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

By
igeadmin
-

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

Amendment to rule 3 and rule 13 of Railway Services (Conduct) Rules, 1966

By
igeadmin
-

RBE NO. 1/2015

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. E(D&A) 2014 GS1-3

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 3 and rule 13 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 3 and rule 13 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 Slips No. 125 and 126 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. 125

In the Railway Services (Conduct) Rules, 1966, in Rule 3:-

1. In sub-rule (1), after clause (iii), the following clauses shall be inserted, namely:-

“(iv) commit himself to and uphold the supremacy of the Constitution and democratic values;

(v) defend and uphold the sovereignty and integrity of India, the security of the State, public order, decency and morality;

(vi) maintain high ethical standards and honesty;

(vii) maintain political neutrality;

(viii) promote the principles of merit, fairness and impartiality in the discharge of duties;

(ix) maintain accountability and transparency;

(x) maintain responsiveness to the public, particularly to the weaker section;

(xi) maintain courtesy and good behaviour with the public;

(xii) take decisions solely in public interest and use or cause to use public resources efficiently, effectively and economically;

(xiii) declare any private interests relating to his public duties and take steps to resolve any conflicts in a way that protects the public interest;

(xiv) not place himself under any financial or other obligations to any individual or organisation which may influence him in the performance of his official duties;

(xv) not misuse his position as railway servant and not take decisions in order to derive financial or material benefits for himself, his family or his friends;

(xvi) make choices, take decisions and make recommendations on merit alone; (xvii) act with fairness and impartiality and not discriminate against anyone, particularly the poor and the under-privileged sections of society;

(xviii) refrain from doing anything which is or may be contrary to any law, rules, regulations and established practices;

(xix) maintain discipline in the discharge of his duties and be liable to implement the lawful orders duly communicated to him;

(xx) maintain confidentiality in the performance of his official duties as required by any laws for the time being in force, particularly with regard to information, disclosure of which may prejudicially affect the sovereignty and integrity of India, the security of the State, strategic, scientific or economic interests of the State, friendly relation with foreign countries or lead to incitement of an offence or illegal or unlawful gain to any person;

(xxi) perform and discharge his duties with the highest degree of professionalism and dedication to the best of his abilities.

2. In clause (ii) of sub-rule (1), the word “and” may be deleted.”

(Authority – Railway Board’s letter No. E(D&A) 2014 GS1-3 dated 12.01.2015)

 

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

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

Advance Correction Slip No. 126

In the Railway Services (Conduct) Rules, 1966, in Rule 13, in sub-rule (2), for clauses (i), (ii), (iii) and (iv), the following clauses shall be substituted, namely:-

“(i) rupees twenty five thousand in the case of a Railway servant holding any Group ‘A’ post;

(ii) rupees fifteen thousand in the case of a Railway servant holding any Group ‘B’ post;

(iii) rupees seven thousand five hundred in the case of a Railway servant holding any Group ‘C’ post.”

(Authority – Railway Board’s letter No. E(D&A) 2014 GS1-3 dated 12.01.2015)

 

Original Railway Order : Click here

DOPT Orders for January 2015

By
igeadmin
-

DOPT Orders collection for the month of January 2015

Date Subject Link
30th January, 2015 Procedure for conduct of supplementary DPC Click here
29th January,2015 GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 Click here
 27th January, 2015 Submission of Appeal befor DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding Click here
27th January, 2015 Travel by Premium Trains is not allowed on LTC – DOPT Order Click here
2nd January, 2015 The Fundamental (Amendment) Rules, 2014 Click here
23rd January 2015 Shortage of staff in the grades of Assistants and Section Officers Click here
19th January, 2015 Closing of Central Govt Offices during general elections at Delhi on 7th Feb 2015 Click here
20.1.2015 Guidelines for Educational Qualifications and Experience for framing/amendment of Recruitment Rules Click here
15th January, 2015 Annual Medical Examination for the Group ‘A’ officers of CCS / posts of age 40 years and above Click here
19th January, 2015 Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2015 Click here
15th January, 2015 Immovable Property Return for the year 2014 (as on 31.12.2014)- submission through cscms.nic.in regarding Click here
14th January, 2015 Introduction of postal stamps as RTI fee/cost – seeking comments from public regarding Click here
12th January, 2015 Clarification regarding Pay fixation on grant of Non-Functional Upgradation to the officers of Organized Group A Services Click here
9th January, 2015 Uniform for the employees of Non-Statutory Departmental Canteens/Tiffin Rooms functioning in Central Government Offices – Issue of Petticoat and Dupatta to Female Canteen Employees – regarding Click here
5th January, 2015 Policy & procedure for appointments in autonomous institutions through ACC Click here
6th January, 2015 Amendment in Para 15(i) of OM dated 29.12.2005 Click here
1st January, 2015 Submission of declaration of assets and liabilities by the public servants belonging to CSSS & CSCS Click here
24th December, 2014 Appointment of meritorious Sportspersons in relaxation of the procedure Click here

Prevention of sexual harassment of women at the workplace, CCS (Conduct) Rules 1964

By
igeadmin
-

No. 11013/2/2014-Estt (A-III)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
Establishment Division
……..

North Block, New Delhi
Dated February 2, 2015

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules 1964 — Guidelines regarding prevention of sexual harassment of women at the workplace— regarding

Following the promulgation of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 [SHWW(PPR) Act] and notification of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Rules, 2013 [SHWW(PPR) Rules] on 09.12.2013., the Government has recently, on 19.11.2014, notified the amendments to Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965. The amendments and other salient features of the Act/ Rules was brought to the notice of all concerned vide Office Memorandum of even no. dated 27.11.2014. The amendments to the Central Civil Services (Conduct) Rules 1964 and Classification, Control and Appeal Rules, 1965 and the Office Memorandum dated 01.12.2014 are available on the Department’s website.

2. The following guidelines, conveying the decision of the Committee of Secretaries on this subject, were issued vide this Department’s Office Memorandum No. 11013/3/2009-Estt.(A) dated 03.08.2009,

“As regards provisions for protection of women, it was suggested that the complaints committee mechanism provided under Vishakha guidelines relating to sexual harassment should be strictly in accordance with the judgment and steps should be taken to ensure that the committee is effective and functional at all times. It would also be desirable for the Committees to meet once a quarter, even if there is no live case, and review preparedness to fulfil all requirements of the Vishakha judgment in the Department/Ministry/ organization concerned.”

3. As per the guidelines issued vide Office Memorandum dated 21.07.2009, it is also to be ensured that the Complaints Committee shall at all times be in existence and changes in its composition, whenever necessary, should be made promptly and adequately publicized. The composition of the Complaints Committee should also be posted on the websites of the concerned Ministries/Departments/Offices concerned.

4. Vide the Office Memorandum dated 01.12.2014, the attention of the Ministries/ Departments was also invited to the reporting requirements mentioned in the SHWW(PPR) Act and SHWW(PPR) Rules.

5. All Ministries/ Departments are requested to please review the progress of implementation of the existing abovementioned guidelines issued in the aftermath of the Vishakha judgment.

6. Attention of all Ministries is invited to Section 22 of the Act relating to including information in Annual Report, and to request that information relating to number of cases filed, if any, and their disposal may be included in the Annual Report of the Ministry / Department.

7. All Ministries / Departments are also requested to furnish an annual return (as on 31st March) in the enclosed proforma to this Department by 30th April every year.

(J.A. Vaidyanathan)
Director (E)

Original DOPT Order : Click here

Procedure for conduct of supplementary DPC

By
igeadmin
-

No. 22011/2/2014- Estt.D
Government of India
Ministry of Personnel, P.G. & Pensions
Department of Personnel & Training

North Block, New Delhi,
Dated the 30th January, 2015.

Office Memorandum

Subject:- Procedure for conduct of supplementary DPC

This Department instructions issued vide OM No. 22011/5/86-Estt (D) dated 10.4.89 [para 6.4.2 (i)] provide that vacancies occurring due to death, voluntary retirement, new creations etc. could not be foreseen at the time of placing facts and material before the DPC, therefore, another meeting of DPC (commonly referred to supplementary DPC) should be held for drawing up a panel for these vacancies.

2. References have been received with regard to the zone of consideration, the eligibility list for the supplementary DPC and whether officers who are included in the panel by the original DPC or in the extended panel but could not be promoted as these anticipated vacancies do not actually become available could be appointed against the additional vacancies later becoming available for the same vacancy year.

3. These issues have been examined in consultation with UPSC and following is decided:-

(i) The zone of consideration, in case of holding supplementary DPC, shall be fixed as per the provisions in this Department OM No. 22011/2/2002-Estt(D) dated 6.1.2006 keeping in view total number of vacancies arising in a particular vacancy year i.e. vacancies accounted in Original DPC + additional vacancies becoming available subsequently during the same year.

(ii) The eligibility list for supplementary DPC shall be prepared by removing the names of all such officers who have already been assessed by earlier DPC as fit, unfit or placed in the sealed cover by the original DPC before placing the same for consideration by the supplementary DPC.

(iii) The officers who have already been empanelled or placed in the extended panel but could not be promoted due to these vacancies not actually becoming available; need not be re-assessed by the supplementary DPC as the assessment matrix remains the same. They may be appointed against the additional vacancies of the same vacancy year as per recommendations of the earlier DPC. In such situation the number of vacancies for supplementary DPC shall be accordingly adjusted.

4. While calculating the regular vacancies for a DPC, it is incumbent upon administrative department to ensure that there is no arbitrariness in calculation of anticipated vacancies.

5. To provide clarity in implementation of these instructions some situation specific illustrations are enclosed as Annexure to this OM.

(Mukta Goel)
Director (E.I)

Original DOPT Order : Click here

Expected Dearness Allowance from January 2015

By
igeadmin
-

Almost confirmed, as per the AICPIN data all Central Government Employees & pensioners will go to get additional 6% Dearness Allowance from January 2015. Today Labour India released AICPIN data for the month of December 2014, based on the calculation Expected Dearness Allowance from January 2015 will be 6%. However we have to wait for Government Announcement.

AICPIN for the month of December 2014

By
igeadmin
-

Consumer Price Index for Industrial Workers (CPI-IW) – December, 2014

The All-India CPI-IW for December, 2014 remained stationary at 253 (two hundred and fifty three). On 1-month percentage change, it remained static between November, 2014 and December, 2014 when compared with the decrease of (-) 1.65 per cent between the same two months a year ago.

The largest downward pressure to the change in current index came from Food group contributing (-) 1.09 percentage points to the total change. At item level, Coconut Oil, Poultry (Chicken), Chillies Green, Ginger, Onion, Vegetable & Fruit items, Sugar, Petrol, etc. are responsible for the decrease in index. However, this decrease was restricted to some extent by Rice, Wheat, Wheat Atta, Arhar Dal, Masur Dal, Moong Dal, Mustard Oil, Fish Fresh,. Goat Meat, Eggs (Hen), Dairy Milk, Milk (Cow & Buffalo), Tea (Readymade), Cigarette, Electricity Charges, Firewood, E.S.I. Contribution, Cable Charges, Private Tuition Fee, Taxi Fare, Barber Charges, Flower/Flower Garlands, etc., putting upward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 5.86 per cent for December, 2014 as compared to 4.12 per cent for the previous month and 9.13 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 5.73 per cent against 2.56 per cent of the previous month and 11.49 per cent during the corresponding month of the previous year.

At centre level, Kodarma reported a maximum decrease of 12 points followed by Ranchi Hatia (7 points), Tripura (6 points) and Varanasi & Agra (5 points each). Among others, 4 points fall was observed in 5 centres, 3 points in 4 centres, 2 points in 18 centres and 1 point in 16 centres. On the contrary, Bhilwara & Tiruchirapally recorded maximum increase of 5 points each followed by Mumbai & Puduchery (3 points each). Among others, 2 points rise was registered in 5 centres and 1 point in 9 centres. Rest of the 12 centres’ indices remained stationary.

The indices of 38 centres are below and other 39 centres’ indices are above national average. The index of Varanasi centre remained at par with all-India index.

The next index of CPI-IW for the month of January, 2015 will be released on Friday, 27 February, 2015. The same will also be available on the office website www.labourbureau.gov.in.

GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004

By
igeadmin
-

No. 49014/2/2014-Estt(C)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*******

North Block, New Delhi.
Dated the 29th January,2015.

OFFICE MEMORANDUM

Subject: GPF & Pension Benefits to Casual Labour with temporary status regularised after 1.1.2004 —regarding.

The undersigned is directed to say that following the issue of this Department’s O.M. No. Dated 26.04.2004, the status of admissibility of pensionary benefits to CL-TS regularised after 1.1.2004 has been a subject of litigation in a number of court cases being contested by various Ministries/Department.

2. In order to take a view on the above issue and in view of the court rulings, it is requested that all Ministries/Departments may furnish the details of Casual Labour with temporary status (CL-TS) regularised after 1.1.2004 in the enclosed proforma latest by 07.02.2015.

3. The particulars of CL-TS yet to be regularised called for vide this Department’s O.M No. Dated 16.10.2014 may also be sent urgently, if not already sent.

(J. A. Vaidyanathan)
Director(Estt.)

Original DOPT Order : Click here

Submission of Appeal befor DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding

By
igeadmin
-

No.105/4/2013-AVD.I (B)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

North Block, New Delhi.
Dated the 27thJanuary, 2015

To
The Chief Secretaries of
All the State Government/
Union Territory Administrations
(As per standard List)

Subject: Submission of Appeal before DoP&T against order passed by the State disciplinary authority under Rule 18 (3) & (4) of AIS (D&A) Rules, 1969-regarding

Sir,

I am directed to invite your kind attention to Rule 18 (3) of All India Services (Discipline & Appeal) Rules, 1969 which stipulates as follows:

As per Rule 18 (3) of AIS (D&A) Rules, 1969 “every such appeal shall be submitted through the head of the office under whom the appellant is for the time being serving and through the Government from whose order the appeal is preferred”. As per Rule 18 (4) of AIS (D&A) Rules, 1969, “the authority which made the order appealed against shall, on receipt of a copy of every appeal, which is not withheld under Rule 21, forward the same with its comments thereon together with the relevant records to the appellate authority without any avoidable delay and without waiting for any direction from the Central Government”.

2. It has been observed that the appeals against the orders of State Disciplinary authorities etc.are being preferred directly to the Government of India by the IAS officers without following the aforesaid rules. Consequently, the same are not being disposed of in a time bound manner due to non receipt of relevant records & comments of the State Governments/Other authorities under whom the officer is working. Contempt cases are also being attracted due to non disposal of such appeals timely.

3. Accordingly, Competent Authority in this Department has decided that such appeals received directly in this Department without following the due procedure shall not be entertained. State Governments / Union Territories Administrations /Ministries / Departments of Central Ministries are requested to abide by the procedure provided in Rule 18 of AIS (D&A) Rules, 1969 to submit the appeals through the Head of Office and the Government whose order is being appealed against and inform all the IAS officers working under them for strict compliance.

Yours faithfully,

(Anshu Sinha)
Director (V-I)

Original DOPT Order : Click here

Travel by Premium Trains is not allowed on LTC – DOPT Order

By
igeadmin
-

No. 31011/2/2015-Estt.(A-IV)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
……

North Block, New Delhi-110 001
Dated: 27thJanuary, 2015

OFFICE MEMORANDUM

Subject: Travel by Premium Trains on LTC- Clarification reg.

The undersigned is directed to say that several references are received by this Department from various Ministry/ Departments seeking clarification regarding admissibility of travel by Premium Trains run by Indian Railways while availing of LTC.

2. The matter has been examined in consultation with Department of Expenditure, Ministry of Finance and it has been decided that travel by Premium Trains is not permissible on LTC. Hence, the fare charged by the Indian Railways for the journey(s) performed by Premium trains shall not be reimbursable for the purpose of LTC. Cases where LTC travel in such Premium Trains has already been undertaken by the Central Government Employees, the train fare may be reimbursed restricting it to the admissible normal fare for the entitled class of train travel or the actual fare paid, whichever is less.

(B. Bandyopadhyay)
Under Secretary to the Govt. of India

Original DOPT Order : Click here

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