No.16/1/2014-JCA 2
Government of India
Ministry of Personnel Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 19th January, 2015
OFFICE MEMORANDUM
Sub: Early Closure of Offices in connection with Republic Day Parade and Beating Retreat Ceremony during 2015.
In connection with arrangements for the Republic Day Parade and Beating Retreat Ceremony, 2015, it has been decided that the Government offices located in the buildings indicated in Annexure-I would be closed early at 13:00 hrs. on 25th January, 2015 (Sunday) and buildings indicated in Annexure-II would be closed early at 12:00 Noon on 29th January, 2015 (Thursday).
No.26/1/2015-CS.I (PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
*****
2nd Floor, Lok Nayak Bhavan,
Khan Market, New Delhi.
Dated: 15th January, 2015.
OFFICE MEMORANDUM
Subject: Immovable Property Return for the year 2014 (as on 31.12.2014)- submission through cscms.nic.in regarding
CS.I Division, Department of Personnel & Training is the custodian of Annual Immovable Property Return (IPR) in respect of CSS officers of Under Secretary and above levels.
2. As Ministries/ Departments are aware that all Government servants are now required to file information and returns regarding movable and immovable property under the Lokpal and Lokayuktas Act, 2013. In this regard, queries have been received as to whether there is any need for public servants to file property returns under the CCS (Conduct) Rules, 1964, in addition to information and returns under the Lokpal and Lokayuktas Act, 2013. The matter has been examined in this Department and it has since been clarified vide O. M. No.407/12/2014-AVD-IV(B) dated 13.01.2015 (Para 7 (b) of the OM refers) that Govt. servants will be required to file annual property return as per existing provisions of CCS (Conduct) Rules, 1964 also. Accordingly, all CSS Officers are directed to file immovable property return by 31.1.2015.
3. As already informed, IPR should be submitted by all CSS Officers through the Web Based Cadre Management System which is hosted at cscros.nic.in Print out of the IPR submitted online in respect of US and above level officers of CSS should also be submitted to CS.I Division as it being the custodian of IPR of these officers. The procedure for filing IPR is reiterated as under:
(i) Login to the system at cscms.nic.in by using the userid and password. In case of any difficulty in login please contact the nodal officer of the Ministry/ Department for assistance. The generic Userid is eight digit date of birth followed by first four letters of name. Userid is also the employee code assigned to individual officers in the web based system. If the password is blocked, nodal officers can reset the password of individual employees by using the ‘reset password’ facility in the Tools Menu on the top of the screen. They can also provide ‘Employee Code’ from the system to individual officers to enable them to login to the system,
(ii) Verify whether personal details are reflected in the system correctly. To verify the details click on the ‘Employee Details’ button. If the details are not correct, first have them rectified through Admin. Division of concerned Department before processing further.
(iii) Click `IPR’ button on the top and then click on `Immovable Property Returns’ icon;
(iv) Click `Add button’ and select IPR Year `2014′;
(v) In case the officer does not own any immovable property in terms of GCS (Conduct) Rules. click ‘Submit NIL Report’ button;
(vi) In case the officer owns any immovable property click `Add New Property Details’. If the officer owns more than one property the procedure has to be repeated till all the property details are added;
(vii) After adding property details as mentioned above, click `Close’ button;
(viii) Then click ‘Final Submission of IPR’ to submit the report ;
(ix) Select ‘2014’ under `IPR Year’ and click `View’. The report as submitted by the officer will be viewed. Then click `Print Report’ at the bottom of the screen to take a print out of the report, Sign the hardcopy of the report and submit to Admin Division/ Vigilance Division of the Department who will in turn forward the same to CS] Division for records; and,
(x) In case IPR is already submitted online last year, first click ‘Add button’ and then click ‘Copy Property Details from Last Year’s IPR for Current Year’ button. Thereafter click `modify’ button and submit it, if there is no change in the IPR details furnished last year. In case IPR is submitted online for the first time, then do not click the button ‘Copy Property Details from Last Year’s IPR for Current Year’ instead click `Add New Property Details’.
4. Ministries) Departments are requested that the contents of this Q.M. may be widely circulated to the notice of all CSS officers working under their control. They should also ensure that the IPR for the year 2014 (as on 31.12,2014) is submitted by all officers within the stipulated period of 31.01.201 5 without fail. Only the print out taken from the IPR module of the web based cadre management system in respect of Under Secretary and above level officers of CSS should be forwarded to CS.l Division for records.
5. In case of any difficulty, please contact CMC officials who have developed Web Based Cadre Management System at Telephone No.24629890.
(V. Srinivasaragavan)
Under Secretary to the Government of India
No.1/3/2014-IR
Government of India
Ministry of Personnel, Public Grievance and Pensions
Department of Personnel and Training
(IR Division)
North Block, New Delhi
Dated 14th January, 2015
Circular
Subject: Introduction of postal stamps as RTI fee/cost – seeking comments from public regarding
RTI Rules, 2012 prescribe payment of RTI application fee/Cost through four Modes i.e. IPO, Demand Draft, Bankers Cheque and Cash against receipt. Apart from regular modes of payments, Information seekers can use the facility of e-IPO and also use Debit/Credit Card for filing online RTI application.
2. CIC in its full bench decision in the case No. CIC/BS/C/2013/000149/LS dated 27.08.2013 had inter-alia urged DoPT to consider acceptance of RTI stamps as a mode of payment of RTI Fee and Costs. The issue was examined in consultation with Department of Posts and the latter expressed its inability to print exclusive RTI stamps. Subsequently, Department of Posts recommended use of definitive series of postal stamps which are ubiquitously available in the Post Offices across the country in different denominations. It further added that, the RTI applicants would also need to affix the said stamp(s) on the RTI application. The RTI applicant(s) by putting his signature or thumb impression shall cancel the said postage stamp(s) to prevent it from misuse/re-use.
3. It was decided with the approval of the then MoS (PP) that acceptance of postal stamps as mode of payment of RTI fee and cost would require amendment in the RTI Rules notified on 31.7.2012 only, the recommendations of CIC may be noted and considered as and when amendment to RTI Rules are considered.
4. The CIC in its recent decision dated 12.12.2014 in File No. CIC/SA/C/2014/000038 has again recommended to DoPT to adopt the proposal of the Deptt. of Posts of use of ordinary Postal Stamps for payment of RTI fee.
5. Introduction of Stamps as one of modes of payment for RTI application fee would require amendment to the RTI Rules, 2012. In addition, the following issues need to be sorted out before taking any decision.
i. Use of ordinary postal stamps for the purpose of RTI may lead to accounting problem, as it would not be possible to account amount collected for RTI through ordinary stamps. Section 25(3)(e) of the RTI Act lays down that each public authority is required to communicate to CIC/SIC, as the case may be, the amount of charges collected under this Act for incorporation in their Annual Report.
ii. There is apprehension of misuse of ordinary stamps for the purpose of RTI, in the absence of specific procedure for crossing such stamps.
iii. Whether postal stamps may be considered for initial RTI fees only or for payment of additional fee also.
6. A Committee has been formed to look into the above and other related issues. It has been decided to invite views/suggestions from the citizens in the subject matter, for the consideration of the Committee. The views/suggestions, preferably not exceeding more than one page, may be sent latest by 7.2.2015 through email only to Shri R.K. Girdhar, Under Secretary (RTI), North Block at [email protected]
No. AB.14017/25/2013-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and ‘ ansions
Department of Personnel and Training
***
New Delhi, the 12th January, 2015
OFFICE MEMORANDUM
Subject:- Clarification regarding Pay fixation on grant of Non-Functional Upgradation to the officers of Organized Group A Services.
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The instructions for grant of NFU as per 6th CPC for officers of Organized Group ‘A’ services have been issued in DOPT OM dated 24.04.2009. The terms tis conditions for grant of NFU as laid down in Clause-7 of the Annexure to the above said O.M., prescribe that pay fixation on grant of NFU under these orders will be done as per the provisions of CCS (RP) Rules, 2008 i.e. officers will be granted one increment at the rate of 3% of basic pay and the difference of grade pay will be added to their basic pay. As for the officers posted under the Central Staffing Scheme, they will be granted one increment on account of NFU, but their grade pay will remain unchanged as they are holding a tenure post with a specific grade pay under Central Staffing Scheme.
2. The provisions of FR 22-(I)(a)(1) have been extended to promotions after 01.01.2006 vide Department of Expenditure O.M. F.No. 1/1/2008-IC dated 13th September, 2008(Clarification No.2). References have been received in this Department seeking clarification on whether the officers on grant of NFU will also be entitled to exercise “option” to get their pay fixed from the date of grant of NFU or from the date of the next increment.
3. The issue has been considered in consultation with the Department of Expenditure. It is clarified that the officers may be permitted the option for pay fixation as in the case of promotion with the condition that no re-fixation of pay would be allowed at the time of promotion. As per the terms and conditions for grant of NFU all the prescribed eligibility criteria and promotional norms including ‘benchmark’ for up-gradation to a particular grade pay would have to be met at the time of screening for grant of higher pay scale.
No. 407/12/2014-AVD-IV (B)
Bharat Sarkar/Governinent of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
…………..
New Delhi, the 13th January, 2015
Office Memorandum
Subject: Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 – extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants – Reg.
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The undersigned is directed to refer to this Department’s notification G.S.R. No.918(E) dated 26th December, 2014, further amending the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns by all public servants from 31St December, 2014 to 30th April, 2015 (Annexure-I).
2. In this regard, several queries are being received from various Ministries/Deparixnents/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.
3. The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Under the said section, a public servant is required to furnish to the competent authority the information relating to –
(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and (b) his liabilities and that of his spouse and his dependent children.
As against this, the general requirement as contained in most of the applicable Conduct Rules for government servants (AIS Conduct Rules, CCS Conduct Rules, etc.) require the public servant to submit a return, giving the full particulars regarding :
(a) the immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;
(b) shares, debentures, postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him;
(c) other movable property inherited by him or similarly owned, acquired or held by him; and
(d) debts and other liabilities incurred by him directly or indirectly.
Thus, it may be seen that the scope of the information to be furnished under the Lokpal Act is substantially different from that of the information required to be furnished under the applicable Conduct Rules. Further, under the Conduct Rules, public servants are generally required to submit annual property returns as on the 1St January of the year, on or before 31st January of that year. The Lokpal Act [section 44(4)], on the other hand, requires the filing of annual returns as on the 31st March of the year by each public servant on or before 31st July of that year. Thus, the requirements of the Lokpal Act and the relevant Conduct Rules are different in the manner of filing information also. This being the case, the requirement of filing returns under the relevant Conduct Rules can be dispensed with only by amending such rules, both in regard to their substantial requirement and in regard to the manner of filing information, so as to bring them in harmony with the provisions of section 44 of the Lokpal and Lokayuktas Act, 2013. and the rules framed thereunder.
4. In this context, attention of various Ministries/Departments/cadre authorities is further invited to the provisions of section 56 of the Lokpal and Lokayuktas Act, 2013, which reads as under:
“56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.”.
The above provisions mandate that even if there are any provisions in any existing law (which, inter alia, includes relevant Conduct Rules framed under Article 309, etc.) which are inconsistent with the provisions of the Lokpal Act, the provisions of the Lokpal Act shall have effect, notwithstanding such inconsistency. Thus, the provisions regarding filing of information/annual returns regarding assets and liabilities by public servants under section 44 of the Lokpal Act shall have effect, notwithstanding anything inconsistent therewith in the applicable Conduct Rules. In other words, the filing of information/annual return under the Lokpal Act in the manner prescribed by rules made under that Act; is a mandatory requirement, and the same cannot be dispensed with under any circumstances, except by an amendment of the Act itself.
5. Attention in this regard is also invited to section 57 of the Lokpal Act which reads as under:
“57. The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force.”.
A combined reading of section 57, along with section 44 of the Act, would make it clear that the requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation/supersession of the requirement of filing similar returns under the existing Conduct Rules. In view of this, the requirement of filing of property returns under the existing Conduct Rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules. In other words, the requirement of filing returns of assets and liabilities under the applicable Conduct Rules has to continue, till such time as the provisions of those rules are harmonised with the relevant provisions of the Lokpal Act and the rules framed thereunder, by carrying out appropriate amendments in them.
6. Attention in this regard is also invited to the Central Government’s notification, S.O. 3272(E) dated 26th December, 2014 (Annexure-II) , further amending the Lokpal & Lokayuktas (Removal of Difficulties) Order, 2014, for the purpose of extending the time limit for carrying out necessary changes in the relevant rules relating to different services from “three hundred and sixty days” to “eighteen months”, from the date on which the Act came into force, i.e., 16th January, 2014. In view of this, all Ministries/Departments/cadre authorities are required to complete the necessary exercise for harmonising the provisions of relevant Conduct Rules with the provisions of the Lokpal Act and the rules made thereunder, within this extended time of eighteen months. All Ministries/Departments and other cadre controlling authorities have been appraised about this requirement separately through D.O, letters of even number dated 8th September, 2014 and 29th December, 2014 issued by this Department. In view of this, it is incumbent upon all Ministries/Departments/cadre controlling authorities to ensure that the relevant conduct rules relating to services administered/controlled by them are brought in harmony with the provisions of the Lokpai Act and rules made thereunder within this extended time limit of eighteen months.
7. All Ministries/Departments/cadre authorities are, therefore, requested to ensure that –
(a) necessary follow-up action for harmonising the provisions of the relevant rules relating to all categories of public servants (as defined in the Act) falling under their respective jurisdiction/administrative/cadre control is completed within the revised time limit of 18 months from the date of coming into force of the Act, i.e., 16.01.2014, as now provided in the Order dated 26th December, 2014 (i.e., on or before 15th July, 2015), positively; and
(b) all public servants falling under their respective jurisdiction / administrative/cadre control, continue filing their annual property returns under the existing provisions of the applicable Conduct Rules [such as . the AIS (Conduct) Rules, CCS (Conduct) Rules, etc.,] till such time as the exercise as indicated in (a) above is completed and the relevant service rules are brought in line with the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules framed thereunder.
(Jishnu Barua)
Joint Secretary to the Govt. of India
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
No 18/2/2013- Dir (C)
Government of India
Ministry of Personnel PG & Pensions
Department of Personnel & Training
***
Lok Nayak Bhawan. Khan Market
New Delhi. dated 09 January 2015
OFFICE MEMORANDUM
Subject : 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
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The undersigned is directed to refer to this Department’s O.M. No.12/4/2001-‘Dir (C) 21.1.2002 and O.M. No.12/8/2002-Dir (C) dated 8.7.2003 wherein scale of articles of Uniforms authorized for canteen employees was circulated.
2. The matter regarding issue of Uniforms to entitled female canteen employees has been reviewed and it has been decided to authorize issue of Petticoat to entitled female canteen employees who wear Saree and Dupatta to those who wear Salwar Kameez in addition to already authorized articles of Uniform. The scale of Uniform authorized vide O.M No.12/4/2001-Dir(C) dated 21.1.2002 will remain same.
3. Instructions on procurernent of Uniforms circulated vide O.M No.18/1/2009 Dir (C) dated 27.8.2010 are to be followed while procuring uniforms for canteen employees.
4. This issue with tale concurrence of Home(Finance) vide their I.D Note No.3108505. dated 10 9 2014 and Ministry of Finance(Department of Expenditure) vide their I.D Note 5(2)/E.II(A)/2014 dated 25.11.2014
In the case of widow recipient of family pension, no certificate of remarriage is required to be furnished by her. An undertaking will, however, be obtained from the widow at the time of commencement of pension to the effect that in the event of her re-marriage, she will report the fact to the pension disbursing office promptly with the remarriage/marriage Certificate
In the case of other recipients of family pension (a widower or an unmarried daughter), the Certificate of remarriage/marriage is required to be furnished by the recipient, at six-monthly intervals in the month of May and November.
In cases where the son or daughter of a Govt. Servant is suffering from any disorder or disability of mind or is physically crippled or disabled so as to render him/her unable to earn a living even after attaining the age of twenty-five years is being continued to be paid family pension beyond the maximum age limit referred to above, under proviso to rule 54(6) of the CCS(Pension) Rules, 1972, the person receiving the family pension as guardian should produce every three years, (in the month of November) a certificate from a medical officer not below the rank of Civil Surgeon to the effect that the person continues to suffer from disorder or disability of mind or continues to be physically crippled or disabled. In such cases, the guardian shall be require to furnish certificate every month that he or she has not started earning his/her livelihood, and in case of girl, that she has not got married.
F.No.44/37/2015/MCTC/CGHS/1114
Monitoring Computerization and Training Cell
Directorate General of CGHS
Min of Health & Family Welfare
New Delhi 5th January, 2015
OFFICE MEMORANDUM
Subject: Guidelines for Computerization of CGHS non-computerized units/future new units
All CGHS units like Allopathic Wellness Centers, Ayush Wellness Centers, Polyclinics, First Aid Posts(FAPs), VVIP units etc. need to be computerized for maintaining transparency and accountability of services provided to the beneficiaries. The following guidelines should be followed for computerization of hitherto non-computerized units or future new units:
1. Procurement of computers and peripherals – For cities other than Delhi, the CMOs In-charge of the unit may put up the demand for computers and peripherals with respective ADs for procurement. In Delhi the procurement of computers and peripherals would be done by AD (MSD) after receiving request from the Zones.
2. Extension of existing leased line
(a) In cases where units to be computerized are co-located with an existing center (like Ayush Wellness Centers, which are located in the same building as Allopathic Wellness Centers), the existing leased line may be extended for the units to be computerized.
(b)For standalone units new Leased Lines have to be installed. Broadband connections of tariff plan up to Rs 2000/- per month may be installed as alternate internet connectivity.
3. Local Area Network (LAN) wiring-The office of respective Additional Directors would get the work done.
4. Procedure for shifting of leased line/ new leased line connection
(a) In cities other than Delhi, the request for shifting of Leased Line in case of relocation of a unit or installation of new leased line for new centers may be put up to MCTC by Additional Directors. MCTC would coordinate with BSNL for demand estimate. Approval of competent authority would be taken by MCTC once demand estimates are received from BSNL and conveyed to respective ADs.
(b) In Delhi, the CMO I/C would coordinate with local MTNL for demand estimates for new MTNL leased line connection/shifting of MTNL connection. The approval of demand estimate would be taken from competent authority by the Additional Director.
5. Procedure for Broadband Connection and telephone connections-The CMOs In-Charge and respective ADs would coordinate with BSNL/MTNL for the same.
6. Creation of Wellness Center/Unit code, NIC email ID and Password
(a) For creation of email ID, CMOs In-Charge may fill up `mail subscription form’ available on website of N1C. The duly signed and filled form may then be scanned and emailed to NIC with copy to MCTC.
(b)CMO I/C and Additional Director would coordinate with NIC and MCTC through email for the Wellness Center /unit code.
7. Initial Handholding training of staff to use the CGHS computer module if required
Local NIC may be contacted through respective Additional Directors for the same.
This issues with the approval of competent authority.
No. W-02/0002/2014-DPE (WC)
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan
Block 14, CGO Complex,
Lodi Road, New Delhi-ll0003
Dated: 5th January, 2015
OFFICE MEMORANDUM
Subject:- Board level and below Board level posts including non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.2007 – Payment of IDA at revised rates-regarding.
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In modification of this Department’s a.M. of even No. dated 09.10.2014, the rate of DA payable to the executives and non-unionized supervisors of CPSEs (2007 pay revision) is as follows:
(a) Date from which payable: 01.01.2015
(b) Average AICPI (2001=100) for the quarter Sept’2014 -Nov’ 2014
September, 2014 253
October, 2014 253
November, 2014 253
Average of the quarter 253
(c) Link Point: 126.33 (as on 01.01.2007)
(d) Increase over link point: 126.67 (253 minus 126.33)
(e) Revised DA Rate w.e.f. 01.01.2015: 100.3% [(126.67/126.33) x 100]
2. The above rate of DA i.e. 100.3% would be applicable in the case of IDA employees who have been allowed revised pay scales (2007) as per DPE a.M. dated 26.11.2008, 09.02.2009 & 02.04.2009.
3. All administrative Ministries/ Departments of the Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.
F. No. W-02/0004/2014-DPE (WC)
Government of India
Ministry of Heavy Industries & Public Enterprises
Department of Public Enterprises
Public Enterprises Bhawan
Block 14, CGO Complex,
Lodi Road, New Delhi-l l 0003
Dated: 5th January, 2015
OFFICE MEMORANDUM
Subject:- Board level posts and below Board level posts including Non-unionised supervisors in Central Public Sector Enterprises (CPSEs)- Revision of scales of pay w.e.f. 01.01.1997 – Payment of IDA at revised rates regarding.
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In modification of this Department’s a.M. of even No. dated 09.10.2014, the rate ofDA payable to the executives of CPSEs (1997 pay revision) is as follows:
a) Date from which payable: 01.01.2015
b) Average AICPI (1960=100) for the quarter Sept’2014 -Nov’ 2014
September, 2014 5773
October, 2014 5773
November, 2014 5773
Average of the quarter 5773
c) Link Point :1708 (as on 01.01.1997)
d) Increase over link point: 4065 (5773-1708)
e) Revised DA Rate w.e.f. 01.01.2015: 238% [(4065/1708) x 100]
2. These rates are applicable in the case of IDA employees, whose pay have been revised with effect from 01.01.1997 as per DPE O.M. dated 25.06.1999.
3. All Administrative MinistrieslDepartments of the Government of India are requested to bring the foregoing to the notice of the CPSEs under their administrative control for necessary action at their end.
