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Doctors Age of superannuation – Gazette Notification G.S.R. 767(E)

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igeadmin
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Doctors Age of superannuation – Gazette Notification G.S.R. 767(E)

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)
NOTIFICATION
New Delhi, the 11th August, 2018

G.S.R. 767(E).—In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby makes the following rules further to amend the Fundamental Rules, 1922, namely :—

1. Short title and commencement.—(1)These rules may be called the Fundamental (Second Amendment) Rules,2018.

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

2. In the Fundamental Rules, 1922, in rule 56, for clause (bb), the following shall be substituted, namely:-

“(bb) (i) The age of superannuation in respect of the doctors belonging to–

(i) Central Health Service;
(ii) Indian Railways Medical Service;
(iii) AYUSH and working under the Ministry of AYUSH;
(iv) Civilian doctors under the Directorate General of Armed Forces Medical Service;
(v) Medical Officers of the Indian Ordnance Factories Health Service;
(vi) Dental Doctors under the Department of Health and Family Welfare;
(vii) Dental doctors under the Ministry of Railways; and
(viii) General Duty Medical Officers, Specialist Grade doctors and Teaching Medical Faculty working in Bhopal Memorial Hospital and Research Centre,

shall be sixty-two years unless they exercise the option of posting to Teaching, Clinical, Patient Care,Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy depending on their expertise and experience, as decided by the competent authority in the concerned Ministry or Department from time to time, in case they desire to continue in their service upto the age of sixty-five years:

Provided that the age of superannuation in respect of the doctors belonging to the General Duty Medical Officers sub-cadre of Central Armed Police Forces and Assam Rifles and Specialist Medical officers of Central Armed Police Forces and Assam Rifles shall be sixty-five years.

(ii) The serving doctors belonging to the services referred to in sub-clause (i) who have either already attained the age of sixty-two years or attaining the age of sixty-two years within six months from the date of publication of these amendment rules in the Official Gazette, may exercise their option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018.

(iii) The serving doctors who fail to exercise the option in regard to their posting to Teaching, Clinical, Patient Care, Implementation of Health programmes, Public Health programmes and functions including advisory and consultancy as specified in sub-clause (i), within the period specified in sub clause (ii), shall be superannuated form their service on attaining the age of sixty-two years or on expiry of a period of thirty days from the date of the commencement of the Fundamental (Second Amendment) Rules, 2018, whichever is later. ”.

[F. No. 25012/4/2016-Estt.(A-IV)]
GYANENDRA DEV TRIPATHI, Jt. Secy.

Note : The Fundamental Rules were published in the Gazette of India on the 1st day of January, 1922 and were last amended vide notification number G.S.R. 27(E), dated the 5th January, 2018.

Gazette Notification

7th CPC Fitment Factor – No changes in the fitment factor

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igeadmin
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7th CPC Fitment Factor – No changes in the fitment factor [Rajya Sabha QA]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
QUESTION NO 2273
ANSWERED ON 07.08.2018

Increase of fitment factor under 7th CPC

2273 Shri Ravi Prakash Verma
Shri Neeraj Shekhar

Will the Minister of FINANCE be pleased to state :-

(a) whether Government is contemplating to increase fitment factor from 2.57 to 3.68 under 7th CPC to all pay levels, as demanded by employees associations;

(b) if so, the details thereof and by when it would be announced; and

(c) if not, the reasons for betrayal from assurances given by Home Minister and Railway Minister etc. to employees associations in 2016?

Also Check : Pay Matrix Table

ANSWER

MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI P. RADHAKRISHNAN)

(a) to (c): The Minimum Pay of Rs. 18,000 p.m. and Fitment Factor of 2.57 are based on the specific recommendations of the 7th Central Pay Commission in the light of the relevant factors taken into account by it. Therefore, no change therein is at present under consideration.

Source : RajyaSabha

Tax Relaxation on National Pension Scheme Maturity Value

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igeadmin
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Tax Relaxation on NPS Maturity Value

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF REVENUE
LOK SABHA
UNSTARRED QUESTION No. 3975

TO BE ANSWERED ON FRIDAY, THE 10TH AUGUST, 2018
19, SHRAVANA, 1940 (SAKA)

TAX RELAXATION ON NPS MATURITY VALUE

3975. SHRI KONAKALLA NARAYANA RAO:

Will the Minister of FINANCE be pleased to state:

(a) whether the Government is contemplating to give tax rebate on the maturity value of the amount deposited under National Pension Scheme (NPS) like Public Provident Fund and if so, the details thereof;

(b) whether the Securities and Exchange Board of India has also recommended to this tax relaxation in the recently held Financial Stability and Development Council meeting and if so, the details thereof; and

(c) the stand of the Government in this regard?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI SHIV PRATAP SHUKLA)

(a) No Madam. Currently, Government is not contemplating to give any tax rebate on the maturity value of the amount deposited under National Pension Scheme (NPS) like Public Provident Fund. In this context, it may be noted that under the existing provisions of the Income tax Act, 1961 the following payments from the National Pension System Trust are exempt:

(i) up to 40% of the total amount payable to an assessee on closure of his account or on his
opting out of a Pension Scheme; and

(ii) partial withdrawal by an employee from NPS up to 25% of own contribution.

(b) No.

(c) Does not arise.

Source : LokSabha

PFRDA Act [LokSabha Q&A]

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igeadmin
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PFRDA Act [LokSabha Q&A]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 4011
ANSWERED ON: 10.08.2018

PFRDA Act

P. KARUNAKARAN
Will the Minister of

FINANCE be pleased to state:-

(a) whether the Government received a large number of representations with regard to the dismissal of Pension Fund Regulatory and Development Authority (PFRDA) Act;

(b) if so, the details thereof;

(c) whether the Government proposes to change the Act as opposed by all the trade Unions; and

(d) if so, the details thereof?

ANSWER
The Minister of State in the Ministry of Finance

(a) to (d) The Government of India has implemented the New Pension System, now called “National Pension System” (NPS), with effect from 1st January, 2004 through a notification dated the 22nd December, 2003 for new entrants to Central Government service, except the Armed Forces. The Government constituted an interim regulator, the Interim Pension Fund Regulatory and Development Authority (PFRDA) through a Government Resolution dated the 10th October, 2003 as a precursor to a statutory regulator to regulate the NPS. NPS is now administered and regulated by the statutory regulator called PFRDA under the PFRDA Act, 2013, which came into effect from 1st February, 2014

Representations have been received which inter alia also include the demand that the PFRDA Act may be dismissed. However, there is no proposal to change the PFRDA Act, 2013.

Flexible Pension Contribution

By
igeadmin
-

Flexible Pension Contribution

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 4138
ANSWERED ON: 10.08.2018

Flexible Pension Contribution

RAJESHBHAI NARANBHAI CHUDASAMA
Will the Minister of

FINANCE be pleased to state:-

(a) whether the Government proposes for flexible pension contribution for the informal workers in the country and if so, the details of proposal therein;

(b) if not, the proposal of Government for the people with irregular incomes and particularly the women of the country who have no regular incomes; and

(c) the details of the report of the Pension Fund Regulatory and Development Authority (PFRDA) and Credit Rating Information Services of India Limited (CRISIL) on the pension proposal towards elderly women empowerment?

ANSWER
The Minister of State in the Ministry of Finance

(a) &( b) The Atal Pension Yojana (APY) was launched in May, 2015 and is operational from 1st June, 2015. The APY is primarily focussed on all citizens in the unorganised sector, who are not covered by any pension scheme. All citizens of the country in the eligible category may join the scheme. As on 06.08.2018, the total number of subscribers under APY is 1,09,66,981, out of which, 43,87,993 subscribers are women. The salient features of the Atal Pension Yojana are as under:

  • Indian Citizens between the age group of 18 to 40 years eligible to join APY through their savings bank account or post office savings bank account.
  • APY is based on defined benefit for providing guaranteed minimum monthly pension of Rs. 1000 or Rs. 2000 or Rs. 3000 or Rs. 4000 or Rs. 5000 at the age of 60 years based on pension amount chosen.
  • The Central Government would also co-contribute 50% of the total contribution or Rs. 1000 per annum, whichever is lower, to each eligible subscriber, for a period of 5 years, i.e., from Financial Year 2015-16 to 2019-20, who have joined the APY before 31st March, 2016, and who are not members of any statutory social security scheme and who are not income tax payers.
  • In case of premature death of Subscriber (death before 60 years of age), spouse of the subscriber has been given an option to continue contributing to APY account of the subscriber, for the remaining vesting period, till the original subscriber would have attained the age 60 years.
  • In case of death of both subscriber and spouse, the entire pension corpus would be returned to the nominee.
  • If the accumulated corpus based on contributions earns a lower than estimated return on investment and is inadequate to provide the minimum guaranteed pension, the Central Government would fund such inadequacy. Alternatively, if the actual returns during the accumulation phase are higher than the assumed returns for minimum guaranteed pension, such excess will be passed on to the subscriber.

With a view to provide flexibility to the subscribers of APY with seasonal or irregular income, besides the monthly mode of payment, quarterly and half yearly mode of payment of contributions have been provided in the Scheme. Further in case of default in payment of contribution, a subscriber may regularize the account by paying the overdue amount along with a minimal charge to obtain the guaranteed pension.

(c) The Pension Fund Regulatory and Development Authority (PFRDA) has informed that the report of PFRDA and CRISIL on ‘Financial security for India’s elderly’ has, inter-alia, mentioned designing of a pension policy exclusively for women where contributions could be from the women’s families. Some tax relief to the savings held in the form of pension has also been mentioned.

 

NCJCM letter to DoPT to implement the MACP Scheme from 2006

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igeadmin
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NCJCM letter to DoPT to implement the MACP Scheme from 2006

ncjcm

No.NC-JCM-2017/MACP

Dated: August 7, 2018

The Secretary,
Department of Personnel & Training,
North Block,
New Delhi

Sub:- Item No.2,10 and 48 of the Joint Committee of MACP — Agenda items of the Standing Committee

Ref:- 1. This office letter of even number dated 16/01/2018 and 27/03/2018
2. MOD letter No.14(1)/99-D(AG) dated 25th July 2018

Dear Sir,

This office vide Letters referred at 1 above dated 16/01/2018 and 27/03/2018 has represented to your good self to make the MACP scheme effective from 1/1/2006 since the Hon’ble Supreme Court in its order in WP 3744 of 2016 dated 08/12/2017 in the matter of UOI Vs Shri Balbir Singh Turn & Anr has directed the Govt. of India to implement the MACP Scheme retro spectively from 1/112006. Till date we have not received any positive response from the DOPT. However the MOD vide letter referred at 2 above (copy enclosed) have now issued instructions to implement the MACP Scheme w.e.f. 1/1/2006 to the Armed Force Personnel by implementing the Hon’ble Supreme Court judgment. Having implemented the judgment to one set of employees and denying the same to the similarly placed employees is discriminatory and unjustified.

The Hon’ble Supreme Court has repeatedly ruled that judicial decisions in matter of a general nature should be extended to all similarly placed employees. In the case of Inderpal Yadav Vs Union of India (1985) SCC 648, the Apex court has held as Under:-


” Those who could not come to the court need not be at a comparative disadvantage position to those who rushed in here, ‘if they are otherwise similarly situated, they are entitled to similar treatment”

In view of the above to avoid multiplicity of litigations on the matter and since the item is also before the Joint Committee on MACP, it is requested that Govt. orders may please be issued for implementing the MACP Scheme w.e.f 1/1/2006. While issuing such an order, it may also be clarified that the employees who were granted the benefit of ACP between 1.1.2006 to 31.08.2008 are not adversely affected and no recovery is ordered from them in this connection.

Thanking you,

Yours faithfully,
(Shiva Gopal Mishra)
Secretary

Source: Confederation

TN Govt extended 7th Pay Commission One Man Committee by another 3 months

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igeadmin
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TN Govt extended 7th Pay Commission One Man Committee by another 3 months

GOVERNMENT OF TAMIL NADU 2018

FINANCE (PAY CELL) DEPARTMENT
G.O.Ms.No.265, Dated: 31st July, 2018
(Vilambi, Aadi-15, Thiruvalluvar Aandu 2049)

Tamil Nadu Revised Pay Rules, 2017 – Constitution of One Man Committee for rectification of pay anomalies – Extension of tenure of the Committee – Orders – Issued.

—————

Read :

1. G.O.Ms.No.57, Finance (Pay Cell) Department, dated 19.02.2018.
2. G.O.Ms.No.138, Finance (Pay Cell) Department, dated 24.04.2018.

ORDER:

In the Government Order first read above, orders have been issued constituting an One Man Committee duly headed by Thiru M.A.Siddique, I.A.S., Secretary to Government (Expenditure), Finance Department to rectify the anomalies consequent on the implementation of the Tamil Nadu Revised Pay Rules, 2017 and make specific recommendations to the Government on the anomalies considered by the Committee. The One Man Committee has been requested to submit its report to the Government by 31.07.2018. In the Government Order second read above, amendment to the Government Order first read above has been issued.

Also Check : Tamilnadu 7th Pay Commission Salary Calculator 2017

2. The conduct of personal hearing meetings with various Service Associations and individual petitioners is in process and as it will take some more time to finalise the report, the One Man Committee has sought extension of the tenure of the Committee for a further period of three months beyond 31.07.2018.

3. After careful consideration, Government direct that the tenure of the One Man Committee constituted in the Government Order first read above shall be extended for a further period of three months beyond 31.07.2018 i.e. upto 31.10.2018.

(BY ORDER OF THE GOVERNOR)

K.SHANMUGAM
ADDITIONAL CHIEF SECRETARY TO GOVERNMENT

Signed Copy

Inclusion of dependent “Widowed daughters” and “Legally divorced daughters” (LDD) in PRCP and Widow Pass

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igeadmin
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Clarification regarding inclusion of dependent “Widowed daughters” and “Legally divorced daughters” (LDD) in ‘Post Retirement Complimentary Pass’ (PRCP) and Widow Pass

RBE. No.110/2018

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No.E(W)2018/PS5-1/2

New Delhi, dated 06.08.2018

The General Managers (P) All Zonal Railways &
Production Units.

Sub: Clarification regarding inclusion of dependent “Widowed daughters” and “Legally divorced daughters” (LDD) in ‘Post Retirement Complimentary Pass’ (PRCP) and Widow Pass.

Ref: Board’s letter No E(W)2002/PS5-1/8 dated 16.04.2003.

Clarification has been sought by two of the Zonal Railways, i.e. Eastern & South Central Railways regarding inclusion of (i) dependent widowed daughter and (ii) dependent LDD in Widow Pass with reference to the instructions contained in Board’s letter cited under reference.

2. It is observed that in the clarification issued vide Board’s letter cited under reference, it has been stated that “legally divorced daughter and widowed daughter may be included in the PRCP as dependent relative of the retired railway servants, provided they reside with retired railway employees and subject to fulfillment of the income criteria laid down for the purpose”. The phraseology (i.e. as dependent relative), has created a doubt with regard to inclusion of dependent LDD/widowed daughters in the Widow Pass as it gives an erroneous impression that they are to be treated as ‘dependent relative’. Moreover, no co-residency requirement has been stipulated in the pass rules but the same has also been incorporated in the said clarification

3. The matter has been examined in the light of statutory provisions contained in the Railway Servants (Pass) Rules, 1986 (Second Edition-1993), as under:-

(I) in terms of Rule 2(d) (v) & (vi) ‘family’ includes:-

– Widowed daughters provided they are ‘dependent’ on the railway servant.
– Legally divorced daughter who is ‘dependent’ on the railway servant.

(ii) As far as PRCP is concerned, in terms of provisions (Col.3(i) of Schedule-1V), PRCPs can be issued to railway servants for self, wife/husband and children only, subject to the same conditions as applicable to railway servants in service. Accordingly, the aforementioned members of family i.e. dependent widowed daughters and dependent LDD are to be included in PRCP as children in view of the fact that they fail within the definition of “Family” as defined under Rule 2(d) ibid.

(iii)As far as Widow Pass is concerned, in terms of provisions (Co1.3(ii) of Schedule-V), Widow Pass can be issued on the same terms and conditions as are applicable to Privilege Passes except that dependent relatives are not entitled to be included. Since, widowed daughters 8 LDD are, not part of “dependent relatives”, but rather part of “family”, they are entitled to be included in Widow Pass as family member as in the case of Privilege Pass.

(iv)The word “dependent” has been used in Rule 2(d)(v) & 2(d)(vi) of Railway Servants (Pass) Rules, 1986 (Second Edition-1993) w.r.t. widowed daughters and LDD. However, the dependency criteria has been provided below the definition of “dependent relative” under Rule 2(c)(vii). The same definition for `dependency’ shall be followed for widowed daughters & LOD.

4. Keeping in view the statutory provisions, as contained in the Railway Servants (Pass) Rules, 1986 (Second Edition-1993), it is now clarified that (i) dependent widowed daughters (ii) dependent LDD are eligible to be included in PRCP and the Widow Passes, provided they fulfil the income criteria of dependency stipulated in the proviso below Rule-2(c)(vii) of the aforesaid rules, as amended from time to time The latest amendment to the said proviso, as contained in Advance Correction Slip No.75, issued vide this office letter No.E(W)2016/PS5-1/7 dated 24.11.2016, may also be Moreover, it may be noted that there is no requirement of co-residency of dependent widowed daughter/LOD with the PRCP/ Widow Pass holders.

5. In view of foregoing, widowed daughters & LDD may be included in PRCPIWidow Pass as eligible member of “family”,
provided they are dependent on FRCP/Widow Pass holders, without insisting on co-residency criteria.

6. This issues with the approval of the Competent Authority and the concurrence of Finance Directorate of Ministry of Railways.

(V. Muralidharan)
Dy. Director Estt. (Welfare)-I
Railway Board

Signed Copy

7th CPC Dearness Allowance [LokSabha QA]

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igeadmin
-

7th CPC Dearness Allowance [LokSabha QA]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 3948
ANSWERED ON: 10.08.2018

DA under 7th CPC

RAMESH BAIS
Will the Minister of

FINANCE be pleased to state:-

(a) whether the Dearness Relief of 119 per cent as effective from 1st July, 2015 was the last one taken into consideration by the 7th Central Pay Commission (CPC) while recommending the formulae for revision of pension for civilian personnel including Central Armed Police Forces (CAPF) who retired before 01.01.2016 and if so, the details thereof;

(b) whether the retirees were in receipt of six per cent Dearness Allowance (DA) w.e.f. 01.01.2016 till the implementation of the Pay Commission Report and if so, the details thereof;

(c) whether at the time of implementation of 7th CPC Report, the six per cent has been denied and if so, the reasons therefor; and

(d) the remedial measures taken/being taken by the Government to remove their hardship and to restore the DA denied to them?

Also Read : DA from July 2018 for Central Government Employees – 2 % Confirmed

ANSWER
MINISTER OF STATE FOR FINANCE
(SHRI P. RADHAKRISHNAN)

(a) to (c) : The pension of Central Government employees including personnel of Central Armed Police Forces (CAPF), who retired prior to 1.1.2016, has been revised w.e.f. 1.1.2016 based on the recommendations of 7th Central Pay Commission (CPC), as accepted by the Government, taking into account Dearness Relief @ 125%.

(d): Does not arise.

 

No proposal to replace the NPS with old pension scheme

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igeadmin
-

No proposal to replace the NPS with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 4075
ANSWERED ON: 10.08.2018

Reintroduction of Old Pension Scheme

RAKESH SINGH
Will the Minister of

FINANCE be pleased to state:-

(a) the details of drawbacks of the New Pension Scheme (NPS) introduced for the Government officials;

(b) whether the NPS is not as beneficial monetarily as the Old Pension Scheme (OPS) and if so, the details thereof;

(c) whether the Government employees are disgruntled with the NPS and if so, the details thereof; and

(d) whether the Government proposes to reintroduce the OPS replacing the NPS, if so, the details thereof and the action taken by the Government in this regard?

ANSWER
The Minister of State in the Ministry of Finance

(a) & (b) National Pension System (NPS) has been designed giving utmost importance to the welfare of the subscribers. Government has made a conscious move to shift from the defined benefit pension scheme to defined contribution pension scheme i.e. NPS, due to rising and unsustainable pension bill. There are a number of benefits available to the employees under NPS. Some of the benefits are enlisted below:

• NPS is a well designed pension system managed through an unbundled architecture involving intermediaries appointed by the Pension Fund Regulatory and Development Authority (PFRDA) viz. pension funds, custodian, central record keeping and accounting agency, National Pension System Trust, trustee bank, points of presence and Annuity service providers. It is prudently regulated by PFRDA which is a statutory regulatory body established to promote old age income security and to protect the interest of subscribers of NPS.

• The pension wealth which accumulates over a period of time till retirement grows with a compounding effect. The all-in-costs of the institutional architecture of NPS are among the lowest in the world.

• Contribution made to the NPS Tier-I account is eligible for tax deduction under the Income Tax Act, 1961. An additional tax rebate of Rs.50000 is also allowed for contributions made to NPS Tier-I under Section 80CCD (1B) of the Income Tax Act, 1961.

• Subscribers can withdraw up to 25% of their own contributions before attaining age of superannuation, subject to certain conditions. Further, PFRDA vide “PFRDA (Exits and Withdrawals under the NPS) (First Amendment) Regulations, 2017” dated 10.08.2017 has liberalized norms for partial withdrawals which also include reduction of requirement of minimum years of being enrolled under NPS from 10 years to 3 years from the date of joining.

• PFRDA has increased the maximum age limit from 60 years to 65 years for joining NPS-All Citizen Model and Corporate Sector Model, vide “PFRDA (Exits and Withdrawals under the NPS) (Second Amendment) Regulations, 2017” dated 06.10.2017.

• PFRDA vide “PFRDA (Exits and Withdrawals under the NPS) (Third Amendment) Regulations, 2018” dated 02.02.2018 has facilitated easy exit & withdrawal in case of disability and incapacitation of the subscriber covered under NPS.

• Transparency and Portability is ensured through online access of the pension account by the NPS subscribers, across all geographical locations and portability of employments.

(c) & (d) Representations have been received which inter alia also include the demand that the Government may revert to old defined benefit pension system. However, due to rising and unsustainable pension bill and competing claims on the fiscal, there is no proposal to replace the NPS with old pension scheme in respect of Central Government employees recruited on or after 01.01.2004.

Source : Loksabha

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