Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

No. 12012/3/2009-Estt.(L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

New Delhi, Dated the 28th December 2012

OFFICE MEMORANDUM

Subject: Extension of the revised orders on encashment of Earned Leave and Half Pay Leave to industrial employees.

The undersigned is directed to state that the matter regarding extension of revised orders on encashment of Earned Leave and Half Pay Leave lo industrial employees at par with the non industrial Central Government employees covered by the CCS (Leave) Rules. 1972 has been under consideration of this Department. It has been decided in consultation with the Ministry of Finance (Department of Expenditure) to extend the provision of this Department’s OM No.14028/3/2008-Estt (L) dated 25th September 2008, mutatis mutandis to industrial employees of Ministries/Department other than Railways.

Accordingly, industrial employees shall be entitled to encash both Earned Leave and Half Pay leave, subject to overall limit of 300. Cash equivalent payable for Learned Leave shall continue unchanged. However, cash equivalent payable for half Pay Leave shall be equal to leave salary admissible for Half Pay Leave plus Dearness Allowance admissible on the leave salary without any reduction being made on account of pension and pension equivalent of other retirement benefit payable. To make up for the short fall in Earned Leave, no commutation of Half Leave shall be allowed. This Department’s OM No. 14028/25/94-Estt.(L) dated 7th October, 1996, stands amended to this extent.

2.These order shall take effect from the date of 07.11.2006, the date from which accumulation and encashment of 300 days EL were allowed to them and subject to the following conditions :-

(i) The benefit will be admissible in respect of past cases i.e. relating to period w.e.f. 07.11.2006 to till date, on receipt of applications to that effect from the pensioner concerned by the Administrative Ministry concerned.

(ii) In respect of retirees (retired after 07.11.2006), who have already received encashment of earned leave of maximum limit of 300 days together with encashment of HPL, standing at their credit on the date of retirement, such cases need not he reopened. However, such cases of Government servant considered as industrial employees retiring after 07.11.2006, in which there was a shortfall in reaching the maximum limit of 300 days can he reopened.

3. Hindi version will follow.

sd/-
(Vibha G.Mishra)
Director

Pensionary benefits to the employees of Non-Statutory Departmental Canteens–Reg.

No.12/4/97-Dir (C) (Vol.II)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

3rd Floor, Lok Nayak Bhawan,
Khan Market, North Block, New Delhi,
dated the 26.11.2012

OFFICE MEMORANDUM

Subject: Implementation of the Order dated 30.4.12 passed by the Hon’ble Delhi High Court in W.P. (Civil) No.5695/2000 – Pensionary benefits to the employees of Non-Statutory Departmental Canteens – Regarding.

The undersigned is directed to refer to this Department’s Office Memoranda Nos.12/3/92-Dir (C), dated 16.11.92 and 16.12.93 (copies enclosed) which provided for Pensionary and GPF benefits admissible to the Non-Statutory Departmental Canteen employees. These provisions had been against by a section of canteen employees. The Hon’ble CAT, Prinicipal Bench, New Delhi in two such petitions bearing Nos.572/96 and 2136/98 have ordered on 3.12.99 and 13.1.2000 respectively as under :-

i) "……….The respondents are, therefore directed to grant the benefits of the entire past service prior to the Applicants having been declared as Government Servants for counting towards pensionary benefits"

ii) "………Respondents are directed to take a decision in terms of the decision given by the Tribunal in O.A. No.572/96 i.e.to take into account the entire past service of the applicants for purpose of counting towards pensionary benefits".

2. However, Government decided to file an appeal against the said orders of the CAT before Hon’ble High Court. Accordingly, an appeal was filed vide W.P. No.5695/2000 against of the CAT. Pending disposal of W.P.No.5695/2000 in the Delhi High Court, it was decided to implement the CAT’s Order dated 3.12.99 vide OM No.12/9/2000-Dir (C), dated 8.11.2000. Now, W.P. (C) No.5695/2000 has been dismissed by the Hon’ble High Court vide their order dated 30.04.2012 for devoid of merits.

3. The matter has been accordingly considered by the Government and it has been decided that the entire past service rendered on regular basis by the non-statutory canteen employees will be reckoned as "Qualifying Service" for the purpose of calculation of pension in accordance with the relevant provisions contained in CCS (Pension) Rules, 1972 and related orders. This admissibility will be subject to the refund of the entire amount received as employers’ contribution to the EPF, if any, including interest received by them alongwith interest at the rate applicable to GPF accumulation from time to time as prescribed in Department of Pension and Pensioners Welfare’s OM No.38/34/2001-p&PW (F), dated 29/4/2002 (copy enclosed). The interest will be calculated for the period from the date of receipt of employers’ share of EPF contribution by the employee to the date of refund to the Government.

4. In view of the above, the provisions contained in this Department’s Office Memoranda bearing No.12/3/92-Dir (C), dated 16/11/92, 16/12/93 and 8/11/2000 shall stand modified to the extent of the provisions specified herein above.

5. The Ministries/Departments are requested to issue instructions to their attached/subordinate offices to take immediate necessary action to settle the cases of the employees afresh woh retired/died in harness on or after 1/10/91.

6. This issues with the approval of Ministry of Finance, Department of Expenditure U.O. Note No.1(17)/E.V/2000, dated 7/11/2012 and Ministry of Home Affairs, Home (Finance) Dy. No.CF 147351/AFA (F-1), dated 8/11/2012.

7. Hindi version of this will follow.

sd/-
(Pratima Tyagi)
Director (Canteens)

Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

                                                        No.425/04/2012-AVD-IV(A)

Ministry of Personnel, Public Grievances & Pension

Department of Personnel & Training

North Block, New Delhi

29th November, 2012

OFFICE MEMORANDUM

Subject: Guidelines for monitoring and expeditious disposal of the disciplinary proceeding cases — reg.

Instructions have been issued in the past for expeditious disposal of disciplinary proceedings against delinquent government servants. However, it has been observed that disciplinary proceedings are generally taking a long time which defeats the very purpose of initiating the said proceedings. Therefore, it has been considered necessary to issue the following guidelines for monitoring and expeditious disposal of disciplinary proceedings:

 

i. There are a number of instances where the Courts have set aside the order of penalty due to inordinate delay in initiating action. Therefore, it has to be ensured that disciplinary proceedings are initiated without undue delay.

ii. The Administrative Department/Competent Authority should study the allegations more carefully and resort to minor penalty proceedings instead of initiating major penalty proceedings, where the circumstances involve minor infringements or cases of procedural irregularities. It has to be kept in mind that a minor penalty swiftly but judiciously imposed by a Disciplinary Authority is much more effective than a major penalty imposed after years spent on a protracted enquiry.

iii. There is undue delay due to repeated requests of the charged officer for time to give his written statement in reply to the charge sheet. As per existing instructions, the charged officer is allowed 10 days to submit his written statement. The charged officer may be allowed 3-4 days absence by the Controlling Officer for preparing his written statement in which case, no extension of time should be allowed beyond the stipulated period of 10 days. (DoP&T’s OM No.142/5/2003-AVD.I dated 6th April, 2004).

iv. If vigilance angle is involved in a complaint, the case should be referred to CVC for their 1st stage advice within one month from the date of receipt of investigation report. If vigilance angle is not involved, case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of investigation report.

 

v. After receipt of first stage advice of CVC, the case should be put up to the disciplinary authority for taking decision to initiate disciplinary action for major or minor penalty against delinquent officer under CCS(CCA) Rules within one month from the date of receipt of 1st stage advice of CVC.

vi. The chargesheet should be issued to the charged officer within a week from the date of receipt of decision of the disciplinary authority to initiate major or minor penalty proceedings against him. In any case, it should be ensured that the chargesheet is issued within one month from the date of receipt of the lit stage advice of CVC.

vii. Simultaneously with the issuance of chargesheet, names of suitable officer to be appointed as IO & PO may be selected tentatively. If the charged officer, in his written statement of defence, denies the charges leveled against him, orders regarding appointment of IO & PO should be issued immediately after receipt and consideration of defence statement. Copies of all the relevant papers/documents should also be provided to IO/PO along with the order.

viii. The charge sheet should be drafted with utmost accuracy and precision based on the facts revealed during the investigation or otherwise and the misconduct involved. It should be ensured that no relevant material is left out and at the same time no irrelevant material or witnesses are included. (DoP&T’s DO No.134/2/83-AVD.I dated 2nd May, 1985)

ix. As far as possible, copies of all the documents relied upon and the statements of witnesses cited on behalf of the Disciplinary Authority should be supplied to the Government servant along with the charge sheet, so that the time taken by the charged officer to submit his written statement of defense is reduced. (DoP&T’s DO No.134/2/83-AVDJ .I dated 2nd May, 1985)

x. IO should submit his report within six months from the date of receipt of order of his appointment as IO. Where it is not possible to adhere to this time limit, the IO should submit reasons for delay to the disciplinary authority in writing.

xi. A copy of the inquiry report and also disagreement of the disciplinary authority, ifany, on it should be provided to the Charged Officer within 15 days from the date of receipt of Inquiry Report alongwith reasons for disagreement of the Disciplinary Authority with IO’s findings, if any, (CVC Circular No. 000/VGL/18 dated 23rd May,2000). The Charged Officer may be allowed 15 days to submit, if he so desires, his written representation or submission to the disciplinary authority irrespective of whether the report is favourable or not to the government servant (DoP&T’s O.M.No.11012/13/85-Estt. dated 26th June, 1989)

xii. After the receipt of the representation of charged officer on Inquiry Report, the case may be sent to CVC, whetever required, for their second stage advice, or to UPSC for their advice, as the case may be, within one month. (CVC’s Circular No 000/VGL/18dated 23rd May, 2000)

xiii. Penalty order should be issued within a month from the date of advice of UPSC.(DoP&T’s DO No 134/2/83-AVD.1 dated 2nd May, 1985)

xiv. The time-limits indicated above should be strictly adhered to. The CVO concerned would be directly responsible to adhere to these time limits.

xv. Each Ministry/Department may keep ready a panel of IO/PO from their retired government officers which may be used when no serving government servant is available for appointment of IO/PO. The services of IOs/POs who would be available on the panel maintained by CVC may also be utilized in consultation with CVC.

xvi. In some Departments a large number of oral inquiries are pending. In order to expedite completion of inquiries within a specified time limit, some officers on a fulltime basis may be earmarked by the concerned Department to act as IO/PO.

xvii. In order to ensure expeditious disposal of disciplinary proceedings, vide DoP&T’s OM No.372/19/2011-AVD-III) (Pt.1) dated 26.09.2011, the second stage consultation with CVC in disciplinary matters has been dispensed with except in those cases where consultation with UPSC is not required as per extant rules/instructions. This may be followed. Since there will be only one consultation after receipt of IO’s report (either with CVC or the UPSC, as the case may be), it is expected that the new procedure would substantially reduce the time taken in finalizing disciplinary proceedings after receipt of the IO’s report.

xviii. Wherever a Departmental officer is appointed as the IO in Departmental Proceedings, the officer concerned may be relieved from his normal duties for a period up to 20 days in two spells during which he should complete the inquiry and submit the report. During this period so allowed, he will attend to the inquiry on full time basis. These time spells may depend on the need and the feasibility of conducting full-time hearings on a day to day basis. (DoP&T’s OM No.142/5/2003-AVD.I dated 6th April,2004)

 

xix. For effective monitoring of the disciplinary proceedings cases, the Vigilance set up must be strengthened in every Ministry/Department. Instructions issued vide DOPT O0M No. 372/19/2011-AVD-III (Pt.l) dated 26.09.2011 are hereby reiterated. All Ministries/Departments are requested to take appropriate action in the matter.

All the Ministries/Departments are requested to follow the above guidelines in letter and spirit so that disciplinary proceedings are concluded expeditiously.

sd/-

(Amarjit Singh)

Deputy Secretary to the Govt. of India

SEXUAL HARASSMENT AT WORK PLACE

The following imporatnt material on sexual harassment at work place has been made available on this blog under heading " worth visiting ".Those interested can get the relevant material downloaded by clicking it on its title.

 

SEXUAL HARASSMENT AT WORKPLACE

IMPORTANT MATERIAL

1)THE PROTECTION OF WOMEN AGAINST SEXUAL HARASSMENT AT WORK PLACE BILL, 2010

2) FREQUENTLY ASKED QUESTIONS ON SEXUAL HARASSMENT (D.O.P.T.)


3) SEXUAL HARASSMENT AT WORK , PRACTICAL GUIDE-,BY NEETA RAYMAND


4) IMPORTANT JUDGEMENTS.


5) SEXUAL HARASSMENT AT WORK PLACE BY Y.M.C.A.


6) SEXUAL HARASSMENT AT WORK PLACE- CODE OF CONDUCT BY N.C.W.

Advantages of Awareness

There is a freedom that comes with awareness. Rather than thinking that we are stuck in a repetitive cycle where there is no escape, we begin to see that we very much play a hand in creating our lives. Whether we are aware of them or not, our behaviors and choices are always ours to make. Our past and our present no longer have to dictate our future when we choose to be aware. We are then free to move beyond our old limits, make new choices, and take new actions. With awareness, our paths can’t help but wind us forward in our lives while paving the way for new experiences and new ways of being. It is through awareness that we can continue to consciously evolve.

Courtesy- Daily Om

Risk allowance to Central Government Employees

No.21012/01/2010-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training

New Delhi, October 18th 2012

OFFICE MEMORANDUM

Subject: Risk Allowance to Central Government employees —
The undersigned is directed to refer to this Department’s O.M. No.21012/4/88- Estt.(Allowances) dated 22nd August, 1988, on the captioned subject and to state that in partial modification of the aforesaid O.M., the President is pleased to revise the rates of Risk Allowance in respect of the existing categories of Central Government employees with effect from 1st September, 2008, as under:

Sl.No.	Categories of employees	Revised rates in rupees per month
1.	Unskilled workers	40.00
2.	Semi-skilled workers	60.00
3.	Skilled workers	80.00
4	Supervisors	100.00
5.	Non-gazetted officers engaged in Nitro Glycerine preparation	180.00
6.	Gazetted officers engaged in Nitro Glycerine preparation	300.00
7.	Danger Building Officers	400.00

2. The amount of Risk Allowance would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. No separate instructions on this count would be required.
3. All other terms and conditions envisaged in the O.M. dated 22.08.1988 shall continue to apply.

sd/-
(Vibha G.Mishra)
Director

The Blessings Of Honesty

Most of the times , fear is induced because you are not ready  to face a situation . And you are not ready to face a situation because you do not have courage to be honest. The blessing of honesty  is that it develops  in you the courage  to face any situation. The curse of lying is that it develops  in you the fear  to avoid  most situations  Have the courage to be honest. Irrespective of the consequences, have the courage to be honest.

Mahatria

Frequently Asked Question About New Pension Scheme

1. What is the New Pension System (NPS)?

The NPS is a new contributory pension scheme introduced by the Central Government for employees joined in Government Service on or after 1.1.2004. During the year 2009, the NPS was kept open for public.

2. Who is covered by the NPS?

a. Employees who have joined central government service on or after 01 January 2004 including Railways, Posts, Telecommunication or Armed Forces (Civil), Autonomous Body, Grant-in-Aid Institution, Union Territory or any other undertaking whose employees were eligible to a pension from the Consolidated Fund of India., earlier.

b. This contribution pension scheme is also open to any Indian citizen between the age of 18 and 55.

3. I am covered by the NPS. Can I contribute to the GPF?

No. The General Provident Fund ( Central Service) Rules, 1960 is not applicable for employees covered by NPS.

4. I Am covered by the NPS. Am I eligible to Gratuity?

No. You will not be eligible to Gratuity.

5. How does the NPS work ?

When you join Government service, you will be allotted a unique Personal Pension Account Number (PPAN). This unique account number will remain the same for the rest of your life. You will be able to use this account from any location and also if you change your job. The PPAN will provide you with two personal accounts:

1. A mandatory Tier-I pension account, and

2. A voluntary Tier-II savings account.

6. What is the difference between Tier-I and Tier-II accounts?

1. Tier-I account: You will have to contribute 10% of your pay in pay band + grade pay + DA into your Tier-I (pension) account on a mandatory basis every month. You will not be allowed to withdraw your savings from this account till you retire at age 60. Your monthly contributions and your savings in this account, subject to a ceiling to be decided by the government, will be exempt from income tax. These savings will only be taxed when you withdraw them at retirement.

2. Tier-II account: This is simply a voluntary savings facility for you. Your contributions and savings in this account will not enjoy any tax advantages. But you will be free to withdraw your savings from this account whenever you wish.

7. How will I contribute to my Tier-I (pension) account?

Every month, the government will deduct 10% of your salary (10% of pay in pay band + grade pay + DA) and automatically transfer this amount to your Tier-I account in your name.

8. Will the Government contribute anything to my Tier-I (pension) account?

Yes. As your employer, the Government will match your contribution (10% of pay in pay band + grade pay + DA) and transfer this amount also to your Tier-I account in your name.

9. Can I contribute more than 10% into my Tier-I account?

Yes. You will be permitted to contribute more than the mandated 10% of pay in pay band + grade pay + DA into your Tier-I account – subject to any ceiling that may be decided by the Government.

10. Will the Government also contribute more than 10% into my Tier-I account?

No. The contribution of the Government will be limited to 10% of your pay in pay band + grade pay + DA.

11. What will happen if I am transferred to another city?

The PPAN number will stay the same and you will be able to use the same account.

12. If I leave Government service before I retire will the Government continue to contribute to my Tier-I account?

No. The 10% contribution by the Government will stop when you leave Government service. However, your savings in your Tier-I and Tier-II accounts will stay in your name and you will be able to continue using these accounts to save for your retirement.

13. What if I die or become permanently disabled during my service?

Additional Relief on death/disability of Government servants covered by the NPS(New Pension Scheme) recruited on or after 1.1.2004 has been discussed in this Office Memorandum No.38/41/06/P&PW(A) Dated 5th May, 2009

14. How will the money be invested?

The money you invest in NPS will be managed by professional fund managers. Currently, you have the choice of picking up one of the following six fund managers: ICICI Prudential Pension Management, IDFC Pension Fund Management, Kotak Mahindra Pension Fund, Reliance Capital Pension Fund, SBI Pension Funds, and UTI Retirement Solutions. In addition to this there are three schemes for which you have to opt.

Scheme A This scheme will invest mainly in Government bonds

Scheme B This scheme will invest mainly in corporate bonds and partly in equity and government bonds

Scheme C This scheme will invest mainly in equity and partly in government bonds and corporate bonds.

15. Can I switch fund managers if I am not happy with my current fund manager?

Yes, you can switch fund managers. PFRDA, the pension fund regulator, will declare the value of your investment every year in April. At that point of time, if you are not satisfied with the performance of your fund manager, you can switch to another fund manager between May 1 and May 15.

16. What are the charges?

This is where NPS wins hands down against all other modes of creating a corpus to generate income after retirement. The fund management charge of NPS is 0.0009% of the value of the investment, every year. In comparison, pension plans of insurance companies charge 0.75-1.75% as fund management charge, which is 800-2000 times higher. The other expenses charged are also very reasonable.

17. I am covered by the NPS. Do the old Pension Rules apply to me?

No. The Central Civil Service Pension Rules (1972) will not be applicable to you.

18. Who will be responsible for the NPS and for protecting my interests?

The Government has set up a new dedicated regulatory authority known as Pension Fund Regulatory and Development Authority (PFRDA). The PFRDA will be responsible for the NPS and for protecting your interests in the NPS in consultation with Ministry of Finance.

19. Who in the Government will issue me a PPAN account and be responsible for the deductions?

When you join Government service, your Drawing and Disbursement Officer (DDO) will instruct you to fill out a NPS form. You will be required to provide your full professional and personal details including details of your nominee in this form. The DDO will issue you the PPAN number(PRAN) and will also be responsible for all administrative matters related to your NPS accounts including deduction of your contributions, transferring your contributions and the matching contribution of the Government to your Tier-I pension account.

20. What will happen to my contributions to my Tier-I account?

Your monthly contributions, and the matching contributions by the Government into your Tier-I account, will be transferred by the Government in your name to a Pension Fund Manager (PFM). The PFM will invest your contributions on your behalf. In this way, your savings will appreciate and grow over time.

21. Will I be permitted to select more than one Pension Fund Manager to manage my savings?

Yes. If you wish, you will be able to spread your savings across multiple PFMs – where a part of your savings are managed by 2 or more PFMs.

22. Am I guaranteed a certain rate of return?

No return is guaranteed as it is in case of EPF and PPF. The amount of money you make is dependant on how well the fund managers chosen by you perform. But, the extremely low charges in NPS sure give it an edge over the the pension plans of insurance companies.

23. Can I contribute more than 10 into my Tier-I account?

Yes. You will be permitted to contribute more than the mandated 10% of Basic+DA+DP into your Tier-I account – subject to any ceiling that may be decided by the Government.

24. Can I withdraw money from the account?

The NPS offers two accounts: tier I and tier II. Currently only tier I account is available. This is a non-withdrawable account and investments in this keep accumulating till you turn 60. Withdrawal is allowed only in case of death, critical illness or if you are building or buying your first house. In case of death the nominee can get 100% of NPS wealth in a lump sum. He can however continue with the NPS in case he wishes to.

25. What will happen to my savings in the Tier-I account when I retire?

You will be able to withdraw 60% of your savings as a lump sum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

26. Can I use more than 40% of my savings to purchase the annuity?

Yes. You can use more than 40% of your savings to purchase annuity.

27. What will happen to my savings if I decide to retire before age 60?

You will be required to use 80% of your savings in your Tier-I account to purchase the annuity. You will be able to withdraw the balance 20% of your savings as a lumpsum. The other option is , you can continue to invest in NPS on monthly basis and then purchase annuity using 40% of your savings at the age of 60.

28. Will the annuity also provide a family (survivor) pension?

Yes. You will have an option of selecting an annuity which will pay a survivor pension to your spouse.

29. What will happen to my savings in the Tier-I account when I retire?

You will be able to withdraw 60% of your savings as a lumpsum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

30. What happens at retirement?

NPS by default sets the retirement age at 60. Once you attain that age, you can use the money that has accumulated to generate a regular pension for yourself. In order to do this, you have to compulsorily buy immediate annuity from a life insurance company with 40% of the money that has accumulated. As explained at the beginning, buying an immediate annuity will assure a regular payment for you. Since a minimum of 40% needs to be used to buy an immediate annuity, a maximum of 60% of the money accumulated can be withdrawn. However, unlike other tax-saving instruments like Public Provident Fund (PPF) and Employees’ Provident Fund (EPF), wherein the amount at maturity is tax-free, in case of NPS this amount is taxable.

31. Whether a retiring Government servant is entitled for leave encashment after retirement under the NPS?

The benefit of encashment of leave salary is not a part of the retirement benefits admissible under Central Civil Services (Pension) Rules, 1972. It is payable in terms of CCS (Leave) Rules which will continue to be applicable to the government servants who join the government service on after 1-1-2004. Therefore, the benefit of encashment of leave salary payable to the governments/to their families on account of retirement/death will be admissible.

32. Why is it mandatory to use 40% of pension wealth to purchase the annuity at the time of the exit (i.e. after the age of 60 years) from NPS?

This provision has been made in the New Pension Scheme with an intention that the retired government servants should get regular monthly income during their retired life.

33. Whether any minimum age or minimum service is required to quit from Tier-I?

Exit from Tier-I can only take place when an inpidual leaves Government service.

34. Whether Dearness Pay is counted as basic pay for recovery of 10% for Tier-I?

As per the New Pension Scheme, the total Dearness Allowance is to be taken into account for working out the contributions to Tier-I. Subsequently, a part of the “Dearness Allowance” has been treated as Dearness Pay. Therefore, this should also be reckoned for the purpose of contributions.

35. Whether contribution towards Tier-I from arrears of DA is to be deducted?

Yes. Since the contribution is to be worked out at 10% of (Pay+ DP+DA), it needs to be revised whenever there is any change in these elements.

36. Who will calculate the interest PAO or CPAO?

The PAO should calculate the interest.

37. What happens if an employee gets transferred during the month? Which office will make deduction of Contribution?

As in the case of other recoveries, the recovery of contributions towards New Pension Scheme for the full month (both inpidual and government) will be made by the office who will draw salary for the maximum period.

38. Whether NPA payable to medical officers will count towards ‘Pay’ for the purpose of working out contributions to NPS?

Yes. Ministry of Health & Family Welfare has clarified vide their O.M. no. A45012/11/97-CHS.V dated 7-4-98 that the Non-Practicing Allowance shall count as ‘pay’ for all service benefits. Therefore, this will be taken into account for working out the contribution towards the New Pension Scheme.

39. Whether a government servant who was already in service prior to 1.1.2004, if appointed in a different post under the Government of India, will be governed by the CCS (Pension) Rules or NPS?

In cases where Government servants apply for posts in the same or other departments and on selection they are asked to render technical resignation, the past services are counted towards pension under CCS (Pension) Rules, 1972. Since the Government servant had originally joined government service prior to 1-1-2004, he should be covered under the CCS (Pension) Rules, 1972.

40. Will I get a tax deduction for the investment?

Yes, under Section 80CCD of the Income Tax Act investments of up to Rs 1 lakh in the NPS can be claimed as tax deductions. Readers should remember that this Rs 1 lakh limit is not over and above the Rs 1 lakh limit available under Section 80C. In fact, the combined limit of investments made under Section 80C, 80CCD and section 80CCC (for investments made into pension plans of insurance companies) is Rs 1 lakh.

Source: AIRF

Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2011-12

 

No.7/24/2007/E III (A)

Government of India

Ministry of Finance

Department of Expenditure

E III (A) Branch

New Delhi, the 5th October. 2012.

OFFICE MEMORANDUM

Subject: – Grant of Non-Productivity Linked Bonus (ad-hoc bonus) to Central Government Employees for the year 2011-12.

The undersigned is directed to convey the sanction of the President to the grant of Non-Productivity Linked Bonus (Ad-hoc Bonus) equivalent to 30 days emoluments for the accounting year 2011-12 to the Central Government employees in Groups ‘C’ and ‘D’ and all non-gazetted employees in Group ‘B’, who are not covered by any Productivity Linked Bonus Scheme. The calculation ceiling for payment of ad-hoc Bonus under these orders shall continue to be monthly emoluments of Rs. 3500/-, as hitherto. The payment of ad-hoc Bonus under these orders will also be admissible to the eligible employees of Central Para Military Forces and Armed Forces. The orders will be deemed to be extended to the employees of Union Territory Administration which follow the Central Government pattern of emoluments and are not covered by any other bonus or ex-Gratia scheme.

The benefit will be admissible subject to the following terms and conditions:-

(1) Only those employees who were in service as on 31.3.2012 and have rendered at least six months of continuous service during the year 2011-12 will be eligible for payment under these orders. Pro-rata payment will be admissible to the eligible employees for period of continuous service during the year from six months to a full year, the eligibility period being taken in terms of number of months of service (rounded off to the nearest number of months).

(ii) The quantum of Non-PLB (ad-hoc bonus) will be worked out on the basis of average emoluments/calculation ceiling whichever is lower. To calculate Non-PLB (Ad-hoc bonus) for one day, the average emoluments in a year will be divided by 30.4 (average number of days in a month). This will thereafter be multiplied by the number of days of bonus granted. To illustrate, taking the calculation ceiling of monthly emoluments of Rs. 3500 (where actual average emoluments exceed Rs. 3500), Non-PLB (Ad-hoc Bonus) for thirty days would work out to Rs. 3500×30/30.4=Rs.3453.95 (rounded off to Rs. 3454/-)

(iii) The casual labour who have worked in offices following a 6 days week for at least 240 days for each year for 3 years or more(206 days in each year for 3 years or more in the case of offices observing 5 days week), will be eligible for this Non-PLB (Ad-hoc Bonus) Payment. The amount of Non-PLB (ad-hoc bonus) payable will be (Rs.1200×30/30.4 i.e.Rs.1184.21 (rounded off to Rs.1184/-). In cases where the actual emoluments fall below Rs.1200/- p.m., the amount will be calculated on actual monthly emoluments.

(iv) All payments under these orders will be rounded off to the nearest rupee.

(v) The clarificatory orders issued vide this Ministry’s OM No.F.14 (10)—E. Coord/88 dated 4.10.1988, as amended from time to time, would hold good.

3. The expenditure on this account will be debitable to the respective Heads to which the pay and allowances of these employees are debited.

4. The expenditure incurred on account of Non-PLB (Ad-hoc Bonus) is to be met from within the sanctioned budget provision of concerned Ministries/Departments for the current year.

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders are issued in consultation with the Comptroller and Auditor General of India.

Download office memorandum No.7/24/2007/E III (A) dated 05.10.2012 issued by Finance Ministry for grant of bonus for the year 2011-12

G.P.F.information on internet soon

No. ITD-CGA/07-11/GPF-MIDS/Pt. file III/

Ministry of Finance, Department of Expenditure

Office of the Controller General of Accounts

Lok Nayak Bhavan, Khan Market

New Delhi — 110 003

(I.T. Division)

Office Memorandum

Dated September 14, 2012

As a part of mission towards bringing transparency and strengthening the Information (GPF Module) System of the O/O CGA, this office has decided to expand the e-Samarth application to all PAOs of Civil Ministries, presently running in four PAOs of CISF, Mb o Home Affairs and FAQ (NIC).

2. e-Samarth, a web-based application, follows a very transparent approach in providing a comprehensive resource of GPF-related information through a website open to all account holders and accounting units. All account holders will be able to get the information regarding their GPF accounts directly from internet. The subscribers will be able to view the current status of their request for GPF Withdrawal, Advances, Final Payment, Deposit Linked Insurance Scheme (DLIS), and Transfer Out and balances, etc.

3. In the present system of maintenance of GPF accounts, new account number is allotted to the subscriber at the time of his first deduction towards GPF or at the time of his transfer from one office to another either within Ministry or inter-Ministry, resulting in holding of multiple account numbers by a subscriber with a possibility of GPF credits scattered over different accounting Units. In such cases, subscribers do not know what balance is lying in their accounts.

4. In e-Samarth application, a subscriber can view his/her GPF details through a unique number only. It is therefore mandatory to map all his/her existing account numbers through a Unique Key. It has been decided that PAN (allotted by Income Tax Department) would be treated as a Unique Key to map all the account numbers allotted to a subscriber.

5. It is, therefore, compulsory for all the PAOs to first capture the PAN Number details of all the GPF Accounts opened in their COMPACT database and also update their Date of Birth, Date of Joining Govt. Service and Date of Superannuation so that the multiple account numbers of a subscriber could be mapped and unique Id could be allotted. A new upgrade of COMPACT is available at www.pao2000.nic.in. All the PAOs have to upgrade their COMPACT before capturing this information. In order to further facilitate in data entry, a separate off-line utility has also been available at www.pao2000.nic.in. A User-guide for the utility is attached as annexure-1.

6. It is therefore requested to instruct all the PAOs under your control to obtain PAN number and update Account Allotment General Information of all the subscribers under their control latest by 5th October, 2012 so that multiple account numbers of a subscriber could be mapped and unique IDs could be issued to all the Account Holders.

Sd/-

(Alok Kumar Verrna)

Asstt. Controller General of Accounts (ITD)

Payment of Dearness Allowance to Central Government employees – Revised Rates effective from 1.7.2012.

No. 1(8)/2012-E-II (B)

Government of India

Ministry of Finance

Department of Expenditure

North Block, New Delhi

Dated: 28th September, 2012

OFFICE MEMORANDUM

Subject: Payment of Dearness Allowance to Central Government employees – Revised Rates effective from 1.7.2012.

The undersigned is directed to refer to this Ministry’s Office Memorandum No. 1 (1)/2012-E-11 (B) dated 3rd April, 2012 on the subject mentioned above and to say that the President is pleased to decide that the Dearness Allowance payable to Central Government employees shall be enhanced from the existing rate of 65% to 72% with effect from 1st July, 2012.

2. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M. No. 1(3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

3. The additional installment of Dearness Allowance payable under these orders shall be paid in cash to all Central Government employees.

4. These orders shall also apply to the civilian employees paid from the Defence Services Estimates and the expenditure will be chargeable to the relevant head of the Defence Services Estimates. In regard to Armed Forces personnel and Railway employees, separate orders will be issued by the Ministry of Defence and Ministry of Railways, respectively.

5. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue in consultation with the Comptroller and Auditor General of India.

Download Office Memorandum No. 1(8)/2012-E-II (B) dated 28.09.2012 for hike in DA from 65% to 72%

7% D.A. increase to Central Government employees

The Union cabinet has taken a decision to increase the Dearness allowance of Central Governement employees by 7% w.e.f. 1-7-2012. The employees will now be getting 72% D.A. The necessary ordres are likely to be issued by Ministry of Finanace shortly.

RAJIV GANDHI EQUITY SAVINGS SCHEME FOR RETAIL INVESTORS

RAJIV GANDHI EQUITY SAVINGS SCHEME FOR RETAIL INVESTORS

The Union Finance Minister, Shri. P. Chidambaram approved a new tax saving scheme called “Rajiv Gandhi Equity Saving Scheme“(RGESS), exclusively for the first time retail investors in securities market. This Scheme would give tax benefits to new investors who invest up to Rs. 50,000 and whose annual income is below Rs. 10 lakh.

The Scheme not only encourages the flow of savings and improves the depth of domestic capital markets, but also aims to promote an ‘equity culture’ in India. This is also expected to widen the retail investor base in the Indian securities markets.

Salient features of the Scheme are as under:
a. Scheme is open to new retail investors, identified on the basis of their PAN numbers. This includes those who have opened the Demat account but have not made any transaction in equity and /or in derivatives till the date of notification of this Scheme and all those account holders other than the first account holder who wish to open a fresh account.

b. Those investors whose annual taxable income is ? Rs. 10 lakhs are eligible under the Scheme.

c. The maximum Investment permissible under the Scheme is Rs. 50,000 and the investor would get a 50% deduction of the amount invested from the taxable income for that year.

d. Under the Scheme, those stocks listed under the BSE 100 or CNX 100, or those of public sector undertakings which are Navratnas, Maharatnas and Miniratnas would be eligible. Follow-on Public Offers (FPOs) of the above companies would also be eligible under the Scheme. IPOs of PSUs, which are getting listed in the relevant financial year and whose annual turnover is not less than Rs. 4000 cr for each of the immediate past three years, would also be eligible.

e. In addition, considering the requests from various stakeholders, Exchange Traded Funds (ETFs) and Mutual Funds (MFs) that have RGESS eligible securities as their underlying and are listed and traded in the stock exchanges and settled through a depository mechanism have also been brought under RGESS.

f. To benefit the small investors, the investments are allowed to be made in instalments in the year in which tax claims are made.

g. The total lock-in period for investments under the Scheme would be three years including an initial blanket lock-in period of one year, commencing from the date of last purchase of securities under RGESS.

h. After the first year, investors would be allowed to trade in the securities in furtherance of the goal of promoting an equity culture and as a provision to protect them from adverse market movements or stock specific risks as well as to give them avenues to realize profits.

i. Investors would, however, be required to maintain their level of investment during these two years at the amount for which they have claimed income tax benefit or at the value of the portfolio before initiating a sale transaction, whichever is less, for at least 270 days in a year. The calculation of 270 days includes those days pursuant to the day on which the market value of the residual shares /units has automatically touched the stipulated value after the date of debit.

j. The general principle under which trading is allowed is that whatever is the value of stocks / units sold by the investor from the RGESS portfolio, RGESS compliant securities of at least the same value are credited back into the account subsequently. However, the investor is allowed to take benefits of the appreciation of his RGESS portfolio, provided its value, as on the previous day of trading, remains above the investment for which they have claimed income tax benefit.

k. For the purpose of valuation of shares, the closing price as on the previous day of the date of trading will be considered so that new investors are certain about their debits and credits into the account.

l. In case the investor fails to meet the conditions stipulated, the tax benefit will be withdrawn.

Like all financial products which have reached out substantially to the retail investors (post office savings, life insurance policies etc) through tax benefits, this tax break for direct investment in equity is expected to substantially encourage the retail participation in securities market as well as to enhance their participation in the growth of Indian industry. Entry of more retail investors are expected to further deepen the securities markets as they bring in long-term stable funds, which can counteract the volatility created by the liquidity providers of the market. The Scheme, thus, also furthers the goal of financial stability and promotes financial inclusion. Since Exchange Traded Funds and Mutual Funds have also been brought under
the Scheme, the Scheme should provide encouragement and re-assurance to the first time investors.

The broad provisions of the Scheme and the income tax benefits under it have already been incorporated as a new Section -80CCG- of the Income Tax Act, 1961, as amended by the Finance Act, 2012. Department of Revenue will notify the Scheme and SEBI will issue the relevant circulars to operationalize the Scheme in the next two weeks.

Reimburse government staff for private treatment’

Reimburse government staff for private treatment’
A central government servant is entitled for reimbursement even if he takes treatment in a private hospital under emergent situation, the TN Bench of the Central Administrative Tribunal has held.

M Mohamed Salia, Deputy Chief Engineer, Southern Railway, while returning home, suffered a heart attack on November 20, 2008. Due to the urgency of the matter, his wife admitted him in the nearest private hospital Frontier Lifeline, as the Railway Hospital was 10 km away from her residence. After a by-pass surgery and necessary treatment, he was discharged on December 12, 2008. He paid Rs.3.10 lakh towards hospital bills.

When he applied for reimbursement of Rs.2 lakh to which he was entitled, the railway authorities rejected his claim on the ground that treatment in a non-recognised private hospital without referral by the railway authorised medical officer was not admissible. Hence, the present application.

Rejecting the contentions, CAT judicial member G Santhappa said that in this case, the applicant had produced the emergency certificate and that had not been considered by the railways. The Personnel Branches Circular (PBC) dated May 4, 1994 listed under what circumstances reimbursement of medical expenses could be made. It included that if a patient falls ill at a place where there was no government or railway hospital and that if transporting the patient to the nearest government hospital would result in loss of life, the servant could be admitted in a private hospital. The rejection was against the law laid down by the SC, the tribunal said, set aside the order and directed the railways to sanction the amount in a month.

Source : www.newindianexpress.com

Suo motu disclosure on official tours of Ministers and other officials.

                              Ministry of Personnel, Public Grievances and Pensions

                                         Department of Personnel & Training

                                                  North Block, New Delhi

                                                                                                                    Dated:llth September, 2012

                                                   Office Memorandum

Sub: Suo motu disclosure on official tours of Ministers and other officials.

Sub-Section (2) of Section 4 of the RTI Act, 2005 requires every public authority

to take steps in accordance with the requirements of clause

 

(b) of sub-section (1) to

provide as much information

suo motu to the public at regular intervals through various

means of communications, including internet, so that the public have minimum resort

to use the Act to obtain information.

2. It has been brought to the notice of this Department that public authorities are

receiving RTI applications frequently asking for details of the official tours undertaken

by Ministers and other officials of the Ministries/Departments concerned. In compliance

with the provisions of Section 4 of the RTI Act, 2005, it is advised that Public

Authorities may proactively disclose the details of foreign and domestic official tours

undertaken by Minister(s) and officials of the rank of Joint Secretary to the Government

of India and above and Heads of Departments, since 1s` January, 2012. The disclosures

may be updated once every quarter starting from 1s` July, 2012.

3. Information to be disclosed proactively may contain nature of the official tour,

places visited, the period, number of people included in the official delegation and total

cost of such travel undertaken. Exemptions under Section 8 of the RTI Act, 2005 may

be taken in view while disclosing the information. These advisory would not apply to

security and intelligence organisations under the second schedule of the RTI Act, 2005

and CVOs of public authorities.

4. Contents of this OM may be brought to the notice of all concerned.

•

Restoration of withheld portion of Ordinary Family Pension to widow of ESM in Nepal.

No.8(01)/2007-D(Pen/Pol) (Vol.III)

Government of India

Ministry of Defence

Department of Ex-servicemen Welfare

B-Wing, Sena Bhawan,

New Delhi

Dated 23 August, 2012

To
THE CHIEF OF THE ARMY STAFF
THE CHIEF OF THE NAVAL STAFF
THE CHIEF OF THE AIR STAFF

SUBJECT : Restoration of withheld portion of Ordinary Family Pension to widow of ESM in Nepal.

The proposal regarding restoration of withheld portion of Ordinary family pension to the Widow of ESM in Nepal has been under consideration by the Government of India. As per extant provision, ordinary family pension can be divided in the event of a pensioner having more than one wife. Plural marriages are apparently very common in Nepal. Therefore, Record office, Indian Embassy has recommended apportionment of ordinary family pension depending upon the number of wives recorded. PCDS(P) is the pension sanctioning authority and full share of family pension to a claimant is not agreed unless it is established that the other widows whose names are recorded are dead.

The name of co-widow recorded in service documents should be divulged to the surviving widow to enable her to opting either the whereabouts or the documents to prove that either the widow whose name recorded is dead/eloped or does not exist so that withheld portion of family pension is restored to her. However, after a detailed study and analysis of the social customs and peculiarities in Nepal, it was learnt that divulging names would lead to preparation of false documents of death/elopment as surviving widows are not aware of the whereabouts of widows recorded in sheet roll as in all probabilities they are not in existence due to wrong entries of the names like pet and alias names. The issue is sensitive and has been taken up by various ex-servicemen association in Nepal followed by the media.

2. The President is now pleased to decide the restoration of Family Pension in such cases in Nepal. All such cases which are more than seven years old, sanction is given for restoration of the pension with the following conditions :-

(i) AMA Records in the IE Nepal will carry out detailed investigation in each case, including consultation with reputed persons/public authorities from the village of the deceased soldier, regarding existence or otherwise of the other widow name is recorded in service documents but whose whereabouts are not known for the last seven years, in order to establish that the claimant for 100% restoration of family pension is the only surviving and genuine widow.

(ii) After conclusion of the investigation, the MAC Records, IE, Nepal, Kathmandu will prepare a statement of case in each and will forward the same to PCDA(P) Allahabad along with his recommendation and supported with the following documents:

(A) Investigation report as at (i) above

(B) An affidavit from the claimant duly affirmed before the Chief District Officer (CDO) and witnessed by 2 senior Indian Army Pensioners not below the rank of JCOs, stating that she is the only surviving widow and no other legal claimant is either alive or eligible and that she undertakes to refund the entire amount of 5O% share of the family pension received by her in case eligible claimant reports for claiming Ordinary Family Pension at a later stage.

(C) A certificate from Chief District Officer after due verification by him to the effect that no other legal widow is alive to claim 50% portion of the family pension except the claimant.

The documents as at (B) & (C) above may be countersigned by MA/AMA Records, IE, Nepal, and Kathmandu. However, such case may be re-investigated at ground level, it may not be done only on basis of documents produced by the claimant. Legal heirship certificate issued by competent authority may be taken from the claimant, if necessary.

3. In case any other widow reports later — on i.e., after sanction of family pension to the claimant by following the above procedure, the pension may be divided again proportionately if the claimant’s genuineness is established.

4. This issues with the concurrence of Finance Division of the Ministry vide their ID No. 10(10)2010/Fin/Pen, dated 26.07.2012.

Hindi version will follow.

Yours faithfully,

sd/-

(Malathi Narayanan)

Under Secretary to Govt. of India

Source: www.cgda.nic.in

The protection of women against sexual harasment at work-place bill 2010

         The protection of women against sexual harasment at work-place bill 2010

Loksabha passed the "The protection of women against the sexual harasment at work-place bill 2010" on Monday the 4th Septembr 2012.

The said bill is available   in the documents under title "Worth Visiting" on this blog.

Retirement Benefits : Defined Benefit Pension Scheme and New Pension Scheme to retired Central Government employees

Retirement Benefits : Defined Benefit Pension Scheme and New Pension Scheme to retired Central Government employees

In Lok Sabha, Minister of Personnel, Public Grievances and Pensions Shri.V.Narayanasamy replied to a question about the welfare schemes for retired employees on 22nd August, 2012.

The Central Government employees appointed before 1.1.2004 and governed by the Defined Benefit Pension Scheme, on their retirement, are granted a monthly pension equal to 50% of their last pay drawn. However, the minimum pension granted to retired employees is Rs.3,500/- per month. Old Pensioners of the age of 80 years and above are granted additional pension ranging from 20% to 100% of their basic pension.

The pensioners are also granted dearness relief from time to time based on the All India Consumer Price Index. The present rate of Dearness Relief is 65% of the pension. The pensioners are also provided medical facilities/fixed medical allowance to take care of their health.

The Government employees appointed on or after 1.1.2004 and governed by the New Pension System can withdraw 60% of their savings as a lumpsum when they retire. The balance 40% of their wealth is used to purchase an annuity scheme from a life insurance company of their choice, which will pay him/her a monthly pension for the rest of his/her life. In case the employees leave the New Pension Scheme prior to age of 60, the mandatory anuitization would be 80% of the pension wealth.

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

FREQUENTLY ASKED QUESTIONS (FAQs) ON MODIFIED ASSURED CAREER PROGRESSION SCHEME

1. What is Modified Assured Career Progression Scheme (MACPS) ?

The MACP Scheme for Central Civilian Government Employees is in supersession of earlier ACP Scheme. Under the MACP Scheme three financial Up-gradations are allowed on completion of 10,20,30 years of regular service, counted from the direct entry grade. The MACPS envisages merely placement in the immediate next higher grade pay as given in Section I, Part-A of the first schedule of the CCS (Revised Pay) Rules 2008, in case no promotion has been earned by the employee during this period.

2. From which date the MACPS is effective?

The MACPS is effective w.e.f. 01.09.2008 or on completion of 10, 20 & 30 years of continuous regular service, whichever is later. Financial upgradation will also be admissible whenever a person has spent 10 years continuously in the same grade pay. (Para 9 of OM dated 19/5/2009)

3. Who are entitled for financial under the MACPS?

The MACPS is applicable to all Central Government Civilian Employees.

4. What norms are required to be fulfilled while granting the benefits under MACPS?

The financial upgradation would be on non-functional basis subject to fitness in the hierarchy of pay band and grade pay within PB- 1. Thereafter, only the benchmark of ‘Good’ would be applicable till the grade pay of Rs.6600 In PB-3. The benchmark will be ‘Very Good’ for Financial upgradation to the grade pay of Rs.7600 and above. However, where the Financial upgradation under the MACPS also happen to be in the promotional grade and benchmark for promotion is lower than the benchmark for granting the benefits under MACPS as mentioned in para 17 of the Scheme, the benchmark for promotion shall apply to MACP also.

O.M.N0.5034/3/2008-Estt(D) dated 01/11/2010

5. Whether Pay Band would be changed at the time of grant of financial upgradation under MACPS?

Yes.

OM.N0.35034/3/2008-Estt.(D) dated 09/09/2010

6. Whether the promotions in same grade would be counted for the purpose of MACPS?

The financial up-gradation under the MACPS is in the immediate next higher grade pay in the hierarchy of recommended revised pay bands and grade pay as given in CCS (Revised Pay) Rules, 2008. However if the promotional hierarchy as per recruitment rules is such that promotions are earned in the same grade pay, then the same shall be counted for the purpose of MACPS.

7. How will the benefits of ACP be granted if due between 01 .01.2006 and 31.08.2008?

The revised pay structure has been changed w.e.f. 01.01.2006 and the benefits of ACPS have been allowed till 31.08.2008. Hence, the benefits of revised pay structure would be allowed for the purpose of ACPS.

(OM No.35034/3/2008-Estt. dated 9.9.2010)

8. Whether adhoc appointment would be counted towards qualifying service for MACPS?

No. Only continuous regular service is counted towards qualifying service for the purpose of MACPS. The regular service shall commence from the date of joining of a post in direct entry grade on a regular basis. (Para 9 of the MACPS)

9. Whether State Government service shall be reckoned for the purpose of MACPS?

No. Only regular service rendered in the Central Government’s Department/Office is to be counted for the purpose of MACPS, as the Scheme is applicable to the Central Government Civilian Employees only. ( MACPS , Para 10)

10. What are the periods included in the regular service?

All period spent on deputation/foreign service, study leave and all other kind of leave, duly sanctioned by the competent authority shall be included in the regular service. (Para 11. MACPS)

11. How is the MACPS to be extended to the employees of Autonomous and Statutory Bodies?

Procedure prescribed in OM No.35034/3/2010- Estt(D),Dated 03/08/2010 would be followed by the administrative Ministries/Departments concerned for extension of the MACPS to the employees of Autonomous and Statutory Bodies under their control.

12. Whether the cases of grant of financial upgradation allowed under the ACPS between 01.09.2008 and 19.05.2009, the date of issue of the Scheme are be reviewed?

Yes. Since the benefits of ACPS have been discontinued w.e.f. 01.09.2008, the cases settled between 01.09.2008 and 19.05.2009, in terms of previous ACP Scheme shall be reviewed.

13. Whether the past continuous regular service in another Govt.Deptt. in a post carrying same grade pay prior to regular appointment in a new Deptt. without a break shall be counted towards qualifying regular service for the purpose of MACPS?

Yes. ( Para 9, MACPS)

14. Upto what grade pay the benefits under the / MACPS is allowed?

The benefits of MACPS are being up-to HAG scale of Rs. 67000 – 79000/- (DOPT’s O.M.No.35034/3/2008-Estt.(D) dated 24.12.2010)

15. How the cases of pre-revised pay scales (Rs.5000-8000 & Rs.5500-9000 and Rs.6500-10500 & Rs.7450-11500) merged w.e.f. 01.01.2006 are to be decided under MACPS?

The cases would be regulated in accordance with para 5 of Annexure-I of MACPS. The Ministries/Departments are expected to re-organise cadres and frame common RRs for the post in merged scales.

16. Whether ‘Non-functional Scale’ of Rs.8000-13500 (revised to grade pay of Rs.5400 in PB-3) would be viewed as one financial upgradation for the purpose of MACPS?

Yes, in terms of para 8.1 of Annexure-I 01 MACPS dated 19.05.2009.

17. Whether time bound promotion’ scheme including ‘in-situ promotion’ scheme can run concurrently with MACPS?

No. ( Para 13 of MACPS)

18. Whether Staff Car Drive Scheme can run concurrently with MACPS?

DOPT vide O.M.No.35011/03/2008-Estt.(D),30/07/2010 has extended the benefits of MACPS to Staff Car Drivers as a fall back option

19. Whether the placement of erstwhile Gr. D employees as Staff Car Driver, ordinary grade would count as a promotion?

No. The model RRs for Staff Car Drivers provide deputation/absorption as a method of appointment for erstwhile Gr. D employees . The placement as staff Car Driver is not in the hierarchy hence the same would not be counted as promotion under MACPS. The regular service for the MACPS would be from the date of appointment as Staff Car Driver.

20. Whether designation classification or higher status would change on account of financial upgradation under MACPS?

There shall be no change in the designation classification or higher status on grant of financial upgradation under MACPS, as the upgradation under the Scheme is purely personal and merely placement in the nexl higher grade pay. (Para 16 of Annexure-l of MACPS refers)

21. If a financial upgradation under the MACPS is deferred due to the reason of the employees being ‘unfit’ or due to departmental proceedings, etc, whether this would have consequential effect on the subsequent financial upgradation?

Yes, this would have consequential effect on the subsequent financial upgradation, which would also get deferred to the extent of delay in grant of financial upgradation. ( MACPS, Para 15)

22. Whether the stepping up of pay would be admissible if a junior is getting more pay than the senior on account of grant of financial upgradation under MACPS?

No stepping up of pay in the band or grade pay would be admissible with regard to junior getting more pay than the senior on account of pay fixation under MACPS.

Para 10 of OM dated 19/5/2009

23. Whether the regular service rendered by an employee if declared surplus in his/her organisation and appointed in the same grade pay or lower grade pay shall be counted towards the regular service in a new organization for the purpose of MACPS?

Yes. (refer para 23 of Annexure-l of MACPS)

24. In case of transfer including unilateral transfer own request, whether regular service rendered in previous organisation/office shall be counted alongwith the regular service in the new organization for the purpose of MACPS?

Yes. OM No.35034/3/2008-Estt(D) dated 01/11/2010

25. If a regular promotion has been offered but was refused by the employees before becoming entitled to a financial upgradation under the MACPS, whether financial upgradation shall be allowed to such a Government servant?

If a regular promotion has been offered but was refused by the Government employee before becoming entitled to a financial upgradation, no financial upgradation shall be allowed and as such an employee has not been stagnated due to lack of opportunities. If, however, financial upgradation has been allowed due to stagnation and the employees subsequently refuse the promotion, it shall not be a ground to withdraw the financial upgradation. He shall, however, not be eligible to be considered for further financial upgradation till he agrees to be considered for promotion again and the next financial upgradation shall also be deferred to the extent of period of debarment due to the refusal.( Para 25 of MACPS)

Source: www.persmin.nic.in

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

Q.1. What is Information?

Information is any material in any form. It includes records, documents, memos, e-mails, opinions, advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Q.2 What is a Public Authority?

A “public authority” is any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority. The financing of the body or the NGO by the Government may be direct or indirect.

Q.3 What is a Public Information Officer?

Public authorities have designated some of its officers as Public Information Officer. They are responsible to give information to a person who seeks information under the RTI Act.

Q.4 What is an Assistant Public Information Officer?

These are the officers at sub-divisional level to whom a person can give his RTI application or appeal. These officers send the application or appeal to the Public Information Officer of the public authority or the concerned appellate authority. An Assistant Public Information Officer is not responsible to supply the information. The Assistant Public Information Officers appointed by the Department of Posts in various post offices are working as Assistant Public 2 Information Officers for all the public authorities under the Government of India.

Q.5. What is the Fee for Seeking Information from Central Government Public Authorities?

A person who desires to seek some information from a Central Government Public Authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information. The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt. However, the RTI Fee and the mode of payment may vary as under Section 27 and Section 28, of the RTI Act, 2005 the appropriate Government and the competent authority, respectively, by notification in the Official Gazette, make rules to carry out the provisions of this Act.

Q.6. What is the Fee for the BPL applicant for Seeking Information?

If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line.

Q.7. Is there any specific Format of Application?

There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant.

Q.8. Is it required to give any reason for seeking information?

The information seeker is not required to give reasons for seeking information.

Q.9. Is there any provision for exemption from Disclosure of Information?

Sub-section (1) of section 8 and section 9 of the Act enumerate the types of information which is exempt from disclosure. Sub-section (2) of section 8, however, provides that information exempted under sub-section 3 (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest.

Q.10. Is there any assistance available to the Applicant for filing RTI application?

If a person is unable to make a request in writing, he may seek the help of the Public Information Officer to write his application and the Public Information Officer should render him reasonable assistance. Where a decision is taken to give access to a sensorily disabled person to any document, the Public Information Officer, shall provide such assistance to the person as may be appropriate for inspection.

Q.11. What is the Time Period for Supply of Information?

In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority. If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours. In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.

Q.12. Is there any provision of Appeal under the RTI Act?

If an applicant is not supplied information within the prescribed time of thirty days or 48 hours, as the case may be, or is not satisfied with the information furnished to him, he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer. Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.

Q.13. Is there any scope for second appeal under the RTI Act?

If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety days from the date on which the decision should have been made by the first appellate authority or was actually received by the appellant.

Q.14. Whether Complaints can be made under this Act? If yes, under what conditions?

If any person is unable to submit a request to a Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be; or he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the Act; or he has been required to pay an amount of fee which he considers unreasonable; or he believes that he has been given incomplete, misleading or false information, he can make a complaint to the Information Commission.

Q.15. What is Third Party Information?

Third party in relation to the Act means a person other than the citizen who has made request for information. The definition of third party includes a public authority other than the public authority to whom the request has been made.

Q.16. What is the Method of Seeking Information?

A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The application should be precise and specific. He should make payment of application fee at the time of submitting the application as prescribed in the Fee Rules.

Q.17. Is there any organization(s) exempt from providing information under RTI Act?

Yes, certain intelligence and security organisations specified in the Second Schedule, are exempted from providing information excepting the information pertaining to the allegations of corruption and human rights violations.

Source : DOPT