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Meeting on Amendment in EPF & MP Act, 1952

Shri Bandaru Dattatreya Chairs Tripartite Meeting on Amendment in EPF & MP Act, 1952

The Union Minister of State (Independent Charge) for Labour & Employment, Shri Bandaru Dattatreya has chaired the tripartite meeting on the proposed amendments to Employees’ Provident Funds and Miscellaneous Provisions Act’ 1952 in New Delhi yesterday.

The main proposal for amendments in the Employees’ Provident Fund & Miscellaneous Provisions Act’ 1952 are to bring the threshold of coverage from 20 employees to 10 employees. This will ensure a wider coverage and extension of social security benefits to hitherto uncovered areas. The ‘Schedule of Industries’ provided in the Act has already grown to more than 182 industries. The Government proposes to do away with the ‘Schedule of Industries’ and come up with a ‘Negative List’. It is also proposed to reduce the size of the CBT to make it an active decision making body. In order to remove the discretion, a limit of 5 years has been proposed in regard to assessment of dues against the establishment. However, to reduce the problems arising out of ex-parte assessments etc., a new appellate provision by appointment of Appellate Officer has also been proposed. To avoid protracted litigation, provisions for compounding of offences in deserving cases has been introduced. Uniformity in regard definitions of ‘Wages’ is proposed to be introduced in line with the ESI Act. The Government of India is also contemplating promulgation of a comprehensive Labour Code on Social Security to bring together all legislations relating to social security.

The representatives of prominent trade unions like CITU, AITUC, INTUC, BMC, AICCTU, HMS and TUCC attended the meeting. Representatives of important employers’ associations like FICCI, CII, CIE, PHDCCI, ASSOCHAM etc. attended the consultations. Officers from Ministry of Labour & Employment and other Ministries of Central Government and NITI Aayog were also present.

The Unions and Associations welcomed the Government’s proposal to widen the coverage of EPF & simplification of procedures required for compliance. There was some disagreement regarding reduction in the size of CBT both from Employers’ and Employees’ side.

The Minister responding to suggestions from participants, stated that number of members of CBT will not be reduced and there will be no restriction on the number of terms of members of Central Board of Trustees. He also stressed the need to reduce the threshold limit for application of the EPF & MP Act’ 1952 to 10 employees from the existing 20 employees. He also announced that cards will be provided to unorganized sector workers, one house will be provided to every family of the contributory member. He also promised that Bill for Social Security for Unorganised Sector workers will be brought in. Concluding the discussion, he stated that all the suggestions received during the consultation will be considered while finalizing the Bill.

Source : PIB

Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in CPSE

No. 27(8)EO/2014(ACC)
Government of India
Secretariat of the Appointments Committee of the Cabinet
Department of Personnel & Training
Office of the Establishment Officer
*******

North, Block, New Delhi
Dated : 12.02.2015

OFFICE MEMORANDUM

Subject: Constitution of Search-cum-selection Committee for selection for appointment to a Board level post in Central Public Sector Enterprises(CPSEs).

Attention of all Ministries/Departments is invited to the Government of India Resolution dated 03.03.1987 as amended from time to time which provides that in special circumstances, the appointment to a particular post or posts in Public Sector Enterprises may be made other than through the PESB with the prior and specific approval of the Appointments Committee of the Cabinet(ACC). The said Resolution also stipulates that the Appointments Committee of the Cabinet, while granting such an approval, will also specify the body such as Search Committee, Selection Committee, or the Civil Services Board, as the case may be, that shall make the selection for that particular post or posts as well as the selection procedure to be followed for filling the particular post or posts.

2. The issue of constitution of Search-cum-Selection Committees for appointment to Board level posts in a Central Public Sector Enterprise(CPSE) has been considered and it has been decided with approval of the ACC that in cases where Search-cum-Selection Committee method is approved for selection, the following guidelines for composition of Search-cum-Selection Committee for Board level posts in CPSEs would henceforth be followed by all Ministries/Departments:

(i) The Search-cum-Selection Committee shall be chaired by the Chairman, PESB. The Committee should normally consist of not more than 05 members including the Chairman and at least one outside expert of eminence. The Secretary of the concerned administrative Ministry/Department would invariably be a Member of such Search-cum-Selection Committee, if the selection is for the post of Chairman-cum-Managing Director (CMD). However, if the selection is for a Board level post other than that of CMD, in place of the concerned Secretary, an officer not below the rank of Additional Secretary of the administrative Ministry/Department may be included in the Committee.

(ii) In case of selection of Functional Directors, the concerned regular Chairman/CMD of the concerned PSU should invariably be included in the Search-cum-Selection Committee. However in the case of subsidiaries, the regular Chairman/CMD of the holding company shall be included in the Committee for selection of both Functional Directors and CMD of the subsidiary.

(iii) The composition of the Search-cum-Selection Committee shall be proposed by the concerned administrative Ministry / Department within 10 days of receipt of approval of the Competent Authority for filling up the post through the Search-cum-Selection Committee method. The proposal shall be examined and processed by the Office of the Establishment Officer and the constitution of the SCSC will-be approved by the Cabinet Secretary.

(iv) The job description of the post including the eligibility conditions shall be finalized by the administrative Ministry/Department in consultation with the PESB for Scheduled CPSEs. In case of uncategorised CPSEs, the job description, including the eligibility conditions etc., will be finalized by the Search-cum-Selection Committee itself.

(v) The vacancy shall be advertised by the concerned administrative Ministry/Department and be given wide publicity through open advertisement/circulation among various Ministries/ Departments/State Governments/Autonomous bodies/Research Institutes etc., and will also be uploaded on the website of the administrative Ministry/Department. On receipt of the applications, further processing including scrutiny of applications, for putting up before the SCSC would also be done by the concerned administrative Ministry/Department.

(vi) A period of not less than 4 weeks may be allowed for receipt of applications after issue of advertisement by the concerned administrative Ministry/Department, on the same lines as the provision in this regard contained in DoPT’s O.M. No. AB-14077/11/2004-Estt.(RR) dated 30.07.2007.

(vii) The Search-cum-Selection Committee will furnish only one name to the administrative Ministry/Department. A reserve name in a sealed envelope shall be kept in the personal custody of the Chairman, PESB and will be opened only on orders of the ACC.

(viii) The panel recommended by the Committee shall be valid for one year. If no selection is made from the panel within a period of one year, a fresh Committee shall be constituted to prepare a fresh panel. Such a Committee may also consider the names of persons recommended in the earlier panel.

(ix) On receipt of the recommendation of the Search-cum-Selection Committee, the timeline and the instructions regarding vigilance clearance prescribed in this Secretariat’s O.M. No. 27(4)/2014(ACC) dated 22.10.2014 would be followed for further processing of the proposals for consideration of the ACC.

(Virender Singh)
Under Secretary to the Government of India

Original DOPT Order : Click here

To start in-house Weekly Training in all Ministries/Departments

F.No.T-17/1/2014-CTP(CSS)
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training
(Training Division)

New Delhi, the 10th February 2015

OFFICE MEMORANDUM

Subject: To start in-house Weekly Training in all Ministries/Departments

The undersigned is directed to refer to this Department’s OM of even number dated 17th October 2014 (copy enclosed) wherein all Ministries/Departments were requested to start hourly in-house weekly training for their employees immediately, However information in this regard is awaited.

2. All Ministries/Departments are again requested to start hourly in-house weekly training and to inform the action taken to this Department for apprising the PMO.

(Sanjeev Kumar Jindal)
Director (Trg,)

Original Order : Click here

DOPT Clarification for earned leave encashment alongwith LTC

No.14028/2/2012-Estt(L)
Government of India
Ministry of Personnel, PG and Pensions
(Department of Personnel and Training)
*****

New Delhi, dated the 9th February, 2015.

OFFICE MEMORANDUM

Subject: Encashment earned leave alongwith LTC- clarification.

——-

The undersigned is directed to refer to DoPT’s O.M. No. 31011/4/2008- Estt.(A), dated 23s September, 2008 allowing encashment of earned leave alongwith LTC and to say that references have been received with regard to the number of times that a Government servant can avail of the encashment within the same block.

2. It is clarified that the Government servants governed by the CCS (Leave) Rules, 1972 and entitled to avail LTC may encash earned leave upto 10 days at the time of availing both types of LTCs, i.e. `Hometown’ and ‘anywhere in India’. However, when the one and the same LTC is being availed of by the Government servant and his family members separately in a block year, encashment of leave would be restricted to one occasion only.

3. Hindi version will follow.

(Mukul Ratra)
Director

Original DOPT order : Click here

Grant of Fixed Medical Allowance to the Railway pensioners / family pensioners

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

S.No. PC-VI/348
No. PC-V/2010/A/Med./1

RBE No. 1412014
New Delhi, dated 19.12.2014

The General Managers/ CAO(R),
All Indian Railways & PUs
(As per standard mailing list)

Subject – Grant of Fixed Medical Allowance (FMA) to the Railway pensioners/family pensioners-regarding.

At present Fixed Medical Allowance is granted to the Railway pensioners/family pensioners residing in areas beyond 2.5 Kms of Railway Hospital/Health Unit for meeting expenditure on their day-to-day medical expenses that do not require hospitalization. Orders were issued vide Board’s letter of even number dated 29.06.2010 (RBE No.92/2010) for enhancement of the amount of Fixed Medical Allowance from Rs.100/- to Rs.300/-p.m. w.e.f. 01.09.2008.

2. In this connection, Department of Pension & Pensioners Welfare (DoP&PW), the nodal department on the subject, have advised vide their O.M No.4/25/2008-P&PW(D), dated 19.11.2014 that the demand for enhancement of Fixed Medical Allowance has been under consideration of the Government for some time past and the amount of Fixed Medical Allowance has been enhanced from Rs.300/- to Rs.500/- per month, subject to the fulfilment of the conditions that (i) pensioner should be residing beyond 2.5 kms from the nearest health unit and (ii) the pensioner should not be availing OPD facility (except in case of chronic disease). The other conditions for grant of Fixed Medical Allowance shall continue to be as contained in Board’s letter No. PC-V/98/I/7/1/1, dt. 19.05.1999 (RBE No.109/99) read with Board’s instructions dt.01.03.2004.

3. These orders will take effect from 19th November, 2014 i.e the date of issue of DoP&PW’s OM on the subject.

4.This issue with the concurrence of the Finance Directorate of the Ministry of Railways

5. Hindi version is enclosed.

(N.P.Singh)
Dy.Director, Pay Commission – V
Railway Board

No. PC-V12010/ed./1

Source : Indian Railways

Recruitment to Multi Tasking Staff in Pay Band-1 – DOPT

No.AB-14017/6/2009-Estt (RR)
Government of India
Ministry of Personnel, Public Grievances 86 Pensions
Department of Personnel & Training
****

New Delhi, dated the 5th February, 2015

OFFICE MEMORANDUM

Subject: Recruitment to Multi Tasking Staff in Pay Band-1, with Grade Pay of Rs.1800/– Sending of requisition to Staff Selection Commission.

This Department vide OM of even number dated 12.5.2010 and reiterated vide OM dated 21st October, 2013 had issued instructions to all the Ministries / Departments that they have to intimate their requirements for Multi Tasking Staff (Non-Technical) in PB-1 Grade Pay Rs.1800/- to the Staff Selection Commission. The Ministries/Departments were also advised to take action simultaneously for framing Recruitment Rules for these posts in accordance with the Model RRs already circulated vide OM dated 30.4.2010.

2. It is once again reiterated that the posts of MTS are required to be filled up only through SSC as per the instructions of this Department. All Ministries / Departments may send their requirements as well as the requirements of their attached/subordinate offices also, for MTS ( PB-1 Grade Pay Rs.1800/-) to the Staff Selection Commission so that the Commission could initiate action for recruitment. The Staff Selection Commission is likely to issue advertisement on 1.8.2015.

3. Action pending, if any, may simultaneously be taken for framing of Recruitment Rules for these posts in accordance with the Model Recruitment Rules already circulated.

(Mukta Goel)
Director (E-I

Original DOPT Order : Click here

Minutes of the PNM meeting between Railway Board and NFIR

Minutes of the PNM meeting between Railway Board and

National Federation of Indian Railwaymen

held on

19th & 20th December, 2014

MINUTES

25/2012: Periodical Medical Examination – Relaxation for Loco Pilots and Guards declared with TYPE-II Diabetes – Reg.

It was agreed to allow appeals from employees decategorised in the last two years immediately prior to the date of issue of initial order allowing relaxation i.e. cases decided within a period of two years prior to the issue of Railway Board’s Letter No.2008/H/5/18 dated 20.05.2011.

44/2012: Retired Employees Liberalised Health Scheme (RELHS)-97) – Extension of scope to those retiring with less than 20 years service

Official Side stated that the proposal to consider the demand in case of normal superannuation cases has not been agreed to by Finance Dte. Federation strongly conveyed their discontentment as this was agreed to do so in the last PNM meeting. After consulting EDF(E) in the matter it was agreed to reconsider to cover those retired employees who joined late but retired at the normal superannuation age.

This will be processed in a month’s time.

59/2012: Eligibility for accommodation in the Railway Hospitals/ Recognised Hospitals-Non observance of laid down instructions – Staff facing hardship – review urgent

Necessary instructions have been issued to Zonal Railways vide Board’s letter No.2011/H-1/11/90/SCR/ Accommodation Criteria dated 25.08.2014.

(CLOSED)

7/2014: Recognition of corporate hospitals for referral facility for treatment of railway employees (serving & retired)

It was explained to the Federation that Railway Board has already given freedom to CMDs to inspect corporate hospitals and send the proposals for the recognition so that the best of healthcare services can be given to Railway patients at the time of need.

However, representatives of the Federation mentioned about reference from NF Railway and difficulties being faced in RWF, ICF etc. It was agreed to look into those cases for the needful action.

20/2014 (iii): Railway Hospital within the premises of the Coach Factory at Rae Bareli with required facilities of specialist & Super Specialties to attend to Health Problems of the staff and their family members yet to be established.

CMS(SAG) has already joined at RCF, Rae Bareli. He can engage specialist on HVS basis or can call on case to case basis. There is no specialist cadre of IRMS. On availability of specialist from UPSC they can be posted.

AM(Tele)

7/2013: Joint Procedure Order (JPO) for use of CUG/ Personal Mobile Telephones by Loco Pilots/ Assistant Loco Pilots/ Motormen and Guards – Review – urged

Missed Call Alert Facility is a premium service provided by Airtel to its subscribers. Any CUG user can opt for this facility and no separate instructions are required to be issued for this purpose.

(CLOSED)

EDPM

19/2013: Reservation for Tatkal by paying difference of Fare on passes/ PTOs

The matter was re-examined but it has not been found feasible to agree to the request.

(CLOSED)

13/2011: Provision of cooking facilities at Rest Rooms meant for Ticket Checking Staff

It was explained that there is no pending policy issue on which a dispute exist now. Improvement to TTEs rest houses has been taken with zonal railways with D.O. letter from CRB and MT. Further, the matter has also been followed up in CCM Conferences. Improvement and Maintenance of TTEs rest houses are continuous and ongoing process. Further the status report on TTE Rest Room over Zonal Railways and at Delhi, Mughalsarai and Lok Manya Tilak Terminus furnished to the Federation. After detailed deliberation it was agreed to send a further reference from Board (MT) highlighting the complaints made by the Federation on this PNM Item.

29/2014: Ticket Checking Squads – Change of nomenclature

Position advised by Official Side is enclosed as Annexure-A.

AM(Elect.)

25/2011: Problems encountered by A.C. Escorting staff due to deterioration in working conditions.

A separate meeting with Board (ML & MM) is yet to be held. It was stated by the Official Side that due to non availability of a regular MM, the meeting cannot be held immediately. Federation requested for holding this meeting very soon. It was agreed to fix the meeting date early.

24/2013: Urgent need for construction of a new Running Room at Mumbai Central – Western Railway.

The Federation’s representatives conveyed their utmost concern on this issue as due to lack of facility, the running staff are sometime required to wait for four to five hours for accommodation in the running room at Mumbai Central, Western Railway. They conveyed that this is a serious problem and needs immediate attention. The issue was discussed threadbare and it was decided to look into the matter and take quick action.

AM(CE)

3/2012: Career Progression and improvement of working conditions of Trackmen in the Railways – Implementation of the Report of the Joint Committee

Federation demanded implementation status on Board’s letters dated 17.08.2012 & 01.04.2014 in a month’s time. This was agreed to.

AM(Signal)

14/2010: Upgradation of posts commensurating with the increased work load and responsibilities – ESM Category – S&T Department.

Another separate meeting with AM(Signal) is to be held.

Continue to read : Click here

Minutes of the PNM meeting between Railway Board and AIRF

Minutes of the PNM meeting between Railway Board and All India Railwaymen’s Federation

held on
12th & 13th December, 2014

MINUTES

DG/RHS

7/2011: Qualifying Service for eligibility of RELHS-97.
&
22/2011: Retired Employees Liberalized Health Scheme RELHS.
&
4/2014: Relaxation in Qualifying Service of 20 years for RELHS.

Official Side stated that the proposal to consider the demand in case of normal superannuation cases has not been agreed to by Finance Directorate. Federation strongly conveyed their discontentment as this was agreed to do so in the last PNM meeting. After consulting EDF(E) in the matter it was agreed to reconsider to cover those retired employees who joined late but retired at the normal superannuation age.

19/2012: Formation of Food Safety and Standard Act, 2006, Organize Railways.

Official Side stated that this has been processed and at each zone, provision of Food Safety Officer (FSO) has been made. However, a proposal for provision of FSO at Divisional level would be initiated.

49/2012: Eligibility criteria for accommodation in empanelled hospitals.

Necessary instructions have been issued to Zonal Railways vide Board’s letter No.2011/H-1/11/90/SCR/Accommodation Criteria dated 25.08.2014.

(Closed)

55/2012: Sanction of adequate manpower for Central Hospital, West Central Railway, Jabalpur.

Federation was advised that West Central Railway has been instructed to (a) process the proposal regarding manpower planning of Non-gazetted Staff at Zonal level under General Manager’s power and (b) Submit the proposal regarding manpower for Gazetted Officers to Railway Board on Bhubaneswar Model after Finance concurrence and General Manager’s approval.

1/2013: Provision of Complimentary Passes and medical facilities to unmarried daughters after the death of parents.
&
16/2014: Medical facilities to widowed/ divorced/ unmarried daughter after the death of parents and provision of Fixed Medical Allowance for them.

Position explained to the Federation and advised that the demand is not feasible of acceptance.

(Closed)

18/2013: Holding of Pre-Medical Examination – Staff kept on Sick List for years – Abnormal delay in setting-up of Medical Board–Belated declaration of medically invalidation – Compassionate ground appointment denied to the wards.

Position explained to the Federation.

1/2014: Medical reimbursement in case of Stem Cell Plantation.

Official Side advised that Stem Cell Transplant Therapy is a new technique and is under development process. The same has not been approved by Medical Council of India so far. Sanction of advance/reimbursement for such a treatment can be considered only after its approval by Medical Council of India.

(Closed)

2/2014: Compassionate ground appointment to the candidates having been declared medically unfit due to diabetes.

Official Side stated that medical standard cannot be relaxed for CG appointment as otherwise similar demand will come from other new appointees under direct recruitment.

(Closed)

8/2014: Merger of Northern and West Central Railway Health Units in Tughlakabad.

Matter is under examination at Northern Railway.

9/2014: Treatment taken in emergency directly from Government Hospital to be treated as Deemed Referred Case.

Provision relating to recommending reimbursement of full admissible amount in case the treatment has been taken in govt. Hospital in emergency is already available in Board’s Letter No.2005/H/6-4/Policy-II dated 31.01.2007.

(Closed)

Continue to readClick here

Government Settled 11,390 Pension Related Complaints

Government Settled Pension Related Complaints: Dr. Jitendra Singh

The Union Minister of State (Independent Charge) of the Ministry of Development of North-Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh has said that the government has been prompt in disposal of grievances received from pensioners from across the country. The Minister was addressing a meeting of All India Standing Committee of Voluntary Agencies of Pensioners (SCOVA), here today. As many as 11,390 pension related complaints had been settled by his department, he added.

Dr. Jitendra Singh said that the present government has announced a number of innovative measures to make the delivery of pension and related documents much more convenient and less time- consuming. In this context, he referred to the Aadhaar based “Jeevan Pramaan Package” launched by Prime Minister on November 11, 2014 which enables the pensioners to register online their life certificates in digital format. In this way, it eliminates the requirement for an elderly pensioner to physically walk all the way to the concerned authorities to deliver a certificate of his being alive, he said. So far, as many as 39,000 pensioners have already availed of the facility to submit their life certificates online, the Minister added.

As a part of the significant progressive e-Governance plan, Dr. Jitendra Singh informed that the Department of Pensions has started a web-based pensioners’ portal which is expected to serve as one-stop information source for pensioners across the country. The information available on the pensioners’ portal will include pension rules, different pension schemes, orders issued from time to time, pension calculation process, etc., he added.

In order to avoid delays, Dr. Jitendra Singh said, an online pension sanction and payment tracking system called “Bhavishya” has been introduced and so far 25 Ministries and Departments have already been initiated into this system. Similarly, he said, another web-based application called “Sankalpa” has been developed which provides a platform for pensioners to access opportunities available for useful interventions in the society.

Secretary Pensions, Govt of India, Shri Alok Rawat and Joint Secretary, Smt. Vandana Sharma made presentations on the occasion.

Source : PIB

Amendment to rule 3C of Railway Services (Conduct) Rules, 1966 – Prohibition of sexual harassment of working women

RBE NO. 2/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. E(D&A) 2014 GS1-4

New Delhi, dated: 12.01.2015

The General Manager (P),
All Zonal Railways and
Production Units, etc.,
(As per Standard List)

Sub: Amendment to rule 3C of Railway Services (Conduct) Rules, 1966

In exercise of the powers conferred by the proviso to article 309 of the Constitution, the President hereby directs that rule 3C of the Railway Services (Conduct) Rules, 1966, contained in Appendix-I of the Indian Railway Establishment Code-Vol.-I Fifth Edition, 1985 (Third Reprint Edition, 2008) may be amended as in the Advance Correction Slip No. 124 enclosed.

Please acknowledge receipt.

(S. Modi)
Dy. Director Establishment (D&A)
Railway Board

INDIAN RAILWAY ESTABLISHMENT CODE – VOL.I (FIFTH EDITION 1985 THIRD REPRINT EDITION, 2008)

Appendix-I- Railway Services (Conduct) Rules, 1966

Advance Correction Slip No. 124

In the Railway Services (Conduct) Rules, 1966, for Rule 3 C the following rule shall be substituted namely:-

“3 C. Prohibition of sexual harassment of working women –

(1) No Railway servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Railway servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at the work place.

Explanation. – (I) For the purpose of this rule,-

(a) “sexual harassment” includes any one or more of the following acts or behaviour (whether directly or by implication) namely :-

(i) Physical contact and  advances; or

(ii) a demand or request for sexual favours; or

(iii) making sexually coloured remarks; or

(iv) showing pornography; or

(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) the following circumstances, among other circumstances, if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment :-

(i) implied or explicit promise of preferential treatment in employment; or

(ii) implied or explicit threat of detrimental treatment in employment; or

(iii) implied or explicit threat about her present or future employment status; or

(iv) interference with her work or creating an intimidating or offensive or hostile work environment for her; or

(v) humiliating treatment likely to affect her health or safety.

(c) “workplace” includes,-

(i) any department, organisation, undertaking, establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;

(ii) hospitals or nursing homes;

(iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training, sports or other activities relating thereto;

(iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;

(v) a dwelling place or a house.”

(Authority – Railway Board’s letter No. E(D&A) 2014 GS1-4 dated 12.01.2015)

 

Original Railway Order : Click here

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