Tuesday, December 27, 2016

Guidelines Regarding Prevention of Sexual Harassment of Women at the Workplace – DOPT.

Guidelines Regarding Prevention of Sexual Harassment of Women at the Workplace – DOPT.

No.11013/7/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi,
Dated the 22 nd December, 2016

OFFICE MEMORANDUM

Subject:- Central Civil Services (Conduct) Rules 1961 – Guidelines regarding prevention of sexual harassment of women at the workplace – regarding.

The undersigned is directed to refer to the DoPT OM number No.11013/2/2014-Estt.A-III, dated the 16th July, 2015 etc., vide which need for effective mechanism to ensure that inquiries in the case of allegations of sexual harassment are conducted as per the prescribed procedure and that they are monitored have been issued. Recently, a meeting was held under the Chairmanship of Minister, Women and Child Development wherein concern was expressed that the inquiries in such cases are taking unduly long time. It has, therefore, been decided that the following further steps may be taken to ensure that the inquiries are conducted expeditiously and the aggrieved women are not subjected to victimization:

(1) As already conveyed vide OM dated 2nd February, 2015 all Ministries/Departments shall include in their Annual Reports information related to the number of such cases and their disposal.

(2) As far as practicable, the inquiry in such cases should be completed within 1 month and in no case should it take more than 90 days as per the limit prescribed under the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013.

(3) It should be ensured that the aggrieved women are not victimized in connection with the complaints filed by them. For a period of five years after a decision in a proven case of sexual harassment, a watch should be kept to ensure that she is not subjected to vendetta. She should not be posted under the Respondent, or any other person where there may be a reasonable ground to believe that she may be subjected to harassment on this account. In case of any victimization the complainant may submit a representation to the Secretary in the case of Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, Ministries/Departments and Head of the Organization in other cases. These representations should be dealt with sensitivity, in consultation with the Complaints Committee, and a decision taken within 15 days of the submission of the same.

(4) All Ministries/Departments shall furnish a monthly report to the Ministry of Women and Child Development giving details of number of complaints received, disposed of and action taken in the case.

Sd/-
(Mukesh Chaturvedi)
Director (E)

Source : http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/11013_7_2016-Estt.A-III-22122016.pdf
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Monday, December 26, 2016

Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Implementation of 7th CPC Recommendations

Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – Implementation of 7th CPC Recommendations

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(Railway Board)

S.No.PC-VII/12
No.PC-V/2016/MACPS/1

RBE No.155/2016
New Delhi, dated 19/12/2016

The General Managers
All Indian Railways & PUs
(As per mailing list)

Subject: Modified Assured Career Progression Scheme (MACPS) for the Railway Employees – lmplementation of seventh CPC recommendations.

The Modified Assured Career Progression Scheme was introduced with effect from 01.09.2008 in pursuance of the recommendations of the Sixth Pay Commission by this Ministry’s letter No.PC-V/2009/ACP/2, dated 10.06.2009 (RBE No.101/2009). Thereafter, subsequent amendments/clarifications were issued from time to time. These instructions are in force with effect from 01.09.2008.

2.The 7th Central Pay Commission (CPC) in para 5.1.44 of its report has recommended inter-alia as follows:

“MACP will continue to be administered at 10, 20 and 30 years as before. In the new Pay Matrix, the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the Pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of Organised Group ‘A’ Services.”

3.The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, the Modified Assured Career Progression Scheme (MACPS) will continue to be administered at 10, 20 and 30 years as before. Further, Para 1 and 2 of the existing Scheme (Annexure to this Ministry’s letter No.PC-V/2009/ACP/2, dt.10.06.2009) will be substituted by the following words:-

“1. There shall be three financial upgradations under the MACPS as per 7th CPC recommendations, counted from the direct entry grade on completion of 10, 20 and 30 years services respectively or 10 years of continuous service in the same level in Pay Matrix, whichever is earlier.

2. The MACPS envisage merely placement in the immediate next higher level in the Pay Matrix as given in PART ‘A’ of Schedule of Railway Services (Revised Pay) Rules. 2016. Thus, the level in the Pay Matrix at the time of financial upgradation under the MACPS can, in certain cases be different than what is available in the normal hierarchy at the time of regular promotion in one’s AVC. In such cases, the higher level in the Pay Matrix attached to the next promotion post in the hierarchy of the concerned cadre/organization will be given only at the time of regular promotion.”

4. The 7th Central Pay Commission (CPC) in Para 5.1.45 of its report has in teralia recommended as follow:-

“Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from ‘Good’ to ‘Very Good’.”

5. The Government has considered the above recommendation and has accepted the same. In the light of the recommendations of the 7th CPC accepted by the Government, Para 17 of the Scheme (Annexure to Board’s letter No.PC-V/2009/ACP/2, dt. 10.02.2009) shall be substituted by the following words:-

” 17. For grant of financial upgradation under the MACPS, the prescribed benchmark would be ‘Very Good’ for all the posts.”

6. These changes will come into effect from 25th July, 2016, i.e., from the date of resolution notified by Department of Expenditure, Ministry of Finance regarding acceptance of the recommendations of the 7th CPC.

6.1 MACPS where it was due earlier to 25.07.2016, but not decided yet due to Administrative delay, will be decided as per criteria prevalent at that time. Cases that became due on or after 25.07.2016, will be decided as per new criteria. However, Past Cases, decided otherwise, need not be re-opened.

7. The comprehensive MACP Scheme on acceptance of Seventh Central Pay Commission recommendations will be issued separately.

8. This issues with the concurrence of the Finance Directorate of the Ministry of Railways.

9. Hindi version is enclosed.

(Authority: DOP&T’s OM No.350344/3/2015-Estt.(D), dt.28.09.2016)

Sd/-
(N.P.Singh)
Dy.Director,Pay Commission-V
Railway Board

Source: NFIR
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Wednesday, December 21, 2016

Government Clarification on Amendment to Payment of Wages Act

Government Clarification on Amendment to Payment of Wages Act 

Press Information Bureau 
Government of India
Ministry of Labour & Employment
21-December-2016 13:41 IST
Government Clarification on Amendment to Payment of Wages Act 

It is seen from the media reports that there is a general impression that is being created that the Government is bringing an amendment to the Payment of Wages Act to make mandatory the payment of wages to the workers only through cheque or accounts transfers. This is not the correct position.

It is clarified that the government proposes to bring an amendment to Section 6 of the Payment of Wages Act which will further provide crediting the wages in the bank account of the employees or payment through cheque along with the existing provisions of payment in current coin or currency notes.

This is being done to facilitate the employers from making payment of wages using the banking facilities also in addition to the existing modes of payment of wages in current coin or currency notes.

Also, the appropriate Government (Centre or State) will have to come up with the notification to specify the industrial or other establishments where the employer shall pay wages through cheque or by crediting the wages in employees’ bank account. It is, therefore, clear that the option of payment through cash is still available with the employers for payment of wages.

It may be understood that the Payment of Wages Act was passed in the year 1936 (eighty years ago) and the situation prevailing at that point of time has completely undergone a technological revolution. Most of the transactions now take place through the banking channels. The proposal of Ministry of Labour and Employment to bring an amendment to Section 6 of the Act is an additional facility of crediting the wages in the bank account of the employees or payment through cheque along with the existing provisions of payment in current coin or currency notes.

The above proposed amendment will also ensure that minimum wages are paid to the employees and their social security rights can be protected. Thus the employers can no longer under-quote the number of employees employed by them in their establishments to avoid becoming a subscriber to the EPFO or ESIC schemes.

It is also pointed out that the states like Andhra Pradesh/Telangana, Kerala, Uttarakhand, Punjab and Haryana have already come out with notifications to provide for payment through banking channels.
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Monday, December 19, 2016

Inclusion of Aadhaar Number (Unique Identification Issued by UIDAI) in Service Book of Government Servants.

Inclusion of Aadhaar Number (Unique Identification Issued by UIDAI) in Service Book of Government Servants.

GOVERNMENT INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(G)2016/FR 1-6

New Delhi, dated 2/12/2016

The General Manager(s),
Zonal Railways &
Production Units, etc

Sub: Inclusion of Aadhaar Number (Unique Identification Issued by UIDAI) in Service Book of Government Servants.

As Railway administrations are aware, in terms of extant rules/instructions every event in a Government servants’ official life must be recorded in his Service Book and each entry is to be attested by the Head of office.

2. An extract of Paras 1234 and 1235 of the ‘Indian Railway Administration and Finance Code’ which provides that the Heads of offices are to obtain signatures of the Railway servants in token of them having inspected their Service Books annually is reproduced below:-

“1234. Scrutiny by Employees: It shall be the duty of every Head of Office in initiate action to show the Service Books to railway servants governed by pension rules under his administrative control every year and to obtain their signature therein in token of their having inspected the Service Books. A certificate to the effect that he has done so in respect of the preceding financial year should be submitted by him to his next superior officer by the end of every September. The railway servants shall inter-alia ensure before affixing their signature that their services have been duly verified and certified as such. In the case of a railway servant on foreign service, his signature shall be obtained in his Service Book after the Accounts Officer has made threin necessary entries connected with his foreign service.

1235. The scrutiny of his Service Book by the railway servant concerned, must be made in the presence of a responsible official. As a token of his scrutiny and acceptance of entries in the Service Book the railway servant should sign in the relevant column of the Service Book and official who supervised the scrutiny will also endorse his signature as evidence that scrutiny was conducted under proper supervision and the supervising officer is satisfied that it was bona fide and no unauthorized changes were made in the entries in the Service Book in the course of such scrutiny.”

3. Furthermore, Rule 47 of the Railway Services (Pension) Rules 1993 provides for issuing a communication on completion of 18 years of service and five years before retirement, as part of preparatory work for sanctioning pensionary benefits.

4. Besides aforesaid directives, pursuant to Government of India’s instructions, it has also been decided that Aadhaar numbers of all Railway Servants should be included in their Service Book.

5. Therefore, all Zonal Railways/Production Units etc, are directed to ensure that the Service Book of all employees have an entry of the employee’s Aadhaar number. Immediate necessary action in this regard may please be taken and the number of employees whose Service Books have been seeded with their respective Aadhaar number may be intimated to Board’s office within a month’s time.

6. In this connection, attention of Zonal Railways is invited to Board’s letter No. 2015/ED/ERP/UIDAI/01 dated 21/7/2016 wherein Railways/Production Units were directed to arrange for Aadhaar numbers and field units are expected to have taken action already.

7. This issues with the concurrence of the Finance Dte.

8. Please acknowledge receipt.

9. Hindi version will follow.

Sd/-
(D. Joseph)
Dy.Director Estt. (Genl.)

Source: NFIR
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Thursday, December 15, 2016

CONFEDERATION NEWS - REVISED ALLOWANCES WILL NOT BE PAID IN THIS FINANCIAL YEAR.

CONFEDERATION NEWS - REVISED ALLOWANCES WILL NOT BE PAID IN THIS FINANCIAL YEAR.

THE CAT IS OUT OF THE BAG

REVISED ALLOWANCES WILL NOT BE PAID IN THIS FINANCIAL YEAR.

ALLOWANCES COMMITTEE'S TIME LIMIT EXTENDED UPTO 22.02.2017

CENTRAL GOVERNMENT EMPLOYEES AGAIN CHEATED BY NDA GOVERNMENT

STRIKE IS INEVITABLE

MAKE 15th DECEMBER PARLIAMENT MARCH 
A THUNDERING SUCCESS!

          Dr. Urjit R. Patel, Governor, Reserve Bank of India has made the following observations in a media conversation which is published in RBI website.

(1) The disbursement of salaries and arrears under 7th Pay Commission award has not been disruptive to inflation outcomes.

(2) The extension of two months given to the Ministry of Finance to receive the notification on higher allowances under the Pay Commission's award, COULD PUSH IT'S FULLER EFFECT INTO THE NEXT FINANCIAL YEAR rather than this financial year.

          The above statement by the Governor, RBI clearly indicates that THE ALLOWANCES WILL BE REVISED ONLY AFTER FEBRUARY 2017 AND WILL COME INTO EFFECT IN THE NEXT FINANCIAL YEAR ONLY.

          Earlier to a question regarding increase in Minimum Pay and Fitment formula Minister of State for Finance Shri Arun Ram Meghwal gave the following reply in the Raja Sabha on 23.11.2016.

          "The anomalies arising out of implementation of 7th Central Pay Commission will be examined by the Anomaly Committee which has already been constituted. Based on the report of the Committee, the matter will be considered by the Government and appropriate decision will be taken. 

          From the reply it is clear that the question of increase in Minimum Pay and Fitment factor is to be decided by the Anomaly Committee. That is why the Government has not formally constituted THE HIGH LEVEL COMMITTEE as assured by the Group of Ministers to the JCM Staff side leaders in the  30th June night  discussion. And this is the reason for Group of Senior Officers behaving as if they .don't know what the task is assigned to them. Now by 30th December SIX months will be over after the 30th June assurance given by Group of Ministers including Shri Rajnath Singh , Hon'ble Home Minister , Shri Arun Jaitley , Hon'ble Finance Minister and Shri Suresh Prabhu , Hon'ble Railway Minister . Employees and Leaders have never expected such blatant breach of assurance given by Senior Cabinet Ministers of NDA Government.

          The revision of pay and pension of thousands of Autonomous body employees and Pensioners  is also pending for the last six months. On 17.11.2016 Finance Ministry has given instructions to all Autonomous bodies NOT TO EXTEND the benefits of 7th CPC to employees and Pensioners of Autonomous bodies UNTIL FURTHER ORDERS.

          The One man Committee constitute by Government for revision of wages and service conditions of three lakhs Gramin Dak Sevaks of Postal Department had submitted it's report to Government on 24th November 2016.  Even after 20 days, the Government is not ready to publish the report or give copy to the recognised Federations.

          The revision of wages of Casual, Part-time Contingent and Contract workers, consequent on implementation of 7th CPC wage revision is also pending.

          The one and the only favourable recommendation of 7th CPC ie; Parity between past and present pensioners (Option - 1) stands referred to a Committee which has taken a stand that Option - 1 is not feasible.

          None of the demands raised by Confederation in its 20 point charter of demands is settled.

THERE IS NO SHORT-CUT OTHER THAN STRUGGLE.

AWAKE!    ARISE!!  UNITE COMRADES!!!

RALLY ROUND CONFEDERATION.

WE THE WORKERS, WE THE NATION, 
WE ARE NOT BEGGAR FOLKS

M. Krishnan
Secretary General
Confederation
Mob: 09447068125
Email: mkrishnan6854@gmail.com

Source:http://confederationhq.blogspot.in/
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Thursday, December 08, 2016

Milad-Un-Nabi Holiday Changed to 12th December 2016 - DoPT Order 2016

Milad-Un-Nabi Holiday Changed to 12th December 2016 - DoPT Order 2016
F.N0.12/18/2016-JCA2
Government of India
Ministry of Personnel Public Grievances and Pensions
Department of Personnel and Training
JCA Section

North Block, New Delhi
Dated the 7th December, 2016

OFFICE MEMORANDUM

Sub: Change of date of holiday on account of Milad-Un-Nabi or Id-E-Milad during 2016 for all Central Government administrative offices located at Delhi / New Delhi.

As per list of holidays circulated vide this Ministry’s 0.M.No.12/7/2015-JCA-2 dated the 11th June, 2015, the holiday on account of Milad-Un-Nabi or Id-E-Milad falls on Tuesday the 13th December, 2016. It has been brought to notice of this Ministry that in Delhi Milad-Un-Nabi or Id-E-Milad will be celebrated on 12th December, 2016.

Accordingly, it has been decided to shift the Milad-Un-Nabi or Id-E-Milad holiday to 12th December, 2016 in place of 13th December, 2016 as notified earlier, for all Central Government administrative offices at Delhi / New Delhi.

2. For Offices outside Delhi / New Delhi the Employees Coordination Committees or Head of Offices (where such Committees are not functioning) can decide the date depending upon the decision of the concerned State Government.

Hindi version will follow.

Sd/-
(D.K.Sengupta)
Deputy Secretary (JCA)

Source:http://document.ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/12_18_2016-JCA2-07122016.pdf
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Saturday, December 03, 2016

AICPIN for the Month of October 2016 – Expected DA from January 2017

AICPIN for the Month of October 2016 – Expected DA from January 2017

No. 5/1/2016- CPI
GOVERNMENT OF INDIA
MINISTRY OF LABOUR & EMPLOYMENT
LABOUR BUREAU

`CLEREMONT’, SHIMLA-171004
DATED: 30th November, 2016

Press Release

Consumer Price Index for Industrial Workers (CPI-IW) — October, 2016

The All-India CPI-IW for October, 2016 increased by 1 point and stood at 278 (two hundred and seventy eight). On 1-month percentage change, it increased by (+) 0.36 per cent between September and October, 2016 when compared with the increase of (+) 1.13 per cent between the same two months a year ago.

The maximum upward pressure to the change in current index came from Food group contributing (+) 1.01 percentage points to the total change. At item level, Rice, Wheat, Wheat Atta, Besan, Black Gram, Gram Dal, Poultry (Chicken), Milk (Buffalo & Cow), Brinjal, Cauliflower, French Bean, Lady’s Finger, Methi, Peas, Tomato, Cooking Gas, Petrol, Toilet Soap, Tailoring Charges, etc. are responsible for the increase in index. However, this increase was checked by Moong Dal, Urd Dal, Groundnut Oil, Fish Fresh, Apple, Banana, Potato, Electricity Charges, Soft Coke, etc., putting downward pressure on the index.

The year-on-year inflation measured by monthly CPI-IW stood at 3.35 per cent for October, 2016 as compared to 4.14 per cent for the previous month and 6.32 per cent during the corresponding month of the previous year. Similarly, the Food inflation stood at 2.99 per cent against 4.05 per cent of the previous month and 7.50 per cent during the corresponding month of the previous year.

At centre level, Mundakkyam and Darjeeling reported the maximum increase of 8 points each followed by Jamshedpur and Amritsar (5 points each). Among others, 4 points increase was observed in 4 centres, 3 points in 8 centres, 2 points in 13 centres and 1 point in 20 centres. On the contrary, Goa recorded a maximum decrease of 7 points followed by Bhavnagar (5 points). Among others, 2 points decrease was observed in 4 centres and 1 point in 8 centres. Rest of the 15 centres’ indices remained stationary.

The indices of 35 centres are above All-India Index and other 42 centres’ indices are below national average. The index of Vishakhapathnam centre remained at par with All-India Index.

The next issue of CPI-IW for the month of November, 2016 will be released on Friday, 30th December, 2016. The same will also be available on the office website www.labourbureaunew.gov.in.

Sd/-
(SHYAM SINGH NEGI)
DEPUTY DIRECTOR GENERAL

Source:http://www.labourbureaunew.gov.in/UserContent/Press_Note_CPI_IW_Oct_2016_EH.pdf
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Thursday, December 01, 2016

No Limit on Holding of Gold Jewellery or Ornaments by anybody provided it is acquired from explained sources of Income including inheritance.

No Limit on Holding of Gold Jewellery or Ornaments by anybody provided it is acquired from explained sources of Income including inheritance. 

Press Information Bureau 
Government of India
Ministry of Finance

01-December-2016 18:24 IST

Various points clarified with respect to gold jewellery and ornaments; No limit on holding of gold jewellery or ornaments by anybody provided it is acquired from explained sources of income including inheritance. 

In order to remove any doubt about the current position of Income Tax Law with respect to gold jewellery and ornaments, the following points are hereby categorically clarified: 

(a) There is no limit on holding of gold jewellery or ornaments by anybody provided it is acquired from explained sources of income including inheritance 

(b) Vide circular dated 11.5.1994, instructions have been issued in the matter of search and seizure of gold jewellery. 

(c) Jewellery and ornaments to the extent of 500 gms for married lady, 250 gms. for unmarried lady and 100 gm for male member will not be seized, even if prima facie, it does not seem to be matching with the income record of the assesse. 

(e) Officer conducting search has discretion not to seize even higher quantity of gold jewellery based on factors including family customs and traditions. 

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