Wednesday, 13 December 2017

Extension of deadline till 31.3.18 for submission of Aadhaar number, and Permanent Account Number or Form 60 by client to the reporting entity


Extension of deadline till 31.3.18 for submission of Aadhaar number, and Permanent Account Number or Form 60 by client to the reporting entity

After considering various representations received and inputs received from Banks, it has been decided to notify 31st March, 2018 or six months from the date of commencement of account based relationship by the client, whichever is later, as the date of submission of the Aadhaar number, and Permanent Account Number or Form 60 by the clients to the reporting entity. Necessary notification in this regard has been issued.

It may be recalled that earlier Under the provisions of Prevention of Money-laundering (Maintenance of Records) Second Amendment Rules, 2017, published in the Extraordinary Gazette of India vide G.S.R. 538 (E) dated 01.06.2017, it was provided that
i) In case the client, eligible to be enrolled for Aadhaar and obtain a Permanent Account Number does not submit the Aadhaar number or the Permanent Account Number at the time of commencement of an account based relationship with a reporting entity, the client shall submit the same within a period of six months from the date of the commencement of the account based relationship. Provided that the clients, eligible to be enrolled for Aadhaar and obtain the Permanent Account Number, already having an account based relationship with reporting entities prior to date of this notification, the client shall submit the Aadhaar number and Permanent Account Number by 31st December, 2017.

(ii) In case the client fails to submit the Aadhaar number and Permanent Account Number within the aforesaid six months period, the said account shall cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client. Provided that in case client already having an account based relationship with reporting entities prior to date of this notification fails to submit the Aadhaar number and Permanent Account Number by 31st December, 2017, the said account shall cease to be operational till the time the Aadhaar number and Permanent Account Number is submitted by the client.
PIB

Achievements and Initiatives of the Department of Sports during 2017


Achievements and Initiatives of the Department of Sports during 2017

The major achievements of Department of Sports (Ministry of Youth Affairs and Sports) During 2017 are given below:

1. Training Center for Para Athletes: Sports Minister laid the Foundation Stone at Gandhinagar, Gujarat for the first ever training center dedicated for Para Athletes on 5th February, 2017. The center is proposed at an estimated cost of over Rs. 50 crores. It will have the World Class facilities where Para athletes will be trained for various International Competitions including Asian Games, Common Wealth Games and Olympic Games. The center will have the following facilities for Para athletes:
(i) Indoor Hall (64m x 42m) fully AC
(ii) Elite Hostel (100 bedded) fully AC
(iii) VIP Accommodation for Foreign Guest (20 nos) AC.
(iv) Open land for warmup.
2. International Boxing Academy: A tripartite Memorandum of Understanding (MoU) involving International Boxing Association (AIBA), Boxing Federation of India (BFI) and Sports Authority of India (SAI) was signed on 1st March 2017 in New Delhi to set up boxing academy at Indira Gandhi Indoor Stadium, New Delhi and Rajiv Gandhi Sports Complex, Rohtak.

3. High level committee to resolve the grievances and complaints of women sports persons: The Ministry of Youth Affairs and Sports organized a conference on 'Women and Sports in India' in New Delhi on the occasion of International Women Day on 8th March, 2017 to deliberate upon various issues for encouraging more and more women to take up sports. A committee under the chairmanship of AS & FA with representatives from athletes, an advocate and a senior officer of MYAS and a sports journalist (all women) has been constituted for this purpose.

4. Successful conduct of 22nd Asian Athletic Championship, 2017: India conducted successfully 22nd Asian Athletic Championship, 2017from 06 – 09 July, 2017 at Bhubaneswar, Odisha. India topped in the medal tally by winning 29 medals (12 Gold, 5 Silver, 12 Bronze).

5. Grameen Marathon: Ministry organized the first Grameen Marathon on 6th August for the youth of rural area in Delhi (Nizampur village) with around 15,000 participants. It involved boys and girls from rural areas of Delhi and helped spread the message of sports and physical activity as way of life. Objective of such sporting events is also to provide a platform to talented youngsters from rural and tribal regions and to help them grow and provide us a chance to train them further so that they can represent India at world stage.

6. Rural Games: The first edition of Rural Games or Grameen Khel Mahotsavwas organized between 28th August to 3rd September, 2017 in Nizampur village in Delhi. The Rural Games aimed at popularising the indigenous games like wrestling, athletics etc. and also had fun games like Matka Race, Tug of War for senior citizens to add the fun element in the games to convey the message that every age category needs to take up and practice sports.

7. Launch of Sports Talent Search Portal: Sports Talent Search Portal was launched to spot the best talent from among the young population of the country, by the Vice President of India Shri M.Venkaiah Naidu at a function at the Indira Gandhi Stadium in New Delhi on 28th August, 2017 in the presence of the MoS(I/C) YAS, Arjuna awardees and thousands of school children. The portal will provide a transparent platform for talented youth to upload their achievements. Shortlisted applicants will undergo selection trials and those who pass the trials will be offered admission to SAI schemes.

8. India Australia Sports Partnership: During Australian Prime Minister's visit to India, Mr. Malcolm Turnbull, five Memorandum of Understanding (MoUs) between Government of India and Government of Australia were signed on 10th April, 2017 at New Delhi for developing the relation in the field of sports between both countries.
Further, India and Australia on 12thApril, 2017 launched sports partnership in Mumbai aimed at increasing cooperation in sports. The partnership will advance India-Australia cooperation in four areas- Athlete/Coach training and Development, Sports Science, Sports Governance & Integrity and Grass-root participation.

9. Empowered Steering Committee (ESC): The Ministry has approved the constitution of an Empowered Steering Committee (ESC) based on the recommendations of the Olympic Task Force, which was constituted in January 2017for preparation of a comprehensive action plan, including short-term and medium to long-term measures for effective participation of Indian sportspersons in the next three Olympic Games to be held in 2020 (Tokyo), 2024 (Paris) and 2028 (Los Angeles).

10. Financial assistance to Abhinav Bindra Foundation Trust: The Ministry has sanctioned Rs. 5 crore to AbhinavBindra Foundation Trust (ABFT) to set up a state-of-the-art high-performance facility for rehabilitation, fitness-training and sports science ("Facility") at the Centre at the Padukone-Dravid Centre for Sports Excellence, Bengaluru. The Facility will be named as the "Sports Authority of India (SAI)-AbhinavBindra Targeting Performance Centre".

11. Stipend of Rs 50,000 per month to the elite athletes: On the recommendation of the Olympic Task Force, theMinistry has on 15.9.2017 decided to give stipend of Rs 50,000 per month to all the athletes selected under Target Olympic Podium Scheme to meet pocket expenses during their preparation for participation in international sports events.

12. Revamped Khelo India Programme: The Union Cabinet has approved the revamped Khelo India programme at a cost of Rs.1,756 crore for the period 2017-18 to 2019-20. This marks a watershed moment in the history of Indian sports, as the Programme aims at mainstreaming sport as a tool for individual development, community development, economic development and national development. The revamped Khelo India Programme would impact the entire sports ecosystem, including infrastructure, community sports, talent identification, coaching for excellence, competition structure and sports economy.

13. National workshop on "Sports for All": A national workshop on "Sports for All" was organized on 26.9.2017 at New Delhi with the participation of about 80 representatives from State Governments, National Sports Federations, Indian Olympic Association, Department of Sports, Sports Authority of India, National Observers, etc. One of the key objectives of the workshop was to bring about convergence among all the stakeholders and create a shared vision in order to harness the multiple benefits that sports offer. Experts from Sport England made presentation on community sports and gender equality. The Head of Talented Athlete Scholarship Scheme (TASS) of the UK made a presentation on talent identification and development system. Presentations on community sports were made by Magic Bus and Isha Foundation (NGOs)

14. Successful conclusion of FIFA U-17 World Cup
The 17th edition of the FIFA Under -17 World Cup was successfully held from 6th to 28 October 2017. First time in history, India hosted such a big international football competition. The Venues of the competition were JLN Stadium- New Delhi, PJN Stadium, Fatorda- Goa, Jawaharlal Nehru Stadium- Kochi , Indira Gandhi Athletics Stadium- Guwahati, VivekanandYuva Bharti Krirangan, Salt Lake- Kolkata, DY Patil Stadium- Navi Mumbai. Twenty Four Teams from across the world participated in the tournament. The Final Match was played between England and Spain before a packed YubabharatiKrirangan Stadium, Salt Lake at Kolkata on 28th October, 2017 in which England were declared FIFA U-17 World Cup Champions.

15. Mission XI Million
Mission XI Million is a joint programme, of this Ministry, All India Football Federation (AIFF) and Federation International de Football Association (FIFA) to popularise football across the country. The programme targets to reach 11 Million boys and girls across the country for promotion of football by 30th September 2017. Government of India has allocated around Rs. 12.55 crores towards the said programme and an equal amount will be spent by AIFF/ FIFA. Around 11 Million children have already been covered under the said programme. The programe covered 11 Million students, parents, and coaches as part of Mission XI Million Programme played an important role to popularize football in the country.

16. National Sports University in Manipur:
The proposal for setting up of National Sports University in Manipur was formally announced by the Finance Minister in his Budget Speech (2014-15) on 10 July 2014. NITI Ayog has conveyed in- principle approval for the project. This new Central Sector Scheme would be implemented in five years. Tentative cost of the project will be more than Rs.500 crores. The training programe of the proposed Sports University would be organized under Four Schools: School of Sports Science and Sports Medicine, School of Sports Management and Technology, School of Sports Education and School of Interdisciplinary Studies. The Four Schools would have Thirteen Departments under them.
The Government of Manipur has provided the Ministry of Youth Affairs and Sports with land measuring 325.90 acres West Imphal District of Manipur, for the proposed University on 29.12.2016. Hindustan Steelworks Construction Limited (HSCL), the Project Management Consultant for setting up the proposed University.

To ensure that the proposed University conforms to the best international standards and practices, Memorandums of Understanding (MOUs) with the Universities of Canberra and Victoria have been signed by the Ministry of Youth Affairs and Sports in April 2017. Pending finalization of NSU Bill, National Sports University Society established under the Manipur Societies Registration Act, 1989, will function as the university till such time the bill is passed. BPES and B.Sc. (Sports Coaching) courses will start from the KhumanLampak Sports Complex which will be the Head Quarters of the National Sports University Society. The plan is to take initially 60 Students each for the two courses. It is proposed to appoint one Officer on Special Duty (OSD) and one Finance Officer for the same apart from 16 Faculty Members to run the courses.

17. Olympic Task Force (OTF)
An Olympic Task Force (OTF) was set up in January, 2017 to prepare a comprehensive Action Plan for effective preparation of Indian sportspersons in the next three Olympic Games 2020 Tokyo, 2024 & 2028. The Task Force was entrusted with the preparation of an overall strategy for sports facility, training selection procedure and other related matters. The OTF has submitted its report in August, 2017.

Members of the ESC will be Hony. Chairperson (Selection by the Government through search committee process); IOA representative (President, IOA as Member and Secretary General, IOA as an alternate Member); 03 eminent athlete representatives who have retired from active sports, preferably from 3 sports disciplines having strong medal prospects at Olympic level, to be selected by the Government from amongst National Observers; One elite coach from a High Priority sport to be selected by the Government from amongst the existing Chief Coaches or High Performance Director on rotational basis; 1 Sports Scientist and 1 Sports Medicine Director (selection by the Government through search committee process); One representative from Government and one from the Sports Authority of India; One High Performance Director (to be appointed by Government following search committee process); One Chief Executive Officer (to be appointed by Government following search committee process); The ESC can co-opt upto two experts at a time on need basis.

PIB

Status of Cadre Review proposals processed in DoPT from 1st January, 2011 to 30th November, 2017


Status of Cadre Review proposals processed in DoPT from 1st January, 2011 to 30th November, 2017

A. Approved by Cabinet - Total 25
B. Pending Proposals - Total 17

1. With Concerned Ministry- CRC meeting held and Cabinet approval pending (4)
2. With Cabinet Secretariat (8)
3. With Department of Personnel & Training (3)
4. With Department of Expenditure (0)
5. With Ministry concerned for clarifications (2)

A. Approved by Cabinet
S. No.Name of the ServiceCRC* MeetingCabinet Approval
1CPWD Central Engineering Service, Central Electrical & Mechanical Engineering Service and Central Architecture Service27/06/201103/01/2012
2Military Engineering Services (Indian Defence Service) of Engineers, Architect Cadre and Surveyor Cadre)22/09/2011 and 23/01/201218/04/2013
3Indian Revenue Service19/02/2013 and GoM** on 29/04/201323/05/2013
4Indian Radio Regulatory Service19/02/201303/07/2013
5Central Labour Service19/02/201317/07/2013
6Indian Customs & Central Excise27/08/201305/12/2013
7Indian Cost Accounts Service29/10/201302/01/2014
8Central Power Engineering Service11/12/201313/05/2014
9Indian Ordnance Factory Service19/03/201429/10/2014
10Indian Civil Accounts Service17/07/201316/01/2015
11Border Road Engineering Service26/02/201507/04/2015
12Defence Aeronautical Quality Assurance Service08/01/201506/05/2015
13Indian Trade Service06/05/201401/07/2015
14Indian Statistical Service24/06/201429/07/2015
15Indian Skill Development Service10/04/201507/10/2015
16Indian Postal Service28/12/201525/05/2016
17Central Reserve Police Force15/12/201529/06/2016
18Indian Information Service05/05/201624/08/2016
19Border Security Force29/06/201612/09/2016
20Indian P & T Accounts and Finance Service17/09/201527/10/2016
21Ministry of Micro, Small and Medium Enterprises(MSME)
Indian Enterprise Development Service (IEDS)
28/12/201521/12/2016
22Indian Telecom Service06/10/201621/12/2016
23Central Engineering Service (Roads)25/04/201606/03/2017
24Indian Naval Material Management Service24/10/201322/06/2017
25Indian Defence Accounts Service09/09/201619/07/2017
* CRC - Cadre Review Committee ** GoM - Group of Ministers
B. Pending Proposals
Sl. No.Name of the ServiceStatus
1. With Concerned Ministry- CRC meeting held and Cabinet approval pending (4)
1Indian Petroleum and Explosive Safety Service (IPESS)CRC meeting held on 09/01/2017. Approval of MoS (PP) and FM have been obtained. Ministry of Commerce & Industry, Deptt. of Industrial Policy & Promotion has to take the approval of Cabinet. MoC&I has moved the Cabinet Note. DoPT's comments thereon have been sent on 14.11.2017.
2Railway Protection ForceMoR has been requested on 05.07.2017 to place the earlier recommendations of CRC before the Cabinet.
3Central Industrial Security Force (CISF)Approvals of MoS (PP) & FM have been obtained as per the recommendations of CRC. MHA has moved Draft Note for Cabinet. Comments of DoPT thereon have been sent on 16.11.2017.
4Sashastra Seema Bal (SSB) (Group 'A' Combatised)CRC meeting held on 19.7.2017. Approval of MoS (PP) & FM have been obtained. MHA has to take the approval of the Cabinet. MHA has moved the Cabinet Note. Comments of DoPT thereon have been sent on 08.11.2017.
2. With Cabinet Secretariat (8)
5Indian Railways Personnel ServiceNote for CRC has been sent to Cabinet Secretariat on 04.07.2017.
6Indian Railways Traffic Service-do-
7Indian Railways Stores Service-do-
8Indian Railways Accounts Service-do-
9Indian Railways Service of Mechanical Engineers- do-
10Indian Railways Service of Electrical Engineers- do-
11Indian Railways Service of Engineers-do-
12Indian Railways Service of Signal Engineers-do-
3. With Department of Personnel & Training (3)
13Indian Naval Armament Service (INAS)Certain clarifications were sought from MoD. The same have been received. The proposal is under consideration.
14Indian P&T Building WorksClarifications on certain points were sought from DoT. The same have been received. The proposal is under consideration.
15Indian Defence Estate Service (IDES)MoD has been requested for certain clarifications. The same have been received. The proposal is under consideration.
4. With Department of Expenditure (0)
5. With Ministry concerned for clarifications (2)
16Indian Economic ServiceDEA has been requested for certain clarifications vide this Division's OM dated 10.07.2017. The same are awaited.
17Indian Ordnance Factories Health Services (IOFHS)The Proposal was returned to MoD with a request to resubmit as per the Cadre Review Guidelines. Revised proposal has been received. DoDP has been asked to provide additional information for examining the proposal.

Sd/-
(MANOJ GUPTA)
Under Secretary
Deptt. of Personnel Trg.
Govt. of India

Exemption of Railways from New Pension Scheme (NPS): NFIR

Exemption of Railways from New Pension Scheme (NPS): NFIR

No. IV/NPS/PFRDA BILL / Part I
Dated : 11/12/2017
Shri Piyush Goyal,
Hon'ble Minister of Railways,
Rail Bhavan,
New Delhi

Respected Sir,
Sub : Exemption of Railways from New Pension Scheme (NPS) - reg.

Ref (i) Hon'ble MR's D.O. No. 2012/F(E)III/1/4-Pt dated 29th March 2014 to Hon'ble Finance Minister, Government of India.

(ii) Hon'ble MR's D.O. No. 2012/F(E)III/1/1/4-Pt dated 20th Nov 2015 to the Hon'ble Finance Minister Shri Arun Jaitely.

(iii) NFIR's letter No. IV/NPS/PFRDA BILL Part I dated 13th Feb.2017 & 26th Oct. 2017.
While enclosing copy of NFIR's letter sent to you vide dated 26th Oct, 2017, I request you to kindly make special efforts at the level of the Government as well by reaching Hon’ble Prime Minister for the purpose of exempting Railways from the National Pension System (NPS). I also desire to bring to your kind notice that your predecessors Shri Mallikarjun Kharge and Shri Suresh Prabhu have already sent proposals to the Government of India (Ministry of Finance) highlighting the uniqueness of Railways working and the necessity to exempt Railways from the NPS.

I trust that you would do the needful for obtaining favourable decision which would motivate all sections of Railway employees to work with grater determination and commitment for providing efficient services.
With regards,
Yours sincerely,
S/d,
(Dr.M.Raghavaiah)
General Secretary

No.IV/NPS/PFRDA BILL/Part 1
Dated : 26 Oct,2017
Shri Piyush Goyal,
Ho'ble Minister of Railways,
Rail Bhavan,
New Delhi

Respected Sir,
Sub: Exemption of Railways from New Pension Scheme (NPS) - reg.

Ref:  (i)    Hon'ble MR's D.O. No. 2012/F(E)111/1/4-Pt dated 29th March 2014 to Hon'ble Finance
Minister, Government of India.

(ii) Hon'ble MR's D.O. No. 2012/F(E)111/1/1/4-Pt dated 20th Nov 2015 to the Hon’ble Finance Minister Shri Arun Jaitely.

(iii) NFIR's letter No. IV/NPSIPFRDA BILL/Part I dated 13th Feb, 2017.

Federation invites kind attention of the Hon'ble AIR relating to exemption of Railways from New Pension Scheme (NPS), which was agreed upon by the Railway Ministry, consequently the Railway Minister Shri Suresh Prabhu bad sent proposal to the Hon'ble Finance Minister vide letter No. 2012/F(E)III/1/1/4-Pt dated 20th November, 2015, seeking Government's approval to exempt Railways from New Pension Scheme (NPS) now called "National Pension System". Shri Mallikarjun Kharge then Railway Minister had also urged upon the Government to exempt Railways from New Pension Scheme (letter No. 2012/F(E)III/1/4-Pt dated 29th March 2014).

In this connection, NFIR desires to reiterate that Pension is very sensitive issue so far as Railways is concerned, due to the reason that the Railway employees have been working at remote places, stations located in jungle areas and have been facing all odds foregoing basic necessities of life, similar to the Defence Forces Personnel, safeguarding the Nation's Borders, and are involved fully in ensuring uninterrupted flow of Railway Traffic. The Railway employees in their day-to-day working face war like situations to ensure that movement of trains is not adversely affected under any circumstances and in the process they get killed on duty as confirmed by the High Level Safety Review Committee (BLSRC) headed by Shri Anil Kakodkar (Chapter 11-2.3).

NFIR, therefore urges upon you to kindly reach the Hon'ble Prime Minister and apprise the Railways unique nature of working as already highlighted by previous Railway Ministers and impress the need for granting exemption of Railways from the New Pension Scheme to enable those Railway employees appointed from January, 2004 get covered by the Liberalized Pension Scheme for receiving guaranteed Pension. Federation strongly believes that your kind intervention and Ell&WS-fivi: with the Hon'ble Prime Minister would result positive decision for exempting Railways from New Pension Scheme soon.
With regards,
Yours sincerely,/
S/d,
(Dr. M. Raghavaiah)
General Secretary
Source : NFIR

Admissibility of House Rent Allowance during Study Leave

Railway : Admissibility of House Rent Allowance during Study Leave

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)
No. E(P&A)II-2017/HRA-4
New Delhi, dated 05.12.2017.
The General Manager (P),
Eastern Railway,
Kolkata

Sub : Admissibility of House Rent Allowance during Study Leave.
Ref: Eastern Railway's letter No.E.77/o/Vol.VIII, dated 06.03.2017.

With reference to Eastern Railway's letter under reference, it is stated that the matter has been considered in Board's office and it has been observed that on the identical issue a clarification already stands issued to Southern Railway vide Board's letter No. E(P&A)II-2002/HRA-2 dt. 19.02.2002 (copy enclosed) clarifying that the period of 120 days mentioned in Board's letter no. E(P&A)II-82/HRA-2 dated 04.02.1982 had been revised to 180 days in terms of the amendment carried out to Rule 1707 of IREC-II vide Board's letter no. E(P&A)II/89/HRA-48 dt. 07.08.1992. It was further stated in the letter dt. 19.02.2002 that the employees proceeding on study leave are entitled to House Rent Allowance and Compensatory (City) Allowance for first 180 days of the study leave and continuation of these allowances beyond 180 days is subject to the production of certificates prescribed in Para 1707 (iii) of Indian Railway Establishment Code, Volume-II, 1987 Edition. It may however, be noted that CCA has already been abolished vide Board's letter no. E(P&A)II-2008/HRA-10 dt. 12.09.2008 (RBE No.110/2008).

2. Thus, necessary action on the above lines may be ensured.

DA: As above.
S/d,
(Salim Md. Ahmed)
Deputy Director / E(P&A)II,
Railway Board

Tuesday, 12 December 2017

NFIR: Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances


NFIR: Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances

No.I/8/Part II
Dated:11-12-2017

The Secretary (E)
Railway Board
New Delhi

Dear Sir,

Sub: Revision of Over Time Allowance to Railway employees consequent upon revision of pay scales and allowances - reg.

Ref: (i) Railway Board's letter No.PC-V/2008/A/O/3 (OTA) dated 17-02- 2010

(ii) Railway Board's Letter No.PC-V/2008/A/O/3 (OTA) dated 20-05-2011

(iii) NFIR's letter No.IV/NFIR/7 CPC (Imp)/2016/Allowance/Part I dated 27-09-2017

(iv) Railway Board's letter No.Pc-V/2017/A/OTA/1 dated 28-11-2017

Pursuant to acceptance of 7th CPC recommendation by the Government for revision of Over Time Allowance rates. NFIR vide its letter dated 27-09-2017 requested the Railway Board to issue instructions for revising the rates of Over Time Allowance for Railway Employees. In the said communication, the Federation had highlighted that Railways being operational system wherein the staff are duty bound to work beyond rostered/statutory limits when ordered in exigency of service, as their duty hours are governed by statutory acts and they are eligible for Over Time Allowance as part of wages.

In the Federation’s communication dated 27-09-2017, Railway Board’s attention was also invited to Board’s decision vide No.PC-V/2008/A/O/3 (OTA) dated 20-05- 2011 for granting payment of Over Time Allowance to the Railway Employees at the revised rates w.e.f 01-01-2006 (as a result of agreement with the Federations on DC/JCM Item No.24/2010).

Federation is surprised to note that in Board’s instructions vide RBE No.175/2017 dated 28-11-2017, the revision of Over Time Allowance rates has been given effect from 01-07- 2017 instead from 01-01-2016 ignoring the following:-

The Over Time Allowance is part of wages, which needs to be revised w.e.f 01-01-2016 in terms of statutory provisions.

The Board's decision dated 28- 11-2017 is breach of agreement with the Federations

The Railway Board has unfortunately failed to take into account the fact mentioned in NFIR's letter dated 27-09-2017.

NFIR, therefore urges upon the Railway Board to review the case for giving effect to the payment of Over Time Allowance at revised rates w.e.f 01-01-2016 to Railway Employees and issue instructions accordingly to GMs.
Yours faithfully,

Sd/-
(Dr.M.Raghavaiah)
General Secretary


Source : NFIR

Important Supreme court Judgement - MACP should be given effect from 01.01.2016


Important Supreme court Judgement - MACP should be given effect from 01.01.2016

REPORTABLE

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL DIARY NO.3744 OF 2016


Union of India and Ors. - Appellant(s)
Vs.
Balbir Singh Turn & Anr. - Respondent(s)

Deepak Gupta, J.

1. Applications for condonation of delay in filing and refiling the appeals are allowed.

2. This bunch of appeals is being disposed of by a common judgment since similar questions of law are involved.

3. The 6th Central Pay Commission was set up by the Government of India to make recommendations in matters relating to emoluments, allowances and conditions of service amongst other things. The Pay Commission also made recommendation with regard to armed forces personnel. On 30th August,2008, the Central Government resolved by a resolution of that date to accept the recommendation of the 6th Central Pay Commission (CPC for short) with regard to the personnel Below officer Rank (PBOR) subject to certain modifications clause (i) of the Resolution reads as follows:

"(i) Implementation of the revised pay structure of pay bands and grade pay, as well as pension, with effect from 01.01.2006 and revised rates of allowances (except Dearness Allowance/Relief) with effect from 01.09.2008".

clause 9 of the Resolution reads as follows:-

"(ix) Grant of 3 ACP up-gradation after 8,16 and 24 years of service of PBORs;"

4. Under the recommendations made by the 5th CPC there was a provision for Assured Career Progression (ACP). Vide this scheme, if an employee was not promoted he was entitled to get the next higher scale of pay after completion of 12/24 years of service. The 6th CPC recommended the grant of benefit of ACP after 10 and 20 years of service. The Union of India, however decided to grant 3 ACP upgradations, after 8, 16 and 24 years of service to PBORs, as per Clause (ix) extracted above. However, it would be pertinent to mention that the 6th CPC did away with the concept of pay scales and reduced the large number of pay scales into 4 pay bands and within the pay bands there was a separate grade pay attached to a post.

5. For the purpose of this judgment we are dealing with the facts of civil appeal diary No.3744 of 2016. It would be pertinent to mention that all the petitioners before the Armed Forces Tribunal (AFT for short) who are respondents before us are persons below officer rank. The respondents in this case retired after 01.01.2006 but prior to 31.08.2008. They claim that the benefit of the Modified Assured Career progression (MACP for short) was denied to them on the ground that the MACP was made applicable only with effect from 01.09.2008. The respondents approached the AFT praying that they are entitled to the benefit of MACP w.e.f 01.01.2006, i.e., the date from which the recommendation of the 6th CPC with regard to pay and benefits were made applicable. The stand of the Union of India was that the MACP was applicable only w.e.f. 01.09.2008 and, therefore, the respondents who had retired prior to the said date were not entitled to the benefit of the MACP. The AFT vide the impugned order dated 21.05.2014 held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and, therefore, in terms of Clause (i) of the Government Resolution the MACP was payable w.e.f. 01.01.2006.

6. The question that arises for decision is whether the benefit of MACP is applicable from 01.01.2006 or from 01.09.2008.

7. The answer to this question will lie in the interpretation given to the Government Resolution, relevant portion of which has been quoted here in above. A bare perusal of Clause(i) of the Resolution clearly indicates that the Central Government decided to implement the revised pay structure of pay bands and grade pay, as well as pension with effect from 01.01.2006. The second part of the Clause lays down that all allowances except the Dearness Allowance/relief will be effective from 01.09.2008. The AFT held, and in our opinion rightly so, that the benefit of MACP is part of the pay structure and will affect the grade pay of the employees and, therefore, it cannot be said that it is a part of allowances. The benefit of MACP if given to the respondents would affect their pension also.

8. We may also point out that along with this Resolution there is Annexure- I. Part-A of Annexure-I deals with the pay structure, grade pay, pay bands etc., and Item 10 reads as follows :

10 Assured Career Progression Scheme for PBORs. The Commission recommends that the time bound promotion scheme in case of PBORs shall allow two financial upgradations on completion of 10 and 20 years of service as at present. The financial upgradations under the scheme shall allow benefit of pay fixation equal to one increment along with the higher grade pay. As regards the other suggestions relating to residency period for promotion of PBORs Ministry of Defence may set up an Inter- Services Committee to consider the matter after the revised scheme of running bands is implemented (Para 2.3.34) Three ACP upgradation after 8, 16 and 24 years of service has been approved. The upgradation will take place only in the hierarchy of Grade Pays, which need not necessarily be the hierarchy in that particular cadre.

Part-B of Annexure-I deals with allowances, concessions & benefits and Conditions of Service of Defence Forces Personnel. It is apparent that the Government itself by placing MACP in Part-A of Annexure-I was considering it to be the part of the pay structure.

9.The MACP Scheme was initially notified vide Special Army Instructions dated 11.10.2008. The Scheme was called the Modified Assured Career Progression Scheme for Personnel Below Officer Rank in the Indian Army. After the Resolution was passed by the Central Government on 30.08.2008 Special Army Instructions were issued on 11.10.2008 dealing with revision of pay structure. As far as ACP is concerned Para 15 of the said letter reads as follows:

"15. Assured Career Progression. In pursuance with the Government Resolution of Assured Career Progression (ACP), a directly recruited PBOR as a Sepoy, Havildar or JCO will be entitled to minimum three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under ACP, the PBOR would get an additional increment and next higher grade pay in hierarchy.


Thereafter, another letter was issued by the Adjutant General Branch on 03.08.2009. Relevant portion of which reads as follows:-

“…….The new ACP (3 ACP at 8, 16 and 24 years of service) should be applicable w.e.f. 1 Jan 2006, and the old provns (operative w.e.f. the Vth Pay Commission) would be applicable till 31 Dec. 05. Regular service for the purpose of ACP shall commence from the date of joining of a post in direct entry grade.


Finally, on 30.05.2011 another letter was issued by the Ministry of Defence, relevant portion of which reads as follows:-

“5. The Scheme would be operational w.e.f. 1st Sep. 2008. In other words, financial up-gradations as per the provisions of the, earlier ACP scheme (of August 2003) would be granted till 31.08.2008.”

Therefore, even as per the understanding of the Army and other authorities up till the issuance of the letter dated 30.05.2011 the benefit of MACP was available from 01.01.2006.

10. As already held by us above, there can be no dispute that grant of ACP is part of the pay structure. It affects the pay of the employee and he gets a higher grade pay even though it may be in the same pay band. It has been strenuously urged by Col. R. Balasubramanian, learned counsel for the UOI that the Government took the decision to make the Scheme applicable from 01.09.2008 because many employees would have lost out in case the MACP was made applicable from 01.01.2006 and they would have had to refund the excess amount, if any, paid to them. His argument is that under the old Scheme if somebody got the benefit of the ACP he was put in the higher scale of pay. After merger of pay scales into pay bands an employee is only entitled to higher grade pay which may be lower than the next pay band. Therefore, there may be many employees who may suffer.

11. We are only concerned with the interpretation of the Resolution of the Government which clearly states that the recommendations of 6th CPC as modified and accepted by the Central Government in so far as they relate to pay structure, pay scales, grade pay etc. will apply from 01.01.2006. There may be some gainers and some losers but the intention of the Government was clear that this Scheme which is part of the pay structure would apply from 01.01.2006. We may also point out that the Resolution dated 30.08.2008 whereby the recommendation of the Pay Commission has been accepted with modifications and recommendations with regard to pay structure, pay scales, grade pay etc. have been made applicable from 01.01.2006. This is a decision of the Cabinet.

This decision could not have been modified by issuing executive instruction. The letter dated 30.05.2011 flies in the face of the Cabinet decision reflected in the Resolution dated 30.08.2008. Thus, administrative instruction dated 30.05.2011 is totally ultra vires the Resolution of the Government.

12. Col. R. Balasubramanian, learned counsel for the UOI relied upon the following three judgments viz. P.K. Gopinathan Nair & Ors. v. Union of India and Ors. 1 , passed by the High Court of Kerala on 22.03.2017, Delhi Urban Shelter Improvement Board v. Shashi Malik & Ors.2, passed by the High Court of Delhi on 01.09.2016, K.K. Anandan & Ors. v. The Principal Accountant General Kerala (Audit) & Ors3 passed by the Central Administrative Tribunal, Ernakulam Bench, Kerala on 08.02.2013. In our view, none of these judgments is applicable because the issue whether the MACP is part of the pay structure or allowances were not considered in any of these cases.

13. In this view of the matter we find no merit in the appeals, which are accordingly disposed of. All pending applications are also disposed of.


…………………………..J.
(Madan B. Lokur)

……………………………J.
(Deepak Gupta)

New Delhi
December 08, 2017

Monday, 11 December 2017

7th CPC Military Brochure - Modified Assured Career Progression (MACP)


7th CPC Military Brochure - Modified Assured Career Progression (MACP)

MACP.

A direct recruited Sep, Hav or JCO will be entitled to min three financial upgradations after 8, 16 and 24 years of service. At the time of each financial upgradation under MACP, the JCO/OR would get an addl increment and next higher Pay in the hierarchy. The following MACP would be entitled to JCOs/OR recruited under direct entry:

(a) Sep.

(i) Entitled to first financial upgradation of pay of the rank of Naik on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Hav on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Nb Sub on completion of 24 yrs of service.

(b) Direct Entry Hav.

(i) A direct entry Hav would be entitled to first financial upgradation of pay of the rank of Nb Sub on completion of 8 yrs of service.

(ii) Second financial upgradation of pay of the rank of Sub on completion of 16 yrs of service.

(iii) Third financial upgradation of pay of the rank of Sub Maj on completion of 24 yrs service.

(c) A Direct Entry JCO will be entitled to first financial upgrdation in Level 7 to the rank of Subedar on completion of 8 years of service, second financial upgradation in Level 8 to the rank of Subedar Major on completion of 16 years of service and third financial upgradaion in Level 9 on completion of 24 years of service. This is subject to the condition that the third financial upgradation does not take them beyond the age of superannuation for JCOs in terms of maximum period of service allowed and age of retirement / release.

Illustration


(a) If a Sep in Level 3 gets his first regular promotion to the rank of Nk in Level 4 on completion of 5 years of service and then continues in the same Level for further 8 years without any promotion then he would be eligible for second upgradation under the MACP Scheme in the Level 5 after completion of 13 years (5+8 years).

(b) In case he does not get any promotion thereafter, then he would get third upgradation under the MACPs in Level 6 on completion of further 8 years of service i.e after 21 years (5+8+8).

Auth : Adm Instrs for grant of MACP issued by PS-2(c) vide their letter No B/33513/ACP/AG/PS-2(c) dated 13 Jun 2011 and MoD ID No 1(13)/2011-D(Pay/ Services) dated 30 Jun 2014.

DOPT trying best to clear backlog of promotions: Dr Jitendra Singh


DOPT trying best to clear backlog of promotions: Dr Jitendra Singh

The Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh said that the Department of Personnel & Training (DoPT) is trying its best to clear the backlog of promotions which had accumulated for several years. He said, while the Government led by the Prime Minister Shri Narendra Modi follows a policy of zero tolerance towards corrupt and non-performing officers, at the same time it is also supportive towards performing officers of integrity.

Dr Jitendra Singh was responding to a delegation of Central Secretariat employees who called on him here today and sought his intervention for timely promotion of lower grade staff members. They also submitted a memorandum on behalf the Central Secretariat MTS Association, wherein it was submitted that many of the lowermost working professionals in the Government of India get deprived of even single promotion during their entire service tenure.

Dr Jitendra Singh said, in order to bring in the ease of governance as well as objectivity in empanelments, the government has, in the last three years, improvised upon the procedures so as to ensure that there are no subjective preferences involved in carrying out the promotions. The procedures have been made more hi-tech using sophisticated technology tools to minimize the human interface, he added.

He said that in the past, every government took credit for bringing in a new legislation or rule while this government has done away with nearly 1500 rules which were either obsolete or had become irrelevant with the passage of time. All this is meant not only to ensure effective and timely delivery of outcomes for the public, but also to enable the employees to perform to the best of their ability, he added.

Dr Jitendra Singh said, he himself personally feels disturbed to come across cases where some of the employees working in the lowest rung of administration spend their entire service tenure of 30 to 35 years without securing a single promotion. He said, he has discussed the issue with all the senior officers in the Ministry and several innovative means are being evolved to avoid stagnation at middle and lower rungs of administration.

Dr Jitendra Singh also regretted that in a large number of cases, stagnation in promotions was the result of litigation amongst the employees themselves and even though the DoPT tries its best to put forward its view in the court of law, the delay becomes inevitable.

PIB

7th CPC: Classification of Posts under the CCS (CCA) Rules, 1965 - DoPT OM dated 8.12.2017

7th CPC: Classification of Posts under the CCS (CCA) Rules, 1965 - DoPT OM dated 8.12.2017

F. No. 11012/ IO/2016-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training
Establishment A-III Desk
North Block, New Delhi - 110001
Dated: 8th December, 2017
OFFICE MEMORANDUM

Subject: Classification of Posts under the CCS (CCA) Rules, 1965.

The undersigned is directed to refer to this Department.s Order No. 8.0. 3578 (E) dated 9.11.2017 regarding classification of civil posts under CCS (CCA) Rules, 1965. As per this order, all civil posts except person serving in the Indian Audit and Accounts Department under the Union are classified as follows:


S.No.

Description of Posts

Classification of posts
(1)(2)(3)
1A Central Civil Post carrying the pay in the Pay Matrix at the Level from 10 to 18Group A
2A Central Civil Post carrying the pay in the Pay Matrix at the Level from 6 to 9Group B
3A Central Civil Post carrying the pay in the Pay Matrix at the Level from 1 to 5Group C

2. In some Ministries/ Departments, posts may exist which are not classified as per the norms laid down by this Department. If, for any specific reason, a Ministry/ Department proposes to classify the posts differently, it would be necessary for that Department to send a specific proposal to Department of Personnel and Training giving full justification in support of the proposal within three months of this O.M. so that the exception to the norms of classification laid down in 8.0. 3578 (E) dated 9.11.2017 (copy enclosed) can be notified.

3. Hindi version will follow.
(Nitin Gupta)
Under Secretary to the Government of India
Tel: 23040264
Source: DoPT

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