GOVERNMENT OF INDIA MINISTRY OF DEFENCE RAJYA SABHA STARRED QUESTION NO-26 ANSWERED ON-19.07.2016
26 . Shri Mahendra Singh Mahra
(a) whether it is a fact that Government is paying Military Service Pay (MSP) to Armed Forces personnel, whose genesis is based on amount on the degree of ‘Hardships and Risk Factor’ they undergo while discharging their duties;
(b) whether the MSP being paid to the Armed Forces personnel is equal, and whether they face equal hardships and risk to life; and
(c) what measures Government contemplates to remove this discrimination?
ANSWER MINISTER OF DEFENCE SHRI MANOHAR PARRIKAR
(a) to (c): A Statement is laid on the Table of the House.
DOPT ORDER – One day paid weekly off for casual workers
No. F. 49019/1/95-Estt-(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi-110 001
Dated: 19th July, 2016
OFFICE MEMORANDUM
Subject: One day paid weekly off for casual workers -implementation of the Order of Hon’ble CAT, Ahmedabad bench in the OA No. 214 of 2003 filed by Smt. Bhikaben Pratapbhai Prajapati
***
The undersigned is directed to refer to the provisions of the of Department of Personnel and Training OM No.49014/2/86-Estt (C)dated 7th June, 1988 on recruitment of Casual Workers and daily wagers. As per para 1 (vi) of the above referred 0.M, the Casual workers may be given one paid weekly off after six days of continuous work.
2. The issue of paid weekly day off for casual workers employed in offices observing five day week has been examined in the light of dismissal of the SLP by the Hon’ble Supreme Court in the Bhikaben Pratapbhai Prajapati case .The issue of paid weekly off had come up for consideration in the OA No. 214 of 2003 filed by Smt Bhikaben Pratapbhai Prajapati in the Ahmedabad bench of Hon’ble CAT. The Tribunal observed:
23. What is important is that when offices work for a five days week and not for six days week, it is not at the behest of the causal workers where they can be treated differently. In our considered opinion, those workers should not be discriminated.
3. The Hon’ble CAT had directed that the respondents should draw a Scheme keeping the scales even pertaining to those who are working in an office having five days week preferably within four months, taking stock of the totality of the facts and also considering that those who are working in six days week are being given one weekly off.
4. At present, the weekly paid off day is allowed to casual workers employed in the offices observing six day week only. The issue has been reconsidered in consultation with Department of Expenditure in the light of the Court orders. It has been decided that casual workers working in offices having a five day week may be allowed one day paid weekly off provided they have worked for a minimum of 40 hours during the said week. The relevant provisions of the Department of Personnel and Training OM No.49014/2/86-Estt (C) 7th June, 1988 are amended to this extent.
CCS Rule 4 (3) – DOPT clarification of the Definition of “Members of Family”
DOPT ORDER 2016
F.No.11013/4/2016-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
North Block, New Delhi-110 001
Dated : 20th July, 2016
OFFICE MEMORANDUM
Subject : Clarification of the Definition of “Members of Family” in the context of Rule 4 regarding.
The undersigned is directed to say that as per rule 4 (1) of CCS (Conduct) Rules, 1964, no Government servant shall use his position or influence directly or indirectly to secure employriaent for any member of his family in any company or firm. Further, rule 4(3) reads as follows:
“No Government servant shall in the discharge of his official duties deal with any matter or give or sanction any contract to any company or firm or any other person if any member of his family is employed in that company or firm or under that person or if he or any member of his family is interested in such matter or contract in any other manner and the Government servant shall refer every such matter or contract to his official superior and the matter or contract shall thereafter be disposed of according to the instructions of the authority to whom the reference is made.”
2. As per rule 2 of the CCS (Conduct) Rules, 1964, the definition of “Members of Family” may differ from that given in the rule 2, sub clause (c) in the context of a rule. For removal of doubts it is clarified that in the context of rule 4(1) and 4(3) “Members of family” in relation to a Government servant include the wife or husband, son or daughter, parents, brothers or sisters or any person related to any of them by blood or marriage, whether they are dependent on the Government servant or
not.
3. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.
Implementation of recommendations of the 7th Pay Commission – Rajya Sabha Q&A
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
UNSTARRED QUESTION NO-199
ANSWERED ON-19.07.2016
Implementation of recommendations of the Seventh Pay Commission
199 . Shri D. Raja
(a) whether it is also a fact that the Government has decided to implement the recommendations of the Seventh Pay Commission for Central Government Staff;
(b) If so, the silent features thereof;
(c) whether it is also a fact that most of the Government employees are not satisfied with the announcement; and
(d) if so, the main issues of discontentment and Government’s reaction thereto?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI ARJUN RAM MEGHWAL)
(a) & (b): The Government has decided to implement the recommendations of the 7th Central Pay Commission in regard to matters relating to pay, pension and related issues.
(c) & (d): As and when any issue(s) is/are brought up for consideration by the Government, the same is considered keeping in view all relevant factors for an appropriate decision.
7th Pay Commission recommendations on parity between IAS and Non IAS officers
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
UNSTARRED QUESTION NO-191
ANSWERED ON-19.07.2016
Seventh Pay Commission recommendations on parity between IAS and Non IAS officers
191 . Shri D. Raja
(a) whether it is a fact that Government has not considered the Seventh Pay Commission’s contentious recommendation for parity between IAS and Non-IAS officers when Government decided on the implementation of the recommendations of the panel; and
(b) If so, the details and reasons therefor?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI ARJUN RAM MEGHWAL)
(a) & (b): 7th Pay Commission could not arrive at a consensus on this issue. Therefore, the matter will be examined by the concerned Department in detail for further consideration
NJCA will discuss shortly and take appropriate decision for FM Reply in Rajya Sabha
7th CENTRAL PAY COMMISSION REPLY OF THE FINANCE MINISTER IN RAJYA SABHA
Dear Comrades,
We are reproducing below the reply given by the Hon’ble Finance Minister Shri Arun Jaitley in the Rajya Sabha on 19-07-2016 —
The Finance Minister has made it clear that “the government is responsive to the concerns of the Employees’ Associations and it would be the endeavor of the Government to ensure that the eventuality of a strike does not arise.”
Regarding increasing of the multiplication factor, the Finance Minister replied that:
The assurance given to the NJCA leaders by the Group of Ministers (including Finance Minister) on 30-06-2016 is that enhancement in minimum pay and fitment factor (multiplication factor) will be considered favourably by the Government, once the proposal in this regard is submitted to Government by the proposed “High Level Committee” within four months. Hence, the matter will come for the “consideration” of the Govt. only after submission of the report by the High Level Committee.
In that sense, technically, the reply of the Finance Minister that “at present” there is no such proposal under consideration of the Government, may not be taken in a different manner and we need not jump into the conclusion that multiplication factor will not be increased.
However, giving due importance to the concerns expressed by many of our comrades and grass-root level leaders, the NJCA will discuss this issue shortly and take appropriate decision. NJCA is keenly observing the move of the Govt. and any going back from the assurances given by the Group of Ministers or any betrayal of 33 lakhs Central Govt. Employees and 40 lakhs pensioners by the NDA Govt., shall result in revival of the deferred strike by the NJCA and Government will be solely responsible for all consequences.
Amendments in All India Service (Conduct) Rules, 1968 in Connection with Public / Social Media
DOPT ORDER 2016
No. 11011/01/2015-A1S-ill
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
North Block, New Delhi-110001
Dated: 18th July, 2016.
To,
The Chief Secretaries of all the States/UTs,
Subject : Amendments in All India Service (Conduct) Rules, 1968.
Sir/Madam,
I am directed to refer to the subject mentioned above and has to say that a committee was constituted to review All India Service Rules. The committee inter-alia proposed certain amendments to the All India Service (Conduct) Rules, 1968. Accordingly, a statement showing the existing rule and the proposed amendment in All India Service (Conduct) Rules, 1968 is enclosed.
2. Therefore, it is requested to furnish your comment/views on the proposed amendments latest by 12thAugust, 2016. The comments/views may also be sent by email at so- ais3Onic.in.
3. This issues with the approval of Competent Authority.
Encl: As above.
Yours faithfully,
(Rajesh ar Yadav)
Under Secretary to the Government of India
Tel. 011-23094714
Fax: 011-23092344
Proposed amendments in AIS(Conduct)Rules, 1968
SI No
Existing rules
Proposed Amendment
Comments / Views
1
Rule 6 Connection with press or radio—Previous sanction of the Government shall not be required when the member of the service, in the bonafide discharge of his duties or otherwise, publishes a book or contributes to or participates in a public media.
Connection with press or radio or television or video or social/public media—Previous sanction of the Government shall not be required when the member of the service, in the bonafide discharge of his duties or otherwise, publishes a book or article or contributes to or participates in any public media including social media websites.
2
Rule? Criticism of Government.—No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his own name or in the name of any other person or in any communication to the press or in any public utterance, make any statement of fact or opinion,—
i. Which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State
Government; or
ii. which is capable of embarrassing the relations between the Central Government and any State Government; or
iii. which is capable of embarrassing the relations between the Central Government and the Government of any Foreign State:
Provided that nothing in this rule shall apply to any statement made or views expressed by a member of the Service in his
official capacity and in the due performance of the duties assigned to him.
Criticism of Government.— No member of the Service shall, in any radio broadcast or communication over any public media or in any document published anonymously, pseudonymously or in his own name or in the name of any other person or in any communication
to the press or in any public utterance, make any statement of fact or opinion,—i. Which has the effect of an adverse criticism of any current or recent policy or action of the Central Government or a State
Government; orii. which is capable of embarrassing the relations between the Central Government and any State Government; oriii. which is capable of embarrassing the relations between the Central Government and the Government of any Foreign State:
Provided that nothing in this rule shall apply to any statement made or views expressed by a member of the Service in his official capacity and in the due performance of the duties assigned to him.
NOTE: The member of service shall also not make any such statement on television, social media or any other communication application. The word “Document” may also include a caricature.
3
Rule 12 (1)(ii) the acceptance of simple and inexpensive entertainments arranged by public bodies or institutions.
the acceptance of simple and inexpensive entertainment events arranged by public bodies or institutions.
4
Explanation I below Rule 16 For the purpose of this rule, the expression movable property includes inter alia the following
property, namely:-(a) jewellery, insurance policies the annual premia of which exceeds *two months basic pay of the member of Service,
shares, securities and debentures;(b) loans advanced by or to such member of the Service, whether secured or not;(c) motor cars, motor cycles, horses, or any other means of conveyance; and
(d) refrigerators, radiograms and television sets.
Explanation I under Rule 16 For the purpose of this rule, the expression movable property includes inter alia the following
property, namely:-(a) jewellery, insurance policies the annual premia of which exceeds two months basic pay of the member of Service, shares,
securities and debentures;(b) loans advanced by or to such member of the Service, whether secured or not;(c) automobiles or any other means of conveyance of value exceeding two months of basic pay; and
(d) household equipments of value exceeding two months basic pay.
7th Pay Commission – Govt has no such proposal to increase multiplication factor to 3
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
RAJYA SABHA
QUESTION NO 28
ANSWERED ON 19.07.2016
Statement Annexed with the Rajya Sabha Starred Question No. 28 for 19.07.2016 by Shri Neeraj Shekhar on 7th Central Pay Commission Recommendations
Here is the reply from Finance Minister
(a) whether Government has implemented the 7th Central Pay Commission recommendations; (b) if so, the details thereof along with the date of notification thereof;
Answer : (a) & (b): The Government has decided to implement the recommendations of the 7th Central Pay Commission relating to pay, pension and related issues. The requisite notifications are being issued shortly.
(c) whether increase in pay of Central Government Officials is historically low under 7th CPC; if so, the reasons thereof;
Answer : The increase in pay as recommended by the 7th Central Pay commission is based on the detailed deliberations by the Commission keeping in view all relevant factors having a bearing upon the prevailing circumstances
(d) whether employees unions/trade unions have announced to go on indefinite strike against the historically low revision of salaries by Government, if so, the response of Government thereto; and
Answer : Employee Associations of Central Government had given a call for strike with effect from 11.07.2016 which has since been deferred. However, the Government is responsive to the concerns of the Employees’ Association and it would be the endeavour of the Government to ensure that the eventuality of a strike does not arise.
(e) whether uniform multiplication factor of at least 3 is proposed to be applied for revision of pay under 7th CPC; if not, the reasons therefor?
Answer : In view of the multiplication factor having been accepted based on the recommendations of the 7th Central Pay commission, no such proposal is under consideration of the Government, at present.
An Expert Committee has been constituted by Union Public Service Commission (UPSC) under the chairmanship of Shri B. S. Baswan to comprehensively examine the various issues, raised from time to time regarding the Civil Service Examination, with respect to the eligibility, syllabus, scheme and pattern of the Examination vide notice dated 12.8.2015. The committee has been given extension of time till August 2016 to submit its report.
Imparting training to the officers is a continuous process. The course content of the training is modified regularly as per the requirement.
This was stated by the Minister of State for Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Dr. Jitendra Singh in a written reply to a question by Shri Ajay Nishad in the Lok Sabha today.
A Judicial Committee on OROP headed by Justice L. Narasimha Reddy, Retired Chief Justice of Patna High Court has been appointed vide Government order dated 14.12.2015 to look into anomalies, if any, arising out of implementation of OROP. The Committee shall make its recommendation within one year of the date of its constitution.
This information was given by Minister of State for Defence Dr. Subhash Bhamre in a written reply to Shri Mahendra Singh Mahra in Rajya Sabha today.
