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The Code on Wages Bill 2017 – National Minimum Wage

The Code on Wages Bill 2017 – National Minimum Wage

As part of labour law reforms, the Government has undertaken the exercise of rationalisation of the 38 Labour Acts by framing 4 labour codes viz Code on Wages, Code on Industrial Relations, Code on Social Security and Code on occupational safety, health and working conditions.

1. The Code on Wages Bill 2017 has been introduced in Lok Sabha on 10.08.2017 and it subsumes 4 existing Laws, viz. the Minimum Wages Act, 1948; the Payment of Wages Act, 1936; the Payment of Bonus Act, 1965; and the Equal Remuneration Act, 1976. After the enactment of the Code on Wages, all these four Acts will get repealed. The Codification of the Labour Laws will remove the multiplicity of definitions and authorities leading to ease of compliance without compromising wage security and social security to the workers.

2. At present, the provisions of the Minimum Wages Act and the Payment of Wages Act do not cover substantial number of workers, as the applicability of both these Acts is restricted to the Scheduled Employments / Establishments. However, the new Code on Wages will ensure minimum wages to one and all and timely payment of wages to all employees irrespective of the sector of employment without any wage ceiling.

3. A concept of statutory National Minimum Wage for different geographical areas has been introduced. It will ensure that no State Government fixes the minimum wage below the National Minimum Wages for that particular area as notified by the Central Government.

4. The proposed payment of wages through cheque or digital/ electronic mode would not only promote digitization but also extend wage and social security to the worker. Provision of an Appellate Authority has been made between the Claim Authority and the Judicial Forum which will lead to speedy, cheaper and efficient redressal of grievances and settlement of claims

5. Penalties for different types of violations under this Code have been rationalized with the amount of fines varying as per the gravity of violations and repeat of the offences. Provision of compounding of offences has been made for those which are not punishable by a penalty of imprisonment.

6. Recently, some news reports have been published regarding the fixation of minimum wage as Rs. 18000/- per month by the Central Government. It is clarified that the Central Government has not fixed or mentioned any amount as “national minimum wage” in the Code on Wages Bill 2017. The apprehension that minimum wage of Rs. 18000/- per month has been fixed for all employees is, thus incorrect, false and baseless. The minimum wages will vary from place to place depending upon skill required, arduousness of the work assigned and geographical location.

7. Further, the Code on Wages Bill 2017, in the clause 9 (3), clearly states that the Central Government, before fixing the national minimum wage, may obtain the advice of the Central Advisory Board, having representatives from employers and employees. Therefore the Code provide for a consultative mechanism before determining the national minimum wage.

8. Some reports have also been appearing in the media regarding the revised methodology for calculation of minimum wages by enhancing the units from three to six. It was purely a demand raised by Trade Unions in the recent meeting of the Central Advisory Board on Minimum Wages. However it is clarified that such proposal is not part of the Code on Wages Bill.

PIB

7th CPC Revision of pension of pre 2016 Defence Forces pensioners / family pensioners – DESW Order

7th CPC Revision of pension of pre 2016 Defence Forces pensioners / family pensioners – DESW Order

No.17(01)/2017(01)/D(PensionlPolicy)
Government of India
Ministry of Defence
Department of Ex-Servicemen Welfare

New Delhi, Dated 4th September, 2017

To

The Chief of the Army Staff
The Chief of the Naval Staff
The Chief of the Air Staff

Subject – Implementation of Government’s decision on the recommendations of the 7th Central Pay Commission (CPC) – Revision of pension of pre-1.1.2016 Defence Forces pensioners/ family pensioners etc.

Sir,

The undersigned is directed to refer to this Ministry’s letter No. 17(01)/2016 D(Pen/Pol) dated 29th October 2016 for revision of pension of pre-2016 Defence Forces pensioners / family pensioners in implementation of the Government decisions on the recommendations of the 7th CPC. As per para 9 of this Ministry’s said order dated 29th October 2016 the revision of disability element of disability pension was held in abeyance pending decision of National Anomaly Committee to whom matter was referred by MOD to decide methodology for calculation of disability element of disability pension under 7thCPC. The National Anomaly Committee has recommended that parity with Civilians for grant of Disability element which was granted to Defence Forces under 6th CPC, shall be maintained

2. The recommendations of the National Anomaly Committee have been considered by the Government. In partial modification of Ministry’s order dated 29th October 2016, the President is now pleased to decide that Disability element of disability pension for Defence Forces Pensioners shall also be revised by multiplying the existing rate of disability element as had been drawn on 31.12.2015 by factor of 2.57 to arrive at revised rate of disability element as on 1.1.2016. The amount of revised disability element so arrived shall be rounded off to next higher rupee.

3. Para 13 of this Ministry’s above quoted letter dated 29.10.2016 regarding “Ex¬gratia awards to Cadets in cases of disablement” shall be replaced with the following:

13. EX-GRATIA AWARDS TO CADET (DIRECT) The ex-gratia award payable to Cadet (Direct)/ NoKs in cases of disablement / death shall be payable subject to the same conditions as hitherto in force in the event of invalidment on medical ground / death of a Cadet (Direct) due to causes attributable to or aggravated by military training :

(i) Monthly Ex-gratia amount of Rs 9,000/- per month

(ii) In cases of disablement, Ex-gratia disability award @ Rs 16,200/- per month shall be payable in addition for 100% of disability during period of disablement subject to prorata reduction in case the degree of disablement is less than 100%. “No ex-gratia disability award shall be payable in cases where the degree of disablement is less than 20%.”

4. The dearness relief sanctioned by the Government from 1.1,2016 and thereafter, shall also be paid on rates of disability element and monthly ex-gratia award to Cadet(Direct), revised in accordance with the provision of this letter.

5. Vide para 10(ii) of MoD order dated 29.10.2016, it was ordered to pay the Constant Attendance Allowance(CM) at the existing rate since matter regarding grant of Allowances was under examination by the Committee on Allowances (CoA). In this regard, Ministry of Finance vide Resolution dated 6th July 2017 (Appendix II item 37 has accepted the recommendation of 7th CPC to enhance the existing Constant Attendance Allowance @ 4500/ p.m. by 50%. DoP&PW vide O.M No. 1/4/2017-P&PW(F) dated 2.8.2017 has issued orders in this regard for civilian pensioners. Accordingly, for Armed Forces personnel the Constant Attendant Allowance shall continue to be admissible under the condition as hitherto fore at the existing rate from 1.1.2016 to 30.06.2017. However, it shall now be admissible at the enhanced uniform rate of Rs. 6750/- per month, irrespective of the rank with effect from 1.7.2017.

6. With reference to the provisions contained in Para 5.4 of this Ministry’s letter dated 29th October, 2016, it is further clarified that the maximum ceiling shall be applicable only in the case of ServicelRetiring Pension, Service element of Disability/ liberalized disability Mar Injury Pension and Ordinary family Pension. The said ceiling is not applicable in the cases of Disability/ Liberalised Disability/ War Injury element. Special Family/ Liberalized Family Pension etc. applicable under casualty pensionary awards.

7. The provisions of this Ministry’s letter dated 29th October 2016, which are not affected by the provisions of this letter, shall remain unchanged.

8. The provisions of this letter shall take effect from 1.1.2016

9. This issues with the concurrence of Finance Division of this Ministry their U.O. No. Part file (1) to (30)(01)12016/Fin/Pen dated 14th August 2017.

10. Hindi version will follow.

Yours faithfully

(Manoj Sinha)
Under Secretary to the Government of India

Signed copy

 

FINMIN clarifications for Travelling Allowance / Daily Allowance entitlements of Officers in Level 13A

FINMIN clarifications for Travelling Allowance / Daily Allowance entitlements of Officers in Level 13A

Travelling Allowance Rules – Implementation of the Recommendations of the Seventh Central Pay Commission

F.No.19030/1/2017-E.IV
Government of India
Ministry of Finance
Department of Expenditure

New Delhi, dated the 04th September, 2017

OFFICE MEMORANDUM

Subject :- Travelling Allowance Rules – Implementation of the Recommendations of the Seventh Central Pay Commission.

Consequent upon the issuance of this Department’s O.M. of even number dated 13.07.2017 regarding implementation of recommendations of 7th CPC on Travelling Allowance (TA), various references are being received in this Department seeking clarifications regarding TA/Daily Allowance (DA) entitlements of Officers in Level 13A. Level 13A (pre-revised Grade Pay of Rs. 8900/-) has been included in the Pay Matrix vide Notification No. GSR 592(E) dated 15.06.2017.

2. The matter has been considered in this Department and with the approval of Competent Authority, it has been decided that TA/DA entitlements of Officers in Pay Level 13A (pre-revised Grade Pay of Rs. 8900/-) shall be equivalent to TA/DA entitlements of Officers in Pay Level 13 (pre-revised Grade Pay of Rs. 8700/-) as mentioned in this Department’s O.M. of even number dated 13.07.2017.

Hindi version is attached.

Sd/-
(Nirmala Dev)
Deputy Secretary to the Government of India

Signed copy

DA for Bank Employees from August 2017

DA for Bank Employees from August 2017

August 2017 – October 2017
Month AICPIN AVG CPI Slabs Percentage
Apr-17 277 6323 1883 478

47.8

May-17 278 6346 1906
Jun-17 280 6391 1951

DA Calculation Sheet for Bank Employees

Guidelines on leave and voluntary retirement of Railway servants

Guidelines on leave and voluntary retirement of Railway servants

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

RBE No.107/2017

No.E(P&A)I-2017/CPC/LE-5

New Delhi, dated 30.08.2017

The General Managers and Principal Financial Advisers,
All Indian Railways & Production Units.

Sub: Guidelines on leave and voluntary retirement of Railway servants in light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

In pursuance of Department of Personnel & Training’s OM No.18017/1/2014-Estt(L) dated 25.02.2015 and OM No. 25012/1/2015-Estt(A-IV) dated 19.05.2015, the issues relating to leave and notice of voluntary retirement of Railway servants who have acquired a disability while in service are required to be dealt with in the light of the provisions of the Section 47 of Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995.

2. Leave applied on medical certificate in connection with disability should not be refused or revoked without reference to a Medical Authority, whose advice shall be binding. The ceiling on maximum permissible leave laid down in Rule 510 of IREC Vol.–1 may not be applied to leave on medical certificate applied in connection with the disability. Any leave debited for the period after a Railway servant is declared incapacitated shall be remitted back into his/her leave account. For a Railway servant who is unable to submit an application or medical certificate on account of disability, an application/medical certificate submitted by a family member may be accepted.

3. Further, keeping in view the provisions of the Section 47 of PWD Act, 1995 and the judgment of the Hon’ble Supreme Court in Bhagwan Dass & Anr Vs Punjab State Electricity Board (2008) 1 5CC 579, it has been decided that whenever a Railway servant seeks voluntary retirement citing medical grounds, or when the said notice has been submitted due to a disability, the administrative authorities shall examine as to whether the case is covered under Section 47 of PWD Act, 1995. In case the provisions are applicable, the Railway servant shall be advised that he/she has the option of continuing in service with the same pay scale and service benefits.

3.1 In case a disabled Railway servant reconsiders his decision and withdraws the notice for voluntary retirement, his case shall be dealt with under the provisions of the Section 47 of PWD Act, 1995. If however, in spite of being so advised, such Government servant still wishes to take voluntary retirement, the request may be processed as per applicable rule.

4. It is requested to keep the above in view while processing cases of requests for voluntary retirement and leave from disabled Railway servants under the provisions of the Section 47 of PWD Act, 1995.

5. This issues with the concurrence of the Finance Directorate of the Ministry Of Railway.

6. Please Acknowledge receipt.

(Anil Kumar)
Dy.Director/E(P&A)-I
Railway Board

Signed Copy

Opening of New Kendriya Vidyalaya at Nileshwar, Kasaragod District

Opening of New Kendriya Vidyalaya at Nileshwar, Kasaragod District

KENDRIYA VIDYALAYA SANGATHAN

F.11029-11/2015-KVS(Admin-I)/Vol-II

DAte : 01.09.2017

OFFICE-ORDER

Kendriya Vidyalaya Sangathan vide office-order of even number dated 30.03.2017, conveyed approval of Government of India, for establishing 50 new Kendriya Vidyalayas under Civil Sector with the stipulation that the sponsoring authority concerned is required to transfer the identified and demarcated land and also to give possession of the same to KVS prior to opening of the new Kendriya Vidyalaya. Kendriya Vidyalaya Nileshwar, District Kasaragod, Kerala is one of the 50 new Kendriya Vidyalayas sanctioned.

Since the land in the matter of this Kendriya Vidyalaya has been transferred in favour of Kendriya Vidyalaya concerned, sanction of the Commissioner, KVS is hereby conveyed to start a new Kendriya Vidyalaya under Civil Sector with immediate effect, at the following location:

Name of Kendriya Vidyalaya : Nileshwar, District Kasaragod.

Kendriya Vidyalaya will be made functional at : C/o GWLPS Compound, Kadinhimoola Thaikadappuram (PO) Nileshwar (Via), District Kasargod – 671314 (Kerala)

The above Vidyalaya will start functioning from class Ito V (single section in each class) during the academic year 2017-18 and thereafter will grow consequently based on feasibility.

The admission process may be completed within 30 days from the date of issue of this order.

(Dr. E. Prabhakar)
Joint Commissioner (Pers.)

Signed copy

Tamilnadu Government Employees New Health Insuarance Scheme 2016

Tamilnadu Government Employees New Health Insuarance Scheme 2016

FINANCE [Salaries] DEPARTMENT
G.O.(Rt) G.O.(Rt) No.695, Dated , Dated , Dated 1st September 2017
(Heyvilambi, Avani-16, Thiruvalluvar Aandu-2048)

ABSTRACT

New Health Insurance Scheme, 2016 for the employees of Government Departments and other Organisations – Empanelment of Accredited Hospitals – Approval of additional hospitals and inclusion of additional specialities based on the recommendations of the Accreditation Committee – Notified – Orders – Issued.

Read:-

1. G.O.Ms.No.309, Finance (Salaries) Department, dated: 14-08-2012.
2. G.O.Ms.No.169, Finance (Salaries) Department, dated: 09-06-2016.
3. G.O.Ms.No.202, Finance (Salaries) Department, dated: 30-06-2016.
4. G.O.Rt.No.199, Finance (Salaries) Department, dated: 21-03-2017.
5. From the Principal Secretary/Commissioner of Treasuries and
Accounts, Lr.Rc.No.11901/NHIS-2/2017, dated 17.08.2017.

-oOo-

ORDER:

In the Government Order first read above, Government has constituted an Accreditation Committee for empanelment of accredited hospitals and to monitor the quality of treatment consisting of the Commissioner of Treasuries and Accounts, the Director of Medical and Rural Health Services and a representative of the United India Insurance Company Limited.

2. In the Government Order second and third read above, orders have been issued for the implementation of New Health Insurance Scheme, 2016 to provide Health Care Assistance to the employees of Government Departments, Public Sector Undertakings, Statutory Boards, Local Bodies, State Government Universities, willing State Government Organisations/ Institutions and their eligible family members with a provision to avail cashless assistance upto Rs.4.00 lakh (Rupees Four lakh only) and an enhanced assistance of Rs.7.50 lakh has been allowed for specific illness like Cancer, for certain organ transplantations, etc., for a block of 4 years on selection of a suitable Public Sector Insurance Company through National competitive bidding.

3. In the implementation procedures for New Health Insurance Scheme, 2016 included in the Annexure I to the Government Order third read above it is provided for inclusion of additional list of approved hospitals and treatments/surgeries based on the report of the Accreditation Committee.

4. In the Government order fourth read above, orders have been issued to include 72 additional hospitals and additional specialities in 5 existing hospitals in the Approved List of Hospitals under New Health Insurance Scheme, 2016.

5. The Principal Secretary/Commissioner of Treasuries and Accounts in his letter fifth read above has submitted proposals to include 81 additional hospitals and additional specialities in one existing hospital in the Approved List of Hospitals under New Health Insurance Scheme, 2016 as recommended by the Accreditation Committee.

6. The Government, after careful consideration of the recommendations of the Accreditation Committee, have decided to include 81 (Eighty one) additional hospitals and additional specialities in one existing hospital in the List of Approved Hospitals under New Health Insurance Scheme, 2016 as detailed in the Annexure – I & II to this order and issue orders accordingly.

(BY ORDER OF THE GOVERNOR)

K.SHANMUGAM
ADDITIONAL CHIEF ADDITIONAL TO GOVERNMENT

Tamilnadu Government Employees New Health Insuarance Scheme 2016 & Hospital Lists

Dress Allowance – 7th CPC Allowances DOPT ORDER

Dress Allowance – 7th CPC Allowances DOPT ORDER

F. No. 14/4/2015-JCA 2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel & Training)
Establishment (JCA-2) Section

North Block, New Delhi
Dated: August 31, 2017

OFFICE MEMORANDUM

Subject: Implementation of recommendation of the Seventh Central Pay Commission on Dress Allowance — regarding.

The undersigned is directed to state that in pursuance of the decisions taken by the Government on the recommendations of Seventh Central Pay Commission, and in supersession of the existing orders relating to admissibility of Uniform Allowance/ Washing allowance/ Stitching Charges /Shoe allowance, etc to common categories of Group ‘C’ and erstwhile Group ‘D’ employees of various Ministries/Departments, including attached/ subordinate offices, who are supplied uniform and are required to wear them regularly, they shall be paid Dress Allowance at the rate of Rs. 5000/- per year.

2. The Uniform Allowance / Washing Allowance/Stitching Charges/Shoe Allowance, etc. have been subsumed in Dress Allowance.

3. The categories of Staff who were earlier being provided uniforms if any, shall henceforth not be provided with uniform.

4. Allowance related to maintenance and washing of uniform is subsumed under Dress Allowance, and will not be payable separately.

5. The amount of Dress Allowance shall be credited to the salary of employees directly once a year in the month of July.

6. The rate of Dress Allowance shall be, as mentioned in para-1 above, Rs.5000/- per year. The rate of Dress Allowance shall go up by 25% every time the Dearness Allowance rises by 50%.

7. This allowance covers only the basic uniform of the employees. Any special clothing will continue to be provided by the concerned Ministry as per existing norms.

8. This order shall take effect from 1st July, 2017.

All Ministries/Departments of the Government of India

(D.K.Sengupta)
Deputy Secretary (JCA)

Signed copy

Concessional telephone facility to serving employees of BSNL

Concessional telephone facility to serving employees of BSNL
Free Night calling facility regarding

BHARAT SANCHAR NIGAM LIMITED

No. 2-03/2007-PHA (Pt.)

Dated: August 29, 2017

CIRCULAR No.06/2017-PHA

Subject: Concessional telephone facility to serving employees of BSNL – Free Night calling facility regarding.

In continuation to this office circular No.18/2007-PHA dated 20.09,2007 the competent authority has reviewed and approved the extension of Free Night calling facility to BSNL serving Group B,C & D employees having residential service telephone connection and concessional telephones connection as extended to any other subscribers and retired BSNL employees.

All other terms and conditions of circulars issued earlier regarding the policy guidelines shall remain unchanged .

Hindi version of this circular will follow,

(S.K.Bhardwaj)
AGM(Admn-PHA)

Signed copy

AICPIN for the month of July 2017

AICPIN for the month of July 2017

Consumer Price Index for Industrial Workers (CPI-IW) – July, 2017

No. 5/1/2017-CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

`CLEREMONT’, SHIMLA-171004
DATED: 31st August, 2017

Press Release

Consumer Price Index for Industrial Workers (CPI-IW) – July, 2017

The All-India CPI-IW for July, 2017 increased by 5 points and pegged at 285 (two hundred and eighty five). In terms of monthly change, it increased by (+) 1.79 per cent between June, 2017 and July, 2017 when compared with the increase of (+) 1.08 per cent for the corresponding months of last year.

The maximum upward pressure to the change in current index came from Food group contributing (+) 3.12 percentage points to the total change. The House Rent index further accentuated the overall index by (+) 0.70 percentage points. At item level, Rice, Pure Ghee, Chillies (Green), Onion, Bitter Gourd, Brinjal, Gourd, Lady’s Finger, Palak, Parwal, Potato, Pumpkin, Tomato, Torai, Banana, Cucumber, Mango, Tea (Readymade), Bidi, Cooking Gas, Kerosene Oil, etc. are responsible for the increase in index. However, this increase was checked by Wheat, Arhar Dal, Masur Dal, Urd Dal, Coconut Oil, Mustard Oil, Poultry (Chicken), Coconut, Lemon, Petrol, etc., putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 1.79 per cent for July, 2017 as compared to 1.08 per cent for the previous month and 6.46 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at (-) 0.32 per cent against (-) 1.28 per cent of the previous month and 9.34 per cent during the corresponding month of the previous year.

At centre level, Jamshedpur reported the maximum increase of 12 points followed by Delhi and Ranchi-Hatia (11 points each), Raniganj and Jaipur (10 points each) and Varanasi and Amritsar (9 points each). Among others, 8 points increase was observed in 2 centres, 7 points in 7 centres, 6 points in 7 centres, 5 points in 11 centres, 4 points in 10 centres, 3 points in 13 centres, 2 points in 9 centres and 1 point in 5 centres. On the contrary, Goa recorded a decrease of 1 point. Rest of the 6 centres’ indices remained stationary.

The indices of 34 centres are above All-India Index and 42 centres’ indices are below national average. The indices of Amritsar and Lucknow centres remained at par with All-India Index.

The next issue of CPI-IW for the month of August, 2017 will be released on Friday, 29th September, 2017. The same will also be available on the office website www.labourbureaunew.gov.in.

(SHYAM SINGH NEGI)
DEPUTY DIRECTOR GENERAL

DA Calculation Sheet

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