Immovable Property Return filing for the year 2019 – Instructions to IAS officers
GOVERNMENT OF INDIA
DEPARTMENT OF PERSONNEL & TRAINING
MINISTRY OF PERSONNEL, PUBLIC
GRIEVANCES AND PENSIONS
NORTH BLOCK NEW DELHI-110001
21st November, 2019
D.O.No.6(1)/2014-EO (PR)
Dear Secretary
Rule 16(2) of AIS (Conduct) Rules, 1968 provides that every member of the Service shall submit an annual return in such form as may be prescribed by the Government in this regard, giving full particulars regarding the immovable property inherited by him or owned or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person. In terms of the instructions vide OM No.8/9/60-AIS(III) dated 16.02.1960 and OM No.11017/74/93-AIS(III) dated 04.01.1994 issued under this Rule, every member of the service is required to submit annual immovable property return by 31st January of the next year. Failure on the part of the members of the Service to comply with the requirements of the aforesaid provisions constitutes good and sufficient reason for institution of disciplinary proceedings, among other things vide this Department’s OM No.104/33/2005-AVD-I dated 29.10.2007 and 07.09.2011, against them.
2. In order to further facilitate the filing of IPR’s, this Department has vide- DO No.6(1)/2014-EO (PR) dated 22.12.2016 introduced online filing of IPR in respect of IAS officers w.e.f. 1st January, 2017 through the Module designed for the purpose. Through this Module, the officers can submit the IPR either electronically or upload scanned copy of the manually filled in IPR. This online Module closes automatically after the prescribed timeline of 31st January, 2020 in respect of the calendar year 2019.
3. I would, therefore, request you to kindly issue necessary instructions to all IAS officers working in your Ministry / Department and its various organizations, to ensure that they submit their IPRs online in the IPR Module for the year ending on 31st December, 2019, as per the prescribed timeline.
Economic Survey’s Recommendation on Retirement Age to 70 Years
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 1234
ANSWERED ON: 25.11.2019
Economic Survey’s Recommendation on Retirement Age
Lavu Sri Krishna Devarayalu Will the Minister of
FINANCE be pleased to state:-
(a) whether it is true that the Economic Survey presented this year recommends an increase in retirement age for employees to 70 years;
(b) if so, the details of the recommendation along with its status;
(c) whether it is true that the Ministry is planning to bring a new proposal of 33 years of service or 60 years whichever is less for Central Government employees instead of implementing the above recommendation; and
(d) if so, the details thereof and the reasons therefor along with its status?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI ANURAG SINGH THAKUR)
(a) The Economic Survey 2018-19 did not recommend an increase the retirement age for employees to 70 years. It merely highlighted the experience of other major countries.
(b) Does not arise.
(c) Presently, there is no proposal in the Government to fix the retirement age of Government employees as 60 years or 33 years of service, whichever is earlier.
GOVERNMENT OF INDIA
MINISTRY OF LABOUR AND EMPLOYMENT
LOK SABHA
UNSTARRED QUESTION NO: 1351
ANSWERED ON: 25.11.2019
Medical Insurance to Pensioners of EPFO
Rajan Baburao Vichare Will the Minister of
LABOUR AND EMPLOYMENT be pleased to state:-
(a)whether the Government proposes to provide the pensioners of Employees’ Provident Fund Organisation (EPFO) with Medical Insurance through the Employees’ State Insurance Corporation;
(b)if so, the details thereof; and
(c)if not, the reasons therefor?
ANSWER
MINISTER OF STATE (IC) FOR LABOUR AND EMPLOYMENT (SHRI SANTOSH KUMAR GANGWAR)
(a) to (c): Yes, Sir. The Government proposes to extend medical benefits to Employees’ Pension Scheme (EPS) 1995 pensioners drawing minimum pension upto Rs. 1000/- per month under EPS, 1995 and residing in Delhi through a pilot scheme. However, no final decision has been taken.
Amendment of Recruitment Rule of Architectural Assistant in Civil Wing of Department of Posts
F.No. 10-1/2019-CWP/RR/ Arch.Asst./539
Government of India
Ministry of Communications
Department of Posts
(Engineering Wing)
Dak Bhawan, New Delhi.
Date: 22.11.2019
OFFICE MEMORANDUM
Sub: Amendment of Recruitment Rule of Architectural Assistant in Civil Wing of Department of Posts.
Objections are invited from all concerned on the proposed amendment in Recruitment Rule in the grade of Architectural Assistant, earlier notified vide Gazette Notification GSR 71 dated 16th January, 1989 by the then cadre controlling authority i.e. Department of Telecommunications. Copy of the proposed draft amendment approved by the Secretary (Posts) is attached herewith. Objections shall reach this office within 30 days of the date of publication either in hard copy or by email on [email protected].
Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
F No. 37-33/2009- SPN-I
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi-110001 Dated 21. 11. 2019
To
1. All Chief Postmaster General
2. All Postmasters General
3. Director, Rafi Ahmed Kidwai National Postal Academy (RAKNPA), Ghaziabad.
Subject: Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
Sir,
I am directed to forward herewith a copy of Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019 notified in the Gazette of India, Extraordinary, Part II, Section 3 Sub Section (i) dated 15th November, 2019. The principal notification was published in the Gazette of India, vide number G.S.R. 781 (E), dated 16th August, 2018.
2. It is requested that the above mentioned Recruitment (Amendment) Rules, 2019 may be brought to the notice of all concerned.
MINISTRY OF COMMUNICATIONS (Department of Posts) NOTIFICATION
New Delhi, the 15th November, 2019
G.S.R. 850(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules to amend the Department of Posts (Multi Tasking Staff) Recruitment Rules, 2018, namely:-
1 (1) These rules may be called the Department of Posts (Multi Tasking Staff) Recruitment (Amendment) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette
2. In the Department of Posts (Multi Tasking Staff) Recruitment Rules, 2018, in the Schedule,
(A) in PART-I, under column (7), for the entries, the following entries shall be substituted, namely:—
“(i) 10th standard pass from a recognised Board;
(ii) knowledge of local language of the concerned Postal Circle or Division. The candidate should have studied local language at least up to 10th standard. The local language of a Postal Circle or Division shall be as published by the Department of Posts;
(iii) no educational qualification is prescribed for direct recruitment of Casual Labourer and Gramin Dak sevak.”;
(B) in PART-II, under column (7), for the entries, the following entries shall be substituted, namely:—
“(i) 10th standard pass from a recognised Board;
(ii) knowledge of local language of the concerned Postal Circle or Division. The candidate should have studied local language at least up to 10th standard_ The local language of a Postal Circle or Division shall be as published by the Department of Posts;
(iii) no educational qualification is prescribed for direct recruitment of Casual Labourer and Gramin Dak Sevak”
[F. No. 37-33/2009-SPN-l]
SATYA NARAYANA DASH, Director (SPN)
Grant of benefits of MACP/ACP Scheme – OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI Ors
Court Case/Most Immediate
D.No 1396133/19/CR
No. 430195/2919-Estt.D
Government of India
Ministry of Personnel Public Grievances & Pensions
Department of Personnel & Training
OFFICE MEMORANDUM
North Block, New Delhi,
Dated: 01.11.2019
Sub : OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI Ors – grant of benefits of MACP/ACP Scheme- reg.
The undersigned is directed to forward herewith a notice in OA. No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors regarding grant of benefits of MACP/ACP Scheme, received in this Department, before the Hon’ble CAT, Jaipur Bench, for appropriate action. DOPT has been impleaded as Respondent no. 2 and Department of Post has been impleaded as Respondent no. 1in this case
2. This Department’s OM No. 20036/23/ 1988-Estt.(D) dated 06.01.1989 provides that since each case is to be contested on the basis of the specific facts and circumstances relevant to it, the administrative Ministry/Department will be in a better position to defend the case. If, however, any clarification is required on the al interpretation or application of the rules or instructions relevant to the case, the concerned department in the Ministry of Personnel, Public Grievances and Pensions may be approached for that purpose in terms of this Department’s OM dated 28.10.2015. It further provides that the primary responsibility, however, for contesting such cases on behalf of the Government will be that of the administrative Ministry/Department concerned. Further, the Cabinet Secretariat’s D.O. letter No. 1/50/3/2016-Cab dated 16.06.2016 and the Department of Expenditure’s OM No. 7(8)/2012-E-III(A) dated 16.05.2012 inter-alia provide that (i) a common counter reply should be filed before a Court of Law on behalf of the :Union of India by the concerned Administrative Department/Ministry where the petitioner is serving or has last served; and (ii) a unified stand should be adopted instead of bringing out each Department’s/Ministry’s point of view in the said reply. It further provides that it is primarily the responsibility of the Administrative Ministry to ensure that timely action is taken at each stage a Court case goes through and that a unified stand is adopted on behalf of Government of India at every such stage. In no case should the litigation be allowed to prolong to the extent that it results in contempt proceedings.
3. It is the responsibility of the Administrative Organisation/ Department to defend the case where DoPT is a proforma party. So far as this matter is concerned, the Applicant is seeking benefits of MACP Scheme w.e.f. 01.01.2006 which is not admissible as per MACP Scheme 2009. Therefore, the following comments may be incorporated in the counter Affidavit to be filed on behalf of UOI in this matter:-
(i) The matter relating to grant of benefits w.e.f. 1.1.2006 under MACP Scheme to civilian employees is subjudice before the Hon’ble Supreme Court of India in SLP Nos. 10811-10813/2018 in the matter of Union of India Vs. Shri Ranjit Samuel which has been filed by MOD against the order dated 14.02.2017of Hon’ble High Court of Judicature at Madras in Writ Petition Nos. 33946, 34602 and 27798 of 2014, wherein Madras High Court held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect. Subsequently, O/o C&AG have also been advised to file SLP against the order of Bombay High Court in a similar matter. This SLP of O/o C&AG and other similar matters have been tagged with SLP No. 10811-10813/ 2018 and are being heard together by the Apex Court.
(ii) Further, the 6th Pay Commission recommended separate Schemes for civilian and the Defence Personnel. After the recommendations were considered and approved by the Cabinet, D/o Expenditure issued Resolution dated 29.08.2008 in respect of civilian employees. M/o Defence issued Resolution dated 30.08.2008 regarding extension of 6th CPC benefits to Armed Forces Personnel. Thus the Civilian and the PBOR personnel are governed by two different Resolutions.
(iii) The recommendations of the 6th CPC were accepted by the Government only on 29.08.2008 (30.08.2008 in case of PBOR). The recommendations of the 6th CPC were required to be examined and a Scheme was to be formulated in consultation with Department of Expenditure and the same took considerable time for its implementation. Before implementation of the Scheme, a cut off date had to be decided/fixed. Accordingly, the Government has taken a conscious decision for implementing the MACPS w.e.f. 01.09.2008. Though the MACPS came into existence only w.e.f. 01.09.2008, the benefits of the existing ACP Scheme of August, 1999, was allowed to the Government servants upto 31.08.2008.
(iv) Changing the effective date of implementation of MACP from 01.09.2008 to 01.01.2006 may be beneficial to certain employees, but this would also place certain other employees at a disadvantage thereby entailing huge recoveries from them. It may be difficult to make recoveries from the employees who have availed higher financial benefit under ACP during 01.01.2006 to 31.08.2008 and retired from service.
(v) The MACP is a condition of service and, hence, cannot be given retrospective effect. It is upto Government to take a conscious decision to implement it uniformly from a certain date.
(vi) It is not feasible to extend the benefits of MACP during 01.01.2006 to 31.08.2008, as more than nine years of time has passed since the implementation of MACP and the issues have been settled as per extant instructions. The change of effective date will lead to surge of litigation particularly from employees who availed the benefits of ACP Scheme during 01.01.2006 to 31.08.2008.
(vii) Vide order dated 14.02.2017, Hon’ble High Court of Judicature at Madras in Writ Petition Nos. 33946, 34602 and 27798 of 2014 has held that the benefit of erstwhile ACP Scheme cannot be negated by bringing a new Scheme i.e. MACP Scheme with retrospective effect.
4. Therefore, in the counter reply to be filed by Department of Posts in the matter, the issue relating to pending SLPs before the Hon’ble Supreme Court as mentioned at para 3 above should be clearly brought out so that the Hon’ble Tribunal can take these into consideration while deciding the matter in 0.A No. 291/558/2019.
5. Department of posts is also requested to update/fill the details of the instant case in www.limbs.gov.in and also ensure the status of the case be monitored and updated
Grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees and inputs received from DOPT to defend similar cases
No. 2-24/2019-PCC
Government of India
Ministry of Communications
Department of Posts
Dak Bhawan, Sansad Marg,
New Delhi — 110001
Date : 22/11/2019
To
Chief Postmaster General
Rajasthan Circle, Jaipur — 302 007.
Sub :- Hon’ble CAT Jaipur Bench OA No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. – regarding grant of benefits of MACP Scheme w.e.f. 01.01.2006 to civilian employees.
Sir,
On the above noted subject, I am directed to inform you that this Directorate has received an OA bearing No. 291/558/2019 titled as Bharu Ram Siklitgar Vs UOI & Ors. and your office might be received the same being a respondent in the case.
2. In the instant OA, the applicant has sought for relief for grant of benefit of MACP Scheme with effect from the commencement of 6th CPC i.e. 01.01.2006 instead of 01.09.2008, by quoting the. judgment dated 08.12.2017 of Hon’ble Supreme Court of India in case of Balvir Singh Civil Appeal Diary No. 3744 of 2016.
Three Centralized Employment Notifications (CENs) for around 1.41 lakh vacancies for various Group ‘C’ posts (including Level-1) have been notified in 2018. Against 02 CENs, recruitment is completed and, as on 14.11.2019, panels of around 73,500 candidates have already been supplied to Indenting Railways.
Further, in 2019, another four CENs for around 1.43 lakh additional vacancies have also been notified. Recruitment for 01 CEN is completed and, as on 14.11.2019, panels of 1519 candidates have been furnished to Indenting Railways. Recruitment process for remaining CENs is in progress.
Further, for around 10,000 vacancies of Sub-Inspectors and Constables in Railway Protection Force (RPF)/ Railway Protection Special Force (RPSF), three CENs have been issued in 2018 and recruitment for the same has been completed.
A total of about 2.94 lakh vacancies for various Group ‘C’ posts (including Level-1) have been notified in years 2018 & 2019. Retirement (anticipated) is one of the parameters of vacancy assessment process.
This information was given by the Minister of Railways and Commerce & Industry, Shri Piyush Goyal in a written reply to a question in Rajya Sabha today.
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAJYA SABHA
QUESTION NO 70
ANSWERED ON 22.11.2019
Outsourcing of employees in Railways
70 Ch. Sukhram Singh Yadav
Will the Minister of RAILWAYS be pleased to state :-
(a) whether it is a fact that Railways are conducting an assessment in its Departments to ascertain the places and the number of employees that can be outsourced;
(b) the number of employees working in Railways through outsourcing and the details of social security schemes applicable for benefiting these employees; and
(c) the minimum and maximum salary fixed for outsourced employees in Railways and the actual salary that these employees are getting?
(a) to (c): A Statement is laid on the Table of the House.
*****
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF STARRED QUESTION NO. 70 BY CH. SUKHRAM SINGH YADAV ANSWERED IN RAJYA SABHA ON 22.11.2019 REGARDING OUTSOURCING OF EMPLOYEES IN RAILWAYS
(a) No, Sir.
(b) Information in regard to number of employees working in Railways through outsourcing is being collected and will be laid on the Table of the House.
Adherence to Social Security Schemes (i.e EPFO, ESIC etc.) as administered by Ministry of Labour & Employment is being ensured through General Conditions of Contract.
(c) As specified in “General Conditions of Contract” (GCC), Minimum wages are being paid as per the provisions of Minimum Wages Act, 1948.
No proposal to privatise the operations of Railways – Rajya Sabha
GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAJYA SABHA
QUESTION NO 68
ANSWERED ON 22.11.2019
Privatization of operation of railways
68 Shri Manas Ranjan Bhunia
Will the Minister of RAILWAYS be pleased to state :-
(a) whether Government has planned to privatize operations of railways in a phased manner including the maintenance of the platforms;
(b) if so, the details on the exact plan of Government; and
(c) the manner in which this plan would be executed?
ANSWER
MINISTER OF RAILWAYS AND COMMERCE & INDUSTRY
(SHRI PIYUSH GOYAL)
(a) to (c): A Statement is laid on the Table of the House.
*****
STATEMENT REFERRED TO IN REPLY TO PARTS (a) TO (c) OF STARRED QUESTION NO. 68 BY SHRI MANAS RANJAN BHUNIA ANSWERED IN RAJYA SABHA ON 22.11.2019 REGARDING PRIVATIZATION OF OPERATION OF RAILWAYS
(a) to (c): No, Sir. There is no proposal to privatise the operations of Railways. However, there is a proposal to outsource the commercial and on board services of a few trains and also to permit private players to induct modern rakes to run trains on select routes with an objective to provide improved service delivery to passengers. The responsibility of train operations and safety certification rests with Indian Railways. Outsourcing of certain services like station cleaning, pay and use toilets, retiring rooms, parking and platforms maintenance etc. is being done on need based manner to improve cleanliness and other services.
