The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval for amendments to Section 44 and consequential amendments of the Lokpal and Lokayuktas Act, 2013 by introducing the Lokpal and Lokayuktas (Amendment) Bill, 2016 in the Parliament.
The approved amendments will address concerns and apprehensions expressed by different categories of public servants and addresses the difficulties being faced in implementing the provision of section 44 of the Lokpal and Lokayuktas Act, 2013. The amendments are in line with one of the recommendations of the Standing Committee.
The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval for amendments to the Maternity Benefit Act, 1961 by introducing the Maternity Benefit (Amendment) Bill, 2016 in Parliament.
The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.
The amendments to Maternity Benefit Act, 1961 are as follows:
• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two childern.
• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.
• Facilitate’Work from home’. • Mandatory provision of Creche in respect of establishment having 50 or more employees.
Justification:
• Maternal care to the Child during early childhood – crucial for growth and development of the child.
• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.
• Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.
• In Tripartite consultations, all stake holders, in general supported the amendment proposa
GOVERNMENT OF INDIA MINISTRY OF FINANCE RAJYA SABHA STARRED QUESTION NO-244 ANSWERED ON-09.08.2016
Seventh Pay Commission Committee for allowances
244 . Shri Ram Kumar Kashyap
(a) the steps being taken by the Government for implementing the recommendations of Seventh Pay Commission;
(b) the details of the Committee constituted regarding allowances and minimum pay, domain and time-limit thereof;
(c) by when the recommendations of the Commission regarding pay and allowances will be actually implemented; and
(d) the reasons for delay in this regard?
ANSWER MINISTER OF FINANCE (SHRI ARUN JAITELY)
A statement is laid on the Table of the House.
Statement Annexed with the Rajya Sabha Starred Question No. 244 for 09.08.2016 by Shri Ram Kumar Kashyap on Seventh Pay Commission Committee for Allowances
(a) to (d): The Government has decided to implement the recommendations of the 7th Central Pay Commission relating to pay, pension and related issues. The resolution on Government decisions has been issued on 25.07.2016. The matters relating to pay and pension, as decided by the Government, have been implemented with effect from 01.01.2016. In view of the significant departure from the existing provisions recommended by the 7th CPC and a number of representations received from Employee Associations and other stakeholders in this regard, the Government has decided that recommendations on allowances, other than Dearness Allowance, be examined by a Committee comprising Finance Secretary as Chairman and Secretaries of Home Affairs, Defence, Health and Family Welfare, Personnel & Training, Posts and Chairman, Railway Board as Members for examination before taking a final decision. The Committee has been asked to submit its report within four months. This Committee has been constituted on 22.07.2016 and the first meeting of the Committee has been held on 04.08.2016.
7th CPC – Fitment Factor and Pay Fixation for Running Staff – NFIR
NFIR
National Federation of Indian Railwaymen
3, CHELMSFORD ROAD, NEW DELHI – 110 055
Affiliated to :
Indian National Trade Union Congress (INTUC)
International Transport Workers’ Federation (ITF)
No. IV/NFIR/7CPC(Imp)/2016/R.B.
Dated: 04/08/2016
The Secretary (E),
Railway Board,
New Delhi
Dear Sir,
Sub: Implementation of the recommendations of 7th CPC — Fitment Factor and Pay Fixation for Running Staff-reg.
Ref: (i) NFIR’ s letter No. IV/NFIR/7CPC(Imp)/2016/R.B. dated 13/07/2016.
(ii) Board’s letter No. PC-VII/2016/RSRP/2 dated 02/08/2016 (RBE No.93/2016).
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The Federation vide its letter dated 13/07/2016 requested the Railway Board that in view of 30% pay element of Running Staff needed to be taken for arriving at the “multiplier factor”, it was suggested to maintain the same at “3” instead of “2.57”. Federation is however disappointed to note that the Railway Board instead of following the simple procedure has complicated and mutilated the pay fixation formula/procedure of Running Staff as per illustration given in Annexure ‘C’ of Board’s letter No. PC-VII/2016/RSRP/2 dated 02/08/2016 (RBE No. 93/2016).
In this connection, the Federation brings to the notice of the Railway Board that in the Resolution circulated by the Ministry of Finance (Department of Expenditure) vide No. 12/2016-IC on 25th July 2016 in Para 12, it has been mentioned that in respect of Railway employees to whom Running Allowance is admissible, it will be ensured that the actual rise in pay at the time of initial fixation is about 14.29% as recommended by the Pay Commission. Federation feels sad to convey that the said decision of the Ministry of Finance has not been complied with by the Railway Ministry particularly in respect of Running Staff.
In case of Running Staff with Rs.1000/- Basic Pay, he will get Dearness Allowance Rs.1,625/-, thus, the total would be Rs.2,625/-. In terms of Gazette Para 12, minimum benefit 14.29% should be given to Running Staff. 14.29% of Rs.2,625/- is Rs.375/-. Thus Basic Pay + Dearness Allowance + Minimum Guaranteed Benefit = 1000 + 1625 + 375 = Rs.3,000/-. From this, it is clear that the Running Staff having Basic Pay of Rs.1000/- should be fixed at Rs.3000/-. But in the illustration given in RBE 93/2016, Running Staff with Basic Pay of Rs.19,930/- is fixed at Rs.58,694/-, which works out 12.19% which is clear violation of Para 12 of Gazette Notification.
In view of the above, the Annexure of Board’s letter dated 02/08/2016 is needed to be redrawn to ensure justice to the Running Staff. NFIR, therefore, requests the Railway Board to consider the above points and issue modification immediately duly endorsing copy to the Federation.
CGDA – Implementation of 7th CPC Recommendations – Instructions Reg
IMPORTANT/IMMEDIATE CIRCULAR
CGDA,Ulan Batar Road, Palam, Delhi Cantt – 110010
AN/XIV/14162/Seventh CPC/Vol-I
Dated: 05.08.2016
To,
All PCsDA/CsDA/PIFA/IFAs/PCA(Fys)Kolkata/JCDA(AF) Nagpur
CDA (ITSDC) Secunderabed
Subject: Implementation of Seventh Central Pay Commission Recommendations – Instructions Regarding.
A copy of Ministry Of Finance, Department of Expenditure (Implementation Cell, 7th CPC) Office Memorandum bearing No.1-5/2016-IC dated 29.07.2016, Ministry of Finance (Department of Expenditure) notification No.512 dated 25.07.2016, Ministry of Finance (Dept of Expenditure) Resolution dated 25.07.2016 may please be downloaded from the CGDA website inter alia the instructions laid down as under so far as regulation of pay of DAD employees as per 7th CPC is concerned.
2. The salient features of the notification are as under:-
(i) Minimum Pay in government with effect from 01.01.2016 at Rs.18000/- per month
(ii) Fixation of initial pay in the revised pay Structure
The Manner of initial fixation of pay has been indicated in Rule 7 of CCS(RP) Rules 2016. The fixation of pay of the employee in the pay Matrix will be determined by multiplying the existing pay (Pay in Pay Band plus Grade Pay) in the pre-revised structure as on 31st day of Decemeber, 2015 on 1st day of January, 2016. The existing pay (Pay in Pay Band plus Grade pay) in the pre-revised structure as on 31st day of December, 2015 shall be multiplied by a factor of 2.57 and the figure so arrived at is to be located in the Level corresponding to Employee’s Pay Band and Grade Pay or Pay Scale in the new Pay Matrix. The pay Matrix comprising two dimensions having horizontal range in which each level corresponds to a “functional role in the hierarchy” with number assigned 1,2,3 and so on till 18 and “vertical range” denoting “Pay progression” has been laid down at Schedule read with Rule 3 (vi) and 7(2) of CCS(RP) Rules 2016. Illustration for pay fixation has been given under Rule 7 of RPR 2016.
If a cell identical with the figure so arrived at is available in the appropriate level, that Cell shall be the revised pay, otherwise the next higher cell in that level shall be the revised pay of the employee. The fitment factor of 2.57 to be applied uniformly for all employees. All PCsDA/CsDA may circulate copies of RPR 2016 to all sections in Main Office and sub offices and obtain a certificate from them all the staff members have noted its contents.
(b) In case, a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up gradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.
(c) The fixation of pay in case of promotion from one level to another in the revised pay structure on or after 01.01.2016 will be regulated as under:
One increment shall be given in the level from which an employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the level of the post to which he is promoted and where no such cell in available in the level to which he is promoted, he will be placed at the next higher cell in that Level.
(d) The option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of existing pay band and Grade pay of scale.
(e) the aforesaid option is not applicable to any person appointed to a post for the first time in government service or by transfer from another post on or after 1st day of January 2016.
(f) where the Government servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised, the difference/excess arrived at shall be allowed to such Government servants as personal pay to be absorbed in future increases in pay.
(g) MACP will continue to be administered at 10,20 and 30 years as before and granted in hierarchy horizontally in new pay Matrix. i.e the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of organized Group “A” services.
(h) Pay of employees whose pay have been fixed conditionally based on direction of Hon’ble court order and the same is still sub-judice before Hob’ble court may be fixed under CCS(RP)2016 conditionally/provisionally subject to outcome/finalization of appeals filed before respective courts.
(iii) Fixation of pay of employees appointed by direct recruitment on or after 1st day of January 2016
Pay of direct recruits appointed on or after 1st day of January 2016 shall be fixed at the minimum pay or the first cell in the level, applicable to the post to which such employees are appointed.
Provided that where the existing pay of such employee appointed on or after 1st day of January 2016 and before the notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January 2016, such difference shall be paid as personal pay to be absorbed in future increments of pay.
(iv) Increments in Pay Matrix
The Increments in pay Matrix will move vertically down the same cells applicable in the pay Matrix. Illustation to regulate the same has been laid down under Rule 9 of CCS(RP) Rules 2016.
(v) Date of increment in the revised Pay structure
There will be two dates for grant of increment namely, 1st January and 1st July every year, instead of existing uniform date of 1st July:
provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgradation.
(b) The increment in respect of an employee appointed/Promoted/financial upgradation including Modified Assured Career Progression Scheme during the period between 2nd January and 1st July (both inclusive) shall be granted on 1st January and those appointed/promoted/financial upgradation including Modified Assured career Progression Scheme between 2nd July and 1st January (both inclusive) shall be granted on 1st July. Illustrations to regulate the same has been provided under Rule 10 of CCS (RP) Rule 2016.
(c) Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from “Good” to “Very Good”.
Annual increments will be withheld in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service.
(vi) Rate of Allowances
The revised rates and the date of effect of all allowance (other than Dearness Allowance) based on the recommendations of the 7th central Pay Commission shall be notified subsequently and separately, Until then, all such allowances shall continue to be reckoned and paid at the existing rates under the terms and conditions prevailing in the pre-revised pay structure as if the existing pay structure has not been revised under CCS(RP) Rules 2016 issued on 25.07.2016
The reference base for calculation of Dearness Allowance shall undergo change in the revised RPR 2016 will be linked to average index as on 01.01.2016 and notified by government at a later stage.
(vii) Regulation of Interest free advances
The existing system of interest free advances for medical treatment, Travelling Allowance for family of deceased, travelling Allowance on tour or transfer and LTC shall continue as hitherto. The recommendation of the seventh Central Pay Commission relating to interest bearing advances (refer Para 9.15 of Report) has alo has been accepted by the Government.
(viii) Payment of Dearness Allowance
The revised pay structure effective from 01.01.2016 includes the Dearness Allowance of 125% sanctioned from 01.01.2016 in the pre-revised pay structure. The Dearness Allowance in the revised pay structure shall be zero from 01.01.2016
The rate and date of effect of the first installment of Dearness Allowance in the revised pay structure shall be as per the orders to be issued in this behalf in future.
(ix) Deduction of CGEIS
The existing rate of monthly contributions under Central Government Employees Group Insurance Scheme (CGEGIS) shall continue to be applicable under the existing rates until further orders.
(x) Mode of Payment of arrears of Pay
The arrears accruing on account of revised pay consequent upon fixation of pay under CCS(RP) Rules 2016 w.e.f 01.01.2016 shall be paid in cash in one installment alongwith the payment of salary for the month of August 2016, after making necessary adjustment on account of GPF and NPS, as applicable, in view of the revised pay. the paying authority shall ensure that the action is taken simultaneously in regard to Government’s contribution towards enhanced subscription.
With a view to expedite authorization and disbursement of arrears, arrear claims may be paid without pre-check of fixation of pay in the revised scales of pay. However, the facility has not been dispensed with in respect of those Government servants who have relinquished service on account of dismissal, resignation, discharge, retirement etc. after the date of implementation of the pay Commission’s recommendations but before the preparation and drawl of arrear claims, as well as in respect of those employees who had expired prior to exercising their option for the drawal of pay in the revised scales.
The requirement of pre-check of pay fixation having been dispensed with, it is not unlikely that the arrears due in some cases may be computed incorrectly leading to overpayments that might have to be recovered subsequently. Therefore, paying authority, should, make it clear to the employees under their administrative control. while disbursing the arrears; that the payments are being made subject to adjustment from amounts that may be due to them subsequently sholud any discrepancies be noticed later. For this purpose, an undertaking may also be obtained in writing from every employee at the time of exercising option under Rule 6(1) thereof. A specimen form of the undertaking as prescribed as per a “Form of Option” under Rule 6(2) of CCS (RP) Rules 2016 is enclosed as Annexure-III.
In order to facilitate a smooth and systematic fixation of pay, a proforma has been annexed for the purpose (Statement of Fixation of Pay) is enclosed as per CCS(RP) 2016 to be prepared in triplicate and one copy thereof be placed in the service book of the employee concerned and another copy made available to the concerned accounting authorities [Chief controller of Account/controller of Accounts/Accounts Officer] for post check.
(xi) Deduction of Income Tax
In authorizing the arrears, Incomes Tax due may also be deducted and credited to Government in accordance with the instructions on the subject.
No. AB.14017/13/2016-Estt. (RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Dated: 9th August, 2016
OFFICE MEMORANDUM
Subject:- Seventh Central Pay Commission’s recommendations — revision of pay scales- amendment of Service Rules/Recruitment Rules
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The recommendations of 7th CPC have been considered by the Government and the CCS (Revised Pay) Rules 2016 have been issued by Department of Expenditure vide Notification dated 25th July, 2016. Consequently, in place of the Pay Band and Grade Pay, the revised pay structure comprising the “LEVEL in the PAY MATRIX has come into effect. In the light of this, it has now been decided that the existing Service Rules/Recruitment Rules shall be amended by the Ministries/Departments by substituting the existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY MATRIX” straightaway without making a reference to the Department of Personnel and Training (DOP&T)/Union Public Service Commission (UPSC). The heading of column No.4 of the Schedule in RRs may be modified to “LEVEL in the PAY MATRIX”. Similarly, in column 11 of Recruitment Rules, for promotion the corresponding “Pay Band and Grade Pay” needs to be replaced with corresponding “LEVEL in the PAY MATRIX”. In cases where deputation is also one of the methods of recruitment, the field of selection for deputation which includes various grades should also reflect the corresponding “LEVEL in the PAY MATRIX”.
2. The above amendments may be carried out by 30th September, 2016.
Sanskriti School in Delhi – Requirement of the children of All India/Central services officers and other transferable Government servants
Sanskriti School, Delhi was set up to primarily meet the requirement of the children of All India/Central services officers and other transferable Government servants who come on deputation to Government of India on a tenure basis. Some States such as Uttar Pradesh and Meghalaya have taken initiatives to set up schools in their States, similar to Sanskriti School, Delhi to meet the educational needs of the children of the Government servants who are posted on transfer.
The Government is of the view that as a welfare measure, setting up of Sanskriti type Schools would go a long way in removing the hardships faced by Government servants on transfer. In SLP(c) no. 35077/2015, the Supreme Court after the hearing held on 21.01.2016, in its order directed that the Children of the following officers shall be included into 60% quota, which has been reserved for children of officers of Civil Services/ Defence cadre and allied services :
“(i) All India Service Officers coming on transfer to Delhi on central deputation under the Central Staffing Scheme.
(ii) Indian Foreign Service officers coming to Delhi to man the posts in the Ministry of External Affairs.
(iii) Other eligible Central Service Officers (Group A) on transfer to Delhi under the Central Staffing Scheme.
Wards of (i), (ii) and (iii) coming on transfer to Delhi should not be denied admission in any class and even during middle of the academic session on first come first serve basis provided there is vacancy.
(iv) Officers from the Defence and other officers coming to Delhi on transfer.”
The directives of the Court are being followed by Sanskriti School.
This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Shri A.T.Nana Patil in the Lok Sabha today.
In view of reported irregularities and misuse of LTC, the Department of Personnel and Training (DoPT), vide O.M. No. 31011/3/2013-Estt.(A-IV) dated 12.07.2016, has issued draft guidelines to be followed while booking the air tickets for stakeholders consultation. The guidelines will be finalized after considering all the inputs received from the stakeholders.
This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Dr. C. Gopalakrishnan in the Lok Sabha today.
No proposal to introduce any new pension scheme for retired Central Government employees
Schemes for Retired Employees
The pension of Central Civil Government servants appointed on or before 31.12.2003 is governed by the Central Civil Services (Pension) Rules 1972 or the corresponding Pension Rules of other Services/Departments such as All India Services and Railways.
The Central Civil Government Servants appointed on or after 01.01.2004 are governed by the Defined Contribution-based Pension Scheme under the National Pension System.
The personnel belonging to the Defence Services continue to be eligible for pension under Defined Benefit Pension Rules applicable to defence personnel.
There is no proposal to introduce any new pension scheme for retired Central Government employees.
This was stated by the Union Minister of State (Independent Charge) Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh in a written reply to a question by Smt. Rekha Verma in the Lok Sabha today.
No. 399/5/2016-AVD-III
Government of India
Department of Personnel and Training
AVD-III Section
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North Block, New Delhi
Dated 8 August, 2016
Office Memorandum
Subject: Foreign Training Programme for Group ‘A’ officers of CVC and CVOs — regarding cooling off period.
The undersigned in directed to say that the Training Policy of the Central Vigilance (CVC) is under consideration in this Department. The said policy also has a Training component under which the para 8 of the policy specifies the following criteria that may be adopted while nominating officers of CVC for short-term programmes so that opportunities are available to officers on an equitable basis.
(i) Eligibility: All group ‘A’ officers in the Commission.
(ii) Officers who have undergone short-term training under DFFT scheme during their tenure in the Commission would not be eligible for consideration under this scheme for a period of two years while working in the Commission.
(iii) Similarly, candidature of officers would not be forwarded for short-term training ‘under DFFT scheme if they had undergone short-term training abroad (other than under DFFT scheme) within a period of two years of their tenure in the Commission.
2. In addition to this, there is also provision for Foreign Training for CVOs in Paras 15-17 of the Policy. It is proposed to add the following as Para 18 in the Policy:
The officers (CVOs) should not have undergone any foreign training under DFFT in the last 2 years as on 1 st April of the year in which training is being organized.”
3. It is requested that comments on the above, if any, may please be sent to the undersigned within a week.
(Sarita Nair)
Under Secretary to the Govt. of India
