Tuesday, December 31, 2013

Forwarding of Applications of Government Servants for Outside Employment

7:13 AM - by ADMIN No comments:

No.28011/1/2013-Estt(C)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel & Training)

North Block, New Delhi

Dated the 23rd, December, 2013

OFFICE MEMORANDUM

Subject: Consolidated Instructions on Forwarding of Applications of Government Servants for Outside Employment-regarding.

The undersigned is directed to refer to the subject mentioned above and to say that various instructions/guidelines have been issued by the Government from time to time regarding forwarding of applications of Government Servants for posts outside their own Cadre. All such instructions issued till date have been consolidated under easily comprehensible headings for the facility of reference and placed as Annexure to this O.M. All Ministries/Departments are requested to bring the above guidelines to the notice of all concerned.
2. Hindi version wIll follow.

sd/-

(J.A.Vaidyanathan)

Director (Establishment)

Annexure to DOPT O. M.No.28020/1/2010-Estt(C) dated 23rd December, 2013.
FORWARDING OF APPLICATIONS

GENERAL GUIDELINES
These guidelines relate to forwarding of applications of Government servants as direct recruit for posts within the Central Government, State Governments, Autonomous / Statutory Bodies, CPSEs etc. It may be noted that in a case in which a particular employee cannot be spared without serious detriment to important work in hand, public interest would justify withholding of his application even if otherwise the application would have been forwarded. It may be added for information that where for good and sufficient reasons an application is withheld no infringement of any Constitutional right is involved.
[O.M. No. 170/51-Ests., dated the 21.10.1952)

2. INTERPRETING THE TERM ‘PUBLIC INTEREST

a. The Heads of Departments should interpret the term ‘public interest’ strictly and subject to that consideration, the forwarding of application should be the rule rather than an exception. Ordinarily, every employee (whether scientific and technical or non-scientific and non-technical personnel) should be permitted to apply for an outside post even though he may be holding a permanent post.

b. No distinction need be made between applications made for posts in a Department under the Central government, Autonomous Bodies or sub-ordinate offices, posts under the State Governments, posts in Public Sector Undertakings owned wholly or partly by the Central Government or a State Government and posts in quasi-Government organizations. They should all be treated alIke so far as the forwarding of applications is concerned. If, however, a Government servant desires to apply for a post in a private concern, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment.

c. For this purpose, “scientific and technical personnel”, may be interpreted to mean persons holding posts or belonging to services which have been declared to be scientific or technical posts or scientific or technical service.
(OM. No. 70/10/60-Estt, (A), dated 09.05.1960 and O.M. No. 8/7/69-Ests(C) dated the 01.11.1970

3. GENERAL PRINCIPLES FOR DEALING WITH SUCH APPLICATIONS
The general principles to be observed in dealing with such applications are as under:

a. Applications from purely temporary Government Servants - Applications from such Government servants should be readily forwarded unless there are compelling grounds of public interest for withholding them.

b. Applications from permanent Government servants - Both permanent non-scientific and non-technical employees as well as permanent scientific and technical employees could be given four opportunities in a year to apply for outside posts, except where withholding of any application is considered by the competent authority to be justified in the public interest. A permanent Government servant cannot justly complain of hardship or harsh treatment if his application for any other post or employment is withheld.

c. Applications of Government servants who have been given some technical training at Government expenses after commencement of service - Such Government servant cannot justifiably complain of hardship if he is not allowed to capitalize the special qualifications so gained by seeking other better employment. Withholding of application in such a case is therefore justifiable.

d. Applications of Government servants belonging to Scheduled Castes and Scheduled Tribes, other than ‘scientific and technical personnel — Applications for employment of temporary or permanent Central Government servants belonging to Scheduled Castes andScheduled Tribes should be readily forwarded except in very rare cases where there may be compelling grounds of public interest for withholding such application. The withholding of application should be the exception rather than the nile in the case of employees belonging to Scheduled Castes and Scheduled Tribes who should be afforded every facility to improve their prospects.

e. Application of Government servants for employment in private business and industrial firm. etc. - Where a Government servant (including a temporary Government servant) seeks permission, to apply for such employment, he should submit his resignation or notice of retirement, as the case may be, before applying for private employment. He cannot complain of hardship if his application is withheld. While a person remains in Government service, the State can legitimately refuse to surrender its claim on his services in favour of a private employer.
[O.M. NO. 170/51-ESTS., DATED 21.10.1952; OM NO. 70/10/60-ESTS(A) DATED 09.03.1960. OM No.1/6/64-SCT.I DATED 19.03.1964; O.M NO, 5/2/68-ESTT.(C) DATED 06.O5.1968. OM No.8/7/69-ESTS(C)DATED 01.II.1970; OM No. 8/15/71-ESTS(C) DATED 16.09.1971, OM No. 8/22/71-ESTS(C) DATED16.10.1971]

4. PROCEDURE TO BE FOLLOWED IN THE CASE OF THOSE WHO APPLY FOR POSTS IN THE SAME/ OTHER CENTRAL GOVERNMENT DEPARTMENTS/STATE GOVERNMENT/ AUTONOMOUS BODY / CENTRAL PUBLIC SECTOR ENTERPRISES ETC.

a) Applications from Government servants for employment elsewhere, submitted otherwise than in response to advertisement or circulars inviting applications, should not be forwarded.
(O.M. No. 5/3/65-Ests(C) dated the 21.12.1965]

b) The applications may be forwarded in accordance with the general principles given inpreceding paragraphs. irrespective of whether the post applied for in the other department/offices permanent or temporary.

c) As for temporary Government servants they should, as a matter of rule, be asked to resign from the parent department/office at the time of release from the parent department/office. An undertaking to the effect that he/she will resign from the parent department/office in the event of his/her selection and appointment to the post applied for may be taken from his/her at the time of forwarding the application. This procedure is to be followed even in case of a temporary Government servant applying as a direct recruit for a post in the same organisation.

d) In the case of permanent Government servants, their lien may be retained in the parent department/office for a period of two years incase of the new post being in the Central/state Government. They should either revert to the parent department/office within that period or resign from the parent department/office at the end of that period. An undertaking to abide by these conditions may be taken from them at the time of forwarding the applications to other departments/office. In exceptional cases where it would take some time for the other department/office to confirm such Government servants due to the delay in converting temporary posts into permanent ones, or due to some other administrative reasons, the permanent Government servants may be permitted to retain their lien in the parent department/office for one more year. While granting such permission, a fresh undertaking similar to the one indicated above may be taken from the permanent Government servants by the parent department.

e) Permanent Government servants on their being selected for appointment in an autonomous Body / CPSE will have to resign before they are penitent to join the new organization. In their case no lien shall be retained and they will be governed by the orders issued by Department of Pensions & Pensioners’ Welfare regulating mobility of personnel between Central Govt and Autonomous Bodies / CPSEs etc.

f) The Terms of the bond need not be enforced in the cases of those who apply for appointment elsewhere, other than private employment, through proper channel. However, the obligations under the bond would be carried forward to the new employment. An undertaking to this effect may be obtained from the Govt. servant before he is relieved.
(OM. No. 60/37/63.Ests(A) dated 14.07.1967; OM No. 8/4/70-Ests(C) dated 06.03.1974; O.M.
No. 28016/5/85-Estt(C) dated 31.01.1986]

5. POSTS ADVERTISED BY UNION PUBLIC SERVICE COMMISSION (UPSC/STAFF SELECTION COMMISSION(SSC)

a) Where Government servants apply directly to UPSC/SSC as in the case of direct recruit, they must immediately inform the head of their Office/Department giving details of the amination/post for which they have applied, requesting him to communicate his permission to the Commission directly. If. however, the Head of the Office/Department considers it necessary to withhold the requisite permission, he should inform the Commission accordingly within thirty days of the date of closing for receipt of applications. In case any situation mentioned in para 6 below is existing, the requisite permission should not be granted and UPSC/SSC should be immediately informed of this fact as also the nature of allegations against the Government servant. It should also be made clear that in the event of actual selection of Government servant, he would not be relieved for taking up the appointment, if the charge-sheet / prosecution sanction is issued or a charge-sheet is filed in a court for criminal prosecution, or if the Government servant is placed under suspension.

b) It may be noted that in case of direct recruitment by selection, i.e., “selection by interview”, it is the responsibility of the requisitioning Ministry/Department to bring to the notice of the Commission any point regarding unsuitability of the candidate (Government servant) from the vigilance angle and that the appropriate stage for doing so would be the consultation at the time of preliminary scrutiny, i.e., when the case is referred by the Commission to the Ministry/Departments for the comments of the Ministry’s representatives on the provisional selection of the candidate for interview by the Commission.
[OM. No. 14017/01/91-Estt.(RR) dated the 14th July, 1993 & O.M.No.20016/1/88-Estt.(C)
dated 18/07/1980)

c) When once the Administrative Authority has forwarded an application, it is mandatory that the Government employee concerned should be released to take up the new appointment. However, where subsequent to the forwarding of the application, but before selection if exceptional circumstances arise in which it may not be possible to release the official, the fact should be communicated to the Commission as well as to the official concerned. The decision not to release an official should be taken only where the circumstances referred to above arereally exceptional.
[OM. No. 60/43/64-Ests(A) dated the 24.08.1965)

6. CIRCUMSTANCES IN WHICH APPLICATION SHOULD NOT BE FORWARDED
Application of a Government servant for appointment, whether by direct recruitment, transfer on deputation or transfer, to any other post should not be considered/ forwarded., if-

(a) (i) he is under suspension; or
(ii) disciplinary proceedings are pending against him and a charge sheet has been issued; or
(iii) sanction for prosecution, where necessary has been accorded by the competent authority; or
(iv) where a prosecution sanction is not necessary, a charge-sheet has been filed in a Court of law against him for criminal prosecution.
(v) where he is undergoing a penalty — no application should be forwarded during the currency of such penalty.

(b) When the conduct of a Government servant is under investigation (by the CBI or by the Controlling Department) but the investigation has not reached the stage of issue of charge-sheet or prosecution sanction or filing of charge-sheet for criminal prosecution in a court, the application of such a Government servant may be forwarded together with brief comments on the nature of allegations and it should also be made clear that in the event of actual selection of the Government servant, he would not be released for taking up the appointment, if by that time any of the situations in (a) above arises.
[O.M. No. 14017/101/91-Estt.(RR) dated the 14th July 1993]

7. FORWARDING OF APPLICATIONS FOR POSTS ADVERTISED BY CENTRAL / PUBLIC SECTOR UNDERTAKINGS/ CENTRAL AUTONOMOUS BODIES

Applications of Central Government Servants in response to press advertisement for posts in Central Public Enterprises / Autonomous Bodies may be forwarded with a clear understanding with the employee that in the event of their selection for the post applied for they will sever their connections with the Government before joining the Public Sector Undertakings/Autonomous Bodies. No lien shall be retained in ch cases. The relieving order should indicate the period within which the official should join the Public Sector Undertaking / Autonomous Body. Normally this period should not be more than 15 days. This period may be extended by the competent authority for reasons beyond the control of the official. Necessary notification/orders accepting the resignation of the Govt. servant from Govt. service should be issued from the actual date of his/her joining the Public Sector Undertaking/Autonomous Body. The period between the date of relieving and the date of joining Public Sector Undertaking!/ Autonomous Body can be regulated as leave of the kind due and admissible and if no leave is due, by grant of extra ordinary leave. In case he/she is not able to join the Public Sector Undertaking/Autonomous Body within the period allowed by the competent authority, he/she should report back to the paient office forthwith.
[Department of Pension & Pensioner’s Welfare OM No. 4/15/88-P&PW(D) dated 13.11.1991]

Source: www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/28011_1_2013-Estt-C.pdf]

Filed Under: dopt, EMPLOYMENT

OROP Clarification by PCDA - Circular 520 - Minimum Guaranteed pension to pre-2006 Commissioned Officers pensioners/family pensioners

7:08 AM - by ADMIN No comments:

OFFICE OF THE PR. CONTROLLER OF DEFENCE ACCOUNTS (PENSION)

DRAUPADI GHAT, ALLAHABAD- 211014

Circular No. 520

Dated: 24.12.2013

Subject: Implementation of the Govt. decision on the recommendations of Committee on the issue related to Defence Service personnel and Ex-Servicemen -For pre-2006 commissioned Officers.

Reference:-This office circular No. 500 dated 17th January 2013, Circular No. 503 dated 17th January 2013 and Circular No. 508 dated 19th February 2013.

PDAs are aware that as per this office circulars cited under reference, Family pension in respect of Commissioned Officers will be revised by PDAs as per tables attached with above cited circulars. It has been observed that various PDAs feel difficulties while revising pension w.e.f. 24.09.2012.

Clarifications on some of major problems are given as under-

1. As per Govt. Orders issued in implementation of CSC-2012 the revised rate of various type of family pension have been linked with qualifying service in case of JCO and ORs. No such linkage of family pension with qualifying service has been provided in cases of Commissioned Officers. As such revised rates of ordinary family pension as provided in Circular No. 500 and revised rates of other family pension viz. Special Family Pension/Dependent Pension/ Liberalised Family Pension and Liberalised Dependent Family Pension provided for AMC/ADC/RVC officers as well as officers other than these categories under this office Circulars No. 503 dated 17.01.2013 as further amended vide circulars No. 508 dated 19.02.2013 may please be paid forthwith.

However, these rates have not been provided for TA officers, EC/SSC officers etc. It is hereby clarified that family pension of these category of officers may be revised as under—

(i) TA Officers: - The Next of Kin of TA officers are entitled to Special Family Pension/ Dependent Pension/Liberalised Family Pension and Liberalised Dependent Family Pension as per rates provided for officers other than AMC/ADC/RVC categories. The reason for providing separate table for retiring pension for TA officers is that TA officers are not entitled to rank weightage in qualifying service as provided to other officers retired prior to 1.1.2006. Since Special Family Pension/Dependent Pension/ Liberalised Family Pension and Liberalised Dependent Pension does not depend upon qualifying service, therefore there will be no effect on these pension.

(ii) EC/SSC officers are at par with regular commissioned officers in the matter of grant of Special Family Pension/ Dependent Pension /Liberalised Family Pension and Liberalised Dependent Pension. As such the table applicable to regular commissioned officers would also be applicable to EC/SSC officers.

(iii) The officers who served in the Indian Air Force and Indian Navy as medical officers and were in receipt of NPA would also be entitled to pension as per rates as provided for AMC/ADC/RVC officers.

2. Further, The minimum service pension/family pension for pre-2006 retired commissioned officers have been provided in Annexure A to G attached with this office circular No. 500 dated 17th Jan 2013. Few PDAs are feeling difficulties while revising pension according to Corps. The corps of the officers in case of Army officers may be identified from corps mentioned in original PPO. Further the officer's category may also be identified from prefix attached to their personnel No. The prefix and corresponding category of officers is mentioned here under-

MR - Officers of Army Medical Corps.
DR - Officers of Army Dental Corps
V - Officers of Remount veterinary Corps.
TA - Officers of Territorial Army.
NT R- NON TECH. Officers of Army Medical Corps.
EC - Emergency Service Commissioned Officers.
SS - Short Service Commissioned Officers.
IC, SL, SC, RC- General Category of officers.

NOTE: - . The non technical officers of Army Medical Corps are entitled to pension/Family pension as officers other than AMC/ADC/RVC categories.

However, in doubtful cases of Army Officers, matter may be referred to the G-1/Military section of this office for clarification on category of officer and his entitlement of pension. However, in case of Air Force and Navy Officers, respective pension sanctioning authority may be contacted for identification of category of pensioners.

3. It is also intimated that rate of LFP for children in cases where the Armed Forces Personnel is not survived by widow but is survived by child /children only , is not provided in circular No. 503 dated 17/01/2013. It is hereby clarified that the rate of LFP in such cases will be revised at the rate equal to 60% of rate of LFP which is authorized to widow in terms of circular No. 503 dated 17/01/2013.

4. It is also reiterated that the pension may be revised as per existing provisions of this office circular No. 500 & 508 in the light of clarification as prescribed above.

Please acknowledge receipt.

No. Gts/Tech/0167-XVI
Dated: -24.12/2013
(A.K. Nigam)
ACDA (P)
Source:http://pcdapension.nic.in/6cpc/Circular-520.pdf

Filed Under: one rank one pension, OROP, PCDA, PENSION

DEARNESS ALLOWANCE JANUARY 2014-AICPIN FOR NOVEMBER 2013

7:04 AM - by ADMIN No comments:

Consumer Price Index Numbers for Industrial Workers (CPI-IW) November 2013

According to a press release issued by the Labour Bureau, Ministry of Labour & Employment the All-India CPI-IW for November, 2013 rose by 2 points and pegged at 243(two hundred and forty three). On 1-month percentage change, it increased by 0.83 per cent between October and Novembert compared with 0.46 per cent between the same two months a year ago.

The largest upward pressure to the change in current index came from Food group contributing 2.23 percentage points to the total change. At item level, Rice, Wheat, Wheat Atta Milk, Pure Ghee, Garlic, Potato, Tomato and other vegetable items, Tea Readymade etc. are responsible for the rise in index. However, this was compensated to some extent by Groundnut Oil, Fish Fresh, Poultry, Onion, Ginger, Electric Charges, Medicine (Allopathic), Petrol, putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 11.47 per cent for November, 2013, as compared to 11.06 per cent for the previous month and 9.55 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 16.17 per cent against 15.02 per cent of the previous month and 10.85 per cent during the corresponding month of the previous year.

At centre level, Bokaro recorded the highest increase of 11 points each followed by Giridih, Kodarma and Angul-Talcher (9 points each), Munger-Jamalpur (8 points) and Rourkela, Sholapurand Raniganj (7 points each). Among others, 6 points rise was registered in 5 centres, 5 points in 5 centres, 4 points in 8 centres, 3 points in 15 centres, 2 points in 14 centres and 1 point in 12 centres. On the contrary, Surat centre reported a decline of 6 points followed by Amritsar, Bhavnagar and Vadodara (4 points each), Coonoor and Nagpur (2 points each) and Ahmedabad centre I point. Rest of the 4 centres’ indices remained stationary.

The indices of 40 centres are above All-India Index and other 38 centres’ indices are below national average. The index of Tiruchirapally centre remained at par with all-India index.

The next index of CPI-IW for the month of December, 2013 will be released on Thursday, 31 January, 2014. The same will also be available on the office website www.labourbureau.gov.in.

Source:pib

Filed Under: CENTRAL DA, DEARNESS ALLOWANCE

Thursday, December 26, 2013

Payment of statutory dues, salary and wages in sick/loss making CPSEs

9:01 AM - by ADMIN No comments:

The Cabinet Committee on Economic Affairs (CCEA) today approved the proposal for providing non-plan budgetary support of Rs. 116.86 crore for liquidation of statutory dues (Provident Fund, Gratuity, Pension, Employees State Insurance and Bonus) and salary and wages from 01-04-2013 to 31-08-2013 in respect of eleven Central Public Sector Enterprises (CPSEs) under the Department of Heavy Industry, namely Hindustan Cables Ltd., HMT Machine Tools Ltd., HMT (Watches) Ltd., HMT (Chinar Watches) Ltd., Nagaland Pulp & Paper Co. Ltd., Triveni Structurals Ltd., Tungbhadra Steel Products Ltd., Nepa Ltd., HMT Bearings Ltd. Hindustan Photo Films Limited and Tyre Corporation of India Ltd.

Revival/closure plans of Hindustan Cables Limited, Triveni Structurals Ltd., HMT (Watches) Ltd., HMT (Chinar Watches) Ltd., Hindustan Photo Films Ltd. and HMT Machine Tools Ltd. are yet to be finalized; revival plans of Nepa Ltd. and Nagaland Pulp & Paper Co. Ltd. have recently been approved; revival plans of HMT Bearings Ltd. and Tungbhadra Steel Products Ltd. are yet to materialize; and disinvestment of Tyre Corporation of India Ltd. is under process. It was, therefore, considered essential that the interim financial support from the Government be provided so that the operation of these companies may not be affected. Non-settlement of these liabilities has been causing serious hardship not only to the employees of the companies but also adversely affecting the day-to-day operation of the companies resulting in further deterioration of their performance.

Payment of outstanding dues of salary and wages would mitigate the hardships of the employees thereby motivating them for better output and prepare them to achieve the goal of revival/re-structuring of the companies. In addition, clearance of outstanding statutory dues (Provident Fund, Gratuity, Pension, Employees State Insurance) would result in fulfilment of statutory obligations.

Source:pib

Filed Under: CPSE, Disbursement of salary/wages/pension

Central government employees will soon communicate through email ID - Minister of State for Communications Milind Deora

9:00 AM - by ADMIN No comments:

All Central government employees will soon be expected to communicate through the National Informatics Centre (NIC) email ID, a union minister said on Monday adding that the government was chalking out a plan in this regard.
Minister of State for Communications Milind Deora told reporters here that his department is working on a new email policy which will address this issue, among others.
“Once this is ready, then all government officials will have to communicate only through NIC email id,” he said.
“After this, the issue of cyber security can be addressed on a single platform as NIC is taking care of e-governance programmes of the Centre,” said Deora.

Source;NFPE

Filed Under: central government employees

Friday, December 20, 2013

Special Class Railway Apprentices’ Examination, 2014

8:47 AM - by ADMIN No comments:

The Union Public Service Commission will be conducting the Special Class Railway Apprentices’ Examination, 2014 on January 12, 2014 at various centres all over India as per notification. E-Admit Cards are available on the Commission’s website http://www.upsc.gov.in. Candidates are advised to download and check their e-admit cards carefully and bring discrepancy, if any, to the notice of the Commission immediately. Rejection letters citing the ground(s) for rejection have been issued through e-mails and also put on the Union Public Service Commission’s website http://www.upsc.gov.in. In case any difficulty is faced by the candidates in downloading e-admit cards, they may contact the UPSC Facilitation Counter on Telephone Nos. 011-23385271, 011-23381125 and 011-23098543 on any working day between 10.00 AM and 5.00 PM. The candidates can also send Fax message on Fax No. 011-23387310. No Admit Card will be sent by post.

In case the photograph is not printed clear on the e-admit cards, candidates are advised to carry three (3) photographs (one identical photograph for each session) along with proof of identity such as Identity Card or Voter Identity Card or Passport or Driving License and printout of e-admit card at the venue of the Examination.

Source:pib

Filed Under: APPRENTICE, RAILWAYS

Thursday, December 19, 2013

MACP-An Unsettled Issue Of Sixth Pay Commission Recommendation.

8:47 AM - by ADMIN No comments:

MACP is said to be the abbreviation of Modified Assured Career Progression Scheme, but many central government employees feel that it is Meaningless Assured Career Progression Scheme. The main objective of introducing ACP scheme was to grant financial benefits for the govt servants, those who are not getting promotions due to lack of promotional avenues. Before the introduction of ACP scheme in 1999, many central government employees retired from service without getting even single promotion in some departments. The worst part of this story is, apart from not getting promotion, they were not even been granted annual increment for many years until their retirement, as they reached the maximum of their Pay Scale. Working without any promotion and increment until the retirement is pathetic. It was the prevailing situation till the date of introducing ACP scheme.

Financial up gradation under ACP Scheme

Upon introduction of ACP scheme, central government employees were granted two financial up gradation on the completion of 12 years and 24 years of regular service respectively in the same post. According to the ACP Scheme, the central government employees were to be granted next higher pay scale of their Promotional Hierarchy as financial up gradation under ACP Scheme. So the pay equalant to the promotional post had been ensured under ACP scheme for the government servants after completion of 12 and 24 years of regular service if they were not granted regular promotion. Many central government employees were benefited by this scheme where there were no promotional avenues available for them.

Modified Assured Career Progression Scheme (MACPS)

The Sixth CPC recommendation on ACP scheme and government’s decision gave all the central government employees surprise and shock both. The Sixth Central Pay Commission in Para 6.1.15of its report, has recommended Modified Assured Career Progression Scheme (MACPS). As per the recommendations, financial up gradation would be available in the next higher grade pay whenever an employee has completed 12 years continuous service in the same grade. However, not more than two financial upgradations shall be given in the entire career, as was provided in the previous ACP Scheme. The Scheme will also be available to all posts belonging to Group “A” whether isolated or not. However, organised Group “A” services will not be covered under the Scheme

The Government has considered the recommendations of the Sixth Central Pay Commission for introduction of a MACPS and has accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service. The surprise was that, government’s consideration for modifying the ACP scheme to grant three financial up gradation for central government employees on completion of 10,20 and 30 years of regular service. But its decision to grant immediate next higher Grade Pay in the hierarchy of Grade Pay instead of Promotional Hierarchy is the shock for everyone.

The MACP Scheme envisages merely placement in the immediate next higher Grade Pay in the hierarchy of the recommended revised Pay Bands and Grade Pay. For example, if a govt servant appointed as LDC in the grade pay of Rs.1900/-, he will be granted Rs.2000/- Grade Pay as first MACP after completing 10 years of regular service though this Grade Pay is not in the promotional hierarchy of the individual concerned. Whereas the first financial up gradation to be granted under ACP Scheme will be Rs. 2400/- Grade Pay on completion of 12 years of regular service as ACP was granted on the basis of promotional hierarchy. As a result of this the Modified ACP Scheme has not served the purpose that it was supposed to. So the Modified Assured Career progression Scheme needs to be modified again. The financial up gradation has to be granted on the basis of Promotional Hierarchy of posts instead of hierarchy of Grade Pay.

The decision of Joint Committee of MACP Scheme

The Staff Side of National Anomaly committee also reiterated their demand in the last meeting of the Joint Committee of MACP Scheme held on 15.03.2011 under the Chairpersonship of the Joint Secretary (Estt), DOPT that the financial up-gradations under the MACP Scheme should be granted in the promotional hierarchy of posts instead of the Grade Pay hierarchy. The Staff Side stated that the erstwhile ACP Scheme was implemented on the recommendations of the 5th CPC and, as such, has become a part of the service conditions of the employees. The Staff Side, therefore, contended that the Government cannot impose the MACP Scheme thereby altering the service conditions to the detriment of the employees.

In this regard the Judgment of Hon’ble Central Administrative Tribunal, Chandigarh has been upheld by the Honble High Court of Punjab and Haryana at Chandigarh. In a separate case filed in CAT, Principle Bench, New Delhi, to grant next promotional Grade Pay under MACP Scheme, the Honble CAT gave its Judgment in favour of applicants based on the judgments of above cases. The appeal against the judgment of Honble High Court of Punjab and Haryana has been dismissed by the Hon’ble Supreme Court.

Almost all the Federations have demanded the Central Government to issue necessary instructions for granting financial up gradation under MACP scheme on Promotional hierarchy as per the Court Order. So it is high time for the government to come forward to issue the necessary order to grant financial up gradation under MACP scheme in Promotional hierarchy to make this scheme serve its purpose and avoid confusion.

Source:http://www.gservants.com/2013/12/16/macp-unsettled-issue-sixth-pay-commission-recommendation/

Filed Under: MACP, Modified Assured Career Progression Scheme (MACPS):

Cabinet proposal soon to constitute 7th Pay Commission

8:46 AM - by ADMIN No comments:

The central government is likely to constitute the 7th Pay Commission for revising the salaries of its over 50 lakh employees before the start of process of next general elections due in May, 2014.

“The Finance Ministry is working out a Cabinet proposal for constitution of the 7th Pay Commission which could be taken up for consideration in the next couple of weeks,” a source said.

According to information available, the government’s intention to constitute 7th Pay Commission before going for polls is clear as it has made provision of Rs. 3.5 crore in the second supplementary demands for grants in this regard which was approved by Parliament in the just concluded Winter Session.

Earlier in September this year, Finance Minister P. Chidambaram had announced that Prime Minister Manmohan Singh has approved setting up of the 7th Pay Commission.

According to the announcement, the Commission will be mandated to submit its report in two years time and its recommendations would be implemented from January 1, 2016.

However, after that announcement, no formal proposal was put up before the Union Cabinet for constitution of the Commission.

As per the practice, the Commission is headed by a former Supreme Court Judge and its other members would include experts and officials.

Meanwhile, the government is also believed to have approved fixing minimum pension of Rs 1,000 per month under the Employees’ Pension Scheme 1995 (EPS-95) run by retirement fund body Employees’ Provident Fund Organisation (EPFO).

The government is also understood to have cleared maximum basic wage ceiling of Rs. 15,000 per month for deduction of Provident Fund from existing Rs. 6,500 per month for private sector workers, in general, covered under schemes run by EPFO.

Source:http://www.thehindu.com/news/national/cabinet-proposal-soon-to-constitute-7th-pay-commission/article5478323.ece

Filed Under: 7th CPC, 7th PAY COMMISSION

Tuesday, December 17, 2013

Dialysis Facilities in Government Hospitals

6:11 AM - by ADMIN No comments:

Although, health is a State subject and is primarily the responsibility of State Governments to provide health care including dialysis facilities for the patients, the Central Government through the hospitals under it, supplements the efforts of the State Government.

Dialysis facility is available at the Central Government hospitals like All India Institute of Medical Sciences (AIIMS), Delhi, Dr. Ram Manohar Lohia Hospital, Delhi, Safdarjung Hospital, Delhi, Jawaharlal Institute of Post Graduate Medical Education and Research (JIPMER), Puducherry and Post Graduate Institute of Medical Education and Research (PGIMER), Chandigarh. Under Pradhan Mantri Swasthya Surakha Yojana (PMSSY), six new AIIMS have been set up and upgradation of identified medical colleges has been undertaken which will also improve health care facilities.

The National Programme for prevention and control of Cancer, Diabetes, Cardio-vascular Diseases and Stroke (NPCDCS) will help in reducing chronic renal diseases and incidence of renal failure.

This was stated by Sh Ghulam Nabi Azad, Union Minister for Health and Family Welfare in a written reply to the Rajya Sabha today.

Source:pib

Filed Under: CGHS, HOSPITALS

No Paucity of Funds for CGHS Unani

6:08 AM - by ADMIN No comments:

CGHS Unani is provided adequate budget for procurement of medicines. The budget allocation for Unani System of medicines is based on the trend of expenditure of previous years and the anticipated demand in the next year. There is no paucity of funds for Unani medicines under CGHS.

This was stated by Sh Ghulam Nabi Azad, Union Minister for Health and Family Welfare in a written reply to the Rajya Sabha today.

Source:pib

Filed Under: CGHS

Monday, December 16, 2013

Nomination details for subscribers-NPS

6:26 AM - by ADMIN No comments:

KENDRIYA VIDYALAYA SANGATHAN

18th INSTITUTIONAL AREA, SHAHEED SINGH MARG, NEW DELHI -110016

F.No.110126125/01/2013/KVS/NRDCPS/nomination/PF

Dated: 11.12.2013

The Deputy Commissioner/Director,
Kendrlya Vidyalaya Sangathan,
All Regional Offices/ZIETs.

Sub: - Nomination details for subscribers.

Sir/Madam,
I am enclosing herewith circular No F No AS/PM/JJ/MS/ 201353372 dated 14.10.2013 received from Central Record keeping Agency, National Pension System (NSDL), Mumbai in connection with the nomination details for subscribers for your Information and further necessary action. This may also be circulated to all the Vidyalayas under your Region and displayed in Regional website also.

Yours faithfully,

sd/-

(B.C.D.Kumar)

Assistant Commission (Fin)

CENTRAL RECORD KEEPING AGENCY

NATIONAL PENSION SYSTEM

NSDL

AS/PM/JJ/MS/201353372

Date: October 14, 2013

Deputy Commissioner
Pr.AO, Kendriya Vidyalaya Sangathan,
New Shahid Jeet Singh Marg
New Delhi - 110602

Reg. No.: 3001876

Dear Sir/Madam,
Subject: Nomination details for subscribers.

As you are aware, providing of nominee details by subscribers in the subscriber registration form (or through Annexure S2 form) is of utmost importance as it reduces the inconvenience/operational difficulties in processing of withdrawal requests upon death of the subscriber. There are certain subscribers underlying your office who have not yet provided nomination details (for these subscribers, nomination is not registered in CRA system).

You are requested to advise these subscribers to provide the nomination details so that these details can be captured in the CRA system by your underlying office. The subscribers can provide the nomination details in the S2 form or the form RN-402 as provided by PFRDA for registration of nomination (copy enclosed). Once the nomination details are provided by the subscribers, these details can be updated in the CRA system by your underlying offices.

Some of the subscribers may also be Non-IRA compliant. For these subscribers, you are requested to ensure that subscriber registration forms (S1 forms) submitted by these subscribers contain valid nomination details as well.

An email in this regard has already been sent to your office and the underlying PAOs.

Thanks & Regards
Central Recordkeeping Agency (National Pension System)

.Click here to view the request for registering nomination form

Source: www.kvsangathan.nic.in
[http://kvsangathan.nic.in/CircularsDocs/CIR-NPS-12-12-13.PDF]

Filed Under: KV, KVS, NPS

Thursday, December 12, 2013

Implementation of suo motu disclosure under Section 4 of RTI Act, 2005: Action Taken Report sought by DoPT

7:21 AM - by ADMIN No comments:

No 11/18/2013-IR

Government of India

Ministry of Personnel, PG & Pensions

Department of Personnel Training

North Block, New Delhi-110001

Dated 10th December, 2013

OFFICE MEMORANDUM

Sub: Implementation of suo motu disclosure under Section 4 of RTI Act, 2005 — Compliance of Section 4 of the RTI Act, 2005.

Attention is invited to this Department's O.M. of even no. dated 15.4.2013 on the subject mentioned above.

2. In that O.M., it was mentioned that each Ministry/Public Authority shall ensure that the guidelines for suo motu disclosure under RTI are fully operationalised within a period of 6 months from the date of their issuance i.e. 15.04.2013. It was also requested that the Action Taken Report on the compliance of guidelines should be sent, alongwith the URL link, to the DoPT and the Central Information Commission soon after the expiry of the initial period of the 6 months. It has been noticed that most of the Ministries/Departments/Public Authorities have not sent the compliance report/Action Taken Report to this Department and Central Information Commission.

3. It is once again requested that the guidelines mentioned in O.M. dated 15.4.2013 be complied with at the earliest and compliance report sent to this Department and Central Information Commission, immediately.

sd/-

(Sandeep Jain)

Director (IR)

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02rti/1_6_2011-IR-10122013.pdf

Filed Under: dopt, DOPT CIRCULAR 2013, RTI

All India Bank Strike on 18th December, 2013

7:18 AM - by ADMIN No comments:

PROGRAMMES :
5-12-2013 Letters by all Constituent Unions of UFBU and their affiliates addressed to Chairman,
Indian Banks Association
6-12-2013 Mass Demonstrations in all State capitals and other major centres
16-12-2013 Badge Wearing
17-12-2013 Mass Demonstrations, rallies, processions at all centres
18-12-2013 ALL INDIA STRIKE – demonstrations, rallies

STATEMENT OF THE CASE :

1. IMMEDIATE WAGE REVISION:
Wages and service conditions in the banking sector are governed by the industry-level bipartite settlements signed between the Indian Banks Association and the trade unions of bank employees and officers. Public Sector Banks, Private Sector Banks and Foreign Banks who give their mandate to the Indian Banks Association are party to the Settlements and hence are covered by the same.

The last Bipartite Settlement on revision of wages and service conditions, otherwise known as 9th Bipartite Settlement, was signed on 27-4-2010 covering the period from 1-11-2007 to 31-10-2012. Hence the 9th Bipartite Settlement came to an end on 31-10-2012. Consequently, revision of wages and other service conditions have become due as from 1-11-2012.

In view of this, as per the decision of the United Forum of Banks Unions, common set of demands for the employees and officers was submitted to the Indian Banks Association on 30-10-2012.

UFBU has been requested the IBA to adopt a time-bound programme to hold the negotiations on the demands and to expedite the Settlement as early as possible to avoid the accusations that the Unions are always delaying the Settlement.

Even though the formal negotiations started in February, 2013, only 5 rounds of discussions have taken so far viz. on 22-2-2013, 22-4-2013, 7-6-2013, 12-8-2013 and 12-10-2013 i.e. one round of discussion once in two months.

It will be appreciated that the alarming and unabated price rise have seriously eroded the income of the employees and hence the wage revision has become all the more important. The Consumer Price Index has gone up by almost 2400 points under ( 1960=100 ) Index series since November, 2007. Hence wage revision to catch up with the high inflation and price rise has become an urgent necessity.

Similarly, the workload in the bank branches has gone up substantially due to increase in total volume of business and also due to non-provision of adequate staff and officers in the branches. Employees and officers are working under a lot of stress and strain. The job profile of the staff has also undergone a change and all these require to be properly remunerated with adequate increase in wages. For this reason also the wage increase has become important.

But unfortunately, the IBA is delaying the Settlement and during the last one year, not even their minimum offer has been indicated to the Unions.

HENCE, THIS DEMAND FOR IMMEDIATE WAGE REVISION FOR BANK EMPLOYEES AND OFFICERS.

2. STOP BANKING SECTOR REFORMS :

Banks in India today have nearly Rs.75 Lacs crores as Deposits representing the hard earned savings of the people of our country. Hence banking institutions have to be properly regulated. It is because of these defined regulations and predominantly being under public sector, that our Banking system was saved from the global crisis. Because of de-regulation and liberal banking policies, many Banks in many countries including in USA and Europe have collapsed. Indian banks were saved because of our strong regulations and being in public sector.

But in the name of Banking Sector Reforms, the Government is taking various steps and measures to liberalise and de-regulate the banking sector. Recently, the RBI has announced in its discussion paper that the Government’s Equity capital in the Banks can be reduced to less than 51% which means nothing but privatisation of our public sector banks.

The Discussion Paper also proposes that the Banks may resort to merger of Banks to become international Banks. Our Banks are meant for our own economic development and hence this is clearly unwarranted. Further merger has its own adverse implications to the detriment of the employees and officers working in the Banks.

RBI has also issued recent guidelines by which it is proposed to give the Foreign Banks, near national status and even a scope to take over our domestic Banks. Already, the foreign capital and investments in our Banks have been increasing and now the move is to allow the foreign banks to take over our Banks.

The Government has also introduced a Bill in the Parliament seeking to allow 49% private capital in our Regional Rural Banks which are today 100% under public sector.

In the Co-operative Banks, recently, the RBI/Bakshi Committee have decided that 2,20,000 employees presently working in the Primary Agricultural Co-op. Societies would be dismantled and made as private Business Correspondents on contract basis thus serious eroding the jobs and job security.

In the name of Reforms, the Banks are also outsourcing the regular jobs in the Banks on contract basis thus increasing the risks involved. The problems faced in the ATMs on account of outsourcing are there for everyone to see.

While the Government is serious on these retrograde reform measures, the real bane in the banking industry is being ignored. Bad loans in the Banks are alarmingly on the increase. It has crossed Rs. 2 lacs crores and the number of deliberate and wilful defaulters is also on the increase. Substantial amount of profits earned are being diverted to provide for these bad loans thus sharply reducing the profits of the Banks and at the cost of loss to the Government and the Banks.

A developing country like India needs a very strong, vibrant and well-regulated banking system and attempts to de-regulate them in the name of reforms is wrong with serious consequences.

HENCE, OUR DEMAND TO STOP THE ABOVE MENTIONED BANKING REFORMS.

sd/-

(M.V.MURALI)

CONVENOR

Source: www.iba.org.in
[http://www.iba.org.in/Documents/strike_notice_dt_2_12_2013.pdf]

Filed Under: BANKS, STRIKE

Granting of Grade Pay of Rs.4200/- to Stenographers Grade ‘D’ of CSSS in Non Functional Selection Grade (NFSG)- clarification regarding.

7:17 AM - by ADMIN No comments:

No.6/6/2011-CS-II(C)(Part-II)

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

3rd Floor, Lok Nayak Bhawan,

Khan Market, New Delhi-110003

Dated 11th December, 2013

OFFICE MEMORANDUM

Subject : Grant of Grade Pay of Rs.4200/- to Stenographers Grade ‘D’ of CSSS in Non Functional Selection Grade (NFSG)- clarification regarding.

The undersigned is directed to refer to this Departments O.Ms. of even numbers dated 22.09.2011 and 27.05.2013 on the subject mentioned above and to say that the references have been received in this Department from various Ministries /Departments seeking advice as to whether the Non Functional Selection Grade (NFSG) of Rs.4200/- can be granted to those Steno Grade 'D’ whose ACRs/APARs for the last 5 years are not available though they have completed 5 years of approved service in the Grade. It has also come to the notice of this Department that some Ministries / Departments have already granted NFSG of Rs.4200/- to their Steno Grade ‘D’ whose ACRs / APARs for the last 5 years were not available.

2. The O.M. creating a new grade of UDC (NFSG) of CSCS and Stenographer Grade ‘D’(NFSG) of CSSS bad been issued vide this Department’s O.M. No.20/49/2009-CS-II(B) dated 22.06.2011 in consultation with the Department of Expenditure. It has been laid down in para 1(b) of ibid O.M. dated 22.06.2011 that an Internal Committee will be constituted by the concerned Cadre Unit who shall consider the last 5 years’ ACRs/APARs of the officials concerned and, as per their recommendations, suitable officials will be placed in the NFSG. In the case of SC/ST officials, they may be granted the NFSG even if they do not fulfill the criteria as laid down in para 1(b) (iii), provided they are not found unfit by the Committee.

3. In view of the above, all Ministries / Departments are advised to strictly follow the procedure laid down in this Department’s O.M. dated 22.06.2011 and grant the NFSG on the bass of the overall performance of the officials during the last 5 years’ ACRs/APARs of the officials concerned irrespective of the category i.e. UR or SC/ST. They are further advised to take appropriate action, If any official has been allowed NFSG of Rs.4200/- without considering his / her performance on the basis of ACRs/APARs for the last 5years.

sd/-

(Kameshwar Mishra)

Under Secretary to the Govt. of India

Source : www.persmin.gov.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02csd/NAFG_4200.pdf]

Filed Under: GRADEPAY, STENOGRAPERS

Wednesday, December 11, 2013

Vacancies in Central Government Services

8:41 AM - by ADMIN No comments:

Group-wise estimated number of vacant posts of regular Central Government Civilian Employees as on 01.03.2012 is as follows:-

Group	Number of Vacant posts
A	12909
B(Gazetted)	10116
B (Non-Gazetted)	30977
C (Non Gazetted)*	546011
Total	600013

Erstwhile Group D posts have been categorized as Group C after implementation of 6th CPC.

No such decision has been taken by the Government to reduce certain percentage of posts annually. As per the Office Memorandum issued by the Ministry of Finance (Department of Expenditure) on 18.09.2013 on ‘Expenditure Management – Economy measures and rationalization of Expenditure’, posts that have remained vacant for more than a year are not to be revived except under very rare and unavoidable circumstances and after seeking clearance of Department of Expenditure. Individual Ministries/Departments have to take necessary action to fill up vacant posts in their Departments.

This was stated by Shri V. Narayanasamy, MOS (PP) in written reply to a question by Shri A. Sampath , Shri Ashok Kumar Rawat, Shri Vilas Muttemwar, Dr.Ram Chandra Dome and Shri M.B.Rajesh in Lok Sabha today.

Source:pib

Filed Under: central government employees, VACANCIES

Qualifying Service for Promotions

8:35 AM - by ADMIN No comments:

The qualifying service of UDCs of CSCS has been enhanced to ten years for promotion to the Assistants’ Grade vide CSS (Preparation of Select Lists for the Section Officers’ and Assistants Grades) Regulations, 2013, notified on 12th July, 2013. These Regulations have been given retrospective effect from 1st July, 2009. The DoP&T’s OM dated 25.3.1996 which provides for relaxation in eligibility service to seniors when their juniors are considered for promotion has no bearing on enhancement of qualifying service.

This was stated by Shri V. Narayanasamy, MOS (PP) in written reply to a question by Shri Raju Shetti in Lok Sabha today.

Source:pib

Filed Under: pib, PROMOTION

New house rent allowance exemption rule: How it will affect you

8:34 AM - by ADMIN No comments:

New house rent allowance exemption rule: How it will affect youThe Central Board of Direct Taxes has now made it mandatory for employees to submit PAN of the landlord to the employer if the annual rent exceeds Rs. 1,00,000 per annum and such an employee is claiming House rent exemption (HRA) under section 10 (13A) of Income Tax Act.

Though CBDT circular, with an aim to tighten its noose around tax evaders, has come up with the new rule, many employees are finding it difficult to arrange for the new formalities while claiming their HRA exemption. In conversation with Reema Sharma of ZeeBiz.com Tarun Gupta, Managing Director, Mangla Consulting explains the details of how to go about claiming the HRA exemption.

HRA exemption of over Rs 8,333 a month will need the landlord`s PAN card details as per the new circular issued by Central Board of Direct Taxes (CBDT). What does the new circular mean?

As per new circular of CBDT vide its Circlular No. 08/2013 F.No. 275/192/2013-IT(B) dated 10.10.2013 if you are a salaried and claiming HRA (House Rent Allowance exemption and the rent paid by you is more than Rs.1 Lakh per year then it is compulsory to provide PAN (Permanent Account Number) of your Landlord. Earlier the limit was capped Rs.15,000 per month as against the current limit of Rs.8,333 per month.

Can the new CBDT circular really tighten its grip around tax evaders?

This move has been taken by CBDT to consider those who are living in their own houses and claiming benefits of HRA. It’ll also bring those landlords under income tax net who have multiple tenants but don’t declare his/her income correctly.

The new law will be troublesome for the people whose landlords are reluctant to provide pan card details. How can these people find an alternative?

In case a landlord doesn’t have a PAN, then a declaration needs to be filed by the employee by declaring the name, address & details of landlord. It should be duly signed by landlord. In case a landlord’s rental income is assessed in Income Tax then he’ll not refuse to provide PAN. But in case he wants to evade tax by not giving PAN that cannot be allowed as per Income Tax Act. One has following options:a) Provide PANb) Provide Declarationc) Pay Rent but do not claim exemptiond) Find out a new landlord who provides PAN

There might be cases where employees pay their rent in cash and landlord refuses to provide any rent receipts. In order to avail tax benefits, employees prepare rent receipts themselves and do forge signatures. Also there might be cases where employees actually do not pay any rent but still prepares rent receipts. These all are covered under forgery cases and offences under giving false evidence and fabricating false evidence of IPC (Section 191 & 192). As per judgement by Delhi High Court in such case, an employer can also dismiss the employee for forging the rent receipts.

Even if an employee pays rent below Rs. 8,333 per month, he/she has to produce the rent receipts for availing deduction under HRA. In the absence of such receipts what can be done?

PAN of landlord is not necessary if assessee is paying rent below Rs.8,333/- per month. However, in that case it is always recommended that rent is paid either by cheque or bank transfer which will be a record for the assessee. Also, in case the Assessing Officer demands proofs, bank entries will prove to be a better substitute than rent receipts.

Those people who are living in a rented accommodation but paying pre-EMI for the soon-to-be possession of their new home, how can they calculate the exemption?

Those who have booked house and have taken home loans from various financial institution must be paying monthly EMI (Equated Monthly Instalments) to their respective financial institutions. They’ll get the deduction as per the normal category which is:a) HRA Receivedb) Rent paid Less 10% of Salaryc) 40% of salary (50% for Metro Cities)

However, after getting the possession, they can claim the amount paid as Pre EMI interest in next 5 years equally starting from the year of possession. Suppose A has paid

Pre EMI interest Rs.5Lac

Current Year Interest Rs.40,000

Total benefit which can be claimed under section 10B is Rs.1,40,000 instead of Rs.40,000. But the maximum limit of the section is Rs.1,50,000 which means if your exemption amount exceeds Rs.1,50,000 you can claim Rs.1,50,000 only (if the house is not a rent out).

Source:http://zeenews.india.com/business/personal-finance/analysis-opinion/new-house-rent-allowance-exemption-rule-how-it-will-affect-you_90065.html

Filed Under: central government employees, HRA

Grant of financial upgradation under MACP Scheme-treatment of employees selectedunder LDCE/GDCE Scheme-clarification sought by NFIR

8:06 AM - by ADMIN No comments:

NFIR

National Federation of Indian Railwaymen

3, CHELMSFORD ROAD, NEW DELHI 110055

No. IV/MACPS/09/Pt.7

Dated:07/12/2013

Sub: Grant of financial upgradation under MACP Scheme-treatment of employees selectedunder LDCE/GDCE Scheme-clarification-reg.

Ref: (i) Railway Board's letterNo.PC-V/2009|ACP|2 dated1210912012.
(ii) NFIR'sletterNo.IVA4ACPSl09l07 dated1610712013.

NFIR vide its letter dated 16/10/2013 had brought to the notice of Railway Board a case of misinterpretation of instructions issued by the Railway Board on the subject of grant of financial upgradation under MACPS and treatment of employees selected under LDCE/GDCE issued under Railway Board's letter dated 12/09/2012. Federations is disappointed to note that clarificatory instructions on the lines of first para of Board's letter dated 12/09/2012 stating that "the employees inducted in the relevant grade through LDCE/GDCE has to be treated as direct appointee for the purpose of granting financial upgradation under MACPS', have not been issued so far. As a result cases have been accumulating Zones/PUs and staff continues to suffer badly on many zones. Federation has been given to understand that no clarification has been issued by the Railway Board on the the query raised by GM(E)/W. Railway vide letter no.EP/839/0/Vol.V dated 30/09/2013.

Federation once again urges upon the Railway Board to issue clarificatory instructions to to all Zones & Production Units to mitigate the hardships faced by the staff. NFIR may be kept advised of the action taken.

Yours faithfully,

sd/-

(M.Raghavaiah)

General Secretary

Source: NFIR https://docs.google.com/file/d/0B40Q65NF2_7UWWhoSUlDUFhsV2M/edit

Filed Under: MACP, NFIR

Vigilance Enquiries Against Bureaucrats

8:04 AM - by ADMIN No comments:

As per information provided by the CBI, 65 cases (RCs & PEs) are pending under investigation/enquiries against 19 IAS, 01 IPS & 67 other Allied Central services personnel as on 31.10.2013. Besides the above, 180 cases are pending under trial against 154 IAS, 15 IPS & 102 other Allied Central services personnel. 24 IAS, 07 IPS & 16 other Allied Central services personnel have been convicted during the last three years i.e. 2010, 2011, 2012 & 2013 (upto 31.10.2013).

This was stated by Shri V. Narayanasamy, MOS (PP) in written reply to a question by Shri J. M. Aaron Rashid in Lok Sabha today.

Source:pib

Filed Under: vigilance

Tuesday, December 10, 2013

MINUTES OF MEETING ON RATIONALISATION OF INDUSTRIAL TRADES

8:58 AM - by ADMIN No comments:

MINUTES OF THE MEETING HELD ON 19.09.2013 AT MSF, ISHAPOR

ON RATIONALIZATION OF INDUSTRIAL TRADES.

The following were present in the meeting:
1. Shri N.K.Varsheney, GM/MSF
2. Shri A. K. Nayak. DDG/IR
3. Shri S. K. Singh, Director/IR
4. Shri C. Srikumar, AIDEF
5. Shri R. Srinivasan, INDWF
6. Shri Sadhu Singh, BPMS

02. Continuing with the points discussed during the last meeting held on 13.12.2012, further deliberations were made, which went along the following lines.

03. During the last meeting held on 13.12.2012, some reservations were expressed by the staff side on merger of trades as a part of rationalization exercise, which may affect the promotional prospects of existing incumbents. The issue was deliberated at length and it was acknowledged that a change over from the existing system of trade-wise grade-wise seniority and promotion to grade-wise common seniority and promotion for all trades in a factory could be the way out.

04. Such a change over seems to be legally and administratively in order, as neither the SRO nor any of the Govt. orders stipulates that seniority and promotion are to be maintained/made trade-wise. In operational terms, the change over would mean the following:

(i) Grade-wise common seniority for all trades in a factory for the purpose of promotion

(ii) Grade-wise common reservation roster for all trades

(iii) Simplification in terms of grade-wise seniority list and reservation roster in stead of multiple grade-wise trade-wise seniority list and reservation roster.

05. The advantages of having grade-wise common seniority and promotion for all trades in a factory could be as follows:

(i) Disparity in promotion amongst trades would be removed

(ii) Vacancies which are locked in trade-wise inter grade ratio would be released for utilization.

(iii) This would enable merger of cognate trades without affecting the promotional prospects of existing incumbents.

06. While agreeing in principle with the above propositions brought out at para 3,4 & 5, the staff side stated that they would consult their constituents and come back with firm views by the next meeting. After concurrence from the staff side to the proposed grade-wise common seniority and promotion for all trades in a factory, the committee would work out merger of trades based on similarity of operation, scope for multi-skilling and promotional channel to chargeman.

07. It was agreed that there should be only one set of trades, without the distinction of Annexure-A & B. A certain percentage, say 20% may be earmarked as PR quota, to cater for promotion from labourer.

08. The views of Operating Divisions may be obtained on the proposed abolition of redundant trades as mentioned at para 7 and introduction of new trades as mentioned at para 8 of the minutes of meeting dated 13.12.2012.

The meeting ended with a vote of thanks by Director/IR.

sd/-

(S.K.Singh)

Director/IR

Source: www.indwf.blogspot.in
[http://indwf.blogspot.in/2013/12/minutes-of-meeting-on-rationalisation.html]

7th Pay Commission Terms of Reference by INDWF

8:57 AM - by ADMIN No comments:

INDWF/Circular/010/2013

Date : 09.12.2013

To
Affiliated Unions of INDWF
Sub: Terms of Reference of 7th CPC
Dear Colleagues,

Hon’ble Union Finance Minister made an announcement on 25th September, 2013 for constituting 7th Central Pay Commission; the Government has invited the leaders of the Federations (JCM National Council) for a meeting on 24.10.2013 to discuss the probable terms of reference of 7th Central Pay Commission.

In the meeting held on October, 24, 2013 at North Block, Room No.190, Chaired by Secretary, DOP&T the Federation leaders pointed out the following issues needs to be considered and settled.
Anomalies arisen consequent upon the implementations of VI CPC.
Anomalies relating to MACP Scheme vis-a-vis ACPs to be resolved as already discussed in Anomaly Committee
Merger of DA with Pay as was done during the year 2004.
All Cadre Review proposals should be cleared and should be de-linked with 7th CPC.

The Draft Terms of Reference – Finalised by the staff Side is given below:

(A) To examine the existing structure of pay, allowances and other benefits/facilities, retirement benefit like Pension, gratuity, other terminal benefits etc., to the following categories of employees.

Central Government employees – industrial and non-industrial.
Personnel belonging to All India Services.
Personnel belonging to the Defence forces.
Personnel called as Grameen Dak Sevak belonging to the Postal department.
Personnel of Union territories.
Officers and employees of the Indian Audit and Accounts Department.
Officers and employees of the Indian Audit and Accounts Department.
Officers and employees of the Supreme Court.
Members of Regulatory bodies (excluding RBI) set up under Act of Parliament.

(B) To work out the comprehensive revised pay packet for the categories of Central Government employees mentioned in (A) above as on 01.01.2014.

(C) The Commission will determine the pay structure, benefits facilities, retirement benefits etc., taking into account the need to provide minimum wage with reference to the recommendation of the 15th Indian Labour Conference (1957) and the subsequent judicial pronouncement of the honourable Supreme Court thereon as on 01.01.2014.

(D) To determine the Interim relief needed to be sanctioned immediately to the Central Government employees and pensioners mentioned in (A) above.

(E) To determine the percentage of Dearness Allowance/Dearness relief immediately to be merged with pay and pension.

(F) To settle the anomalies reached in various fora of JCM.

(G) To work out the improvement needed to the existing retirement benefits, like pension, death cum retirement gratuity, family pension and other terminal or recurring benefits maintaining parity amongst past, present and future pensioners and family pensioners including those who entered in service on or after 01.01.2014.

(H) To recommend methods for providing cashless/hazzle free Medicare facilities to the employees and pensioners including postal pensioners.

Yours fraternally,

sd/-

(R.SRINIVASAN)

General Secretary

Source: www.indwf.blogspot.in
[http://indwf.blogspot.in/2013/12/indwfcircular0102013-date-09.html]

Filed Under: 7, 7th CPC, 7th PAY COMMISSION

INDWF published III Level JCM Meeting discussion points

8:55 AM - by ADMIN No comments:

PROGRESS ON ISSUES OF JCM III MEETING WITH DGOF

INTUC

INDIAN NATIONAL DEFENCE WORKERS FEDERATIONES

JCM III LEVEL COUNCIL MEETING OF BOARD (14th MEETING OF 11th TERM) HELD ON 27th AND 28th NOVEMBER, 2013 AT KOLKATTA.

The following issue were discussed and some of the progresses on the issues are given below for the information of all our affiliated unions.

1. Ex-gratia payment of Rs.10 Iakhs to each family of the employees who lost lives while performing their bonafide duties has been cleared by M of D and sanction was issued by OFB for Rs. 3 crores in respect of 30 families.

2. Necessary clarification was issued by Department of Defence Production on the entitlement of 30 days of Earned leave for Piece workers opted leave under Factories Act but a doubt arised to PC of Fys about the date of effect for which necessary clarification will be obtained from M of D to give effect from July 2008.

3. Departmental Overtime for piece workers was abruptly stopped by OFB from the year 2006 which was not approved by M of D. orders are under issue.

4. For Clerical and Para Medical staff the cadre Review proposals now at OFB level, for Para Medical Staff, OFB finance has cleared and it would be processed further.

5. Cadre Review for Artisan Staff under M of D is to be done which is due. Now Indian Railways have revised the Cadre Review w.e.f. 01.11.2013. It was requested OFB should propose on this line for Ordnance Factory Artisan Staff on receipt of the letters from M of D.

6. The III MACP Rs.4600I- which was granted to MCM and Chargeman was now reviewed by DOP&T and M of D was directed to consider on its own, if the MCM is not the feeder grade to Chargeman. On this basis M of D convened a meeting on 21.11.2013 of Federations and Directors of all Directorates and confirmed that the MCM is not the Feeder grade to Chargeman and only HS Grade I, MCM to Chargeman is only by transfer. Now M of D has submitted the proposal to Defence (Finance) for approval. Therefore, the issue is likely to be settled Hence, it was demanded that PC of A Fys should not affect the reversion of Grade Pay from Rs.4600/- to Rs.4200/- for the serving employees till the orders are issued by M of D. It will be delayed till 31.12.2013.

7. Release of HRA for those who vacated the Quarters and not allotted the quarters has been raised to decide the matter at OFB level.

8. One time relaxation to clerical staff is a permanent demand which was forwarded to M Of D.

9. The following Cadre Review proposals have been submitted to Government through M of D.

MTS, Fire Staff, Canteen Staff, Storekeeping staff, Hindi Typist, Jr Hindi Translators, Teachers, Lab Asst, FED, Durwan, female Searcher etc.

10. Single instructions to all Factones in respect of granting ACP to Durwans will be issued on the basis of promotional hierarchy upto 30.08.2008.

11. All MCMs are now declared as Group B category employees as was demanded in last JCM meeting. They are now entitled to travel by Air on LTC 80 from the nearest Airport to North East Region and J & K. Also their contribution is increased to Rs.60/- towards Central Government Employees Insurance Scheme (CGIES).

12. Further it was demanded that for MCM Promotion, only Departmental Screening committee is held not DPC, therefore, they should be granted promotions twice in a year and not once.

13. Family pensions granted to widow daughters and unmarried daughters on the basis of DOP&T orders.

14. Piece work Co-relation is being processed.

15. It was agreed by PC of A Fys to sanction food bills while on duty to remote areas on self certification basis where registered hotels are not available necessary orders will be issued.

16. Electrical Supervisory Competency test for Chargeman, Theoretical training will be held at OFIL, Ambajhari.

17. Estate Co-ordination committee’s functioning’s will be strengthened to settle the HRA problem.

18. Chairman/OFB agreed to consider and dispose the pending requests of JWMs for transfers.

19. JWM/AWM 76 posts cleared 183 posts proposal sent for promotion 50% promotion to AWM. 50% DR Proposed.

20. Escort duty to which employees is detailed; they will be allowed to compensate the loss of Overtime by giving 75 Hours during the Quarter by which they can recover the loss. 54 Hours ceiling per week should be withdrawn. This has been agreed to consider and to issue necessary instructions to Factories.

21. In order to remove the prevailing stagnation for the Storekeepers and Supervisor NT Stores, a Joint proposal was submitted by the Staff side proposing to grand about 269 posts of Chargeman from Chargeman (T) which will relieve the stagnation. At the same time through Cadre Review, the proposed additional posts will be taken back. The proposal submitted would be agreed to consider by OFB.

Yours Sincerely,

sd/-

(R.SRINIVASAN)

General Secretary.

Source:http://indwf.blogspot.in/
[http://indwf.blogspot.in/2013/12/progress-on-issues-of-jcm-iii-meeting.html]

Filed Under: INDWF, JCM

Monday, December 9, 2013

FDI in Defence Production

7:00 AM - by ADMIN No comments:

FDI up to 26% is permissible in the defence sector, subject to licensing. However, wherever FDI beyond 26% is likely to result in access to modern and state-of-the-art technology into the country, decisions can be taken to allow higher FDI on a case-to-case basis, with the approval of the Cabinet Committee on Security.

This information was given by Minister of State for Defence Shri Jitendra Singh in a written reply to Shri Basudeb Acharia in Lok Sabha today.

Source:pib

Filed Under: defence, FDI

Probationers of Indian Revenue Service (Customs & Central Excise) call on the President

6:58 AM - by ADMIN No comments:

A group of 87 probationers of 64th Batch of the Indian Revenue Service (Customs & Central Excise) from the National Academy of Customs, Excise and Narcotics, Faridabad called on the President of India, Shri Pranab Mukherjee today (December 9, 2013) at Rashtrapati Bhavan.

Speaking on the occasion, the President stated that in his various stints in the Ministry of Finance and other Ministries, he had a chance to look closely at the growth in revenue services. He said that over the years, the role and responsibilities of Customs and Central Excise Departments have increased manifold and become more complex. India has been able to demonstrate inherent strength and resilience amidst global economic crises, he said.

The President stated that the job of tax collection is complicated and not easy. He advised the probationary officers to discharge their responsibilities with sincerity and by creating a conducive atmosphere.

Among 87 probationers from 18 States, 15 are lady officers and three are from the Royal Kingdom of Bhutan.

Source:pib

Filed Under: pib

Friday, December 6, 2013

Over 18,000 additional posts to be created in Indirect Tax wing

9:30 PM - by ADMIN No comments:

The Indirect Tax wing of the Finance Ministry, consisting of Custom, Excise and Service Tax Department, will get over 18,000 new recruits.

This is a part of cadre restructuring proposal of the Central Board of Excise and Custom (CBEC) as approved by the Cabinet on Thursday.

The move is expected to help boost revenue collections, as additional posts will be created.

“Indirect tax personal strength has not been expanded since 2002, while revenue target and collection are increasing every year which highlighted the need for restructuring,” a senior Government official told Business Line.

Categories

According to the official, a total of 18,067 additional posts will be created. Out of this, 989 posts will be for Group ‘A’ officials such as Chief Commissioner, Commissioner and Assistant Commissioners. The remaining will be for Group B, C and other category consisting of Superintendents, Inspectors, Havaldars and field staffs. Currently, the sanctioned strength of CBEC is 66,808.

It has also been decided to create 2,118 temporary posts for five years.

“This will enable Superintendent-level personal to get promoted to Group A officer as Assistant Commissioner,” the official said adding that there has been stagnation at this rank. This, along with filing up of cascading vacancies, will clear stagnation up to 2010 batches partially.

The whole exercise is expected to be completed in the next two years.

Expenditure

Although, creation of additional posts will involve an expenditure of approximately Rs 774 crore, it will help in collecting around Rs 68,000 crore annually.

In May this year, the Cabinet had approved creating 20,751 additional posts in the Income Tax Department in various cadres to help in increasing revenue.

It was said that expected expenditure of Rs 450 crore is likely to bring more than Rs 25,000 crore of revenue per annum.

Cadre restructuring of CBEC is taking place at a time, when the Finance Ministry has set a target of Rs 5.65 lakh crore indirect tax collections for 2013-14 which is 19 per cent higher than 2012-13.

However, indirect taxes grew by juts over 5 per cent in first seven months (April-October) in the current fiscal.

shishir.s@thehindu.co.in

(This article was published on December 5, 2013)
Source:http://www.thehindubusinessline.com/news/states/over-18000-additional-posts-to-be-created-in-indirect-tax-wing/article5426352.ece

Filed Under: Cadre Restructuring, CBEC

Process to Constitute the 7th Central Pay Commission Along with Finalization of Its Terms of Reference, The Composition and Timeframe Initiated

3:57 AM - by ADMIN No comments:

The Government has initiated the process to constitute the 7th Central Pay Commission along with finalization of its Terms of Reference, the composition and the possible timeframe for submission of its Report. The date of effect thereof will be known once the Report is available.

This was stated by Shri Namo Narain Meena, Minister of State in the Ministry of Finance in a written reply to a question in the Lok Sabha here today.

Source:pib

Filed Under: 7th CPC, 7th PAY COMMISSION

Thursday, December 5, 2013

Revised Forms for Disability Certificates - Reservation for Persons with Disabilities

9:22 PM - by ADMIN No comments:

No.3603 5/1 /2012-Estt.(Res)

Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

North Block, New Delhi

Dated the 29th November, 2013

OFFICE MEMORANDUM

Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.

The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the Persons with Disabilities.

2. Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E) dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.

3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability Certificate stands withdrawn.

4. All the Ministries/Departments are now requested to comply with the instructions contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for ready reference).

5. All the Ministries/Department are also requested to bring the above instructions to the notice of all k pointing authorities under their control.

sd/-

(G. Srinivasan)

Deputy Secretary to the Govt. of India

THE GAZETTE OF INDIA: EXTRAORDINARY 'PART II-Sec.3(i)

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT

NOTIFICATION

New Delhi, the 30th December, 2009

G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, namely :—

1. (1) These rules may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Rules, 2009.

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

2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full tarticipation) Rules, 1996, -

(I) for rule 2 , the following rule shall be substituted, namely:-

"2. Definitions.-

(1) In these rules unless the context otherwise requires,—

(a) "Act" means the Person$ with Disabilities (Equal Opportunities, Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);

(b) "certificate" or "disability certificate" means a certificate issued in pursuance of clause (t) of section 2 of the Act;

(c) "multiple disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Act;

(d) "Form" means a form appended to these rules.

(2) Words and expressions defined in the Act but not defined in these rules, shall have the meanings respectively assigned to them in the Act";

(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-

CHAPTER II
DISABILITY CERTIFICATE

3. Application for issue of disability certificate -

(1) A person with disability desirous of jetting a certificate in his favour shall submit an application in Form I, and the application shall be accompanied by -

(a) proof of residence, and

(b) two recent passport size photographs.

(2) The application shall be submitted to -

(i) a medical authority competent to issue such a certificate in the district of the applicant's residence as mentioned in the proof of residence submitted by him with the application, or

(ii) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability :

Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian.

4. Issue of disability certificate -

(1) On receipt of an application under rule 3, the medical authority shall, after satisfying himself that the applicant is a person with disability as defined in sub-clause (t) of section 2 of the Act, issue a disability certificate in his favour in Form II, Form III or Form IV as applicable.

(2) The certificate shall be issued as far as possible, within a week from the date of receipt of the application by the medical authority, but in any case, not later than one month from such date.

(3) The medical authority shall, after due examination,

(i) give a permanent disability certificate in cases where there are no chances of variation, over time, in the degree of disability, and

(ii) shall indicate the period of validity in the certificate, in cases where there is any chance of variation, over time, in the degree of disability.

(4) If an applicant is found ineligible for issue of disability certificate; the medical authority shall explain to him the reasons for rejection of his application, and shall also convey the reasons to him in writing.

(5) A copy of every disability certificate issued under these rules by. a medical authority other than the Chief Medical Officer shall be simultaneously sent by such medical authority to the Chief Medical Officer of the District.

5. Review of a decision regarding issue of, or refusal to issue, a disability certificate -

(1) Any applicant for a disability certificate, who is aggrieved by the nature of a certificate issued to him, or by refusal to issue such a certificate in his favour, as the case may be, may represent against such a decision to the medical authority as specified for the purpose by the appropriate Government:

Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the certificate or letter of rejection being appealed against.

(3) On receipt of an applitation for review, the medical authority shall, after giving the appellant an opportunity of being heard, pass such orders on it as it may deem appropriate.

(4) An application for review shall, as far as pissible, be disposed of within a fortnight from the date of its receipt, but in any case, not later than one month from such date.

6. Certificate issued under rule 4 to be generally valid for all purposes-

A certificate -issued under. rule 4 shall render a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government and of Non-Governmental Organizations funded by the Government, subject to such conditions as may be specified in relevant schemes or instructions of Government, etc., as the case may be." ;

(iii) for rule 43, the following rules shall be substituted, namely:-

43. Qualification for appointment of Chief Commissioner -

In order to be eligible for the appointment as Chief Commissioner, a person must satisfy the following conditions, namely:-

(i) he should have special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities;

(ii) he should not have attained the age of sixty years on the 1 st January of the year'in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(1) of rule 43 A, falls;

(iii) if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and

(iv) he must possess the following educational qualification and experience, namely

(A) Educational qualifications.-

(i) Essential: Graduate from a recognised university.

(ii) Desirable: Recognised degree/diploma in Social Work/ Law/ Management/ Human Rights/ Rehabilitation/ Education of Disabled Persons.

(B) Experience.-

Should have at least twenty-five years experience in one or more of the following types of organizations at specified levels:-

(a) In a Group 'A' level post in Central/State Government /Public 'Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/ women and child development); or

(b) A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or

(c) Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization:

Provided that out of the total twenty-five years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities.

43A. Mode of appointment of the Chief Commissioner -

(1) About six months before the post of Chief Commigsioner is due to fall vacant, an advertisement shall be published in at least two national level dailies each in English and Hindi inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 43.

(2) A Search-cum-Selection Committee shall be constituted to recommend a panel of three suitable candidates for the post of the Chief Commissioner.

(3) Composition of the Committee will be governed by relevant instructions issued by the Department of Personnel and Training from time to time.

(4) The panel recommended by the Committee may consist of persons from rMongst those who have applied in response to the• advertisement mentioned in sub-rule (1) above, as well as other 'eligible persons Whom the Committee may consider suitable.

(5) The Central Guvernment shall appoint one of the candidates recommended by the Search-cum-Selection Committee as the Chief Commissioner.

43B. Term of the Chief Commissioner -

(1) The Chief Commissioner shall be appointed on full-time basis for a period of three years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.

(2) A person may serve as Chief Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.

43C. Salary and allowances of the Chief Commissioner -

(1) The salary and allowances of the Chief Commissioner shall be the salary and allowances as admissible to a Secretary to the Government of India.

(2) Where a Chief Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.

43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave -

The Cruet Commissioner shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.

(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession as is admissible to Group 'A' officers under Central Civil Service (LTC) Rules, 1988.

(3) Medical Benefits -

The Chief Commissioner shall be entitled to such medical benefits as is admissible to Group 'A' officers under the Central Government Health Scheme (CGHS).

43E. Resignation and removal —

(1) The Chief Commissioner may, by notice in writing, under his hand, addressed to the Central Government, resign his post.

(2) The Central Government shall remove a person from the office of the Chief Commissioner, if he -

(a) becomes an undischarged insolvent;

(b) engages during his term of office in any paid employment or activity outside the duties of his office;

(c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(d) is in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body or serious default in the performance of his functions as laid down in the Act;

(e) without obtaining leave of absence from the Central Government, remains absent from duty fora consecutive period of 15 days or more; or

(f) has, in the opinion of the Central Government, so abused the position of the Chief Commissioner as to render his continuance in office detrimental to thl_t interest of persons with disability:

Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group 'A' employee of the Central Government.

(3) The Central Government may suspend a Chief Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.

43F. Residuary provision -

Conditions of service of a Chief Commissioner in respect of which no express provision has been made in these rules shall be determined by the rules and orders for the time being applicable to a Secretary to the Government of India.";

(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted, namely:-

"Form-I"
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS WITH DISABILITIES
(See rule 3)

1. Name ............. ............... ................
(Surname) (First name) (Middle name)

2. Father's name ............................... Mother's name .......................

3. Date of Birth: ______/_______/_________(date) (month) (year)

4. Age at the time of application: ________ years

5. Sex: Male/Female

6. Address :

(a) Permanent address (b) Current Address (i.e. for communication)

(c) Period since when residing at current address_______________

Educational Status (Pl. tick as applicable)

(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate

8. Occupation ___________________________

9. Identification marks (i) _______________ (ii) ___________________

10. Nature of disability: locomOtor/hearing/visual/mental/others

11. Period since when disabled: From Birth/Since year ___________

12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO

(ii) If yes, details:
(a) Authority to whom and district in which applied __________________

(b) Result of application _________________

13. Have you ever been issued a disability certificate in the past? If yes, please enclose a true copy.

Declaration: I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further, state that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per. Jaw.

__________________
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)

Date:

Place:

End:

1. Proof of residence (Please tick as applicable)

(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,
Revised Forms for Disability Certificates - Reservation for Persons with Disabilities
No.3603 5/1 /2012-Estt.(Res)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi
Dated the 29th November, 2013

OFFICE MEMORANDUM
Sub: Reservation for Persons with Disabilities-revised forms for Disability Certificates.
The undersigned is directed to refer to this Department's O.M. No. 36035/3/2004-Estt.(Res) dated 29.12.2005 circulating consolidated instructions relating to Reservation for the Persons with Disabilities.

2. Ministry of Social Justice and Empowerment vide their Notification No. G.S.R. 2 (E) dated 30.12.2009 has issued rules to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996. Rules 3 to 6 (Chapter II) Of the said Notification dated 30.12.2009 have prescribed various Forms of Disability Certificate.

3. Keeping in view the amended Rules for Disability Certificates issued by the Ministry of Social Justice and Empowerment vide Notification dated 30.12.2009, paras 9, 10 and 11 of this Department's O.M. No. 36035/3/2004-Est(Res) dated 29.12.2005 relating to issue of Disability Certificate stands withdrawn.

4. All the Ministries/Departments are now requested to comply with the instructions contained in Rules 3 to 6 of Chapter II relating to Disability Certificate as per Ministry of Social Justice and Empowerment's Notification No. G.S.R. 2 (E) dated 30 ,12.2009 (copy enclosed for ready reference).

5. All the Ministries/Department are also requested to bring the above instructions to the notice of all k pointing authorities under their control.

sd/-
(G. Srinivasan)
Deputy Secretary to the Govt. of India

THE GAZETTE OF INDIA: EXTRAORDINARY 'PART II-Sec.3(i)

MINISTRY OF SOCIAL JUSTICE AND EMPOWERMENT
NOTIFICATION
New Delhi, the 30th December, 2009

G.S.R. 2 (E).—In exercise of the powers conferred by sub-sections (1) and (2) of Section 73 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (1 of 1996), the Central Government hereby makes the following rules to amend the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Rules, 1996, namely :—

1. (1) These rules may be called the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Amendment Rules, 2009.

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

2. In the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full tarticipation) Rules, 1996, -

(I) for rule 2 , the following rule shall be substituted, namely:-

"2. Definitions.-

(1) In these rules unless the context otherwise requires,—

(a) "Act" means the Person$ with Disabilities (Equal Opportunities, Protection of Rights and hill Participation) Ad, 1995 (1 of 1996);

(b) "certificate" or "disability certificate" means a certificate issued in pursuance of clause (t) of section 2 of the Act;

(c) "multiple disabilities" means a combination of two or more disabilities as defined in clause (i) of section 2 of the Act;

(d) "Form" means a form appended to these rules.

(2) Words and expressions defined in the Act but not defined in these rules, shall have the meanings respectively assigned to them in the Act";

(ii) for CHAPTER II, the following Chapter shall be substituted, namely :-

CHAPTER II
DISABILITY CERTIFICATE

3. Application for issue of disability certificate -

(1) A person with disability desirous of jetting a certificate in his favour shall submit an application in Form I, and the application shall be accompanied by -

(a) proof of residence, and

(b) two recent passport size photographs.

(2) The application shall be submitted to -

(i) a medical authority competent to issue such a certificate in the district of the applicant's residence as mentioned in the proof of residence submitted by him with the application, or

(ii) the concerned medical authority in a government hospital where he may be undergoing or may have undergone treatment in connection with his disability :

Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian.

4. Issue of disability certificate -

(1) On receipt of an application under rule 3, the medical authority shall, after satisfying himself that the applicant is a person with disability as defined in sub-clause (t) of section 2 of the Act, issue a disability certificate in his favour in Form II, Form III or Form IV as applicable.

(2) The certificate shall be issued as far as possible, within a week from the date of receipt of the application by the medical authority, but in any case, not later than one month from such date.

(3) The medical authority shall, after due examination,

(i) give a permanent disability certificate in cases where there are no chances of variation, over time, in the degree of disability, and

(ii) shall indicate the period of validity in the certificate, in cases where there is any chance of variation, over time, in the degree of disability.

(4) If an applicant is found ineligible for issue of disability certificate; the medical authority shall explain to him the reasons for rejection of his application, and shall also convey the reasons to him in writing.

(5) A copy of every disability certificate issued under these rules by. a medical authority other than the Chief Medical Officer shall be simultaneously sent by such medical authority to the Chief Medical Officer of the District.

5. Review of a decision regarding issue of, or refusal to issue, a disability certificate -

(1) Any applicant for a disability certificate, who is aggrieved by the nature of a certificate issued to him, or by refusal to issue such a certificate in his favour, as the case may be, may represent against such a decision to the medical authority as specified for the purpose by the appropriate Government:

Provided that where a person with disability is a minor or suffering from mental retardation or any other disability which renders him unfit or unable to make such an application himself, the application on his behalf may be made by his legal guardian.
(2) The application for review shall be accompanied by a copy of the certificate or letter of rejection being appealed against.

(3) On receipt of an applitation for review, the medical authority shall, after giving the appellant an opportunity of being heard, pass such orders on it as it may deem appropriate.

(4) An application for review shall, as far as pissible, be disposed of within a fortnight from the date of its receipt, but in any case, not later than one month from such date.

6. Certificate issued under rule 4 to be generally valid for all purposes-

A certificate -issued under. rule 4 shall render a person eligible to apply for facilities, concessions and benefits admissible under schemes of the Government and of Non-Governmental Organizations funded by the Government, subject to such conditions as may be specified in relevant schemes or instructions of Government, etc., as the case may be." ;

(iii) for rule 43, the following rules shall be substituted, namely:-

43. Qualification for appointment of Chief Commissioner -

In order to be eligible for the appointment as Chief Commissioner, a person must satisfy the following conditions, namely:-

(i) he should have special knowledge or practical experience in respect of matters relating to rehabilitation of persons with disabilities;

(ii) he should not have attained the age of sixty years on the 1 st January of the year'in which the last date for receipt of applications, as specified in the advertisement issued under sub-rule(1) of rule 43 A, falls;

(iii) if he is in service under the Central Government or a State Government, he shall seek retirement from such service before his appointment to the post; and

(iv) he must possess the following educational qualification and experience, namely

(A) Educational qualifications.-

(i) Essential: Graduate from a recognised university.

(ii) Desirable: Recognised degree/diploma in Social Work/ Law/ Management/ Human Rights/ Rehabilitation/ Education of Disabled Persons.

(B) Experience.-

Should have at least twenty-five years experience in one or more of the following types of organizations at specified levels:-

(a) In a Group 'A' level post in Central/State Government /Public 'Sector Undertaking/Semi Government or Autonomous Bodies dealing with disability related matters and/or social sector (health/education/poverty alleviation/ women and child development); or

(b) A senior level functionary in a registered national or international level voluntary organisation working in the field of disability/social development; or

(c) Senior Executive position in a leading private sector organisation, involved in social work and in charge of handling social development activities of the organization:

Provided that out of the total twenty-five years experience mentioned above, at least three years of experience in the recent past should have been in the field of empowerment of persons with disabilities.

43A. Mode of appointment of the Chief Commissioner -

(1) About six months before the post of Chief Commigsioner is due to fall vacant, an advertisement shall be published in at least two national level dailies each in English and Hindi inviting applications for the post from eligible candidates fulfilling the criteria mentioned in rule 43.

(2) A Search-cum-Selection Committee shall be constituted to recommend a panel of three suitable candidates for the post of the Chief Commissioner.

(3) Composition of the Committee will be governed by relevant instructions issued by the Department of Personnel and Training from time to time.

(4) The panel recommended by the Committee may consist of persons from rMongst those who have applied in response to the• advertisement mentioned in sub-rule (1) above, as well as other 'eligible persons Whom the Committee may consider suitable.

(5) The Central Guvernment shall appoint one of the candidates recommended by the Search-cum-Selection Committee as the Chief Commissioner.

43B. Term of the Chief Commissioner -

(1) The Chief Commissioner shall be appointed on full-time basis for a period of three years from the date on which he assumes office, or till he attains the age of sixty-five years, whichever is earlier.

(2) A person may serve as Chief Commissioner for a maximum of two terms, subject to the upper age limit of sixty-five years.

43C. Salary and allowances of the Chief Commissioner -

(1) The salary and allowances of the Chief Commissioner shall be the salary and allowances as admissible to a Secretary to the Government of India.

(2) Where a Chief Commissioner, being a retired Government Servant or a retired employee of any institution or autonomous body funded by the Government, is in receipt of pension in respect of such previous service, the salary admissible to him under these rules shall be reduced by the amount of the pension, and if he had received in lieu of a portion of the pension, the commuted value thereof, by the amount of such commuted portion of the pension.

43D. Other terms and conditions of service of the Chief Commissioner -
(1) Leave -

The Cruet Commissioner shall be entitled to such leave as is admissible to Government servants under the Central Civil Service (Leave) Rules, 1972.

(2) Leave Travel Concession -
The Chief Commissioner shall be entitled to such Le we Travel Concession as is admissible to Group 'A' officers under Central Civil Service (LTC) Rules, 1988.

(3) Medical Benefits -

The Chief Commissioner shall be entitled to such medical benefits as is admissible to Group 'A' officers under the Central Government Health Scheme (CGHS).

43E. Resignation and removal —

(1) The Chief Commissioner may, by notice in writing, under his hand, addressed to the Central Government, resign his post.

(2) The Central Government shall remove a person from the office of the Chief Commissioner, if he -

(a) becomes an undischarged insolvent;

(b) engages during his term of office in any paid employment or activity outside the duties of his office;

(c) gets convicted and sentenced to imprisonment for an offence which in the opinion of the Central Government involves moral turpitude;

(d) is in the opinion of the Central Government, unfit to continue in office by reason of infirmity of mind or body or serious default in the performance of his functions as laid down in the Act;

(e) without obtaining leave of absence from the Central Government, remains absent from duty fora consecutive period of 15 days or more; or

(f) has, in the opinion of the Central Government, so abused the position of the Chief Commissioner as to render his continuance in office detrimental to thl_t interest of persons with disability:

Provided that no person shall be removed under this rule except after following the procedure, mutatis mutandis, prescribed for removal of a Group 'A' employee of the Central Government.

(3) The Central Government may suspend a Chief Commissioner, in respect of whom proceedings for removal have been commenced in accordance with sub-rule (2), pending conclusion of such proceedings.

43F. Residuary provision -

Conditions of service of a Chief Commissioner in respect of which no express provision has been made in these rules shall be determined by the rules and orders for the time being applicable to a Secretary to the Government of India.";

(iv) after rule 45 and before FORM DPER-I, the following Forms shall be inserted, namely:-

"Form-I"
APPLICATION FOR OBTAINING DISABILITY CERTIFICATE BY PERSONS WITH DISABILITIES
(See rule 3)

1. Name ............. ............... ................
(Surname) (First name) (Middle name)

2. Father's name ............................... Mother's name .......................

3. Date of Birth: ______/_______/_________(date) (month) (year)

4. Age at the time of application: ________ years

5. Sex: Male/Female

6. Address :

(a) Permanent address (b) Current Address (i.e. for communication)

(c) Period since when residing at current address_______________

Educational Status (Pl. tick as applicable)

(I) Post Graduate
(II) Graduate
(III) Diploma
(IV) Higher Secondary
(V) High School
(VI) Middle
(VII) Primary
(VIII) Illiterate

8. Occupation ___________________________

9. Identification marks (i) _______________ (ii) ___________________

10. Nature of disability: locomOtor/hearing/visual/mental/others

11. Period since when disabled: From Birth/Since year ___________

12. (i) Did you ever apply for issue of a disability certificate in the past---- YES/NO

(ii) If yes, details:
(a) Authority to whom and district in which applied __________________

(b) Result of application _________________

13. Have you ever been issued a disability certificate in the past? If yes, please enclose a true copy.

Declaration: I hereby declare that all particulars stated above are true to the best of my knowledge and belief, and no material information has been concealed or misstated. I further, state that if any inaccuracy is detected in the application, I shall be liable to forfeiture of any benefits derived and other action as per. Jaw.

__________________
(Signature or left thumb impression of
person with disability, or of his/her legal
guardian in case of persons with mental
retardation, autism, cerebral palsy and
multiple disabilities)

Date:

Place:

End:

1. Proof of residence (Please tick as applicable)

(a) ration card,
(b) voter identity card,
(c) driving license,
(d) bank passbook
(e) PAN card,
(f) passport,
(g) telephone, electricity, water and any other utility bill indicating the address of the applicant,
(h) a certificate of residence issued by a Panchayat, municipality, cantonment board, any
gazetted officer, or the concerned Patwari or Head master of a Govt. school,

(i) in case of an inmate of a residential institution for persons with disabilities, destitute, mentally ill, etc., a certificate of residence from the head of such institution.

2. Two recent passport size photographs
---------------------------------------------------------------------------------------------
(For office use only)

Date:
Signature of issuing authority
Place:
Stamp

Click here view/download DoPT Order with all revised Forms
(i) in case of an inmate of a residential institution for persons with disabilities, destitute, mentally ill, etc., a certificate of residence from the head of such institution.

2. Two recent passport size photographs
---------------------------------------------------------------------------------------------
(For office use only)

Date:
Signature of issuing authority
Place:
Stamp

Source:http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02adm/36035_1_2012-Estt.Res.-29112013.pdf

Filed Under: DISABILITY, RESERVATION

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