CCS (JOINING TIME) RULES

CCS (JOINING TIME) RULES

In exercise of the powers conferred by the proviso to Article 309 and Clause (5) of Article 148 of the Constitution and after consultation with the Comptroller and Auditor-General in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:—

1. Preliminary

(1) These rules may be called the Central Civil Services (Joining Time) Rules, 1979.

(2) They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.

(3) These rules shall apply to all Government servants appointed in Civil Services and posts under the Central Government including work-charged staff but shall not apply to -

(a) Railway employees,

(b) Armed Forces Personnel and those paid from the Defence Services Estimates,

(c) Government servants engaged on contract and those who are not in whole-time employment of Government.

(d) Government servants, paid out of contingencies.

2.(1) When a Government servant to whom these rules apply is transferred to the control of another Government or organization, which has made separate rules prescribing amount of joining time, his Joining Time for the journey o join his post under that Government /organization and for the return journey, will be governed by those rules, unless different provisions are expressly made in the terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities.

(2) The Joining Time of railway employees, Armed Forces Personnel and those paid from Defence Services Estimates and the employees of State Government or any other organization who are appointed to Civil Services and posts under the Central Government on deputation or on foreign service basis, shall, for joining the Civil Services and posts under the Central Government and for the return journeys, be regulated in accordance with these rules, unless different provisions are expressly made in their respective terms, of deputation/foreign service, by mutual agreement between the lending and borrowing authorities.

3. Definitions

Unless there is Something repugnant in the subject or context, the terms defined in these rules are used in these rules in the sense hereinafter explained:-

(a) “Department of Government of India” means a Ministiy or Department of the Central Government as notified from time to time and any other authority which exercises the powers of a Department/Ministry of the Government of India.

[ In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules. ]

(b) “Head of Department” means the authority declared as such under the Delegation of Financial Powers Rules, 1978. In the case of the Indian Audit and Accounts Department, Head of Department means the authority declared as such by the Comptroller and Auditor-General of India.

(c) “Joining Time” means time allowed to a Government servant in which to join a new post or to travel to a Station to which he is posted.

(d) “Transfer” means the movement of a Government servant from one post to another either within the same Station or to another station to take up duties of a new post or in consequences of change of his headquarters.

4. Joining Time

(1) Joining time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station. No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.

(2) The surplus staff transferred from one post to another under the Scheme Regulating Redeployment of Surplus Staff shall be eligible for joining time.

(3) Government servants who are discharged due to reduction of establishment from one Central Government office and reappointed to another Central Government office shall be entitled to joining time, if the orders of appointment to the new post are received by them while working in the old post. If they are appointed to the new post after being discharged from the old post, the period of break may be converted into joining time without pay by the Head of Department, provided that the break does not exceed 30 days and the Government servant has rendered not less than 3 years continuous service on the date of his discharge.

(4) For appointment to posts under the Central Government on the results of a competitive examination and/or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time under these rules. But temporary employees of the Central Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.

5. (1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon.

(2) The joining time shall be calculated from old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters, or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer.

(3) Not more than one day’s joining time shall be allowed to a Government Servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term ‘same station’ will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities. notified areas or cantonments as are contiguous to the named municipality. etc.

(4) In cases involving transfer from one Station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).

Distance between the old headquarters and the new headquarters	Joining Time admissible	Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 kms:
1,000 km or less	10 days	12 days
More than 1,000 km	12 days	15 days
More than 2,000 km	15 days except in cases of travel by air for which the maximum will be 12 days.	15 days

NOTE.— Distance means actual distance and not weighted mileage for which fare is charged by the Railways in certain ghat/hill sections.

(5) Extension of joining time beyond the limits indicated in Rule 5 (4) can be granted up to the maximum limit of 30 days by the Head of Department and beyond 30 days by the Department of the Government of India, the guiding principle being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, if any, following the extended joining time. While computing the transit time, allowance could be made for the time unavoidably spent due to disruption of transport arrangements caused by strike or natural calamities, or the period spent awaiting the departure of the steamer.

6. (1) When a Government servant joins a new post without availing full joining time by reasons that:-

(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or

(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family;

the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave:

Provided that the earned leave at his credit together with the unavailed joining time allowed to be so credited shall not exceed 240 days.

(2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

(3) If a Government servant in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of up to the date of receipt of revised orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place, at which he received the revised orders as if he is transférred from that place.

7. Joining Time pay

A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.

8. Miscellaneous

Where any Ministry / Department of Government of India is satisfied that the operation of any of these rules causes undue hardship to any particular case, that Ministry or Department of the Government of India may by order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that no such order shall be made except with the concurrence of the Ministry of Home Affairs, Department of Personnel and Administrative Reforms.

9. If any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms.

10. All rules and instructions on the subject of joining time in force immediately before commencement of these rules and applicable to Government servants to whom these rules apply, are hereby repealed.

GOVERNMENT OF INDIA'S ORDERS

(1) Transit Time /Joining Time to cover journey from / to a remote locality while proceeding on/or returning from leave.— With the promulgation of the Central Civil Services (Joining Time) Rules, 1979, certain provisions of FRs and SRs and Government Orders thereunder relating to transit time / joining time admissible to Government servants to cover journeys from to a remote locality while proceeding on/or returning from leave or on transfer became inoperative. As regards joining time to remote localities on transfer, no difficulty was anticipated because Heads of Departments could allow joining time under Rule 5 (5) of the CCS (Joining Time) Rules, 1979. As regards joining time to remote localities during leave, it was proposed to make suitable provisions in the Central Civil Services (Leave) Rules. Pending amendment to the Leave Rules, some administrative instructions were issued vide this Department’s Office Memorandum No. 21011/12/79-Allowances, dated the 16th November, 1979 and No. 19011/30/81-Allowances, dated the 13th October, 1981 (not printed). Since revision of the Leave Rules has not been finalized, the following administrative instructions are issued in supersession of those Office Memorandums to cover cases of journey to/from remote localities while on leave:-

(i) A Government servant proceeding on leave from/to a place in the remote locality mentioned in Column 1 of the Annexure to this OM or returning from leave to/from the said place shall be entitled, once in a calendar year, to transit time each way to cover the period spent in journey between the said remote locality and the specified station at the scale prescribed in Column 3 of
that Annexure.

(ii) The concession is also admissible, while on leave, to a Government servant

(a) who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and

(b) who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.

(iii) A Government servant domiciled in the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and proceeding on leave to his home town in another Island of the Union Territory concerned, shall be entitled, once in a calendar year, to transit time to cover the period spent in journey by sea to the island in which his home town is located and vice versa while returning from leave. The transit time thus admissible shall be the actual number of days taken in the journey by sea subject to a maximum of seven days for each journey.

(iv) Where the outward journey falls in one calendar year and the return journey falls in the succeeding calendar year, the concession shall be counted against the calendar year in which the leave commences. In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during transit time shall be included.

(v) A Government servant domiciled in the Union Territory of Andaman and Nicobar islands or the Union Territory of Lakshadweep and recruited for service in the respective territory, when posted for service on mainland in public interest shall be entitled joining time, once a year, while proceeding to and returning from the Union Territories of Andaman & Nicobar islands and Lakshadweep on leave.

(vi) A Government servant, domiciled in any part of India other than Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and recruited whether within or outside that Union Territory for service there, while proceeding on leave from his post in one island in that Union Territory to his home town on the mainland to join his post in another island in that Union Territory shall be entitled to joining time on the same scale as provided in Para. I (i) above.

2. When a Central Government servant posted in the remote areas spends his leave Outside the Union Territory, the journey time from the place in the remote area to the Specified Station indicated in the Annexure and vice versa will be treated as free joining time if admissible under this Office Memorandum and in addition, the remaining journey time if any, in excess of 2 days could be allowed as free joining time under the provisions of Finance Ministry O.M. No. 20014/3/83.E IV, dated the 14th December, 1983. (See Appendix- 9)

Source--http://circulars.nic.in/WriteReadData/CircularPortal/D2/D02est/CCS-01082012.pdf

Submission of Immovable Property Return for the year 2010 (as on 1.1.2011)

No.26/1/2009-CS.I (PR)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
***

2nd Floor, Lok Nayak Bhawan, Khan Market, New Dlehi
Dated 6^th January, 2011

OFFICE MEMORANDUM

SUBJECT:     Submission of Immovable Property Return for the year 2010 (as on 1.1.2011)

---

      The undersigned is directed to say that as Ministries/ Departments are aware the annual statement of Immovable Property Return (IPR) in respect of Under Secretary and above level officers of the Central Secretariat Service is required to be submitted to CS-I Division of this Department. The IPR for the year 2010 furnishing information as on 1.1.2011 has now become due and is to be submitted latest by 31.1.2011.

2.       2. All the Ministries/ Departments are, therefore, requested to obtain and forward the IPR for the year 2010 from all the CSS officers of US and above level presently posted with them to this Department at the earliest (format enclosed). While furnishing the IPRs it may be ensured that usage of phrases such as “same as previous year” or “no change” are avoided and full particulars of the immovable property inherited/owned/ acquired or held are furnished in terms of Rule 18 of CCS(Conduct) Rules, 1964.

3.       3. Reference is also invited to this Department’s reminders issued vide O.M.s dated 22.11.2010 and 31.12.2010 for submission of IPR for the year 2009 (as on 1.1.2010) in repect of defaulting officers whose details have been posted in the website of this Department http://www.persmin.nic.in -- Central Services Wing -- CS Division -- Central Secretariat Services -- Property Returns. Ministries/ Departments are also once again requested to obtain the IPR from such defaulting officers and forward the same to this Department.

s/d
( V. Srinivasaragavan )
Under Secretary to the Government of India

Immovable Property for the year 2010 (as on 1.1.2011)

Revision of guidelines for framing / amendment / relaxation of Recruitment Rules

No. AB 14017/48/2010-Estt..(RR)
Government of India
Ministry of Personnel, Public Grievances & Pensions
(Department of Personnel & Training)
*************

New Delhi the 31st December, 2010

OFFICE MEMORANDUM

SUBJECT:     Revision of guidelines for framing / amendment / relaxation of Recruitment Rules.

      The undersigned is directed to state that instructions on framing / amendment of Recruitment Rules were issued in a consolidated form in this Department's OM No. AB. 14017/12/87-Estt.(RR) dated 18.3.1988. Subsequently, a number of orders and clarifications have been issued on the subject.

2. The existing instructions have been reviewed in consultation with WSC and consolidated in the form of "Guidelines on framing / amendment / relaxation of recruitment rules", a copy of which is enclosed. The number and the date of original OM has been referred in the relevant instructions for easy reference to the context. The Guidelines on framing / amendment / relaxation of recruitment rules along with the relevant instructions and existing model RRs are available on the DoPT websitewww.persmin.nic.in* in the dynamic form of Handbook on Recruitment Rules, 2010. This Department would continue to update these instructions from time to time.

2.       Hindi version will follow.

s/d
(Smita Kumar)
Director (E-I)

Click here to view the complete instructions...
http://persmin.gov.in/WriteReadData/Estt/AB.14017_48_2010-Estt.-RR-1.pdf
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NO. 18011/1/2010-Estt.(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
…..

North Block,New Delhi,
Dated the --

OFFICE MEMORANDUM

Subject :        Probation in various Central Civil Services.

       The undersigned is directed to say that the period of probation to be prescribed for different postslservices in Central Government have been laid down in this Department’s O.M. No. F.44/1/59-Ests.(A) dated 15.4.1959 as amended from time to time. Although instructions exist to the effect that save for exceptional reasons probation should not be extended for more than a year and no employee should be kept on probation for more than double the normal period apart from instructions for timely action on completion of probationlconfirmation, these are not invariably followed.

2. With a view to prevent Government servants from becoming possible victims of arbitrary actions or inordinate delay in considering completion of probationlconfirmation, the existing instructions on provisions regarding probation in the servicelrecruitment rules relating to Central Civil Services and Posts have been reviewed. It has now been decided that :-

(I)         If during the period of probation, a probationer has not undergone the requisite training course or passed the requisite departmental examinations if anybrescribed or has not been on dutyitraining for at least 75% of the probation period, the period of probation may be extended by such period or periods as may be necessary subject to the condition that the total period of probation does not exceed double the prescribed period of probation except in the cases mentioned in (ii) below:-

II)        the period of probation may be extended for such period as the Central Government may think fit in the circumstances of the case in respect of a probationer who is:

a)        under suspension;

b)        against whom disciplinary proceedings are pending; or

c)        against whom prosecution for criminal charge is pending.

III)        Where a probationer who has completed the period of probation to the satisfaction of the Central Government is required to be confirmed, he shall be confirmed in the SewicelPost at the end of his period of probation, having been completed satisfactorily. In such cases, where no order extending the probation period has been issued and no order of confirmation is issued within one year of completion of the prescribed period of probation, the probationer would be deemed to be confirmed in the servicelpost.

3.        In the Service/Recruitment Rules for all Central Civil Services and Posts, in addition to the period of probation, wherever prescribed. corresponding provisions, as in para 2 above, may be incorporated in consultation with this Department in the light of the above instructions.

4.         The Hindi Version of this O.M. will follow.

(P.Prabhakaran )
Director

Click here to view the DOPT order...

inalization of Common Seniority List(CSL) in the grade of LDC of CSCS for the select list years 1994 &1995-reg

No.20/87/2010-CS-II
Government of India
Ministry of Personnel,Public Grievances &Pensions
Department of Personnel &Training

Lok Nayak Bhavan,New Delhi-3
Dated,the 5th January 2011

OFFICE MEMORANDUM

Subject: - Finalization of Common Seniority List(CSL)in the grade of LDC of CSCS for the select list years 1994 &1995-reg.


The undersigned is directed to refer to this Department's O.M of even number dated 4th November, 2010 circulating thereby the draft Common Seniority List in respect of LDCs for the years 1994 & 1995. All the cadre units of CSCS were requested to bring to the notice of this department the factual inaccuracies/deficiencies, in the common seniority list of LDCs for the select list year 1994 &1995. A large number of communications were received which were examined in this department.

2 It is noted that most of the representations related to corrections regarding names and date of birth of LDCs and the same carried out in the list. On the basis of the information received from cadre units and individuals and also re-verifying seniority lists of the cadre units,necessary corrections have been made in the common seniority lists. The senioriry in respect of departmental examination candidates for the years 1994 & 1995 have been fixed in accordance with this department's O.M No. 3/4/95-CS II dated 11th June 1997. Accordingly the Common Seniority List of LDCs for the select lists years 1994 & 1995 have been finalized and may be seen on the website of this department i.e

www.http://persmin.nic.in
Central Services Wing
CS Division
Central Secretariat Clerical Service
Common Seniority List

3 The cadre units are requested to invariably mention CSL number in future correspondence relating to the seniority lists of LDCs for the select list years 1994 & 1995.

(J Minz)
Under Secretary to the Govt of India

Click here to view the Common Seniority of LDCS Select List Year 1994 & 1995

Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties

No. 11012(4)/2008-Estt. (A)

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

North Block,

New Delhi,

Dated the 20th March, 2008

OFFICE MEMORANDUM

Subject:  Disciplinary jurisdiction of Election Commission of India over Government servants deputed for election duties.


Sir,

The undersigned is directed to refer to the Department of Personnel and Training’s O.M. No. 11012/7/98-Estt. (A) dated 07.11.2000 (copy enclosed) on the above mentioned subject and to say that the Election Commission have observed that the Governments in many cases do not initiate proceedings promptly against Government servants on the Commission’s recommendations.

2. As per the aforementioned O.M. dated 07.11.2000, disciplinary action against officers, staff and police personnel deputed on election duties shall be governed by the principles and decisions agreed to between the Union Government and the Election Commission and as recorded by the Hon’ble Supreme Court of India in its Order dated 21.09.2000 in Writ Petition (C) No 606 of 1993 (Election Commission of India vs. Union of India and Ors.). The terms of settlement were as follows :-

“The disciplinary functions of the Election Commission over officers, staff and police deputed to perform election duties shall extend to 

(a) Suspending any officer/official/police personnel for insubordination or dereliction of duty;

(b) Substituting any officer/official/police personnel by another such person, and returning the substituted individual to the cadre to which he belongs, with appropriate report on his conduct;

(C) making recommendation to the competent authority, for taking disciplinary action, for any act of insubordination or dereliction of duty, while on election duty. Such recommendation shall be promptly acted upon by the disciplinary authority, and action taken will be communicated to the Election Commission; within a period of 6 months from the date of the Election Commission’s recommendations;

(d) the Government of India will advise the State Governments that they too should follow the above principles and decisions, since a large number of election officials are under their administrative control.”

It has been brought to the notice of this Department by the Election Commission of India that in many cases the Governments concerned do not initiate promptly disciplinary action against the delinquent officials as recommended by the Commission as envisaged in the aforesaid agreement.


3. The instructions issued in terms of the DOPT’s CM. dated 07.11.2000 are, therefore, reiterated and it is emphasized that the terms of settlement have to be complied with while adhering to the provisions of the relevant disciplinary rules. The recommendations of the Election Commission made to the Competent Authority for taking disciplinary action for any act of insubordination or dereliction of duty while on duty shall be promptly acted upon by the disciplinary authority and action taken should be communicated to the Election Commission within a period of six months from the date of the Election Commission’s recommendations.


4. All Ministries/Departments are requested to bring the aforementioned Terms of Settlement and the contents of para 3 above to the notice of all concerned for information and compliance.
Yours faithfully,

(P. PRABHAKARAN)

Deputy Secretary to the Government of India

Office Memorandum from DOPT

Child Care Leave to Central Government employees - regarding

No. 13018 /1/2010-Estt. (Leave)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi, the 30^th December, 2010

OFFICE MEMORANDUM

Subject:    Child Care Leave to Central Government employees - regarding

The undersigned is directed to say that subsequent to issue of this Department OM of even number dated 07/09/2010, this Department has been receiving references from various Departments, seeking clarifications. The doubts raised are clarified as under:-


      1. Whether Earned Leave availed for any purpose can be converted into Child Care Leave? How should applications where the purpose of availing leave has been indicated as 'Urgent Work' but the applicant claims to have utilized the leave for taking care of the needs of the child, be treated?

Child Care Leave is sanctioned to women employees having minor children, for rearing or for looking after their needs like examination, sickness etc. Hence Earned Leabe availed specifically for this purpose only should be converted.

2.       2.Whether all Earned Leave availed irrespective of number of days i.e. less than 15 days, and number of spells can be converted? In cases where the CCL spills over to the next year (for example 30 days CCL from 27^th December), whether the Leave should be treated as one spell or two spells'?

No. As the instructions contained in the OM dated 7.9.2010 has been given retrospective effect, all the conditions specified in the OM would have to be fulfilled for conversion of the Earned Leave into Child Care Leave. In cases where the leave spills over to the next year, it may be treated as one spell against the year in which the leave commences.

3.       Whether those who have availed Child Care Leave for more than 3 spells with less than 15 days can avail further Child Care Leave for the remaining period of the current year'?

No. As per the OM of even number dated 7.9.2010, Child Care Leave may not be granted in more than 3 spells. Hence CCL may not be allowed more than 3 times irrespective of the number of days or times Child Care Leave has been availed earlier. Past cases may not be reopened.

4.       Whether LTC can be availed during Child Care Leave?

LTC cannot be availed during Child Care Leave as Child Care Leave is granted for the specific purpose of taking care of a minor child for rearing or for looking after any other needs of the child during examination, sickness etc.

Hindi version will follow.

s/d
(Simmi R. Nakra)
Director

Click here to view the DOPT order...

Central Civil Services (Classification, Control and Appeal) Rules, 1965 —Advice of the Union Public Service Commission (UPSC) reg. DOPT Order

No. 11012/10/2007-Estt. (A)
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)

North Block,
New Delhi — 110001.
Dated the 7th January, 2008.

OFFICE MEMORANDUM

Subject:     Central Civil Services (Classification, Control and Appeal) Rules, 1965 —Advice of the Union Public Service Commission (UPSC) to be communicated to the delinquent Government servant along with the final order of penalty.

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      The undersigned is directed to refer to the provisions of rule 32 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 and to say that the nature of consultation with the Union Public Service Commission (UPSC) and the manner of communication of the advice of the UPSC to the delinquent Government servant have been subject matter of litigation in some cases in CAT/High Courts etc. The questions raised from time to time are whether consultation with the UPSC under Article 320 (3) (c) of the Constitution is mandatory and binding on the appropriate authority; and whether a copy of the UPSC’s advice should be furnished to the Charged Officer before the order imposing a penalty is issued. The Hon’ble Supreme Court of India has finally decided the matter in its judgment dated the 19th April, 2007 in Civil Appeal No. 2067 of 2007 (Union of India and Another vs. T.V. Patel).

2. In the above judgment, the Hon’ble Supreme Court referred to the cases of State of U.P. vs. Mandbodhan LaI Srivastava (Constitution Bench of the Hon’ble Supreme Court) [1958 SCR 533] and Ram Gopal Chaturvedi vs. State of Madhya Pradesh (three Judge Bench) [1969 (2) 5CC 240] and did not agree with the contentions on behalf of the respondent that non-supply of a copy of the advice tendered by the UPSC before the final order was passed deprived the delinquent officer of making an effective representation and that it, therefore, vitiates the order The Hon’ble Supreme Court held as follows :-

      “In view of the law settled by the Constitution Bench of this Court in the case of Srivastava (supra) we hold that the provisions of Article 320(3)(c) of the Constitution of India are not mandatory and they do. not confer any rights on the public servant so that the absence of consultation or any irregularity in consultation process or furnishing a copy of the advice tendered by the UPSC, if any, does not afford the delinquent government servant a cause of action in a court of law.”

3. The judgement of the Hon’ble Supreme court in the case of S.N. Narula vs. Union of India and others [SLP(c)12188/2003], on the facts and circumstances of that case apparently did not

lay down any law. Whereas in the later judgement in T.V. Patel’s case delivered on 19.4.2007, the Appex Court has laid down law relying on two earlier decisions of the Apex Court, one of

the Constitution Bench and another of a three Judge Bench. In view of the judgment dated 19.04.2007 of the Hon’ble Supreme Court it is clear that the Disciplinary Authority is not required to furnish a copy of the advice tendered by the Union Public Service Commission to the Charged Officer before the final order of penalty is passed.

4. All Ministries/Departments/Offices etc. are, therefore, requested to comply with the existing provisions of CCS(CCA) Rules, 1965 and bring the contents of this O.M. to the notice of all concerned for adopting a uniform stand and to make serious efforts to get the litigation cases on this subject disposed of by the various courts on the basis of the law laid down by the Hon’ble Supreme Court in the judgements referred to in the preceding paragraphs.

(P. Prabhakaran)
Deputy Secretary to the Government of India

Click here to view the order...

Pension Rules for Employees of PSUs

Pension Rules for Employees of PSUs

Department of Public Enterprises (DPE) has issued orders which, inter alia, provide pension scheme within 30% ceiling of Basic Pay and DA. The Pension Scheme is to be framed and operated by the Central Public Sector Enterprises (CPSEs).

DPE has issued orders enhancing Gratuity to Rs. 10 lakh in respect of CPSEs employees

Source : PIB

Income Tax Deduction (TDS) from Salaried Employees

Income Tax Deduction (TDS) from Salaried Employees

In case of salary the employer should deduct Tax at the time of disburse the salary. This deduction is known as Tax Deducted at Source (TDS) from Salary. TDS from Salary is not like other TDS such as TDS from Contractors, TDS from interest etc. TDS other than salary is only a certain percentage of the payment is to be deducted. But TDS from salary should be full. The employer should deduct the actual Tax which is liable by the employee regarding salary and any other income disclosed by the employee.

When the Tax liability of an employee is calculated, the employer can deduct all permissible deduction such as certain investments, certain allowances etc. as per the Income Tax rule. The employee should declare his investments which may be deducted from their gross salary. These investments are come under section 80C of income tax Act and other related sections.

Let us see which investments are allowed to deduct from the gross salary or gross income as per income tax rule.

Under Section 80 C there is a list of financial instruments you can invest in for getting exemption. Under this section you can claim the total exemption up to Rs. 100000. It means Rs. 100000 or the sum total of all such investments in a financial year, whichever is less. Let us see which investments are eligible for getting exemption under section 80C.

Employees Provident Fund (EPF, GPF)
Employee’s provident fund (EPF for Private sector employees and GPF for Government employees) is a compulsory deposit as per the provident fund rule. At least the minimum amount must be deducted from employee’s salary by the employer and should be deposited in Provident Fund office or any related trust. (One can allow deducting more as voluntary contribution of provident fund) The provident fund amount may be enough to cover the maximum limit of Rs. 100000 under section 80C for higher salaried employees. The employee can get interest from the deposited amount and the interest is tax free as per the current income tax rules.

Public Provident Fund (PPF)
PPF is another good investment instrument which attracts exemption under section 80C. One can deposit a maximum amount of Rs, 700000 in a financial year in PPF and the interest on PPF also not taxable. This is a safe and good investment method and you can open it any post office or selected national banks. Read more about PPF

Equity Linked Savings Scheme (ELSS)
ELSS or Equity Linked Savings Scheme is a type of mutual fund where there is investing in equity shares and the lock in period is only 3 years. This is also considered as a tax saving instrument. The main advantage is that the lock in period is 3 years and other tax saving schemes has 5 years or more lock in period. This is a high risk investment, because the money is pooled to investing in Equity shares and the return also high.

Life insurance
All life insurance policy also qualified as tax saving scheme under section 80C. The premium actually paid for the financial year is eligible for deduction. But the premium amount in an year must not be more than 20% of the sum assured.


Unit Linked Insurance Plans (Ulips)
ULIPs are insurance plans with a combination of saving in mutual funds. This has two sided advantage is that the insurance and mutual fund saving will be do in one deposit.

Pension plans
Any recognized pension plan including new Pension Scheme is eligible for tax exemption.

NSC or National Saving Certificate
NSC is a post office investment scheme which has a tax saving benefit. It is a secured and safe investment scheme and the risk involved is very less. .Read more

SCS or Senior Citizen Saving Scheme
Senior Citizens Saving Scheme is a deposit scheme introduced by Government of India to provide a good return to senior citizen through a safe investment scheme and also ensure them a good regular income. This is also eligible for tax saving under section 80C.More about senior citizen Saving Scheme

Five year Tax Saving Fixed Deposits
To increase the popularity of Fixed Deposits 5 year special fixed deposits also allowed for tax exemption under section 80C. The lock in period is 5 years and the interest rate is around 8%.

Tuition Fee paid to recognized regular institution
Tuition fee paid for two children in a financial year also attracts tax deduction. Better you should pay tuition fee by cheque and get a certificate from the school or college. Keep in mind that only tuition fee is exempted and all other fee is not included in this exemption. Obtain a certificate from the education institution for availing this exemption.

Principal amount of home loan repayment
If you have taken home loan from a recognized financial institution you can claim the repayment of principal amount in the financial year. The loan and house should be in the name or joint name of the person who claims the exemption and the payment must be given from the bank account of the person who claims the exemption.

All the above mentioned items are for tax exemption under section 80C and the total amount of exemption is the total investment or Rs. 100000 whichever is less.


Other deductions form gross income:-

Infrastructure bonds
Under Section 80CCF you can claim additional exemption up to Rs. 20000 for the investment in Infrastructure bonds of certain recognized institutions.

Health Insurance
Under Section 80D you can claim exemption for the medical insurance premium up to Rs. 15000 (Rs, 20000 if any person insured is a senior citizen) for the insurance of self, spouse and children and another Rs. 15000 (Rs, 20000 if any person insured is a senior citizen) for the medical insurance of any parent or parents.

Interest on home loan
If you have taken loan for purchasing a house, you can claim an exemption up to Rs. 150000 for the interest payment of housing loan only if you paid the interest from your income and the loan and house must be in your name or you are the co owner of the house and co borrower of the loan.

Donation to approved institution or approved purpose
If you give donation to any approved institution or any approved purpose, your donation is allowed to get exemption under section 80G.Under section 80G you can claim exemption of 50% or 100% of donation as per the case and the approval and percentage of exemption will be on the receipt.

Handicapped dependents
If you or any of any of your dependents are handicapped you can claim a deduction up to Rs. 50000 for the medical treatment or for the deposit made for the maintenance of such person in any approved schemes. If the person has severe disability the allowable exemption is Rs. 100000. (Certificate required)

Deduction for medical treatment
If you or any of your dependents is suffering from any specified disease you can claim exemption of Rs. 40000 or the actual expense for the expenses of medical treatment and the limit is Rs. 60000 if the patient is a senior citizen. (Medical Certificate is required)

For all the above exemption you should submit a declaration and proof of relevant document to your employer in time. The employer can calculate your tax liability in consideration of this exemption and the TDS will be made accordingly.

Source: Investmentandmoneymatters

Amendment in the Rajasthan Government's General provident Fund Rules, 1997

GOVERNMENT OF RAJASTHAN
FINANCE DEPARTMENT
(RULES DIVISION)

NOTIFICATION

No.F.2(1)FD(Rules)/2008 Pt.I

Jaipur, dated 20 SEP 2010

Subject: Amendment in the Rajasthan Government's General provident Fund Rules, 1997.

In cxercise of the powers conferred by the provios to Article 309 of the Constitution of India and Rule 21 of the Rajasthan Service Rules, 1951, the Governor hereby makes the following rules further to amend the Rajasthan Government Servants' General Provident Fund Rules, 1997, namely :-

1. These rules may be called the Rajasthan Government Servants' General Provident Fund (Amendment) Rules, 2010.

2. They shall come into force with immediate effect.

3. In the existing clause (ii) of Rule 26, after the existing the existing words, "Director / Additional Director" and before the words "of the Department", the words, "/Joint Director" shall be inserted.

By Order of the Governer,
s/d
(Yaduvendra Mathur)
Secretary to the Government
Finance (Budget)

Benchmark for processing requests from employees

No.I-17011/11(4)/2008-H.III
Government of India
Ministry of Urban Development
(Housing -III section)
*****

Nirman Bhawan, New Delhi.
Dated:- the 27th Nov, 2008

OFFICE MEMORANDUM

Subject:     Benchmark for processing requests from employees

       The undersigned is directed to inform that benchmark for processing requests received in Admn. Division from employees of this Ministry have been fixed. A detailed list of items of work for which benchmarks have been fixed is enclosed herewith for information.

s/d
(Jitender Kumar)
Under Secretary (Admin.)

Sl.No.	Item	Section	Maximum days for processing of request
1	GPF Advance/withdrawal	Admn-II	5 days
2	TA Advance	Admn-II	5 days
3	TA Settlement Claim	Admn-II	5 days
4	LTC Advance	Admn-II	5 days
5	LTC Settlement Claim	Admn-II	5 days
6	Scooter/Computer/Motor Car Advance	Admn-II	5 days
7	Leave Encashment	Admn-I/IV	5 days
8	Reimbursement of Children Education Allowance	Admn-IV	5 days
9	Permission for medical treatment	Admn-III	3 days
10	Reimbursement of Medical Claim	Admn-II	5 days
11	Computer/Printer/Photocopier/Telephone complaints	Admn-III	2 days
12	Issue of parking lables	Admn-III	2 days
13	Issue of temporary pass	Admn-III	2 days
14	Issue of permanent pass	Admn-III	5 days

House Building Advance-enhancement in past cases-regarding

No.I-17011/11(4)/2008-H.III
Government of India
Ministry of Urban Development
(Housing -III section)
*****

Nirman Bhawan, New Delhi.
Dated:- the 27th Nov, 2008

OFFICE MEMORANDUM

Subject:     Interest bearing advances/Sixth Central Pay Commission recommendation on House Building Advance-enhancement in past cases-regarding.

       The undersigned is directed to say that the implementation of the recommendations of the Sixth Central Pay Commission relating to interest bearing advances, including House Building Advance, granted to Central Government employees is under consideration of the Government.

2.      Pending finalisation of the new arrangements, the matter has been examined in consultation with the Department of Expenditure and the following provisions for House Building Advance shall be in operation:

(i)       The maximum limit for grant of HBA shall be 34 months' of pay in the pay band subject to a maximum of Rs.7.50 lakh or cost of the house or the repaying capacity whichever is the least, for new construction/purchase of new house/flat.

(ii)       The maximum limit for grant of HBA for enlargement of existing house shall be 34 months' of pay in the pay band subject to a maximum of Rs. 1.80 lakh or cost of the enlargement or repaying capacity, whichever is the least.

(iii)       The cost ceiling limit shall be 134 times the pay in the pay band subject to a minimum of Rs.7.50 lakh and a maximum of Rs.30.00 lakh relaxable up to a maximum of 25% of the revised maximum cost ceiling of Rs.30.00 lakh.

4.       All Ministries/Departments of Government of India are requested to bring the contents of this O.M. to the notice of all concerned.

5.       These orders shall be effective from the date of their issue.

s/d
(V.K. Gupta)
Deputy Financial Adviser

Interest bearing advances/Sixth Central Pay Commission recommendation on House Building Advance-enhancement in past cases-regarding

No.I-17011/2(1)/2009-H.III
Government of India
Ministry of Urban Development
(Housing -III section)
*****

Nirman Bhawan, New Delhi.
Dated:- the 14th July, 2010

OFFICE MEMORANDUM

Subject:     Interest bearing advances/Sixth Central Pay Commission recommendation on House Building Advance-enhancement in past cases-regarding.

       The undersigned is directed to invite attention to this Ministry's O.M. No.I-17011/2(1)/2009-H.III dated 27th November, 2008 on the above subject and to say that it has been decided in consultations with Ministry of Finance to make the afore-said orders applicable with effect from 1st January, 2006. Accordingly, an enhancement of House Building Advance, if applied for, may be granted for an amount equivalent to the difference between the previously sanctioned amount and the new amount determined on the basis of pay in the pay band, in past cases, where HBA was sanctioned on or after 1-1-2006 but before 27-11-2008 subject to complying following conditions:-

(a)       The Government servant should not have drawn the entire amount of HBA sanctioned under earlier orders and /or where construction is not completed/full cost towards acquisition of house/flat is yet to be paid.

(b)       There will be no deviation from the approved plan of construction on the basis of which the original sanction of House Building Advacne was accorded. The revised cost of the original plan can, however, be considered for determining the additional amount, subject to the prescribed maximum limits.

(c)       Supplementary Mortgage Deed, Personal Bond and Sureties will be drawn and executed at the expense of the loanee.

(d)       The actual entitlement will be restricted to the repaying capacity computed on the basis of the formula laid down in this Ministry's O.M. No.I-17015/16/92-H.III. dated 17.10.2000. It should be ensured that the entire amount of advance with interest is recovered before retirement of the Government servant.

(e)      Rate of Interest: The rate of interest chargeable in such cases would be as per the slab applicable to the total sanctioned amount i.e. amount already sanctioned on or after 1-1-2006 but before 27.11.2008 plus the enhanced sanction. However, the new rate of interest would be chargeable only on collective amount that would remain outstanding on grant of enhancement so granted. Thus, the amount of HBA that has already been re-paid on old rates will not attract the fresh interest charges.

2.      However, the existing limit of maximum admissible amount of Rs.7.50 lakh for the purpose of construction/purchase of new house/flat and Rs.1.80 lakh would remain unchanged. In other words, the sum total of previously sanctioned HBA and the enhancement granted under these orders cannot exceed the aforesaid limits. In any case, not more than one enhancement is admissible to a Govt. employee.

3.       The applications for enhanced HBA should be submitted within six months from the date of issue of this order.

4.      Ministries/Departments whose branch offices are situated in the far flung areas like in case of Ministry of Defence, etc., are advised to give wider publicity to these orders through modern communication mean like facimile e-mail, web-sites etc. so that there is no occassion for any representation for extending the time limits of six months on the grounds of receiving these orders late.

s/d
(V.K. Gupta)
Deputy Financial Adviser

Eligibility of officers to be considered for promotion by DPC - - Fixing of crucial date of - clarification regarding

No.22011/3/98-Estt(D)
Government of India
Ministry of Personnel, P.G. and Pensions
(Department of Personnel & Training)

New Delhi-11001
August 14, 2003

OFFICE MEMORANDUM

Subject:     Eligibility of officers to be considered for promotion by DPC - - Fixing of crucial date of - clarification regarding.

      The undersigned is directed to invite attention to this Department's Office Memorandum of even number dated September 17, 1998 on the above-mentioned subject (copy enclosed) and to say that as stated therein, crucial date for determining eligibility of officers for promotion in the case of financial year based vacancy year would fall on 1st January imm

2.       The matter has been examined in consultation with Ministry of Finance. The Department of Expenditure vide UO No. 10/1/2009-IC dated 14.12.2009 (copy enclosed) had issued a clarification regarding manner in which pay of Assistants/PAs would be fixed consequent upon grant of revised pay structure of Grade Pay of Rs. 4600 in the pay band PB-2 to them on the basis of OM dated 16.11.2009.

3.       In this context, it is clarified that benefit of stepping up of pay as per Note 10 under Rule 7 of CCS(RP) Rules 2008 would be admissible to senior Assistants/PAs of CSS/CSSS promoted prior to 01.01.2006 and drawing less pay than Assistants/PAs of CSS/CSSS promoted after 01.01.2006.

4. All Ministries/Departments may regulate stepping up cases of Assistants/PAs of CSS/CSSS accordingly.

s/d
(K.Suresh Kumar)
Under Secretary to the Government of India

Click here to view the attachment order...

EXTRACTS FROM THE GPF (CS) RULES, 1960

EXTRACTS FROM THE GPF (CS) RULES, 1960

Rule – 12: Advances from the fund




    (1)     The appropriate sanctioning authority may sanction the payment to any subscriber of an advance consisting of a sum of whole rupees and not exceeding in amount three months’ pay or half the amount standing to his credit in the Fund,
whichever is less, for one or more of the following purposes.



(a)     to pay expenses in connection with the illness, confinement or a disability, including where necessary, the traveling expenses of the subscriber and members of his family or any person actually dependent on him;



(b)     to meet cost of higher education, including where necessary the traveling expenses of the subscriber and members of his family or any person actually dependent on him in the following cases, namely :-



    (ii)     for education outside India for academic, technical, professional or vocational course beyond the High School
stage; and



    (ii)     for any medical, engineering or other technical or specialized course in India beyond the High School stage, provided that the course of study is for not less than three years.



(c)     to pay obligatory expenses on a scale appropriate to the subscriber’s status which by customary usage the subscriber
has to incur in connection with betrothal or marriages, funerals or other ceremonies;



(d)     to meet the cost of legal proceedings instituted by or against the subscriber, any member of his family or any person actually dependent upon him, the advance in this case being available in addition to any advance admissible for the same purpose from any other Government source.



(e)     to meet the cost of the subscriber’s defence where he engages a legal practitioner to defend himself in an enquiry in respect of any alleged official misconduct on his part.



(f)     to purchase consumer durables such as TV, VCR/VCP, washing machines, cooking range, geysers and computers.



    (1-A)     The president may, in special circumstances, sanction the payment to any subscriber of an advance if he is satisfied that the subscriber concerned requires the advance for reasons other than those mentioned in sub-rule (1).



    (2)     An advance shall not, except for special reasons to be recorded in writing, be granted to any subscriber in excess of the limit laid down in sub-rule (1) or until repayment of the last installment of any previous advance.



    (3)     When an advance is sanctioned under sub-rule (2) before repayment of last installment of any previous advance is completed, the balance of any previous advance not recovered shall be added to the advance so sanctioned and the
installments for recovery shall be fixed with reference to the consolidated amount.




Rule – 15:     Withdrawals from the Fund



    (1)     Subject to the conditions specified therein, withdrawals may be sanctioned by the authorities competent to sanction an advance for special reasons under sub-rule (2) of Rule 12, at any time –



    (A)     after the completion of (fifteen) years of service (including broken periods of service, if any) of a subscriber or within then years before the date of his retirement on superannuation, whichever is earlier, from the amount standing to his credit in the Fund, for one or more of the following purposes, namely :-



(a)     meeting the cost of higher education, including where necessary, the traveling expenses of the subscriber or any child of the subscriber in the following cases, namely :-
    (i)     for education outside India for academic, technical, professional or vocational course beyond the High School stage; and



    (ii)     for any medical, engineering or other technical or specialized course in India beyond the High School stage;



(b)     meeting the expenditure in connection with the betrothal/marriage of the subscriber or his sons or his daughters, and any other female relation actually dependent on him;



(c)     meeting the expenses in connection with the illness, including where necessary, the traveling expenses of the subscriber and members of his family or any person actually dependent on him ;



(d)     meeting the cost of consumer durables such as TV, VCR/VCP, washing machines, cooking range, geysers and computers.

    (B)     during the service of a subscriber, from the amount standing to his credit in the Fund for one or more of the following purposes, namely :-



(a)     building or acquiring a suitable house or ready-built flat for his residence including the cost of the site, or any payment
towards allotment of a plot or flat by the Delhi Development Authority, State Housing Board or a House Building
Society;



(b)     repaying an outstanding amount on account of loan expressly taken for building or acquiring a suitable house or readybuilt flat for his residence;



(c)     purchasing a house-site for building a house thereon for his residence or repaying any outstanding amount on account of loan expressly taken for this purpose;



(d)     reconstructing or making additions or alterations to a house or a flat already owned or acquired by a subscriber;



(e)     renovating, additions or alterations or upkeep of the ancestral house or a house built with the assistance or loan from
Government;



(f)     constructing a house on a site purchased under Clause (c);



    (C)     within twelve months before the date of subscriber’s retirement on superannuation from the amount standing to the credit in the Fund, without linking to any purpose.




Rule – 16:     Conditions for withdrawal



    (1)     Any sum withdrawn by a subscriber at any one time for one or more of the purposes specified in Rule 15 from the amount standing to his credit in the Fund shall not ordinarily exceed one-half of such amount or six months’ pay, whichever is
less. The sanctioning authority may, however, sanction the withdrawal of an amount in excess of this limit up to ¾ of the balance at his credit in the Fund having due regard to (i) the object for which the withdrawal is being made, (ii) the status the subscriber, and (iii) the amount to his credit in the Fund [in case of withdrawal under Clause(A) and up to 90% of balance at credit in cases of withdrawals under clause (B) of sub-rule (1) of Rule 15.



    (2)     A subscriber who has been permitted to withdraw money from the Fund under Rule 15 shall satisfy the sanctioning authority within a reasonable period as may be specified by the authority that the money has been utilized for the purpose for which it was withdrawn, and if he fails to do so, the whole of the sum so withdrawn or so much thereof as has not been applied for the purpose for which it was withdrawn shall forthwith be repaid in one lump sum by the subscriber to the Fund and in default of such payment, it shall be ordered by the sanctioning authority to be recovered from his emoluments either in lump sum or in such number of monthly installments, as may be determined by the President.

CIRCULAR ON RULES AND PROCEDURES FOR PROCESSING OF ADVANCE/WITHDRAWAL/REFUND

No. NITR/BOT/Circular/07/M/295

Dt: 21-08-2007

Sub:- Rules and Procedures for Processing of Advance/Withdrawal/Refund-reg.

        For some time, our Institute has been recommending undue requests of GPF/CPF subscribers for advances / withdrawals in violation of Govt. guidelines. This is attracting criticism of Audit and exposing BOT officials to disciplinary action. Depleted PF balances are also reducing protection of our employees after retirement.



        In view of the above it is decided that the following rules and procedures will be strictly followed while processing cases of advance, withdrawal or refund w.e.f. the date of issue.



I.     Eligibility:
        A subscriber can apply for temporary advance at any time after commencement of subscription and for withdrawals after completion of 15 years of service or within 10 years before the date of retirement on superannuation, which ever is earlier, for purposes mentioned in Rule 15(1)(A) and any time after commencement of subscription for purposes mentioned in Rule 15(1)(B), except during last 3 months of service.



II.     Purpose:
        Applications for advance/withdrawal for any purpose other than those contained in Rule 12(1)/15(1) will not be entertained
/ processed. However, withdrawal(s) during last 12 months of service may be sanctioned without linking to any purpose.



III.      Quantum:
        Advances from the fund will be sanctioned for an amount not exceeding 3 months pay or half the amount standing to the credit of the applicant subscriber whichever is less. Similarly, withdrawals from the fund will be sanctioned for an amount not exceeding 6 months pay or half the amount standing to the credit of the applicant subscriber whichever is less.



IV.     Subsequent Advance/Withdrawal:
        Subsequent advance will be sanctioned only after 30 days of recovery of the last installment and/or full refund of outstanding balance of the previous advance(s), if any. Application for subsequent withdrawal for any purpose for which a withdrawal has been sanctioned to the subscriber in any earlier occasion will be processed according to GoI, Dept. of Pen & PW, Notification No. 45/44/97-P & PW (F), dated 18.11.1998.



V.      Time Gap:
        At least 6 months time gap will be maintained between any two advances and/or withdrawals.



VI.      Disbursement
        Disbursement of sanctioned amount of advances and withdrawals will be made twice (on 10th & 25th) every month for general cases and once (on 10th) every month for special cases. Where 10th and 25th happens to be a Saturday/Sunday/Holiday disbursement will be made in the

next working day.



VII.     Processing Period

        Applications for advance/withdrawals must be submitted at least 3 working days before the designated dates for disbursement



VIII.      Exceptional Cases



    (a)      Advances in excess of the limit laid down in Rule12(1) or until repayment of the last installment of any previous advance,withdrawals in excess of the limit (up to 75% of the accumulations) in excess of the limit laid down in Rule 15 (1), and applications for subsequent advance and/or withdrawal within 6 months will not be considered/sanctioned, except for any special reasons, to be intimated by the applicant subscriber and to be approved by the Director, in writing.



    (b)      Similarly, applications for advance/withdrawal in less than 3 working days and/or requesting disbursement in any date
other than 10thand 25th will not be considered, except for any emergency case(s) to be intimated by the applicant subscriber and agreed by the Chairman, BOT in writing.



IX.      Refund
        Refund of withdrawals and partial refund of advances will not be entertained under any circumstances. Refund of whole outstanding advance will be accepted only within the first week of every month and subject to the condition that the subscriber will not apply for another advance within the next 30 days.



X.     Application
        All applications for advance / withdrawal are to be in the new prescribed format available with the BOT section (sample copy enclosed).



XI.      General
        Rules referred in this circular are of General Provident Fund (Central Services) Rules, 1960. Any other cases not covered in this circular will be as per General Provident Fund (Central Services) Rules, 1960 or Contributory Provident Fund (India) Rules, 1962 or Provident Fund Act, 1925 as the case may be. This circular supersedes all circulars issued in this regard till date. This issues with the approval of the competent authority.

Sd/-

Secretary, BOT

CC to :
1. All HODs/HOOs for wide circulation among staff members.

2. Chairman, BOT for information

3. Secretary to Director for kind information of Director.

New Dimensions added to Women & Child Development Year and Review 2010

Protection of Women against Sexual Harassment at Workplace Bill 2010 introduced in Lok Sabha on 7^th December

A New Scheme for Adolescent Girls: Rajiv Gandhi Scheme for Empowerment of Adolescent Girls- SABLA, launched on 19^thNovember

A New Scheme for Pregnant and Lactating Women: Indira Gandhi Matritva Sahyog Yojana (IGMSY) approved in October

11.95 lakhs Anganwadis Operational to Provide Nutrition Support to Children

A number of new initiatives for the welfare of women and children were taken up during 2010.  In a landmark initiative, Protection of Women against Sexual Harassment at Workplace Bill 2010 was introduced in Lok Sabha on 7th December 2010. Salient features of the Bill are:

• The Bill proposes a definition of sexual harassment, which is as laid down by the Hon'ble Supreme Court in Vishaka v. State of Rajasthan (1997). Additionally it recognises the promise or threat to a woman's employment prospects or creation of hostile work environment as 'sexual harassment' at workplace and expressly seeks to prohibit such acts.

• The Bill provides protection not only to women who are employed but also to any woman who enters the workplace as a client, customer, apprentice, and daily wageworker or in ad-hoc capacity. Students, research scholars in colleges/university and patients in hospitals have also been covered. Further, the Bill seeks to cover workplaces in the unorganised sectors.

• The Bill provides for an effective complaints and redressal mechanism. Under the proposed Bill, every employer is required to constitute an Internal Complaints Committee. Since a large number of the establishments (41.2 million out of 41.83 million as per Economic Census, 2005) in our country have less than 10 workers for whom it may not be feasible to set up an Internal Complaints Committee (ICC), the Bill provides for setting up of Local Complaints Committee (LCC) to be constituted by the designated District Officer at the district or sub-district levels, depending upon the need. This twin mechanism would ensure that women in any workplace, irrespective of its size or nature, have access to a redressal mechanism. The LCCs will enquire into the complaints of sexual harassment and recommend action to the employer or District Officer.

• Employers who fail to comply with the provisions of the proposed Bill will be punishable with a fine which may extend to Rs. 50,000.

• Since there is a possibility that during the pendency of the enquiry the woman may be subject to threat and aggression, she has been given the option to seek interim relief in the form of transfer either of her own or the respondent or seek leave from work.

• The Complaint Committees are required to complete the enquiry within 90 days and a period of 60 days has been given to the employer/District Officer for implementation of the recommendations of the Committee.

• The Bill provides for safeguards in case of false or malicious complaint of sexual harassment. However, mere inability to substantiate the complaint or provide adequate proof would not make the complainant liable for punishment.

The Government also launched a new scheme for adolescent girls called the Rajiv Gandhi Scheme for Empowerment of Adolescent Girls– SABLA.  The Scheme was launched on 19.11.2010 on the birth anniversary of Smt. Indira Gandhi to address multi-dimensional problems of adolescent girls between 11 to 18 years.  The scheme would be implemented through platform of Integrated Child Development Services (ICDS) projects and Anganwadi Centers (AWCs) initially on a pilot basis in 200 select districts across the country.  Around 1 crore adolescent girls of 11 to 18 years per annum are expected to be covered under the scheme during the initial years.  The government has made an allocation of Rs. 1,000 crore for the scheme in 2010-11. SABLA is a Centrally-sponsored scheme implemented through the State Governments/UTs with 100% financial assistance from the Central Government for all inputs except Nutrition (of Rs. 5 per day per girl) where state government would share 50% cost. ‘SABLA’ aims at empowering adolescent girls of 11-18 years by improvement in their nutritional and health status and upgrading various skills like home skills, life skills and vocational skills.  It also aims at equipping the girls on family welfare, health, hygiene etc. and information and guidance on existing public services along with aiming to mainstream out of school girls into formal or non-formal education.  Nutrition would be provided to all 11 to 15 years out of school girls and all girls – whether school going or out of school-in the age of 15 to 18 years. An integrated package of services for adolescent girls is envisaged to provide i) Nutrition provision @ Rs. 5 Per beneficiary –per day for 300 days  in a year;  ii) IFA supplementation ; iii) Health check-up and Referral Services; iv) Nutrition and Health Education NHE);  v) Counseling/Guidance on family welfare, ARSH, child care practices and home management.  Vi) Life Skill Education and accessing public services; vii) Vocational training for girls aged 16 and above under National Skill Development Programme (NSDP). The Scheme is expected to tackle the intergenerational cycle of malnutrition in an effective manner since these girls would be the mothers of the next generation.  The scheme also provides an opportunity for other ministries and departments to target these adolescent girls at the AWC through SABLA for an integrated approach.  With due attention and care given by the States and UTs in implementation of this ambitious scheme, it would in the long term yield in reduction of high  levels of anemia, MMR Child Marriages, early births and other social malpractices as also  enhance the self esteem , social and economic  status of women.

Similarly Indira Gandhi Matritva Sahyog Yojana (IGMSY) was approved by Government of India, to be implemented in 52 districts across the country on a pilot basis. It is a Conditional Maternity Benefit (CMB) scheme, aims at improving the health and nutrition status of pregnant & lactating (P&L) women. The Scheme envisages providing cash to P&L women of 19 years & above for first two live births (all Governments/PSUs (Central & State) employees will be excluded as they are entitled for paid maternity leave) during pregnancy and lactation period. Each of the beneficiaries will be paid Rs. 4000/- in three installments between the second trimester till the child attains the age of 6 months on fulfilling the following conditions:-

Cash Transfer	Conditions
Rs. 1500 (at the end of second trimester)	Registration of pregnancy within 4 months One ante natal checkup (minimum) Attending counseling session (minimum one)
Rs. 1500 (three months after delivery)	Child birth registration Immunization Attending growth monitoring and counseling sessions
Rs. 1000 (6 months after delivery)	Exclusive breastfeeding for 6 months & introduction of complementary feeding (self certification by mother) Immunization Attending growth monitoring and counseling sessions

Around 13.8 lakh P & L women per annum are expected to be benefited under the scheme. IGMSY is a centrally sponsored scheme which would be implemented through ICDS infrastructure at the State, District and grassroots level Cells with 100% financial assistance from the Ministry of Women and Child Development.  

Integrated Child Protection Scheme (ICPS) was introduced in 2009-10, with the objective of creating a safe and secure environment for children in difficult circumstances.  This year, the coverage of the scheme has been expanded to 30 States which have signed Memorandum of Understanding for implementation of the Scheme.  The implementation of Juvenile Justice Act, 2000 has been pursued actively and 486 Child Welfare Committees and 516 Juvenile Justice Boards have been set up till October, 2010.

In Integrated Child Development Services (ICDS) scheme the number of operational Anganwadi Centers and Projects have increased to 11.95 lakhs (out of 13.67 lakhs sanctioned) and 6615 Projects (out of 7015 sanctioned) respectively.  Common Mother and Child Protection card for ICDS and NRHM to strengthen the curriculum of care of pregnant women and children less than three years of age was introduced. National Nutrition Week was celebrated from 1-7^th September on the theme of ‘Nutrition Promotion for a Stronger Nation.’

A delegation to IBSA (India-Brazil-South Africa) Women’s Forum in Brazil visited Brasilia between 13-15 April, 2010 led by MOS(IC) WCD Smt. Krishna Tirath to participate on the issues of consequences of the impact of Global Financial Crisis on Women’s lives and violence against women.

National Conference of State Ministers and Secretaries was held on 16-17 June, 2010 in New Delhi which was chaired by MOS(IC) WCD Smt. Krishna Tirath to discuss the agenda on ICDS, ICPS, SABLA, IGMSY, Domestic Violence Act, Dowry Prohibition Act and Child Marriage Prevention Act.

National Child Awards for exceptional achievements were awarded to 26 children by the President of India.  National Award for Child Welfare for 2009 to 5 institutions and 3 individuals and Rajiv Gandhi Manav Seva Award for 2009 to 3 individuals were also given.

Bal Bandhu Scheme approved under the Prime Minister’s Relief Fund for a period of 3 years to be implemented by National Commission for Protection of Child Rights NCPCR in 10 districts of 5 States namely Andhra Pradesh, Assam, Bihar, Chhattisgarh and Maharashtra with the aim to protect the rights of children in areas of civil unrest.

A composite outreach event, Vatsalya Mela combining information in all schemes and services relating to the Ministry and various events was held at Delhi Haat for six days from 14-19^th November, 2010.

Carings is a web based MIS portal for child adoption being developed by Central Adoption Resource Authority CARA to streamline the adoption procedures and to establish transparency in the process. It will provide for provisional on-line registration of Indian parents for domestic adoption and also status tracking by the parents.  The software is in the final stage of preparation.

National Mission for Empowerment of Women: The National Mission for Empowerment of Women was launched on 8^th March, 2010. The National Mission Authority is headed by the Prime Minister with 13 participatory Ministries, Deputy Chairman of Planning Commission, Chairperson of the National Commission for Women, Chief Ministers of Andhra Pradesh and Bihar (by rotation) and 5 eminent persons from civil society as its members. The Central Monitoring Commission (CMC) under the National Mission Authority is headed by the Hon’ble Minister of Women and Child Development. The first meeting of the CMC was held on 14^th July, 2010 to take stock of all the convergence issues with different Ministries/Departments.

source-PIB

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