Sunday, July 25, 2010

THE ALL INDIA SERVICES (HOUSE BUILDING ADVANCE) RULES, 1978

In exercise of the powers conferred by sub-rule (1) Section 3 of the All India Services Act, 1951 (61 of 1951) the Central Government after consultation with Governments of the States concerned, hereby makes the following rules, namely:

1. Short title and commencement.-(i) These rules may be called the All India Services (House Building Advance) Rules, 1978.

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


2. Definition.- In these rules, unless the context otherwise requires, "member of the Service" means a member of an All India Service, as defined in section 2 of the All India Services Act, 1951 (61 of 1951).


3. Regulation of House Building Advance.-A member of the Service shall be eligible to the grant of House Building Advance at such rates, and subject to such conditions as may be specified by the Central Government from time to time in respect of officers of the Central Civil Services, Group `A':


Provided that such member may elect to the grant of House Building Advance at such rates subject to such conditions as may be specified from time to time by the State Governments or State Governments on whose cadre he is borne in respect of officers, of the State Civil Services, Class I.


4. Interpretation.-If any question arises as to the interpretation of the rules, it shall be referred to the Central Government who shall decide the same.

[DP & AR Notification No. 29019/1/75-AIS (II), dated 31st May, 1978]
GOVERNMENT OF INDIA'S INSTRUCTIONS

GOVERNMENT OF INDIA'S INSTRUCTIONS UNDER RULE 3

1. House Building Advance can be granted by the Central Government to the All India Service officers, who will be absorbed in the Central Administrative Pool:- As the State Governments are probably aware, assistance in the form of loans is given to the Central Government servants for house-building purposes. A copy of the rules framed in this regard together with the latest amendments are forwarded herewith. These rules are not applicable to All India Services officers serving at the centre, as technically they are officers borne on the State cadres. The Government of India had recently an opportunity to examine the question whether or not the All India Services officers on deputation to the Centre, should also be given assistance in the shape of loans for house-building purposes as in the case of other Central Government servant. They have come to the conclusion that officers of the All India Services who are on permanent deputation to the Centre, i.e. such of those who will be absorbed in the Central Administrative Pool, should be given loans by the Central Government themselves, as these officers will continue to serve at the Centre till retirement. It is also proposed to give such assistance to the All India Services officers who have been on deputation for a continuous period of 5 years. In regard to other All India Service officers, who are on deputation to the Centre, or are serving under the State Government, the State Government may themselves grant the loans for house-building purposes.

2. I am to request that if All India Services officers are not already entitled to loans for house-building purposes under the rules framed by the State Government, necessary amendments may be made to their rules for grant of loans to All India Services officers also. Such rules could be on the lines of the rules framed by the Government of India in this regard. If, however, the State Government are unable to adopt such rules for want of funds, the Government of India are prepared to advance the necessary funds in this regard. As the State Governments are aware, All India Services officers are allotted to states other than the states of domicile. It is, therefore, necessary to provide in the rules that loan may be granted to the officers for building houses even outside the state to which they have been allotted. Necessary provision to this effect may be made in the State Rules, if such a provision does not exist already.

3. I am to request the State Government may kindly examine the proposal contained in the preceding paragraph and inform the Government of India as early as possible the action taken thereon.

[Ministry of Home Affairs, Letter No.55/57-AIS(III) dated 11/11/1957]

2. In the case of All India Service officers on deputation to the Central Government, applications for House Building Advance shall be processed and the advance sanctioned by the government of the State on whose cadre the officer is borne:- I am directed to say that under the All India Services (House Building Advance Rules, 1970, a member of an All India Service is eligible to the grant of house building advance either under the Central Government rules or under the State Government rules. The Controller General of Accounts, Ministry of Finance, has suggested that this Department might issue instructions to the effect that in the case of All India Service officers working under the Central Government, the application for house Building Advance should be processed and advance sanctioned by the Government of the State on whose cadre he is borne. The CGA has made this suggestion for the following reasons:-

(i) The house building advance is recoverable in installments over a period of 20 years. During this period the officer would have served in several capacities/posts under the State/Central Government Departments with Accountant General/Pay and Accounts Officer performing accounting functions

(ii) The officer has to enter into relevant agreement and mortgage the property in favour of the government (in favour of President or Governor, as the case may be) which gives the advance and hence it would not be legally and technically permissible to transfer the outstanding balance from Centre to State in the event of the transfer of the officer from Centre to State for facilitating recovery of the advance and maintaining account thereof and further, problem of allocation of interest element between Central and the State Government would crop up.


(iii) Retirement Benefits of All India Service officers are paid by the State Government/State Accountant General concerned and in large number of cases the outstanding balance of the advance is required to be recoverable in one limp-sum from the gratuity etc payable to the officer. In such cases, if the Central Government had sanctioned house building advance, there is likely to be delay in finalizing the pension case.

(iv) The Department have carefully considered the suggestion made by the Controller General of Accounts, Ministry of Finance and it is proposed to accept the same and issue instructions to all concerned to the effect that in the case of All India Service officers on deputation to the Central Government also, applications for House Building Advance shall be processed and the advance sanctioned by the government of the State on whose cadre the officer is borne. I am to request that the comments of the State Government in this regard may kindly be communicated to this Department immediately.

[Department of Personnel and Administrative Reforms, Letter No. 14018/3/80-AIS(II) dated 26/11/1980]

3. Members of the All India Services on Central deputation may be granted HBA from the Central Ministries/Departments in which they are working in accordance with the existing rules and the interest rates. However, the balance of the HBA in respect of such officers, on their repatriation to the parent State Cadre shall, as a one time transaction, be debited to the concerned State Government and credited to the Central Government- I am directed to say that under the All India Services(HBA) Rules, 1978, a member of an All India Service is eligible to the grant of HBA either under the Central Government rules or under the State Government rules, as opted by him. Prior to issuance of the aforesaid rule the issue of grant of HBA to the members of the All India Services was considered by the Central Government and a decision was taken in this regard which was conveyed to the State Governments in its letter No. 55/57-AIS(III) dated 11th November, 1957 (copy enclosed). At that time it was decided that officers of the All India Services who are on permanent deputation to the Centre, i.e. such of those who will be absorbed in the Central Administrative pool, should be given loans by the Central Government themselves, as those officers would continue to serve at the Centre till retirement. It was also decided to give assistance to the All India Services Officers who would have been on deputation for a continuous period of 5 years. In regard to other All India Services officers who were on deputation to the Centre or were serving under the State Government, the State Government concerned may grant the loans for house building purposes.

2. The aforesaid decision was reviewed by the Central Government on the basis of suggestion made by the Controller General of Accounts, Ministry of Finance and it was decided that in the case of All India Services officers working under the Central Government, the application for HBA should be processed and advance sanctioned by the Government of the State on whose cadre the officer was borne. This decision was issued in this Department’s letter No. 14018/3/80-AIS(II) dated 26th November, 1980, a copy of which is enclosed.

3. As decided above members of the All India Services have been granted HBA from the State Government concerned and the Central Government has been giving assistance to the State Government in the form of reimbursement of their expenditure. However for the last so many years the amount of expenditure met by the State Government in grant of HBA to the members of the All India Services has been increasing but the Central assistance has not been increased to the tune. Resultantly we are not making reimbursement of cent percent expenditure met by the State Governments due to non-availability of adequate budget provision for the purpose. Of late, it has been felt that due to financial hardships in most of the State Governments, the members of the All India Services have been denied HBA from the State Government.

4. Representations from the individual All India Services officers have been received in this Department which have been considered in consultation with the Ministry of Finance(Department of Expenditure). It has been decided that the members of the All India Services who are serving at the Centre on Central deputation may be granted HBA from the Central Ministries/Departments in which they are working in accordance with the existing rules and the interest rates with the stipulation that the balance of the HBA in respect of such officers, on their repatriation to the parent State Cadre shall, as a one time transaction, be debited to the concerned State Government and credited to the Central Government. As regard grant of HBA to the members of the All India Services who are working with the State Government concerned, the State Government concerned will grant HBA to them as per existing practice.

[DOPT, letter No. 14018/1/2004-AIS-(II) dated 7/5/2004]

Copy of the DOPT letter No. 14018/3/80-AIS(II) dated 26th November, 1980 regarding grant of House Building Advance to members of All India Services on deputation to centre.

1. I am directed to any that under the All India Services (House Building Advance) rules 1978, a member of an All India Service is eligible to grant of House Building Advance either under the Central Govt. rules or under the State Govt. Rules. The Controller General of Accounts, Ministry of Finance, has suggested that this department might issue instructions to the effect that in the case of All India Services Officers working under the Central Govt., the application for House Building Advance should be processed and advanced sanctioned by the Govt. of the State on whose cadre he is borne. The C.G.A. has made this suggestion for the following reasons:

(i) The House Building Advance is recoverable in installments over a period of 20 years. During this period the officer would have served in several capacities / posts under the state/ Central Govt. Departments with Accountant General / Pay & Account Officers performing Accounting functions.

(ii) The Officers has to enter into relevant agreement and mortgage the property in favour of the Govt. (in favour of President or Governor as the case may be) which gives the advance and hence it would not be legally and technically permissible to transfer the outstanding balance from Centre to the State in the event of the transfer of the officers from centre to State for facilitating recovering of the advance and maintaining account thereof and further, problem of allocation of interest element between Central and the State Govt. would crop up.

5
(iii) Retirement benefits of All India Service Officers are paid by the State Govt. / State Accountant General concerned and in large number of cases the outstanding balance of the advance is required to be recoverable in one lumpsum from the gratuity etc. payable to the officers. In such cases, if the Central Govt. had sanctioned House Building Advance, there is likely to be delay in finalizing the pension case.

2. This Department have carefully considered the suggestion made by the controller General of Accounts, Ministry of Finance and proposed to accept the same and issue instruction to the concerned to the effect that in the case of All India Service Officers of on deputation to the Central Government also, application for house Building Advance be processed and the advance sanctioned by the Government of the state on whose cadre the officer is borne. I am to request that the comments of the State Government in this regard may kindly be communicated to this Department immediately.
Yours faithfully,



Copy of DOPT letter no. No. 55/57-AIS (III) dated 11/11/1957 regarding Question of Grant of loans for House Building Purposes for officers


1. As the State Governments are probably aware, assistance in the form of loans is given to the Central Government Servants for House Building Purposes. A copy of the rules framed in this regard together with the latest amendments forwarded herewith. These rules are not applicable to All India services Offices serving at the Centre, as technically they are officers borne on the State Cadres. The Government of India had recently an opportunity to examine the question whether or not the All India Services Officers on deputation to the Centre, should also be also be given assistance in the shape of loans for House Building purposes as in the case of other Central Government Servants. They have come to the conclusion that officers of the All India Services who are on permanent deputation to the Centre, i.e., such of those who will be absorbed in the central Administrative pool, should be given loans by the Central Govt. themselves, as these officers will continue to serve at the Centre till retirement. It is also proposed to give such assistance to the All- India Services Officers who have been on deputation for a continuous period of five years. In regard to other All India Services officers, who are on deputation to the centre, or are serving under the State Govt., the State Govt. may themselves grant the loans for House Building purposes.


2. I am to request that if All India Services Officers are not already entitled to loans for House Building purposes under the rules framed by the State Governments, necessary amendments may be made to their rules for grant of loans to the All India Services Officers also. Such rules could be on the lines of the rules framed by the Govt. of India in this regard. If however, the State Government are enable to adopt such rules for want of funds, the Government of India are prepared to advance the necessary funds in this regard. As the State Government are aware, All India Services Officers are allotted to States other than the States of domicile. It is, therefore, necessary to provide in the rules that loan may be granted to the officers for building house even outside the state to which they have been allotted. Necessary provision to this effect may be made in the state rules, if such a provision does not exist already.


3. I am to request the State Govt. may kindly examine the proposal contained in the preceding paragraph and inform the Government of India as early as possible the action taken thereon.



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Saturday, July 24, 2010

Service Books

Maintenance of Service Books
4.1 The rules governing the maintenance of service books in respect of Government servants are contained in the FRs&SRs and the GFRs. Some important provisions of rules which should be kept in view while maintaining service books are mentioned in the ensuing paragraphs.

[SR 197].
4.2 A Service Book should be maintained by the Head of Office for every Government Servant (Gazetted and Non-Gazetted) holding a substantive post on a permanent establishment or officiating in a post or holding a temporary post likely to last for more than one year.

Custody of Service Books
[SR 198].
4.3 A service book shall be maintained for a Government servant from the date of his first appointment to Government service. It must be kept in the custody of the Head of the Office in which he is serving and transferred with him from office to office.

Attestation of Entries in Service Books
[Government of India decision (1) below SR 199 in the Swamy's Compilation of FRs & S Rs, Part 1 (7th Edition)].
4.4 The Head of Office can delegate, to a subordinate gazetted officer under him, powers to attest entries in the service books of all gazetted officers (except his own) for the maintenance of which he is responsible. The Head of Office should however scrutinize at least ten per cent of these documents every year and initial the same in token of having done so.

Entries of Foreign Service in Service Books
[SR 203].
4.5 If a Government servant is transferred to foreign service, the Head of his Office or Department must send his service book to the Pay & Accounts Officer who will return it after noting in it, under his signature, the order sanctioning the transfer, the effect of the transfer in regard to leave admissible during foreign service etc. On the Government servant's re-transfer to Government service his service book must again be sent to the Pay & Accounts Officer who will then note in it the fact of recovery of leave salary and pension contributions. No entry relating to the period spent on foreign service should be attested by any authority other than the PAO. This fact is ,however to be recorded by DDO in case of the merged DDO Scheme.

Leave Account
[Rule 15 of CCS (Leave) Rules].
4.6 A leave account shall be maintained for each Government servant (Gazetted or Non-Gazetted) by the Head of Office. Entries regarding leave in the leave account and the service book should be made distinctly and attested.

Nature of Entries in Service Books
[SR 199].
4.7 Every step in a Government servant's offical life should be recorded in his service book and each entry must be attested by the Head of Office or if he himself is the Head of Office, by his immediate superior. The Head of Office must see that all entries are duly made and attested and that the service book contain no erasure or over-writing, all corrections being neatly made and properly attested.

[Government of India Orders(1) below SR 199 of the "Swamy's Compilation of FRs & SRs (Part 1) (7th Edition)''].
4.8 The entries regarding increments, and fixation of pay should be based on the Increment Certificates, and Pay fixation statements. The declaration of the Government servant electing the new scale of Pay and the statement showing the fixation of his initial pay in the relevant scale in support of the entry in the service book should be pasted in the service book.

[Rule 4 of the LTC Rules].
4.9 The declaration of Home-Town for purpose of Leave Travel Concession duly accepted by the competent authority should be pasted in the service book.

(SR 200].
4.10 Every period of suspension from employment and every other interruption in service must be noted promptly with full details of its duration and be properly attested.

Periodical Inspection of Service Books by the Govt. Servant Concerned
[SR 202].
4.11 The Head of Office should show the service book to each Government servant under his administrative control every year, and obtain his signature therein in token of his having inspected the service book. A certificate to the effect that he has done so in repect of the preceding financial year should be submitted by him to his next superior by the end of every September.

Entries regarding Date of Birth
4.12 The provisions of Rules 79 and 80 of GFRs should be observed with regard to the entry of the date of birth in the service book.

[Note 5 below FR 56].
4.13 No alteration in the date of birth of a Government servant should be made except with the sanction of the Ministry/Department concerned of the Central Government, under which the Government servant is serving, provided :

(a) A request in this regard is made within five years of his entry into Government service

(b) it is clearly established that a genuine bonafide mistake has occured; and

(c) the date of birth so altered would not make him ineligible to appear in any School or University or UPSC examination in which he had appeared, or for entry into Government service on the date on which he first appeared at such examination or on the date on which he entered Government service.

Entries regarding verfication of service
(GFR 81).
4.14 (i) In the beginning of each year all the service books should be taken up for verification of service by the Head of Office in terms of Rule 81 of GFRs and a certificate in the following manner recorded therein over his signature :- "Service verified upto (date) from ........................the record from which the verification is made''.

[Government of India Decision No.(1) below GFR 81].
(ii) If any portion of service cannot be verified from office records, the Head of Office should state distinctly that for the excepted periods (naming them) a statement in writing by the Government servant as well as a record of the evidence of his contemporaries ,is attached to the service book.

[Government of India decision(3) below GFR81].
4.15 In case of transfer of Government servant, the Head of Office under whom he was originally employed should record the verification of service in respect of the whole period during which the Government servant was employed under him before forwarding the service book to the office where his services are transferred.

Providing certified copy of Service Book
[Government of India decision No.(5) below GFR 81].
4.16 A certified copy of service book may be supplied on payment of a copying fee Rs. 5/- to a Government servant who asks for it on quitting Government service, by retirement, discharge or resignation.

Note regarding receipts of nominations for pension/ DCRG & other important to entries
[Government of India Decision No. 1 below Rule 53 of CCS (Pension) Rules,1972].
4.17 A clear note should be made in the service book regarding the receipt of nomination for DCR Gratuity and Family Pension and related notices from the Government servant and where they have been lodged for safe custody.

[Government of India Decision(7) below GFR 81].
4.18 The orders of the competent authority regarding the counting or otherwise of periods of extraordinary leave,or periods preceding breaks in service or qualifying service for pension should be obtained invariably at the very time the occasion arises and not later. Such orders should be noted in the service book.

[Government of India Order No. (5) below SR 199 in Swamy's Compilation of FRs,Part 1 (7th Edition)].
4.19 General Provident Fund Account No. allotted to a Government servant (including any subsequent changes in the Account No.) should be entered on the right hand top of page 1 of his service book by means of a rubber stamp.

[Para 4.2 of M/F OM No.F.15(3)/78 WIP dated 30-10-80,read with OM No..F.15(3)/78 WIP,dated 20-2-82].
4.20 The Head of Office should ensure that necessary note of the membership of CGEGI Scheme has been made in respect of Government Servants who were in service on 1st November,1980 and who did not exercise the option to opt out of the scheme and those who joined the Government Service later.

[Para 9 of the M/F O.M. No. F. 15(3)/78 WIP, dated 31-12-80].
4.21 The Head of Office should obtain from every Government servant who is a member of C.G.E.G.I. Scheme a nomination in Form 7/Form 8 as the case may be, countersign it and paste it in the Service Book. Whenever the nomination is revised by the Government servant, the fresh nomination should be similarly counter-signed and pasted.

4.22 The photograph of the Government servant should be pasted on the right side of page 1 of the service book.

4.23 Proper entries regarding medical examination of the Government servant at the time of appointment and attestation forms verifying antecedents and character etc. should be made at the appropriate place of the service book.
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Sunday, July 11, 2010

Consent of employee must for Deputation

The Gujarat High Court, established in the yea...Image via Wikipedia
      Deputation in government service can only be with the consent of the employee, the Gujarat High Court has ruled.

Baldev Chauhan, a technical assistant had sought the intervention of the court to declare his deputation order passed by the District Development Officer (DDO) as illegal and arbitrary. Justice KS Jhaveri ruled that the petitioner was sent on deputation without his consent and hence, the order passed by the DDO was bad in law and deserved to be quashed and set aside.

The court observed that the petitioner worked on deputation for a period of almost 13 years. However, he was repatriated to the parent department by the DDO vide order dated 09.05.2006 where he served for only two years. The DDO vide order dated 09.01.2008 again sent the petitioner on deputation at Jilla Gram Vikas Agency, Himatnagar without his consent. Being aggrieved by the said order, the petitioner made a representation for consideration; however, no decision was taken on the said representation.

Justice Jhaveri said, “In the present case, it is apparent that the petitioner has been sent on deputation to the place in question without his consent and against his willingness. Therefore keeping in mind the principle laid down by the apex court, in the case of State of Punjab vs. Inder Singh and others (1997) 8 SCC 372, it is clear that the impugned order passed by respondent no. 1 is bad in law and deserves to be quashed and set aside.”

source-lawetalnew
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Expected Dearness Allowance from July-2010 for Central Government Employees



The second installment for this year (2010) of Dearness Allowance (DA) is awaited with lots of expectations…
The main expectation among lakhs of Central Government Employees will be announcement of the next additional installment of Dearness Allowance (DA) for this year….
The reasons are many…
Employees getting only 3% annual increment for one year and those who are getting promotion, they are also getting only Grade Pay difference + 3% annual increment after waiting for several years. But nowadays employees are getting Dearness allowancepercentage much than annual increment due to all commodities price increase.
Dearness Allowance is an essential component of salary, it is based on monthly All IndiaConsumer Price Index for Industrial Workers (Base year 2001-100) announced by the Labour Bureau – Government of India from time to time. After 6th CPC only the Government directed that the Dearness Allowance has to be calculated based on AICPIN with the base year 2001-100.
We have clearly stated in our site that the Dearness Allowance (DA) from Jan-2010 to Jun-2010 should be 8% with appropriate proof. Some had doubt about this, but the Government accepted and the 8% Dearness Allowance (DA) was announced (19.03.2010) from Jan-2010.
As of now, the situation demands increase in Dearness Allowance (DA) from Jul-2010 to Dec-2010 should be 44% and it will confirmed only when the All India Consumer Price Index(AICPIN) for May and June to be published. But when the index value 170 decreases to 165 or low for the next two months, the Dearness Allowance (DA) will be 8%. If it increases from 170 to 173 and above, there is a chance that the Dearness Allowance (DA) shoots up to 10%. Till now, we can conclude that additional Dearness Allowance (DA) will be 9% because there is no relief in the prices of essential commodities. But the Government will be strictly monitoring the situation and control prices that the AICPIN (All India Consumer Price IndexNumber for Industrial Workers (CPI-IW) on base 2001=100) value doesn’t go up.
In the next year, when DA crosses 50%, all allowances will get a hike up to 25% as per the 6th CPC recommendations. This will bring some relief to the employees.
The Pensioners, State Government employees and who are all getting pay as per 5th CPC also looks forward eagerly waiting for the announcement of increase in Dearness Allowance(DA).
We have to wait for this announcement for almost two months.
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