“Forward ever, backward never: onwards with Breaking Through”

27-11-2014
Representation of OBC,SC,ST in Higher Officers

The representation of SC & ST officers in the higher echelon of bureaucracy has been indicated in the table below. As far as OBC officers are concerned, the reservation for officers belonging to OBC started w.e.f 1994. The officers who qualified under OBC reservation system are yet to gain the requisite seniority for appointment as Additional Secretary, Special Secretary and Secretary. The appointment of officers depends on their empanelment to hold the post at the relevant level and willingness to come on Central deputation.
The number of Secretary, Special Secretary, Additional Secretary and Joint Secretary in various Ministries/Departments under the Central Staffing Scheme, as per available records, are as under:
Level
Total
SC
ST


Number
%age
Number
%age
Secretary
72
4
5.55
2
2.78
Special Secretary
19
1
5.26
1
5.26
Additional Secretary
60
1
1.67
2
3.33
Joint Secretary
280
22
7.86
7
2.50
The posts of Secretary of Scientific Departments, Ministry of External Affairs, Department of Legal Affairs and Legislative Department under the Central Government are not under the Central Staffing Scheme.
To fill up the post of Secretary, Additional Secretary and Joint Secretary in Ministries/ Departments of Government of India under the Central Staffing Scheme (CSS), the officers of various services participating under the CSS are considered for empanelment to hold these posts. These posts are not cadre posts of any service. Out of the empanelled officers, those who give their option for deputation are considered for appointment under the CSS. There is no provision for reservation of SCs/STs in the posts under the CSS. However, at the time of empanelment every effort is made to empanel officers belonging to SC/ST categories, if necessary, by adopting liberal benchmark as compared to officers of General category.
Since these post under CSS are not cadre posts of any service, the question of promotion to the rank of Additional Secretary/Joint Secretary under the CSS does not arise. The promotion to such officers are given in the Cadre.
This was stated by Minister of State for Personnel, Public Grievances and Pensions Dr. Jitendra Singh in a written reply to Shri Hukumdev Narayan Yadav and Shri Ramsinh Rathwa in the Lok Sabha today

Amending-CCS-Rules-to-make-working-conditions-more-conducive-for-women
As per the new definition contained in the Explanation (1) under the amended Rule 3C of the Central Civil Services (Conduct) Rules, 1964, “sexual harassment” includes any one or more of the following acts or behaviour (whether directly or by implication) namely : –
(i) physical contact and advances; or
(ii) a demand or request for sexual favours; or
(iii) making sexually coloured remarks; or
(iv) showing pornography; or
(v) any other unwelcome physical, verbal, non verbal conduct of a sexual nature.
The following circumstances, among others, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment : -
(i) implied or explicit promise of preferential treatment in employment; or
(ii) implied or explicit threat of detrimental treatment in employment; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety
Further, as per Explanation (1)(c) under the Rule 3C of the Central Civil Services (Conduct) Rules, 1964, “workplace” includes,-
(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
(ii) hospitals or nursing homes;
(iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;
(iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
(v) a dwelling place or a house .
This was stated by Minister of State for Personnel, Public Grievances and Pensions Dr. Jitendra Singh in a written reply to Shri Rajan Vichare in the Lok Sabha today

 

26-11-2014

1.    AMENDMENTS TO LABOUR LAWS



GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA

UNSTARRED QUESTION NO 147
ANSWERED ON 24.11.2014
AMENDMENTS TO LABOUR LAWS

147 . Jayadevan Shri C. N., Kodikunnil Shri Suresh
Yadav Shri Dharmendra, Ram Mohan Naidu Shri Kinjarapu
Shrirang Shri Chandu Barne, Patil Shri Shivaji Adhalrao
Saraswati Shri Sumedhanand, Bhuria Shri Dileep Singh

Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-
(a) whether the Union Government and also some State Governments have proposed certain amendments in labour laws;
(b) if so, the details of the proposed amendments proposed by the Union and the State Governments separately along with the reasons therefor;
(c)the extent to which the proposed changes in the labour laws are likely to reduced hassles for employers and employees;
(d)whether the Government has also proposed for self-certification by the employer regarding the safety and security of the employees and of the people in and around the factory; and
(e)if so, the details thereof?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)
(a): Yes, Madam.
(b): The details of the amendments proposal by the Union Government are at Annexure-I.
The details of amendment proposals received from State Governments for seeking concurrence are at Annexure-II.
(c) to (e): Review/updation of labour laws is a continuous process in order to bring them in tune with the emerging needs of the economy after tripartite consultations amongst Government, Employers’ & Employees’ Organizations. While undertaking such changes overall interests of labour like wages, employment, social security, working environment, health and safety etc. are protected keeping in view the requirements of the Indian Industry to make it efficient and internationally competitive. This constitutes an essential part of labour reforms which essentially means taking steps to increase production, productivity and employment opportunities in the economy.
The Ministry of Labour & Employment is also proactively engaged in addressing the issues related to multiplicity of labour laws and the ease of compliance to promote an enabling business environment.
A single unified Web Portal has been developed for Online Registration of units, Reporting of inspections, and submissions of Annual Returns and redressal of grievances. This portal facilitates ease of reporting at one place for various Labour Laws by a single online annual return; consolidate information of Labour Inspection and its enforcement thereby enhancing transparency in Labour Inspection as well as that in monitoring of Labour Inspections.
Annexure-I
The Child Labour (Regulation & Abolition) Act, 1986
  •  Linking the definition of child under this Act to that under the Right to Education Act, 2009,
  •  complete prohibition on employment of children below 14 years and linking the age of the prohibition with the age under Right to Free and Compulsory Education Act,
  •  prohibition of working of Adolescents in Mines, Explosives and hazardous occupations set forth in the Factories Act, 1948,
  •  More strict punishment to the offenders and making the offences under the Act cognizable.
The Factories Act, 1948
  • The threshold limit for coverage under the Factories Act as defined in Section 2(m), is proposed to be amended to include besides the existing limits of 10 workers (for units with power) and 20 workers (for units without power), units with such number of workers as may be prescribed by the State Government with a cap of 20 workers (for units with power) and 40 workers (for units without power) respectively. This will provide flexibility to the State Governments to amend their State Law as per their requirements.
  •          Amendment of Section 66 of the Act relating to permission for employment of women for night work for a factory or group or class or             description of factories with adequate safeguards for safety and provision of transportation till the doorstep of their residence.
  • Amendment of Sections 64 and 65 of the Act to enhance the limit of overtime hours from the present limit of 50 hours per quarter to 100 hours per quarter. The amendment also proposes this limit to be increased to a maximum of 125 hours per quarter in public interest with the approval of State Government.
  • Insertion of provision relating to compounding of certain offences (Section 92 C and new Fourth Schedule) and amendment of Section 92 of the Act enhancing the quantum of penalty for offences.
  • The provision of self-certification has been introduced for the purpose of expansion of the factory through amendment in Section 6.
  • Provision of empowering the State Government to increase the period of spreadover from 10.5 hours to 12 hours (Section 56) through notification in the Official Gazette.
  • Introduction of a new Section 35A on provision of personal protective equipment for workers exposed to various hazards and amendment of Sections 36 and 37 regarding entry into confined spaces and precautions against dangerous fumes, gases etc.
  • Provision of canteen facilities in respect of factories employing 200 or more workers instead of the present stipulation of 250 workers (Section 45) and also provision of shelters or restrooms and lunchrooms in respect of factories employing 75 or more workers instead of the present stipulation of 150 workers (Section 47).
  •  Introduction of new terms like “hazardous substance” and “disability” to existing definitions (Section 2cc. 2ea)
  •  Prohibition of employment of pregnant women (it was earlier for all women) and persons with disabilities on or near machinery in motion and near cotton openers (Section 22 (2)).
  •  Reduction in the eligibility criteria for entitlement of annual leave with wages from 240 days to 90 days (Section 79).
  •  Presently only the State Governments are empowered to make rules under the Factories Act. It is now proposed to empower the Central Government also to make rules under the Act on some of the important provisions.
The Mines Act, 1952
  •  Amend the “long title” so as to provide that “the regulation of conditions of work, health and welfare of persons employed in mines”,
  •  Substitute the definition of owner so as to make it more comprehensive;
  •  Define “foreign company” with reference to the Companies Act, 1956;
  •  Make provisions for appointment of officials in addition to agents of the employer in the mines;
  •  Increase the penalties provided in sections 63 to 70, sections 72A, 72B, 72C and 73 and also to shift the burden of proof upon the person who is being prosecuted or proceeded against to prove that it was not reasonably practical, o, all practical measures to satisfy the safety requirements; and Amend section 76 so as to enlarge the scope to cover the foreign companies and to insert a new section 76 A to provide that the person who has actual ultimate control over the affairs of the mines would continue to be liable for the contravention of the provisions of the Act or of any rule or regulation or by law or order made there under.
Minimum Wages Act, 1948
  • Statutory recognition of National Floor Level Minimum Wage (NFLMW) and to make it applicable to all employments and removing the restriction of 1000 or more workers for an employment to come within the purview of Minimum Wages Act.
  • Review and revision of NFLMW at intervals not exceeding five years, besides, a component of variable dearness allowance will be worked out on the basis of rise in consumer price index for industrial workers every six months.
  •  Making applicable NFLMW in respect of an employment where no minimum wages has been fixed by both State and the Centre Government.
  •  Review and revision of the minimum rates of wages at intervals not exceeding five years, if the minimum wages has a component of variable dearness allowance worked out on the basis of rise in consumer price index for industrial workers, and in any other case at the interval of two years.
  •  Fixing the minimum wage not below the NFLMW and, where there is variation between the rates of minimum wages and NFLMW, to make applicable the higher of the two.
  • Giving wage cards to the employees by employers, in addition to wage books and wage slips as part of the maintenance of records.
  •  Accepting claims regarding minimum wages, within 12 months, instead of existing time period of six months.
  •  Enhancing the fine prescribed for contravention of certain provision of the Act from Rs.500/- to Rs.5000/- on first conviction and with imprisonment for a term which may extend to one year or with fine of not less than Rs.5000 extending up to Rs.10,000 in the case of second or subsequent conviction.
  •  Enhancement of compensation payable to the workers and measures to streamline the enforcement provisions.
  •  Making applicable in Central Sphere, the minimum wages fixed by the State Government in respect of particular employment, where no minimum wages have been fixed by the Central Government.
  •  Making applicable in Central Sphere, the higher minimum wages fixed by the State Government in respect of a schedule employments where the minimum wages fixed by the Central Government is lower.
  •  Amend the definition of the “Appropriate Government”.
The Labour Laws (Exemption from Furnishing Returns and Maintaining Registers by Certain Establishments) Act, 1988
  •  Extending the coverage of the Principal Act from 9 Scheduled Acts to 16 Scheduled Acts as had been proposed in the 2005 Bill,
  •  Continuing with the existing method of defining establishments as ‘very small’ and ‘small’ with the change that the ‘small’ establishments would now cover the establishments employing between 10 to 40 workers as against the existing provision of 10 to 19 workers,
  •  The small establishments will be required to maintain two registers as against the existing provision of maintaining three registers,
  •  Allow maintaining of registers or records in computer, floppy, diskette or on other electronic media and submitting return through e-mail as had been proposed in the 2005 Bill.
Annexure-II
State Legislation – Amendment proposals of Government of Rajasthan
1. The Industrial Disputes Act, 1947 (2-A):- In case of dismissal, discharge, retrenchment or termination of an individual workman, for raising the industrial dispute 3 years limitation period is proposed.
The provision of 3 years limitation period for raising the Industrial Dispute already exists in the ID Act, 1947. Section 2A(3) was inserted vide amendment of 2010, providing limitation of period of 3 years from the date of dismissal, retrenchment, discharge for making the application to the Labour Court/Tribunal.
2. The Industrial Disputes Act, 1947 (9 D – Rajasthan Amendment). For the purpose of recognition of the trade union, the membership of the trade union is proposed to increase from 15% to 30%.
The Government of Rajasthan only amended the Industrial Disputes Act, 1947 in 1958 and inserted a provision for registration of the representative union. Similar provision do not exist in the Central Act. Ministry of Labour of Employment has no objection to the proposed amendment for increasing membership of union from 15% to 30% for the purpose of registering as representative union.
3. The Industrial Disputes Act, 1947 (25-K). For applicability Chapter V-B i.e. Pre-conditions of permission from the appropriate government, notices, compensation for lay off, retrenchment, closure, it is proposed to increase from 100 to 300 workmen. However, State Govt. can also apply provisions of Chapter V-B to an establishment in which less than 300 but not less than 100 workmen are employed.
For applicability of Chapter V B of Industrial Disputes Act, 1947 i.e. Pre- conditions of permission from the appropriate government, notices, compensation for lay off, retrenchment, closure, 100 or more workmen is required.
In the year 1984 by amendment of the Act, for applicability of Chapter V B, the limit of number of workmen were reduced from 300 to 100 for giving statutory protection to workmen of smaller establishments. The trade unions will strongly oppose the proposal of Rajasthan Government for increasing the number of workmen from 100 to 300. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
4. Industrial Disputes Act, 1947[25-N (1) (a)]: 3 months’ notice or wages in lieu of notice period is required to be paid before retrenchment or closure. It is proposed to delete the wages in lieu of notice period.
The proposal for removing the wages in lieu of the 3 month’s notice in case of retrenchment or closure, and making three months notice compulsory, the Ministry of Labour & Employment has no objection to this proposal.
5. Industrial Disputes Act, 1947 [25-N (9)]: In case of retrenchment in addition to the prescribed compensation i.e. 15 day’s wage for each completed year of service. It is proposed to pay to three months average pay to Workman.
The proposal is to provide additional financial security to the retrenched workmen in addition to the compensation prescribed in Section 25-N (9) of the Industrial Disputes Act, 1947. The Ministry of Labour & Employment has no objection to this proposal.
6. Industrial Disputes Act, 1947 {25-O(8)} In case of closure in addition to the prescribed compensation i.e. 15 day’s wage for each completed year of service. It is proposed to pay to three months average pay to Workman.
The proposal is to provide additional financial security to the retrenched workmen in addition to the compensation prescribed in Section 25-O (8) of the Industrial Disputes Act, 1947. The Ministry of Labour & Employment has no objection to this proposal.
7. The Industrial Disputes Act, 1947 Para 5 of part II of the fifth schedule i.e. unfair labour practices related to “go slow”. Proposed to define “go slow”.
The Ministry of Labour & Employment has no objection to the proposal to define “go slow”.
8. The Contract Labour (Regulation & Abolition) Act, 1970 Section 1(4)(a) & (b). For applicability of the Act, the number of workmen is proposed to increase from 20 to 50.
The two days strike notice by all CTUOs included the issue to protect the interest of contract labour. If the number of workmen increased from 20 to 50 for applicability of the Act, a large number of contract labour would be deprived from the benefits/protection provided in the Act. Since the issue of contract labour is frequently raised by all the CTUOs, they will strongly oppose this proposal. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
9. The Factories Act, 1948 Section 2(M)(I). Proposal is to increase from 10 to 20 workers with the aid of the power for the purpose of definition of factory.
The Factories Act, 1948 provide for the health, safety and welfare of the workers. In the absence of any other alternative provision, just taking out the workers from the Factories Act is likely to be opposed by the trade unions. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
10. The Factories Act, 1948 Section 2(M)(II). Proposal is to increase from 20 to 40 workers without the aid of power for the purpose of definition of factory.
The Factories Act, 1948 provide for the health, safety and welfare of the workers. In the absence of any other alternative provision, just taking out the workers from the Factories Act is likely to be opposed by the trade unions. It is also not clear whether tripartite consultations have taken place as required under ILO Convention 144.
11. The Factories Act, 1948 Section 105. Power of Inspector for launching the prosecution is proposed to be the power of the State Government i.e. no prosecution can be launched without the previous sanction of the State Government.
The Ministry of Labour & Employment has no objection if the prosecution can be launched with the prior sanction of the State Government.
12. The Factories Act, 1948 Section 106 – Proposed for the compounding of the offences.
The Ministry of Labour & Employment has also proposed for the compounding of the offences in its amendment, hence, has no objection to this proposal.
Source: loksabha.nic.in

2. Proposals for amendment to the Minimum Wages Act, 1948
Proposals-for-amendment-to-the-Minimum-Wages-Act,-1948

GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
STARRED QUESTION NO 6
ANSWERED ON 24.11.2014
AMENDMENT TO MINIMUM WAGES ACT

6 . Sampath Shri Anirudhan
Will the Minister of LABOUR AND EMPLOYMENT be pleased to state:-
(a)whether suggestions have been received from various quarters to amend the Minimum Wages Act, 1948 and if so, the details thereof;
(b)whether the amendment proposes to cover all the employment sectors and increase penal provisions; and
(c)if so, the details thereof ?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI BANDARU DATTATREYA)

(a) to (c): A statement is laid on the Table of the House.

STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF THE LOK SABHA STARRED QUESTION NO. 6 FOR 24.11.2014 BY DR. A. SAMPATH REGARDING “AMENDMENT TO MINIMUM WAGES ACT”.
(a) to (c): Yes, Madam. Major Central Trade Unions had raised demands to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/- linked with cost price index on 04.09.2012. Further, the demand to fix minimum wages not less than Rs.15,000/- per month was placed before the Government by these trade unions on 06.06.2014 and 24.06.2014.
Proposals for amendment to the Minimum Wages Act, 1948 were put on the website of the Ministry of Labour and Employment on 17.06.2014 for public consultation. The proposals inter-alia include universal coverage to all the employments by removing the restriction of 1000 or more workers for an employment to come within the purview of Minimum Wages Act, making National Floor Level Minimum Wage (NFLMW) statutory and enhancement of penal provisions by increasing the fine prescribed for contravention of certain provision of the Act from Rs.500/- to Rs.5,000/- on first conviction and with imprisonment for a term which may extend to one year or with fine of not less than Rs.5,000/- extending up to Rs.10,000/- in the case of second or subsequent conviction under the Act.

3. Mandatory Medical Care for Victims of Road Accidents and Pregnant Women

‘Health’ is a state subject and it is primarily the responsibility of the State Governments to issue any directive in this regard. However, this Ministry has circulated guidelines for referral of patients in emergency vide this Ministry’s letter C.18018/12/2-14-H dated 31.7.2014 to All States/UTs and various Central Government-Hospitals.
In addition, the Central Government has enacted the Clinical Establishments (Registration and Regulation) Act, 2010 and the Sub-section (2) of Section 12 of this Act stipulates that the clinical establishments shall undertake to provide within the staff and facilities available, such medical examination and treatment as required to stabilize the “emergency medical condition” of any individual who comes or is brought to such clinical establishments. “Emergency medical condition” has been stipulated in the Act as a medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) of such a nature that the absence of immediate medical attention could reasonably be expected to result in –
(i) Placing the health of the individual or, with respect to a pregnant women, the health of the women or her unborn child, in serious jeopardy; or
(ii) Serious impairment to bodily function; or
(iii) Serious dysfunction of any organ or part of a body;
This Act is applicable in Arunachal Pradesh, Himachal Pradesh, Mizoram Sikkim, Uttar Pradesh, Rajasthan, Bihar, Jharkhand, Uttarakhand and all Union Territories (except Delhi).
The Medical Council of India (MCI) has informed that it has always supported the Government proposal for providing primary medical treatment to Road accidents victims and women in labour without delay.
The Health Minister, Shri J P Nadda stated this in a written reply in the Rajya Sabha here today



25/11/2014

March to Parliament” on 4th December 2014

Information to participants which is sent to ALL affiliated unions General secretaries and Circle secretaries on 17/11/2014

Dear Colleagues,

You are aware that the Postal JCA has decided to go ahead with the programme which we planned earlier. The Department of Posts does not respect our sentiments. Every demand which we raised in the charter of Demands is either rejected or delayed indefinitely by the Department. Taking into consideration of the present condition, the Postal JCA has decided to go ahead with our original programme, “March to Parliament” on 4th December 2014.
The following places/locations have been arranged for staying purpose for participants in the programme.

1.      Sanatan Dharam Sabha
Shiv Mandir
2283, Ashok Nagar
Faiz Road, Karol Bagh,
New Delhi 110 005.

2.      MTNL Quarters
CH 17-18, Atul Grove Road,
New Delhi 110 001.

In both the above places, our Federation will provide bedding for the participants.

Ø The Federation is unable to provide any kind of food to the participants.
Ø Participants may make their own arrangements in respect of food. Further we are unable to provide hot water to participants during their stay.
Ø  In December,the climate in Delhi will be of severe cold. Therefore participants are requested to bring necessary clothing so as to bear the cold.
Ø The March to Parliament will start at 10 a.m. from Jantar Matar.

All the participants of FNPO affiliated unions are requested to come to MTNL Quarters at Atul Grove Road at 9.30 a.m. FNPO procession will start from Atul Grove Road to Jantar Mantar and join with NFPE participants. From there we will proceed to parliament. Participants are requested to bear any inconvenience caused during their stay in Delhi. We are unable to provide proper accommodation to the participants at Delhi due to paucity of funds with the Federation. However we provide accommodation which is not lesser than that of NFPE participants. The places of stay mentioned above will be available from 3rd December to 5th December2014 up to 10 a.m. Therefore participants are advised to reach Delhi on 3rd December and leave by 5th December 10 a.m. The participants belonging to Delhi, Punjab, Haryana and Himachal Pradesh are requested to come on the morning of 4th December.

The intention to hold “March to Parliament” is to show our strength as well as our anguish and protest against the Department / Government. Therefore all participants should bear the inconvenience during the stay in Delhi .FNPO hopes and trusts the participants will raise to the occasion.
Yours Fraternally,
                                                                                                                                                       (D.THEAGARAJAN)



23/11/2014 


DOPT Instruction regarding timely review of suspension

F. No. 11012/17/2013-Esti.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel and Training
Establishment Division

North Block, New Delhi — 110001
Dated November 18th 2014

OFFICE MEMORANDUM

Subject: Central Civil Service (Classification, Control and Appeal) Rules, 1965 — Instruction regarding timely review of suspension

Rule 10 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, deals with the provisions of suspension. As per the rule, a Government servant may be placed under suspension, in the following circumstances:

(a) where a disciplinary proceeding against him is contemplated or is pending; or
(b) where, in the opinion of the authority aforesaid, he has engaged himself in activities prejudicial to the interest of the security of the State; or
(c) where a case against him in respect of any criminal offence is under investigation, inquiry or trial:

2. A Disciplinary Authority may also consider it appropriate to place a Government servant under suspension in the following circumstances. These are only intended for guidance and should not be taken as mandatory:-
(i) Cases where continuance in office of the Government servant will prejudice the investigation, trial or any inquiry (e.g. apprehended tampering with witnesses or documents);
(ii) where the continuance in office of the Government servant is likely to seriously subvert discipline in the office in which the public servant is working;
(iii) where the continuance in office of the Government servant will be against the wider public interest [other than those covered by (i) and (ii)] such as there is public scandal and it is necessary to place the Government servant under suspension to demonstrate the policy of the Government to deal strictly with officers involved in such scandals, particularly corruption;
(iv) where allegations have been made against the Government servant and preliminary inquiry has revealed that a prima facie case is made out which would justify his prosecution or is being proceeded against in departmental proceedings, and where the proceedings are likely to end in his conviction and/or dismissal, removal or compulsory retirement from service.
3. In the first three circumstances the Disciplinary Authority may exercise his discretion to place a Government servant under suspension even when the case is under investigation and before a prima facie case has been established. Suspension may be desirable in the circumstances indicated below:-
(i) any offence or conduct involving moral turpitude;
(ii) corruption, embezzlement or misappropriation of Government money, possession of disproportionate assets, misuse of official powers for personal gain;
(iii) serious negligence and dereliction of duty resulting in considerable loss to Government
(iv) desertion of duty;
(v) refusal or deliberate failure to carry out written orders of superior officers In respect of the types of misdemeanor specified in sub-clauses (iii) and
(v) discretion has to be exercised with care.
3. Rules 10(6) and 10(7) of the CCS (CCA) Rules, 1965, deal with review of the suspension cases. The provision for review within ninety day is applicable to all types of suspensions. However, in cases of continued detention, the review becomes a mere formality with no consequences as a Government servant in such a situation has to continue to be under deemed suspension. A review of suspension is not necessary in such cases.
4. It has been brought to the notice of this Department that in cases of prolonged suspension period, the courts have pointed out that the suspension cannot be continued for long and that inspite of the instructions of DoP&T, the Disciplinary Authorities are not finalizing the disciplinary proceedings within the stipulated time. Also, in such cases the Government is unnecessarily paying subsistence allowance without extracting any work and if, on the culmination of the disciplinary proceedings, the charged officer is exonerated from the charges, the Government has to unnecessarily pay the full salary and treat the period of suspension as on duty etc.. It is, therefore, desirable that timely review of suspension is conducted in a just and proper manner and that the disciplinary proceedings are finalized expeditiously.
5. All Ministries/ Departments are requested to bring the existing instructions on timely review of suspension and expeditious completion of disciplinary proceedings to the notice all concerned under their control.
(J.A.Vaidyanathan)
Direct(Establishment)

 


22.11.2014


1.   Special benefits in cases of death and disability in service

No.45/3/2008 – P&PW (F)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Pension & Pensioners’ Welfare

3rd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi-110003
Dated 20, November, 2014

OFFICE MEMORANDUM

Subject: Special benefits in cases of death and disability in service – Revision of Disability Pension/Family pension of Pre-2006 disability pensioners/Family Pensioners – regarding.

The undersigned is directed to say that the pension of pensioners/family pensioners who were drawing pension/family pension as on 1.1.2006 under the CCS(EOP) Rules was to be revised in accordance with Department of Pension & Pensioners’ Welfare OM NO.38/37/2008-P&P&W(A) dated 1.9.2008. Accordingly, instructions were issued vide this Department OM of even number dated 30th September 2010 for extension of benefits of modified parity to past pensioners’ for revision of disability pension/family pension covered under CCS(EOP) Rules.

2.                Further, orders were issued vide this Department’s OM No.38/37/2008-P&PW(A) dated 28th January, 2013 for further stepping up of normal pension/family pension to 50%/30% of the sum of minimum pay in the pay band and grade pay corresponding to the pre-revised pay scales from which the pensioner had retired, as arrived at with reference to the fitment table annexed to the Ministry of Finance, Department of Expenditure OM NO.1/1/2008-IC dated 30th August 2008. The question of extending this benefit to pre-2006 disability pensioner/family pensioner covered under the Central Civil Services (Extraordinary Pension) Rules has been under the consideration of the Government. It has now been decided that the pension/family pension of pre-2006 disability pensioners/family pensioners covered under CCS(EOP) Rules would be further stepped up as under:-

I. Family Pension for Categories B & C
(a) Where the deceased Government servant was not holding a pensionable post: 40% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)! minimum Basic pay in the revised Scale of Pay (in the case of HAG and above) applicable from 1.1.2006 corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1!2008-IC dated 30th August, 2008 subject to a minimum of Rs.4550!
(b) Where the deceased Government servant was holding a pensionable post: 60% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale )/ minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs.7.000/-
In case where the widow dies or remarries, the children shall be paid family pension at the rates mentioned at (a) or (b) above, as applicable, and the same rate shall also apply to fatherless/motherless children. In both cases, family pension shall be paid to children for the period during which they would have been eligible for family pension under the CCS (Pension) Rules. Dependent parents/brothers/sisters etc. shall be paid family pension one-half the rate applicable to widows/fatherless or motherless children.

II. Family Pension under Categories D & E
Family pension shall be calculated as the minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008.
(a) If the Government servant is not survived by his widow but is survived by child/children only, all children together shall be eligible for family pension at the rate of 60% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised Scale of Pay( in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to a minimum of Rs. 7000/-
(b) When the Government servant dies as a bachelor or as a widower without children, dependent pension will be admissible to parent without reference to pecuniary circumstances, at the rate of 75% of minimum of Pay in the Pay Band plus Grade Pay and minimum Basic Pay in the revised scale of pay(in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, if both parents are alive, and at the rate of 60% if only one of them is alive.

III. Disability Pension for Categories B & C
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008, to be reduced proportionately, if the employee did not have required qualifying service for full pension, plus disability element equal to 30% of the same basic pay, for 100% disability.
(b) For disability less than 100%, disability element shall be reduced proportionately. In cases of disability pension where permanent disability is not less than 60%, the disability pension (i.e. total of service element plus disability element) shall not be less than 60% of the minimum of pay in the Pay Band plus Grade Pay ( below HAG scale) or the minimum basic pay in the revised Scale of pay (in case of HAG and above) corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008, subject to a minimum of Rs. 7000/- per
month.

IV. Disability Pension for Category D
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay ( in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008, subject to proportionate reduction in case his qualifying service up to the deemed date of retirement falls short of full qualifying service and disability element equal to 30% of the same minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale)/minimum Basic Pay in the revised Scale of Pay ( in the case of HAG and above) as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to the condition that the aggregate of service and disability element shall not be less than 80% of the minimum of Pay in the Pay Band plus Grade Pay/minimum Basic Pay, in case of HAG and above, applicable from 1.1.2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated so” August, 2008 for 100% disability.
(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11.2008.
V. Disability Pension for Cases under Category E
(a) Disability pension would comprise of a service element equal to 50% of minimum of Pay in the Pay Band plus Grade Pay (in the case of below HAG scale or the minimum Basic pay in the revised Scale of pay (in case of HAG and above) applicable from 1-1-2006, corresponding to the scale of pay last held by the employee as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 subject to proportionate reduction in case his qualifying service upto deemed date of retirement falls short of full qualifying service and disability element equal to the same minimum of pay in the Pay Band plus Grade Pay ( in the cases of below HAG scale) or the minimum Basic Pay in the revised Scale of Pay (in case of HAG and above) corresponding to the scale of pay last held by the employee, as arrived at with reference to the fitment tables annexed to the Ministry of Finance, Department of Expenditure, OM No. 1/1/2008-IC dated 30th August, 2008 for 100% disability.
(b) For lower percentage of the disability, proportionate reduction would be made in disability element as provided in OM dated 3.2.2000 as amended vide O.M. NO.45/3/2008-P&PW (F) dated 18.11.2008.

3. In the case of Disability pension/Family pension calculated as per para 4.1 of OM NO.38/37/2008-P&PW(A) dated 1.9.2008 is higher than the disability pension/family pension calculated in the manner indicated above, the same (higher consolidated disability pension/family pension) will continue to be treated as basic disability pension/family pension.
4. These orders shall take effect from 24.9.2012. There will be no change in the amount of revision disability pension/family pension paid during the period 1.1.2006 to 23.9.2012, and, therefore, no arrears will be payable on account of these orders for that period.
5. All other terms and conditions in the O.M. dated 3.2. 2000, as amended vide O.M. No.45/3/2008-P&PW (F) dated 18.11. 2008 and 30.09.2010 shall remain unchanged.
6. This issues with the concurrence of the Ministry of Finance, Department of Expenditure, vide their 10 No.481/EV/2014 dated 3.9.20145-
7. In so far as persons belonging to the Indian Audit & Accounts Department, these orders issue after consultation with the Comptroller & Auditor General of India.
8. All Ministries/Departments are requested to bring the contents of these orders to the notice of Controller of Accounts/Pay and Accounts Officers and Attached and subordinate Offices under them on a top priority basis. All pension disbursing officers are also advised to prominently display these orders on their notice boards for the benefits of disability pensioners/family pensioners.
8. Hindi version will follow.
sd/-
(Tripti P Ghosh)
Director

2). Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

NO.4/25/2008-P&PW(D)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Pension & Pensioners’ Welfare)

3rd Floor, Lok Nayak Bhawan, Khan MARKETDescription: http://cdncache-a.akamaihd.net/items/it/img/arrow-10x10.png,
New Delhi-110 003, Dated the 19th November, 2014.

OFFICE MEMORANDUM

Subject: Grant of Fixed Medical Allowance (FMA) to the Central Government Pensioners residing in areas not covered under CGHS.

The undersigned is directed to say that at present Fixed Medical Allowance is granted to the Central Government pensioners/family pensioners residing in areas not covered under Central Government HEALTHDescription: http://cdncache-a.akamaihd.net/items/it/img/arrow-10x10.png Scheme administered by the Ministry of Health & Family Welfare and corresponding health schemes administered by other Ministries/Departments for their retired employees for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Orders were issued vide this Department’s O.M. of even no. dated 26.05.2010 for enhancement of the amount of Fixed Medical Allowance from Rs. 100/- to Rs. 300/-p.m. w.e.f. 1.092008.
2. The demand for further enhancement of FMA has been under consideration of the Government for some time past. Sanction of the President is hereby conveyed for enhancement of the amount of Fixed Medical Allowance from Rs.300/- to Rs.500/- per month. The other conditions for grant of Fixed Medical Allowance shall continue to be as contained in this Departments’ OMs No.45/57/97-P&PW(C) dated 19.12.97, 24.8.98, 30.12.98 and 18.8.99.
3. These orders will take effect from date of issue of this OM.
4. These orders are issued with the concurrence of the Ministry of Finance (Deptt. of Expenditure) vide their ID. Note No 588l/E.V/2014 dated 22.10.2014 and in consultation with the Comptroller and Auditor General of India vide their UO No. 174 Staff(Rules)/02-2011 dated 12.11.2014.
5. Hindi version will follow.
(Harjit Singh)
Deputy Secretary to the Govt. of India


3. AADHAR Enabled Bio-metric Attendance System before 26-1-2015

No: 11013/9/2014- Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances,& Pensions
Department of Personnel & Training
New Delhi, dated 21st November 2014.

OFFICE MEMORANDUM

Sub: Introduction of AADHAR Enabled Bio-metric Attendance System

It has been decided to use an AADHAR Enabled Bio-metric Attendance System (AEBAS) in all offices of the Central Government, including attached/ sub-ordinate Offices, in India. The system will be installed in the offices located in Delhi/ New Delhi by 31st December 2014. In other places this may be installed by 26th January 2015
2. The equipment will be procured by the Ministries/ Departments as per specifications of DeitY on DGS&D Rate Contract from authorized

AADHAR-Enabled-Bio-metric-Attendance-System
vendors. The expenditure will be met by the Ministries/ Departments concerned under their O.E. The manual system of attendance may be phased out accordingly.
3. The Department of Electronics and Information Technology (DeitY) will provide the technical guidance for installing the system. The equipment already procured by DeitY have a built in AMC of three years. The Ministries/ departments may ensure that the equipment being procured by them have similar provision.
4. Biometric attendance system is only an enabling platform. There is no change in the instructions relating to office hours, late attendance etc. which will continue to apply. As per extant instructions, (contained in DoPT O.M. No: 28034/8/75- Estt-A dated 04-07-1975; No:28034/10/75-Estt-A dated 27-08-1975; No: 28034/3/82 —Estt-A dated 05-03-1982) half—a-day’s Casual Leave should be debited for each day of late attendance, but late attendance upto an hour, on not more than two occasions in a month, and for justifiable reasons may be condoned by the competent authority. In addition to debiting Casual Leave (or Earned Leave, when no CL is available). Disciplinary action may also be taken against government servants who are habitually late. Early leaving is also to be treated in the same manner as late coming.
5. These orders come into force with immediate effect.
6. All Ministries/ Departments are requested to bring this to the notice of all concerned.

(J.A aidyanathan)
Director (Establishment)