Tuesday 6 June 2017

Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017



THE GAZETTE OF INDIA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(Department of Personnel and Training)

NOTIFICATION

New Delhi, the 2nd June, 2017

G.S.R. 548(E).—In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution, and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Central Civil Services (Classification, Control and Appeal) Rules, 1965, namely:-

1. (1) These rules may be called the Central Civil Services (Classification, Control and Appeal) Amendment Rules, 2017.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Classification, Control and Appeal) Rules, 1965,-

1. in rule 14,—
(i) for sub-rule (4), the following sub-rule shall be substituted, namely :-

“(4) (a) The Disciplinary Authority shall deliver or cause to be delivered to the Government servant a copy of the articles of charge, the statement of the imputations of misconduct or misbehaviour and a list of documents and witnesses by which each article or charges is proposed to be sustained.

(b) On receipt of the articles of charge, the Government servant shall be required to submit his written statement of defence, if he so desires, and also state whether he desires to be heard in person, within a period of fifteen days, which may be further extended for a period not exceeding fifteen days at a time for reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf: Provided that under no circumstances, the extension of time for filing written statement of defence shall exceed forty-five days from the date of receipt of articles of charge.”;

(ii) for sub-rule (13), the following sub-rule shall be substituted, namely:—

“(13) On receipt of the requisition referred to in sub-rule (12), every authority having the custody or possession of the requisitioned documents shall produce the same or issue a non-availability certificate before the Inquiring Authority within one month of the receipt of such requisition: Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded by it in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Inquiring Authority accordingly and the Inquiring Authority shall, on being so informed, communicate the information to the Government servant and withdraw the requisition made by it for the production or discovery of such documents.”;

(iii) after sub-rule (23), the following sub-rule shall be inserted, namely:—

“(24) (a) The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority.

(b) Where it is not possible to adhere to the time limit specified in clause (a), the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the Inquiry, at a time.

(c) The extension for a period not exceeding six months at a time may be allowed for any good and sufficient reasons to be recorded in writing by the Disciplinary Authority or any other Authority authorised by the Disciplinary Authority on his behalf.”;

II. in rule 16,-
(i) in sub-rule (1), in clause (b), for the words, brackets and figure “sub-rules (3) to (23) of rule 14”, the words, brackets and figure “sub-rules (3) to (24) of rule 14” shall be substituted;

(ii) in sub-rule (1-A), for the words, brackets and figure “sub-rules (3) to (23) of rule 14”, the words, brackets and figure “sub-rules (3) to (24) of rule 14” shall be substituted;

III. in rule 19, in the second proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

IV. in rule 27, in sub-rule (2), in the proviso, in clause (i) after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

V. in rule 29, in sub-rule (1), in the first proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted;

VI. in rule 29-A, in the proviso, after the words “against the advice of the Commission”, the words “within the time limit specified in clause (b) of sub-rule (3) of rule 15,” shall be inserted.

[F. No. 11012/9/2016-Estt.A-111]

GYANENDRA DEV TRIPATHI, Jt. Secy.






Click to view the original order

Saturday 29 April 2017

Latest news on Approval of Lavasa allowances committee report


The Committee on Allowances headed by Shri Ashok Lavasa, Finance Secretary and Secretary (Expenditure) submitted its Report to the Union Finance Minister Shri Arun Jaitley yesterday; The Report will be now placed before the Empowered Committee of Secretaries (E-CoS) to firm-up the proposal for approval of the Cabinet. 

The Committee on Allowances, constituted by the Ministry of Finance, Government of India to examine the 7th CPC recommendations on Allowances, submitted its Report to the Union Finance Minister Shri Arun Jaitley yesterday. The Committee was headed by Shri Ashok Lavasa, Finance Secretary and Secretary (Expenditure),M/o Finance, Government of India and had Secretaries of Home Affairs, Defence, Health & Family Welfare, Personnel & Training, Post and Chairman, Railway Board as its Members and Joint Secretary (Implementation Cell) as its Member Secretary. 

The Committee was set-up in pursuance of the Union Cabinet decision on 29.06.2016 when approving the 7th CPC recommendations on pay, pensions and related issues were approved. The decision to set-up the Committee was taken in view of significant changes recommended by the 7th CPC in the allowances structure and a large number of representations received in this regard from various Staff Associations as well as the apprehensions conveyed by various Ministries / Departments. The 7th CPC had recommended that of a total of 196 Allowances, 52 be abolished altogether and 36 be abolished as separate identities by subsuming them in another allowance. 

The Committee took note of all the representations received from various stakeholders on the 7th CPC recommendations on Allowances. Representations and demands for modifications were received in respect of 79 allowances which have been examined in detail by the Committee. In doing so, the Committee interacted with all the members of the Standing Committee of National Council (Staff Side), Joint Consultative Machinery (JCM) as well the representatives of various Staff Associations of Railways, Postal employees, Doctors, Nurses, and Department of Atomic Energy. It also interacted with the representatives of the Defence Forces, DGs of Central Armed Police Forces (CAPFs) namely CRPF, CISF, BSF, ITBP, SSB, and Assam Rifles as also senior officers from IB and SPG to understand the viewpoint of their personnel. As mentioned in the Report, the Committee held a total of 15 meetings and was assisted by a Group of Officers headed by Additional Secretary (D/o Expenditure) in examining the representations. 

Based on such extensive stakeholder consultations and detailed examination, the Committee has suggested certain modifications in the 7th CPC recommendations so as to address the concerns of the stakeholders in the context of the rationale behind the recommendations of the 7th CPC as well as other administrative exigencies. Modifications have been suggested in some allowances which are applicable universally to all employees as well as certain other allowances which apply to specific employee categories such as Railway men, Postal employees, Scientists, Defence Forces personnel, Doctors and Nurses etc. 

The Report, now being examined in the Department of Expenditure, Ministry of Finance, will be placed before the Empowered Committee of Secretaries (E-CoS) set-up to screen the 7th CPC recommendations and to firm-up the proposal for approval of the Cabinet. It may be recalled that while recommendations of the 7th CPC on pay and pension were implemented with the approval of Cabinet, allowances continue to be paid at old rates. After consideration by the E-CoS, the proposal for implementation of 7th CPC recommendations on Allowances after incorporating the modifications suggested by the Committee on Allowances in its Report shall be placed before the Cabinet for approval.


Wednesday 29 March 2017

Backlog Vacancies : DOPT Minister Reply in Lok Sabha

As per information provided by 10 major Ministries/Departments including Public Sector Banks/Financial Institutions, Central Public Sector Undertakings etc., 28,713 vacancies remained unfilled as on 31.12.2016, which comes to about 31% of 92,589 backlog vacancies reserved for Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs).

The Government had constituted a Committee under the Chairmanship of the then Secretary, Department of Social Justice and Empowerment to make an analysis of the reasons for non-filling up of reserved vacancies and to suggest remedial measures. Based on the recommendations of this Committee, Department of Personnel and Training issued instructions in November/December, 2014 to all Ministries/Departments to constitute in-house Committee to identify backlog reserved vacancies, study of the root cause of backlog reserved vacancies, initiation of measures to remove such factors and to fill up the backlog reserved vacancies.

Various Ministries/Departments have constituted in-house committee and initiated action for filling up of reserved vacancies.

Department of Personnel and Training monitors the progress in filling up of reserved category vacancies for Scheduled Castes, Scheduled Tribes and Other Backward Classes with 10 Ministries/Departments having majority of the employees in Central Government. Six meetings were held in this regard.

The total number of backlog reserved category vacancies is 28,713 in respect of those 10 Ministries/Departments.

As per information provided by those 10 Ministries/Departments, 20,975 vacancies for Scheduled Castes, 15,874 vacancies for Scheduled Tribes and 27,027 vacancies for Other Backward Classes have been filled up during the period 01.04.2012 to 31.12.2016.

These 10 Ministries/Departments have been requested to take expeditious action with regard to the unfilled reserved backlog vacancies.

This was stated by the Minister of State in the Ministry of 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 Shrimati Neelam Sonker and Shri Dushyant Chautala in the Lok Sabha today. 

PIB

Latest news on submission of 7th CPC Allowance Committee Report


“Today(28.03.2017) in Parliament, Minister of State for Finance Shri Santhosh Kumar Gangwar said in a written reply to a question regarding the submission of Allowance Committee Report. He said that the Allowance Committee is now in the process of finalizing its Report. Decisions on implementing the Report will be taken after the Report is submitted by the Committee.”

 

Detailed Questions and Answers:

GOVERNMENT OF INDIA

MINISTRY OF FINANCE

DEPARTMENT OF REVENUE

RAJYA SABHA

STARRED QUESTION No. 2986

TO BE ANSWERED ON TUESDAY, THE 28th MARCH, 2017

CHAITRA 7, 1939 (SAKA)

ALLOWANCE OF GOVERNMENT EMPLOYEES

2986. SHRI A. VIJAYAKUMAR

SHRI RAM KUMAR KASHYAP:

Will the Minister of Finance be pleased to state:

(a) Whether Government has formed a Committee for taking decision about the allowances to the Central Government employees and removal of anomalies in their pay scales announced by the Seventh Pay Commission;

(b) if so, whether the Committee has submitted its report;

(c) if so, the main features thereof and if not, the reasons for delay in submission of report;

and

(d) the time by which recommendations of Seventh Pay Commission regarding the allowances are proposed to be implemented?

ANSWER
MINISTER OF STATE IN THE MINISTRY OF FINANCE
(SHRI SANTOSH KUMAR GANGWAR)

(a) to (d): The Committee on allowances has been constituted vide order dated 22.07.2016 to examine and make recommendations as to whether any changes in the recommendations of the 7th CPC relating to allowances are warranted and if so, in what form. A separate anomaly committee at National Level has also been set up, vide O.M. dated 09.09.2016, to settle the anomalies arising out of the implementation of the 7th CPC recommendations.

The National Anomaly Committee has made recommendations on the calculation methodology of the Disability Pension for Defence forces personnel. The Committee on allowances has received a large number of demands on allowances and even now receiving such demands. All the demands have been diligently examined. The Committee has already held 13 meeting so far and interacted with the representatives of Central Nodal Ministries, National Council (Staff Side), Joint Consultative Machinery (JCM) and officers and representatives of employee associations of Ministry of Health and Family Welfare, Home Affairs, Railways, Defence and Department of Posts. The Committee is now in the process of finalizing its Report. Decisions on implementing the Report will be taken after the Report is submitted by the Committee.

Source : Rajya Sabha

Tuesday 28 March 2017

IMPORTANT JUDGEMENT FROM HON'BLE HIGH COURT OF MADRAS - IMPLEMENTATION OF MACP


VERY IMPORTANT JUDGEMENT FROM HON'BLE HIGH COURT OF MADRAS - IMPLEMENTATION OF MACP RETROSPECTIVELY W.E.F. 01-09-2008 AND DENYING PROMOTIONAL HIERARCHY UNDER ACP FOR THOSE WHO HAVE COMPLE TED REQUIRED SERVICE DURING THE PERIOD BETWEEN 01-09-2009 TO 19-05-2009 HELD NOT LEGAL

TO READ THE COMPLETE JUDGEMENT, PLEASE Click Here


Thursday 23 March 2017

7th Pay Commission: Can Narendra Modi government gift you higher allowances from April?


All hope may not be lost for Central government employees who were expecting the government to make an announcement on higher allowances under the Seventh Pay Commission after the election season.

According to some media reports, the Committee on Allowances headed by Finance Secretary Ashok Lavasa may submit its report before the end of this month, giving a glimmer of hope to employees who can expect to get revised allowances from April.

The Committee on Allowances missed its earlier February 22 deadline for submitting its review report on the recommendations by the Seventh Pay Commission on allowances.

HERE IS ALL YOU NEED TO KNOW ABOUT COMMITTEE ON ALLOWANCES:

1. Replying to a question on Seventh Pay Commission in Lok Sabha on March 10, Minister of State for Finance Arjun Ram Meghwal had said the committee on higher allowances was yet to submit its report. The minister, however, added that deliberations with the committee were in the final stage.

2. The Committee on Allowances was formed in July last year after government employees protested against the recommendations of the Seventh Pay Commission. The commission had recommended scrapping 53 of the 196 allowances for government employees and also suggested merging a few others.

3. The Ashok Lavasa-led committee was given four months' time to submit its review report on the recommendations made by the Seventh Pay Commission. The deadline for report submission was later extended to February 22, 2017.

4. Allowances form a significant part of a government employee's salary and the delay in announcement on a proposed hike has led to growing resentment among nearly 50 lakh employees.

5. It was believed that once the model code of conduct was lifted following the end of the elections in five states, the government would soon make an announcement on higher allowances.

6. The second part of the Budget session is still on and the Committee on Allowances, as per some media reports, is expected to submit its report before the end of March. If the recommendations are implemented by month-end, employees can expect to get revised salaries from April. 

7. Among allowances, the Lavasa committee's recommendation on house rent allowance will be most-closely followed. HRA is one of the fatter allowances that employees get and the Seventh Pay Commission had recommended reducing it by 2-6 per cent depending on type of cities.

8. If reports are to be believed, the Committee on Allowances is likely to recommend no changes in HRA, keeping them as they were under the Sixth Pay Commission at 10, 20 and 30 per cent for different tiers of cities.