviewed to see whether the instructions could be made mandatory. It has been decided that when both spouses are in same Central Service or working in same Deptt. and if posts are available, they may mandatorily be posted at the same station. It is also necessary to make the provisions at Paras 3(iv) and (vi) of the O.M. dated 3.4.86 stronger as it is not always necessary that the service to which the spouse with longer service belongs has adequate number of posts and posting to the nearest station by either of the Department may become necessary.
3. On the basis of the 6th CPC Report, Govt. servants have already been allowed the facility of Child Care Leave which is admissible till the children attain 18 years of age. On similar lines, provisions of O.M. dated 12.6.97 have been amended.
4. The consolidated guidelines will now be as follows:
(i) Where the spouses belong to the same All India Service or two of the All India Services, namely lAS, IPS and Indian Forest Service (Group ‘A’)

The spouse may be transferred to the same cadre by providing for a cadre transfer of one spouse to the Cadre of the other spouse, on the request of the member of service subject to the member of service not being posted under this process to his/her home cadre. Postings within the Cadre will, of course, fall within the purview of the State Govt.

(ii) Where one spouse belongs to one of the All India Services and the other spouse belongs to one of the Central Services:-
The cadre controlling authority of the Central Service may post the officer to the station or if there is no post in that station, to the State where
the other spouse belonging to the All India service is posted.
(iii) Where the spouses belong to the same Central Service:

The Cadre controlling authority may post the spouses to the same station.

(iv) Where the spouse belongs to one Central Service and the other spouse belongs to another Central Service:-

The spouse with the longer service at a station may apply to his/her appropriate cadre controlling authority and the said authority may post the
said officer to the station or if there is no post in that station to the nearest station where the post exists. In case that authority, after
consideration of the request, is not in a position to accede to the request, on the basis of non-availability of vacant post, the spouse with lesser service may apply to the appropriate cadre authority accordingly, and that authority will consider such requests for posting the said officer to the station or if there is no post in that station to the nearest station where the post exists.

(v) Where one spouse belongs to an All India Service and the other spouse belongs to a Public Sector Undertaking

- The spouse employed under the Public Sector Undertaking may apply to the competent authority and said authority may post the said officer to the
station, or if there is no post under the PSU in that station, to the State where the other spouse is posted.

(vi) Where one spouse belongs to a Central Service and the other spouse belongs to a PSU:-

The spouse employed under the PSU may apply to the competent authority and the said authority may post the officer to the station or if there is no
post under the PSU in that station, to the station nearest to the station where the other spouse is posted. If, however, the request cannot be
granted because the PSU has no post in the said station, then the spouse belonging to the Central Service may apply to the appropriate cadre
controlling authority and the said authority may post the said officer to the station or if there is no post in that station, to the station
nearest to the station where the spouse employed under PSU is posted.
(vii) Where one spouse is employed under the Central Govt. and the other spouse is employed under the state Govt.:-
The spouse employed under the Central Govt. may apply to the competent authority and the competent authority may post the said officer to the station or if there is no post in that station to the State where the other spouse is posted.
(viii) –  “The husband & wife, if working in the same Department and if the required level of post is available, should invariably be posted together in order to enable them to lead a normal family life and look after the welfare of their children especially till the children attain 18 years of age. This will not apply on appointment under the central Staffing Scheme. Where only wife is a Govt. servant, the above concessions would be applicable to the Govt. servant.”

5. Complaints are sometimes received that even if posts are available in the station of posting of the spouse, the administrative authorities do not accommodate the employees citing administrative reasons. In all such cases, the cadre controlling authority should strive to post the employee at the station of the spouse and in case of inability to do so, specific reasons, therefor, may be communicated to the employee.
6. Although, normal channels of representations/complaints redressal mechanism exist in the Min./Deptts., added safeguards to prevent non- compliance may be provided by ensuring that the complaints against non-adherence to the instructions are be decided by the authorities at least one level above the authorities which took the original decision when they are below the level of secretary to the Govt. of India/Head of the PSU concerned and all such representations are considered and disposed off in time bound manner.

Central services (Conduct) (Amendment ) Rules 2011

                                                                Government of India

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS 

(Department of Personnel and Training)

New Delhi, the 9th May, 2011

NOTIFICATION

G.S.R.......(E).- In exercise of the powers conferred by the proviso to article309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India relation to persons serving In the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Conduct) Rules, 1964, namely :-

1. (1) These rules my be called the Central Civil Services (Conduct) Amendment Rules, 2011.

(2) They shall come into force on the date of their publication in the Official Gazette.

2 In the Central Civil Services (Conduct) Rules, 1964, in rule 18. -

(a) for sub-rule (3), the following shall be substituted, namely :-

"(3) Where a Government servant enters into a transaction in respect of movable property either in his own name or in the name of the member of his family, he shall, within one month from the date of such transaction, report the same to the prescribed authority, it the value of such property exceeds two months’ basic pay of the Government servant:

       Provided that the previous sanction of the prescribed authority shall be obtained by the Government servant if any such transaction is with a person having official dealings with him’.

(b) in Explanation I, an clause (1), in sub-clause (a), for the letters, figures and words "Rs.10,000, or one-sixth of the total annual emoluments received from Government, whichever as less", the words ‘two months’ basic pay of the Government servant, shall be substituted.

More details : www.persmin.gov.in

Central Civil Services (Leave ) (Amendment) Rules 2011

Government of India 

Ministry of Personnel, Public Grievances and Pensions 

Department of Personnel and Training

New Delhi, the 12th May, 2011.

NOTIFICATION

   G.S.R. – In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Leave) Rules, 1972, namely: -

   1. (1) These rules may be called the Central Civil Services (Leave) (Amendment) Rules. 2011.

   (2) They shall come into force on the date of their publication in the Official Gazette.

   2. In the Central Civil Services (Leave) Rules, 1972, (hereinafter referred to as the said rules), in rule 27, in sub rule (2), for clause (b), the following clauses may be substituted, namely,-

   "(b) When a Government servant is removed or dismissed from service, credit of earned leave shall be allowed at the rate of two & half days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service;

   (c) When a Government Servant dies while in service, credit of earned leave shall be allowed at the rate of  21/2 & half days per completed month of service up to the date of death of the government  Servant."

   3. In the said rules, in rule 29, in sub-rule (2), for clause (c), the following clauses shall be substituted, namely,-

   "(c) When a Government servant is removed or dismissed from service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed calendar month up to the end of the calendar month preceding the calendar month in which he is removed or dismissed from service;

   (ca) When a Government Servant dies while in service, credit of half pay leave shall be allowed at the rate of 5/3 days per completed month of service up to the date of death of the Government Servant."

[F. No.13026/1/2010-Estt.(L)]

sd/- 

(Vibha Govil Mishra) 

Deputy Secretary to the Government of India

PARDON ME

 FRIENDS,

FOR THE LAST TWO DAYS THE WEBSITE OF BLOGGER WAS NOT AVAILABLE AND THEREFORE I COULD NOT WRITE THE DAILY THOUGHT ON THE BLOG. PARDON ME FOR THE SAME

Extension of scope of Family pension to widowed/divorsed/unmarried daughter

No.1/13/09-P&PW(E)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

Lok Nayak Bhavan,
New Delhi, the 28^th April, 2011

OFFICE MEMORANDUM

Subject: Extension of scope of Family Pension to widowed/divorced/unmarried daughter and dependent disabled siblings of Central Government servants/pensioners – Clarifications – reg.
The undersigned is directed to state that as per the existing provisions of CCS (Pension) Rules, 1972 as amended from time to time, the son/daughter of a Government servant/Pensioner is eligible for family pension upto the date of his/her marriage/remarriage or till he/she starts earning or till the age of 25 years, whichever is earlier. Further, a disabled son/daughter of a Government servant/Pensioner suffering from any disorder or disability of mind, including mentally retarded, or who is physically crippled or disabled, is eligible for family pension for life subject to the fulfilment of certain conditions. Subsequently, orders were issued vide this Department’s O.M. No.45/86/97-P&PW(A) dt. 27.10.97 and No.1/19/03-P&PW(E) dt. 30.8.2004 making divorced/widowed daughters eligible for family pension even after attaining the age limit of 25 years subject to the fulfilment of certain conditions. It was subsequently clarified vide this Department’s O.M. No.1/19/03-P&PW(E) dt. 11.10.2006 that family pension to widowed/divorced daughters is admissible irrespective of the fact that the divorce/widowhood takes place after attaining the age of 25 years or before.
2. Further, orders have been issued vide this Department’s O.M. No.1/19/03-P&PW(E) dt. 6^th September, 2007, whereby an unmarried daughter of a Government servant/Pensioner beyond 25 years of age, has been made eligible for family pension at par with the widowed/divorced daughter subject to fulfilment of certain conditions. However, family pension to the widowed/divorced/unmarried daughters shall be payable in order of their date of birth and the younger of them shall not be eligible for family pension unless the next above has become ineligible for grant of family pension. Further, the family pension to widowed/divorced/unmarried daughters above the age of 25 years, shall be payable only after the other eligible children below the age of 25 years have ceased to be eligible to receive family pension and that there is no disabled child to receive the family pension.
3. Subsequently, orders have been issued vide this Department’s O.M. No.1/15/2008-P&PW(E) dt. 17.8.2009 whereby dependent disabled siblings of a Government servant/pensioner have been made eligible for family pension for life subject to the fulfilment of certain conditions.
4. Representations have been received in this Department from various quarters (i.e. Pensioners’ Associations, etc.) to the effect that the claims for family pension of widowed/divorced/unmarried daughters and dependent disabled siblings are not being entertained by certain Ministries/Departments on the plea that their names do not appear in the details of family members submitted by the Government servant/Pension to the Head of Office from where he/she had retired. Besides, in cases where a Government servant/Pensioner had expired prior to the issue of above referred orders by this Department, the claims of widowed/divorced/unmarried daughters, etc. for family pension are not being entertained by Ministries/Departments on the plea that they were not eligible for family pension at the time of retirement/death of the Government servant or death of the Pensioner. This Department has been requested for issue of appropriate clarificatory orders in the matter so as to settle the family pension claims of the aggrieved widowed/divorced/unmarried daughters, etc., of the Government servants/Pensioners.
5. The matter has been considered in this Department in consultation with Department of Expenditure, Ministry of Finance. It is hereby clarified that subject to fulfilment of other conditions laid down therein, the widowed/divorced/unmarried daughter of a Government servant/Pensioner, will be eligible for family pension with effect from the date of issue of respective orders irrespective of the date of death of the Government servant/Pensioner. Consequently, financial benefits in such cases will accrue from the date of issue of respective orders. The cases of dependent disabled siblings of the Government servants/Pensioners would also be covered on the above lines.
6. All Ministries/Departments are requested kindly to settle the family pension claims of widowed/divorced/unmarried daughters and dependent disabled siblings accordingly on priority. They are also requested to bring these orders to the notice of their attached/subordinate organizations for compliance.
7. This issues with the concurrence of the Ministry of Finance, Department of Expenditure vide their U.O. No.97/EV/201 1 dated 06.04.2011.
8. In so far as their applicability to the personnel of Indian Audit and Accounts Department is concerned, these orders are being issued in consultation with the C&AG of India vide their U.O. No.65-Audit (Rules)/14-2010 dt. 26.4.2011.
9. Hindi version will follow.

(K.S.Chibb)
Director

Whetehr the Presenting Officer can be a witness in the same Disciplinary proceedings ?

Mr. Ranade, Ex tahasildar, Panvel has asked me two questions.
The first  question is whether the presenting Officer can be a witness ?
The second question is whether  the inquiry proceedings can ba continued and finalized even in the absence of the presenting officer who fails to remain present inspite of notice to him.

The answer to the first  question is Yes.  The inquiry does not get vitiated on the ground that the presenting officer has appeared as witness.However  whenever the presenting officer appears as witness, after his examination in chief, the delinquent employee or his defence assistant should be allowed to cross examine him.

The reply to the second question will be given on the blog in 2-3 days.

The doubts or questions in regard to departmental inquiries may be sent to me on my email i.d. My email address is shridharji@hotmail.com

with best wishes to one and all,

S.D.Joshi

Revision of flat rates of licence fee for Central Govt. Residential Accommodation throughout the country.

In terms of SR-324(4). the Government has decided to revise the
 flat rates of licence fee recoverable (or the residential
 accommodation available in General pool and also in
 Departmental Pools of Ministries/Departments of the
 Government of India throughout the country (except in
 respect of substandard/unclassified accommodation of
 Ministry of Defence, accommodation for service personnel
 of the Ministry of Defence and accommodation under th
e control of Ministry of Railways),..
2. The revised rates of licence fee would be effective from
 1st July. 2010. All Ministries/Departments are requested
 to take action to recover the revised licence fee in accordance
with these orders in respect of accommodation under their
 control all over the country.
3. This issues with the concurrence of integrated Finance
Wing of the Ministry of Urban Development under its Diary
 No 545/Dir. (F)FD/10 dated 15.11.2010 & dated 03.01.2011.
4. In so far as persons serving in the Indian Audit & Accounts
 Departments are concerned, orders would be issued separately.

Central government emplyees retirement age likely to be raised from 60 to 62

The central Government employees retirement
age is likely to be raised from 60 to 62