Circulars - 2006
December, 2007
INSURANCE COVERAGE OF EQUIPMENT
Adequate insurance coverage has to be provided for costly equipments that are planned to be taken outside. Besides transit, the insurance should also cover other risks such as theft or pilferage at the project site, storage, breakdown, accidental damage and other risks as per the specific needs of the Labs./Instts. While finalizing the insurance policy, care should be taken to ensure that necessary paper work required by the Insurance company at the time of lodging a claim be defined clearly and brought to the notice of all concerned Officials so that Insurance claims can be lodged promptly to minimize the loss. The expenditure on account of insurance charges shall be debited to concerned project.
[CSIR Lr. No.14-5(1)/2001-SV dt. 23-8-2001]
Adequate insurance coverage has to be provided for costly equipments that are planned to be taken outside. Besides transit, the insurance should also cover other risks such as theft or pilferage at the project site, storage, breakdown, accidental damage and other risks as per the specific needs of the Labs./Instts. While finalizing the insurance policy, care should be taken to ensure that necessary paper work required by the Insurance company at the time of lodging a claim be defined clearly and brought to the notice of all concerned Officials so that Insurance claims can be lodged promptly to minimize the loss. The expenditure on account of insurance charges shall be debited to concerned project.
[CSIR Lr. No.14-5(1)/2001-SV dt. 23-8-2001]
MEDICAL FACILITIES TO CSIR PENSIONERS
CSIR pensioners who have retired after 7-7-2005 were permitted to pay medical contribution either on yearly (up to 10 years) or one-time lump sum basis (equivalent to 10 times the Annual Contribution) to avail medical facilities from CGHS/CSIR Dispensaries
The option of making yearly contribution would be subject to the condition that in case the pensioner fails to deposit yearly contribution on time, and as a result validity of their CGHS Card/Medical Card expires, then expenditure incurred on treatment during the period from expiry of the CGHS/Medical Card till the date of renewal will not be reimbursed to them. No request for relaxation in this regard will be entertained.
If Pensioners who have retired after 7-7-2005 and have also registered themselves after making payment of one time lump sum contribution opt for making payment of contribution on annual basis, and make a request for refund of excess amount of contribution paid by them, the same may be refunded by the concerned Labs./Instts. without any interest on such refunded amount.
[CSIR Lr.No.35-05(01)/04-PW&PG dt. 2-1-2007]
NEGOTIATION WITH LOWEST TENDERER (L-1)
CSIR pensioners who have retired after 7-7-2005 were permitted to pay medical contribution either on yearly (up to 10 years) or one-time lump sum basis (equivalent to 10 times the Annual Contribution) to avail medical facilities from CGHS/CSIR Dispensaries
The option of making yearly contribution would be subject to the condition that in case the pensioner fails to deposit yearly contribution on time, and as a result validity of their CGHS Card/Medical Card expires, then expenditure incurred on treatment during the period from expiry of the CGHS/Medical Card till the date of renewal will not be reimbursed to them. No request for relaxation in this regard will be entertained.
If Pensioners who have retired after 7-7-2005 and have also registered themselves after making payment of one time lump sum contribution opt for making payment of contribution on annual basis, and make a request for refund of excess amount of contribution paid by them, the same may be refunded by the concerned Labs./Instts. without any interest on such refunded amount.
[CSIR Lr.No.35-05(01)/04-PW&PG dt. 2-1-2007]
NEGOTIATION WITH LOWEST TENDERER (L-1)
The CVC has received a number of references on tendering process and negotiation with L-1 for clarification on issues pertaining to specific situations. Commission’s guidelines are quite clear and it is for the organizations to take appropriate decision. In case, they want to take action in deviation or modification of the guidelines to suit their requirements, it is for them to do so by recording the reasons and obtaining the approval of the competent authority for the same. However, in no case, should there be any compromise in transparency, equity or fair treatment to all the participants in a tender.
[CSIR Lr. No. 15-6(83)/98-O&M-III dt. 5-1-2007; CVC Circular No.37/1-/06 dt. 25-10-2005 & 3-10-2006]
ADDITIONAL CHARGE TO SECRETARY, DOBT, AS DG, CSIR
The Appointments Committee of the Cabinet, GOI, DOPT vide Order No.22/1/2007-EO(SM-I) dated 4-1-2007 has communicated the approval of the competent authority to the assignment of additional charge of the post of Secretary, Department of Scientific & Industrial Research (Ministry of Science & Technology and Director-General, Council of Scientific & Industrial Research) to Dr. M.K. Bhan, Secretary, Department of Biotechnology, New Delhi for a period of three months with immediate effect or until further orders whichever is earlier.
[CSIR O.M.No.6-8(2347)/2006-E.III dt. 5-1-2007]
UPGRADATION OF PAY SCALE OF ASSISTANTS (GEN/F&A/S&P) GR.I
CSIR have informed that the matter on upgradation of pay scale of Assistants (General/Finance & Accounts/Stores & Purchase) Gr. I and Sr. Stenographers from Rs.5500-175-9000 to Rs.6500-200-10500 w.e.f. 15-9-2006 is under consideration. It will be notified, whenever a decision is taken.
[CSIR Lr.No.3-33(1)/2006-E.I dt. 5-1-2007]
PROGRESSIVE EXPENDITURE STATEMENTS OF LABS./INSTS.
The Financial Adviser, CSIR has expressed serious concern over the inability of various Labs./Instts. to utilize the Govt. grant proportionality up to the month of September. He was alarmed that at the close of each financial year, the Labs. seek carry forward of the unspent grant till September of the succeeding year. Despite seeking carry over, the Labs. fail to utilize the grant within the permissible period of another six months.
CSIR HQs. has been emphasizing the need of booking the expenditure uniformly in all quarters of the financial year as CSIR gets funds from the Govt. with great difficulty.
All the Directors of Labs./Instts. were requested to monitor the progress of expenditure personally every month and ensure timely utilization of the allocation and no unspent balance is left over at the close of the financial year. He has also requested to send the monthly account and the Statement of Expenditure on or before 5th of every succeeding month.
[CSIR (FA) Lr. No.31-2(1)/2006-07/Bud dt. 5-1-2007]
SENIORITY LISTS OF COMMON CADRE OFFICERS
All India Tentative Seniority Lists in respect of Common Cadre Officers have been circulated to all the Labs./Instts. seeking representations for additions/corrections, if any.
[CSIR Lr. No.3-33(125)/2006-E.I dated 8-1-2007]
IMPROVING VIGILANCE ADMINISTRATION
In order to achieve the desired transparency and curb the malpractices in the processing and issue of licences, permissions, recognitions, various types of clearances, etc., the Central Vigilance Commission (CVC) issued the following instructions for compliance:
i) All Govt. organizations discharging regulatory/endorsement functions or service delivery of any kind which cause interface with the general public shall provide complete information on their websites regarding rules and procedures governing the issue of licences, permissions, etc. by preparing an exhaustive list of such applications/matters and submit a copy of the same to the Commission for record and web-monitoring.
ii) All application forms/proformae should be made available on the websites in a downloadable form. If the organization concerned wishes to charge for the application forms, the same may be done at the time of submission of the application forms.
iii) All documents to be enclosed or information to be provided by the applicant should be clearly explained on the websites and should also form part of the application forms.
iv) As far as possible, arrangements should be put in place so that immediately after the receipt of the application, the applicant is informed about the deficiencies, if any, in the documents/information submitted.
v) The status of individual applications/matters should be made available on the website of the organization and should be updated from time to time so that the applicants remain duly informed about the status of their applications.
vi) Repeated queries in a piecemeal manner by the organizations should be viewed as a misconduct, having vigilance angle.
vii) All organizations concerned should give adequate publicity about these facilities in the newspapers and such advertisements must give the website addresses.
All organizations should examine the feasibility of online receipt of applications and a time-frame for introducing the facility should be worked out. As a large number of Govt. organizations are opting for e-governance, they may consider integrating the above mentioned measures into their business processes so that duplication is avoided.
[CSIR Lr.No.IT/Vig./2006 dt. 8-1-2007; DSIR O.M.No.C-25011/01/Vig. dt. 11-12-2006; CVC Circular No.40/11/06 dt. 22-11-2006]
ECONOMY IN EXPENDITURE ON ADVERTISEMENTS AND PUBLICITY
The Department of Expenditure, Ministry of Finance advised that the Ministries/Departments should plan their advertisements and publicity campaigns with a view to provide effective coverage and communication of public interest issues with utmost economy, so as to maximize the effectiveness of expenditure. The use of a particular medium of communication may be carefully planned with a view to optimally utilizing advertising space or time for dissemination of information on Govt. programmes.
The Ministries/Departments may generally endeavour to limit the expenditure under the object head “advertising and publicity” to the average of such spending in any 3 out of previous 5 years plus a 5% increase. This practice should be followed from the year 2007-08 onwards.
[GOI MOF DOE O.M.No.7(3)/E-Coord./2006 dt. 7-12-2006; CSIR Lr. No.30-1(36)/2006-Finance dt. 9-1-2007]
CHECKING DELAY IN GRANT OF SANCTION FOR PROSECUTION
Para 2 (iv) of O.M. No.399/33/2006-AVD-III dated 6-11-2006 regarding grant of sanction for prosecution has been modified to read as under:
“2. (iv) If the CVC, on reconsideration advises for grant of sanction, the concerned Ministry/Department will issue the requisite orders immediately. However, if the concerned Ministry/Department proposes not to accept the reconsidered advice of the CVC, the case will be referred to the DOPT for a final decision as per DOPT O.M. No.134/2/85-AVD-I dated 17-10-1986. The DOPT shall decide the case within three weeks and convey its decision to the concerned Ministry/Department.
[GOI MPPG&P DOPT O.M. No.399/33/2006-AVD-III dt. 20-12-2006; CSIR Lr. No.15-6 (82)/98-O&M-II dt. 10-1-2007]
EXTENSION OF DATE FOR REVISION OF PENSION OF PRE- AND POST-1986 PENSIONERS/FAMILY PENSIONERS
It has been decided to extend the date of submission of application for revision of pension/family pension up to 31-12-2007 which shall be the last opportunity.
[GOI MPPG&P DOPT O.M. No. 45/86/97-P&PW(A)-Part-III dt. 21-12-2006; CSIR Lr. No.34-1(11)/CSIR/Pen/2006-07 dt. 10-1-2007]
CONTEMPT OF COURT CASES
The following guidelines/instructions are to be strictly followed while dealing with Court cases:
1. It is noticed/observed that the main reason for contempt applications filed against CSIR authority is that generally a very short period of time is given by the Courts/CAT for implementation of its order. Therefore, it is necessary that in those cases where time at our disposal is very less, say for example one month or even less, application may be filed immediately in the concerned Court seeking extension of time. In other cases, this should be done immediately after taking prior approval of CSIR.
2. The appeal, if any, should be filed at the earliest without wasting any time.
3. Regular contact must be maintained with the Counsel in all such cases and if contact is not possible on the phone, then a person conversant with the case from the Lab./Instt. or CSIR HQs. as the case may be, shall be deputed to meet him proceed to wherever the Council is.
4. All the relevant papers where final orders have been passed by the Courts/CAT may immediately and invariably be sent to CSIR for information/approval of the competent authority. Even in those cases where it is proposed to implement orders, relevant papers should be sent to the Legal Adviser, CSIR immediately.
5. Once contempt proceedings have been initiated, COA/AO/SO concerned should invariably attend each and every hearing along with the concerned Counsel. It will not be enough for Counsel alone to attend the hearing.
6. In every case where an order has been passed, the date by which order is to be implemented and should very promptly be written on the cover page of the relevant file, Register, etc. meant for this purpose
7. In all those cases where contempt notice has been issued for failure to implement orders, the reasons from the concerned SO/AO/COA shall invariably be called for as to why and how the delay in implementing the orders of the Court/CAT has occurred. The reasons along with comments of Director may be sent to CSIR for further necessary action.
[CSIR Lr.No.Advice-2/80-Law-Vol.II dt. 16-1-2007]
OVERSTAY WHILE ON DEPUTATION TO OTHER DEPARTMENTS
It has been observed that there have been a number of cases of overstay without the approval of the competent authority. It is necessary to ensure that there is no laxity on the part of the controlling authorities in relieving the deputationist and the deputationist should not go by the presumption that he needs to join his parent cadre only after being formally relieved by the borrowing department.
It has been decided that in future, all cases of deputation shall be regulated as follows:
i) The terms and conditions of deputation shall clearly lay down not only the period of deputation as per the Recruitment Rules for the post or as approved by the competent authority but also the date of relieving of the deputationist. No further orders for relieving the Officer will be necessary.
ii) The deputationist Officer including those who are presently on deputation would be deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation in writing prior to the date of expiry. It will be the responsibility of the immediate superior Officer to ensure that the deputationist does not overstay. In cases where Officers are on deputation on the date of issue of these orders and the normal tenures are getting over in a period of six months, the concerned Officers/ Organizations may be allowed an extension of not more than one month on case to case basis with the approval of the DOPT.
iii) That in the event of the Officer overstaying for any reason whatsoever, he is liable to disciplinary action and other adverse civil/service consequences which would include that the period of unauthorized overstay shall not count against service for the purpose of pension and that any increment due during the period of unauthorized overstay shall be deferred with cumulative effect till the date on which the Officer rejoins his parent cadre.
iv) Written consent of the Officer concerned shall be taken to the terms and conditions of deputation before the deputation orders are issued. The contents of these instructions will be conveyed to all Officers presently on deputation for information and compliance.
v) These instructions will apply to all the deputationists including State Govt. Officers/All India Services Officers joining Central Govt. posts on deputation and to Officers proceeding on deputation to State Govt./Autonomous and Statutory Institutions/foreign Bodies, etc.
vi) If the borrowing Organisations seeks relaxation from these terms, they should obtain approval of the DOPT prior to the start of the deputation.
[GOI MPPG&P DOPT O.M. No. AB14017/30/2006-Estt.(RR) dt. 29-11-2006; CSIR Lr. No.17(68)/2005-E.II dt. 18-1-2007]
CHARGES FOR TRAIN TICKET BOOKING THROUGH “INTERNET”
Reimbursement of charges for booking of rail tickets through Internet/ e-ticketing through the website of Indian Railways is allowed for Railway journeys undertaken for Official tours and LTC.
[GOI MF O.M.No.19023/1/2006-E.IV dt. 25-10-2006; CSIR Lr.No.17(68)/2005-E.II dt. 18-1-2007]
GRANT OF LTC TO DIRECT RECRUITEES
It has been decided that employees appointed in CSIR through Open Competitive Examination may be granted the benefit of Leave Travel Concession before completion of one year of their appointment, provided:
i) they were working in an organization where LTC was governed by CCS (LTC) Rules, 1988 at the time of their relief;
ii) their application was routed through proper channel;
iii) their past service rendered in the previous organization has been/is being taken up in CSIR for combined pensionary benefit;
iv) a confirmation is obtained from the previous organization to the effect that the incumbent had not availed the LTC in the previous organization for the year for which they have claimed the facility in CSIR; and
v) they were eligible to avail the benefit of LTC in his previous organization at the time of their release.
[CSIR Lr.No.3-33(4)/2006-E.I dt. 24-1-2007]
CEILING ON HONORARIUM
It has been decided that for distribution of monies realized from licensing of intellectual property and knowledgebase licensed before 1-6-2005, the ceiling of Rs.1.00 lakh on individual share will apply irrespective of the date of realization of money from the clients or distribution of honorarium.
Similarly for projects on Contract R&D and Technical Services initiated before 1-6-2005, the ceiling of Rs.1.00 lakh on individual share will apply irrespective of the date of realization of money from the clients or distribution of honorarium. For intellectual property and knowledgebase licensed and/or contract R&D and technical services projects initiated on or after 1-6-2005, there will be no ceiling on the amount of honorarium.
[CSIR Lr.No.4/CMG/2006-TNBD dt. 29-1-2007]
CLEARING BACKLOG OF ASSESSMENTS OF GROUP IV
In order to clear the backlog, the Recruitment & Assessment Board (RAB), CSIR desires to take up assessment interviews of Scientists B up to E.II for the periods 2005-06 and 2006-07 simultaneously and complete the whole process in a span of 15 months. This would require taking up of screening of those Scientists in Group IV who are due for assessment for the period 2005-06 and complete the process, particularly the finalization of Confidential Reports latest by March 2007.
RAB desires to take up assessment in respect of Scientists for the period 2004-05 including all those whose results are awaited and also for 2005-06. Once the results of Scientists F are decided, the Labs./Instts. may forward the names of only those who may have to appear for interview. Accordingly, the individual Labs./Instts. have been asked to obtain options from the eligible Group IV staff members as to whether they would like to appear for interview for two subsequent cycles of 2004-05 and 2005-06 at one time or separately.
[CSIR Lr.No.2-(40)/07/2007-RAB dt. 9-2-2007]
RATE OF INTEREST FOR GPF/CPF/NEW PENSION SYSTEM
During the year 2006-07, accumulations at the credit of subscribers to the GPF and other similar funds including the New Pension System (Defined Contribution Pension Scheme) shall continue to carry interest at the rate of 8% per annum.
[GOI MF (DEA) Resln.No.5(1)-B(PD)/2006 dt. 18-9-2006; Swamysnews, Nov. 2006, 12]
REIMBURSEMENT IN R/O TREATMENT TAKEN UNDER
INDIAN SYSTEMS OF MEDICINE
The Central Govt. employees are authorized to purchase admissible medicines in Ayurveda, Unani and Siddha from approved pharmacy/firms or their Authorized Dealers for the purpose of reimbursement of their medical claim. The revised guidelines for recommending pharmacies under Indian Systems of Medicine and Homoeopath for inclusion under CS (MA) Rules, 1944 will be considered by the Ministry on application by such pharmacies/firms.
[GOI DH&FW O.M. No. S.14022/2/2004-MS dt. 4-9-2006; Swamysnews, Nov. 2006, 14-15]
FACILITIES FOR CIVILIAN EMPLOYEES SERVING IN NORTH-EAST
The Central Govt. employees who are eligible for residential telephones are permitted to retain their residential telephone at their last station of posting, provided the rental and all other charges are paid by the concerned employees themselves. Now, the Officers from the North-East cadre of All India Services posted in North-East would also be eligible for facilities for retention of telephone facility at the last station of posting at their cost.
[GOI MF O.M.No.11(2)/97-E.II(B) dt. 21-9-2006; Swamysnews, Nov. 2006, 16]
[CSIR Lr. No. 15-6(83)/98-O&M-III dt. 5-1-2007; CVC Circular No.37/1-/06 dt. 25-10-2005 & 3-10-2006]
ADDITIONAL CHARGE TO SECRETARY, DOBT, AS DG, CSIR
The Appointments Committee of the Cabinet, GOI, DOPT vide Order No.22/1/2007-EO(SM-I) dated 4-1-2007 has communicated the approval of the competent authority to the assignment of additional charge of the post of Secretary, Department of Scientific & Industrial Research (Ministry of Science & Technology and Director-General, Council of Scientific & Industrial Research) to Dr. M.K. Bhan, Secretary, Department of Biotechnology, New Delhi for a period of three months with immediate effect or until further orders whichever is earlier.
[CSIR O.M.No.6-8(2347)/2006-E.III dt. 5-1-2007]
UPGRADATION OF PAY SCALE OF ASSISTANTS (GEN/F&A/S&P) GR.I
CSIR have informed that the matter on upgradation of pay scale of Assistants (General/Finance & Accounts/Stores & Purchase) Gr. I and Sr. Stenographers from Rs.5500-175-9000 to Rs.6500-200-10500 w.e.f. 15-9-2006 is under consideration. It will be notified, whenever a decision is taken.
[CSIR Lr.No.3-33(1)/2006-E.I dt. 5-1-2007]
PROGRESSIVE EXPENDITURE STATEMENTS OF LABS./INSTS.
The Financial Adviser, CSIR has expressed serious concern over the inability of various Labs./Instts. to utilize the Govt. grant proportionality up to the month of September. He was alarmed that at the close of each financial year, the Labs. seek carry forward of the unspent grant till September of the succeeding year. Despite seeking carry over, the Labs. fail to utilize the grant within the permissible period of another six months.
CSIR HQs. has been emphasizing the need of booking the expenditure uniformly in all quarters of the financial year as CSIR gets funds from the Govt. with great difficulty.
All the Directors of Labs./Instts. were requested to monitor the progress of expenditure personally every month and ensure timely utilization of the allocation and no unspent balance is left over at the close of the financial year. He has also requested to send the monthly account and the Statement of Expenditure on or before 5th of every succeeding month.
[CSIR (FA) Lr. No.31-2(1)/2006-07/Bud dt. 5-1-2007]
SENIORITY LISTS OF COMMON CADRE OFFICERS
All India Tentative Seniority Lists in respect of Common Cadre Officers have been circulated to all the Labs./Instts. seeking representations for additions/corrections, if any.
[CSIR Lr. No.3-33(125)/2006-E.I dated 8-1-2007]
IMPROVING VIGILANCE ADMINISTRATION
In order to achieve the desired transparency and curb the malpractices in the processing and issue of licences, permissions, recognitions, various types of clearances, etc., the Central Vigilance Commission (CVC) issued the following instructions for compliance:
i) All Govt. organizations discharging regulatory/endorsement functions or service delivery of any kind which cause interface with the general public shall provide complete information on their websites regarding rules and procedures governing the issue of licences, permissions, etc. by preparing an exhaustive list of such applications/matters and submit a copy of the same to the Commission for record and web-monitoring.
ii) All application forms/proformae should be made available on the websites in a downloadable form. If the organization concerned wishes to charge for the application forms, the same may be done at the time of submission of the application forms.
iii) All documents to be enclosed or information to be provided by the applicant should be clearly explained on the websites and should also form part of the application forms.
iv) As far as possible, arrangements should be put in place so that immediately after the receipt of the application, the applicant is informed about the deficiencies, if any, in the documents/information submitted.
v) The status of individual applications/matters should be made available on the website of the organization and should be updated from time to time so that the applicants remain duly informed about the status of their applications.
vi) Repeated queries in a piecemeal manner by the organizations should be viewed as a misconduct, having vigilance angle.
vii) All organizations concerned should give adequate publicity about these facilities in the newspapers and such advertisements must give the website addresses.
All organizations should examine the feasibility of online receipt of applications and a time-frame for introducing the facility should be worked out. As a large number of Govt. organizations are opting for e-governance, they may consider integrating the above mentioned measures into their business processes so that duplication is avoided.
[CSIR Lr.No.IT/Vig./2006 dt. 8-1-2007; DSIR O.M.No.C-25011/01/Vig. dt. 11-12-2006; CVC Circular No.40/11/06 dt. 22-11-2006]
ECONOMY IN EXPENDITURE ON ADVERTISEMENTS AND PUBLICITY
The Department of Expenditure, Ministry of Finance advised that the Ministries/Departments should plan their advertisements and publicity campaigns with a view to provide effective coverage and communication of public interest issues with utmost economy, so as to maximize the effectiveness of expenditure. The use of a particular medium of communication may be carefully planned with a view to optimally utilizing advertising space or time for dissemination of information on Govt. programmes.
The Ministries/Departments may generally endeavour to limit the expenditure under the object head “advertising and publicity” to the average of such spending in any 3 out of previous 5 years plus a 5% increase. This practice should be followed from the year 2007-08 onwards.
[GOI MOF DOE O.M.No.7(3)/E-Coord./2006 dt. 7-12-2006; CSIR Lr. No.30-1(36)/2006-Finance dt. 9-1-2007]
CHECKING DELAY IN GRANT OF SANCTION FOR PROSECUTION
Para 2 (iv) of O.M. No.399/33/2006-AVD-III dated 6-11-2006 regarding grant of sanction for prosecution has been modified to read as under:
“2. (iv) If the CVC, on reconsideration advises for grant of sanction, the concerned Ministry/Department will issue the requisite orders immediately. However, if the concerned Ministry/Department proposes not to accept the reconsidered advice of the CVC, the case will be referred to the DOPT for a final decision as per DOPT O.M. No.134/2/85-AVD-I dated 17-10-1986. The DOPT shall decide the case within three weeks and convey its decision to the concerned Ministry/Department.
[GOI MPPG&P DOPT O.M. No.399/33/2006-AVD-III dt. 20-12-2006; CSIR Lr. No.15-6 (82)/98-O&M-II dt. 10-1-2007]
EXTENSION OF DATE FOR REVISION OF PENSION OF PRE- AND POST-1986 PENSIONERS/FAMILY PENSIONERS
It has been decided to extend the date of submission of application for revision of pension/family pension up to 31-12-2007 which shall be the last opportunity.
[GOI MPPG&P DOPT O.M. No. 45/86/97-P&PW(A)-Part-III dt. 21-12-2006; CSIR Lr. No.34-1(11)/CSIR/Pen/2006-07 dt. 10-1-2007]
CONTEMPT OF COURT CASES
The following guidelines/instructions are to be strictly followed while dealing with Court cases:
1. It is noticed/observed that the main reason for contempt applications filed against CSIR authority is that generally a very short period of time is given by the Courts/CAT for implementation of its order. Therefore, it is necessary that in those cases where time at our disposal is very less, say for example one month or even less, application may be filed immediately in the concerned Court seeking extension of time. In other cases, this should be done immediately after taking prior approval of CSIR.
2. The appeal, if any, should be filed at the earliest without wasting any time.
3. Regular contact must be maintained with the Counsel in all such cases and if contact is not possible on the phone, then a person conversant with the case from the Lab./Instt. or CSIR HQs. as the case may be, shall be deputed to meet him proceed to wherever the Council is.
4. All the relevant papers where final orders have been passed by the Courts/CAT may immediately and invariably be sent to CSIR for information/approval of the competent authority. Even in those cases where it is proposed to implement orders, relevant papers should be sent to the Legal Adviser, CSIR immediately.
5. Once contempt proceedings have been initiated, COA/AO/SO concerned should invariably attend each and every hearing along with the concerned Counsel. It will not be enough for Counsel alone to attend the hearing.
6. In every case where an order has been passed, the date by which order is to be implemented and should very promptly be written on the cover page of the relevant file, Register, etc. meant for this purpose
7. In all those cases where contempt notice has been issued for failure to implement orders, the reasons from the concerned SO/AO/COA shall invariably be called for as to why and how the delay in implementing the orders of the Court/CAT has occurred. The reasons along with comments of Director may be sent to CSIR for further necessary action.
[CSIR Lr.No.Advice-2/80-Law-Vol.II dt. 16-1-2007]
OVERSTAY WHILE ON DEPUTATION TO OTHER DEPARTMENTS
It has been observed that there have been a number of cases of overstay without the approval of the competent authority. It is necessary to ensure that there is no laxity on the part of the controlling authorities in relieving the deputationist and the deputationist should not go by the presumption that he needs to join his parent cadre only after being formally relieved by the borrowing department.
It has been decided that in future, all cases of deputation shall be regulated as follows:
i) The terms and conditions of deputation shall clearly lay down not only the period of deputation as per the Recruitment Rules for the post or as approved by the competent authority but also the date of relieving of the deputationist. No further orders for relieving the Officer will be necessary.
ii) The deputationist Officer including those who are presently on deputation would be deemed to have been relieved on the date of expiry of the deputation period unless the competent authority has with requisite approvals, extended the period of deputation in writing prior to the date of expiry. It will be the responsibility of the immediate superior Officer to ensure that the deputationist does not overstay. In cases where Officers are on deputation on the date of issue of these orders and the normal tenures are getting over in a period of six months, the concerned Officers/ Organizations may be allowed an extension of not more than one month on case to case basis with the approval of the DOPT.
iii) That in the event of the Officer overstaying for any reason whatsoever, he is liable to disciplinary action and other adverse civil/service consequences which would include that the period of unauthorized overstay shall not count against service for the purpose of pension and that any increment due during the period of unauthorized overstay shall be deferred with cumulative effect till the date on which the Officer rejoins his parent cadre.
iv) Written consent of the Officer concerned shall be taken to the terms and conditions of deputation before the deputation orders are issued. The contents of these instructions will be conveyed to all Officers presently on deputation for information and compliance.
v) These instructions will apply to all the deputationists including State Govt. Officers/All India Services Officers joining Central Govt. posts on deputation and to Officers proceeding on deputation to State Govt./Autonomous and Statutory Institutions/foreign Bodies, etc.
vi) If the borrowing Organisations seeks relaxation from these terms, they should obtain approval of the DOPT prior to the start of the deputation.
[GOI MPPG&P DOPT O.M. No. AB14017/30/2006-Estt.(RR) dt. 29-11-2006; CSIR Lr. No.17(68)/2005-E.II dt. 18-1-2007]
CHARGES FOR TRAIN TICKET BOOKING THROUGH “INTERNET”
Reimbursement of charges for booking of rail tickets through Internet/ e-ticketing through the website of Indian Railways is allowed for Railway journeys undertaken for Official tours and LTC.
[GOI MF O.M.No.19023/1/2006-E.IV dt. 25-10-2006; CSIR Lr.No.17(68)/2005-E.II dt. 18-1-2007]
GRANT OF LTC TO DIRECT RECRUITEES
It has been decided that employees appointed in CSIR through Open Competitive Examination may be granted the benefit of Leave Travel Concession before completion of one year of their appointment, provided:
i) they were working in an organization where LTC was governed by CCS (LTC) Rules, 1988 at the time of their relief;
ii) their application was routed through proper channel;
iii) their past service rendered in the previous organization has been/is being taken up in CSIR for combined pensionary benefit;
iv) a confirmation is obtained from the previous organization to the effect that the incumbent had not availed the LTC in the previous organization for the year for which they have claimed the facility in CSIR; and
v) they were eligible to avail the benefit of LTC in his previous organization at the time of their release.
[CSIR Lr.No.3-33(4)/2006-E.I dt. 24-1-2007]
CEILING ON HONORARIUM
It has been decided that for distribution of monies realized from licensing of intellectual property and knowledgebase licensed before 1-6-2005, the ceiling of Rs.1.00 lakh on individual share will apply irrespective of the date of realization of money from the clients or distribution of honorarium.
Similarly for projects on Contract R&D and Technical Services initiated before 1-6-2005, the ceiling of Rs.1.00 lakh on individual share will apply irrespective of the date of realization of money from the clients or distribution of honorarium. For intellectual property and knowledgebase licensed and/or contract R&D and technical services projects initiated on or after 1-6-2005, there will be no ceiling on the amount of honorarium.
[CSIR Lr.No.4/CMG/2006-TNBD dt. 29-1-2007]
CLEARING BACKLOG OF ASSESSMENTS OF GROUP IV
In order to clear the backlog, the Recruitment & Assessment Board (RAB), CSIR desires to take up assessment interviews of Scientists B up to E.II for the periods 2005-06 and 2006-07 simultaneously and complete the whole process in a span of 15 months. This would require taking up of screening of those Scientists in Group IV who are due for assessment for the period 2005-06 and complete the process, particularly the finalization of Confidential Reports latest by March 2007.
RAB desires to take up assessment in respect of Scientists for the period 2004-05 including all those whose results are awaited and also for 2005-06. Once the results of Scientists F are decided, the Labs./Instts. may forward the names of only those who may have to appear for interview. Accordingly, the individual Labs./Instts. have been asked to obtain options from the eligible Group IV staff members as to whether they would like to appear for interview for two subsequent cycles of 2004-05 and 2005-06 at one time or separately.
[CSIR Lr.No.2-(40)/07/2007-RAB dt. 9-2-2007]
RATE OF INTEREST FOR GPF/CPF/NEW PENSION SYSTEM
During the year 2006-07, accumulations at the credit of subscribers to the GPF and other similar funds including the New Pension System (Defined Contribution Pension Scheme) shall continue to carry interest at the rate of 8% per annum.
[GOI MF (DEA) Resln.No.5(1)-B(PD)/2006 dt. 18-9-2006; Swamysnews, Nov. 2006, 12]
REIMBURSEMENT IN R/O TREATMENT TAKEN UNDER
INDIAN SYSTEMS OF MEDICINE
The Central Govt. employees are authorized to purchase admissible medicines in Ayurveda, Unani and Siddha from approved pharmacy/firms or their Authorized Dealers for the purpose of reimbursement of their medical claim. The revised guidelines for recommending pharmacies under Indian Systems of Medicine and Homoeopath for inclusion under CS (MA) Rules, 1944 will be considered by the Ministry on application by such pharmacies/firms.
[GOI DH&FW O.M. No. S.14022/2/2004-MS dt. 4-9-2006; Swamysnews, Nov. 2006, 14-15]
FACILITIES FOR CIVILIAN EMPLOYEES SERVING IN NORTH-EAST
The Central Govt. employees who are eligible for residential telephones are permitted to retain their residential telephone at their last station of posting, provided the rental and all other charges are paid by the concerned employees themselves. Now, the Officers from the North-East cadre of All India Services posted in North-East would also be eligible for facilities for retention of telephone facility at the last station of posting at their cost.
[GOI MF O.M.No.11(2)/97-E.II(B) dt. 21-9-2006; Swamysnews, Nov. 2006, 16]
UPGRADATION OF PAY SCALE OF ASSISTANTS AND
STENO GR. ‘C’ (PA) OF CSS
The pay scale of the posts of Assistant in the Central Secretariat Service (CSS) and Personal Assistants (Steno Gr. ’C’) of the Central Secretariat Stenographers’ Service (CSSS) shall be upgraded from Rs.5,500-175-9,000 to the scale of Rs.6,500-200-10,500.
[GOI DOPT O.M.No.20/29/2006-CS.II dt. 25-9-2006; Swamysnews, Nov. 2006, 18]
MODEL CALENDAR FOR DPC AND RELATED MATTERS
The DOPT has reiterated that the clarifications/ modifications as contained in O.M.No.22011/9/98-Estt.(D)Pt. dated 8-9-1998 since delay in filling up of promotional vacancies adversely affects the functioning of Govt., and that the desired objectives of convening of DPC meeting/preparation of the approved select panels as per the prescribed time-frame may not be achieved.
[GOI DOPT O.M.No.22011/9/98-Estt.(D)Pt. dt. 21-9-2006; Swamysnews, Nov. 2006, 22-23]
CLARIFICATIONS ON SENIOR CITIZENS SAVINGS SCHEME, 2004
With regard to Tax Deducted at Source in respect of Senior Citizens Savings Scheme, 2004, the Department of Revenue, Central Board of Direct Taxes clarified as follows;
1. An individual resident in India of 65 years of age or above may furnish a declaration in Form No.15-H to the Bank/Post Office, if the tax on the estimated income for the financial year is ‘nil’. In such case the Bank/Post Office will not deduct tax.
2. A declaration in Form No.15-G can be furnished by a depositor of less than 65 years of age, if: (a) the tax on the estimated total income for the financial year is ‘nil’, and (b) the aggregate amount of interest credited/paid or likely to be created/paid during the financial year is not more than the maximum amount (Rs.1,00,000/- for male and Rs.1,35,000/- for female which is not chargeable to tax.
3. In suitable cases, a Certificate for lower deduction or no deduction of tax at source under Section 197 (1) may also be obtained by the depositors from their assessing Officers. In such case, the Post Office shall not deduct tax at source or deduct at a lower rate as specified in the Certificate.
4. Tax Deducted at Source (TDS) is to be made, if the interest paid or payable exceeds Rs.5,000/- during the financial year. TDS shall be made from the entire amount payable, if it exceeds Rs.5,000/-. For example, if the interest paid/payable in a financial year is Rs.5,000/-, no TDS shall be made. However, if the amount is Rs.25,000/-, TDS shall be made at the prescribed rate on the entire amount of Rs.25,000/- and not on Rs.20,000/-.
5. The rate for TDS for a financial year is specified in Part-II of Schedule-I of Finance Act for that year. The prescribed rates for the financial year 2006-07 are as follows: In the case of a person other than a company: (a) Resident of India: 10%; (b) Others: 20%. The amount so deductible shall be enhanced by surcharge calculated as per the following rate: In the case of individual, HUF, Association of Persons and body of individuals: 10% if the interest paid/payable exceeds Rs.10,00,000/-. The amount of “TDS + Surcharge” shall be further enhanced by 2% of “TDS + Surcharge” on account of Education Cess.
6. TDS shall be made even from an interest paid/payable to the legal heir of the account holder.
7. TDS would be applicable from the very first day the SCS scheme was made operational regardless of the fact the Central Govt. or RBI or any authority issued any circular at a later stage. In case where the Bank or the Post Office does not deduct tax, which was deductible as per the provisions of the IT Act, the Bank/Post Office may be treated as an assessee in default for the amount not deducted and the same may be recovered from the Bank/Post Office along with interest apart from other consequences.
[GOI MF Lr.No.2/8/2004-NS.II dt. 6-6-2006 & 23-6-2006; Swamysnews, Nov. 2006, 23-24 & 27-28]
SPECIAL CONCESSIONS FOR WORKING IN THE KASHMIR VALLEY
It has been decided that the existing package of concessions/benefits such as (i) additional HRA and other concessions (ii) Messing facilities (iii) adjustment of migrant employees (iv) payment of leave salary/ad hoc financial assistance (v) regularization of the period of absence of J&K migrant employees (vi) drawal of pension, etc. are extended to Central Govt. employees working in Kashmir Valley due to the prevailing disturbed conditions up to 30-6-2007.
[GI DOPT O.M. No.18016/6/2005-Estt.(L) dt. 11-9-2006; Swamysnews, Nov. 2006, 35-38]
MEDICAL REIMBURSEMENT IN R/O DEPENDENTS
Dependent members of family should reside either with the Govt. servant or with the other members of the family to be eligible for medical reimbursement.
[Swamysnews, Nov. 2006, 96]
RETIREMENT ON MEDICAL GROUNDS WHILE UNDERGOING
MAJOR PENALTY
Even in cases where the major penalty proceedings initiated against a Govt. servant while in service and in which ultimately no pension might become payable on the conclusion of the proceedings after his retirement, payment of provisional pension is mandatory as per Rule 69 of CCS (Pension) Rules, 1972. As such, when the penalty has been awarded and is continuing, there is no bar in accepting the request of the Govt. servant for retirement on Invalid Pension. In such cases, average emoluments should be determined with reference to emoluments “actually” drawn by a Govt. servant during the last ten months of his service.
[Swamysnews, Nov. 2006, 96-97]
GRANT OF DAILY ALLOWANCE FOR LOCAL JOURNEY
In terms of GIO (2) below SR 71, journeys performed within the limits of Urban Agglomeration within which a Govt. servant’s Headquarters is located is to be treated as ‘local journey’ and only 50% of DA at ordinary rates is admissible even if such HQs. is situated in A, A-1 class cities. When an employee performed journey to an expensive locality and return to HQs. on the same day, he is entitled to DA at ordinary rates.
[Swamysnews, Nov. 2006, 98-99]
.o.
STENO GR. ‘C’ (PA) OF CSS
The pay scale of the posts of Assistant in the Central Secretariat Service (CSS) and Personal Assistants (Steno Gr. ’C’) of the Central Secretariat Stenographers’ Service (CSSS) shall be upgraded from Rs.5,500-175-9,000 to the scale of Rs.6,500-200-10,500.
[GOI DOPT O.M.No.20/29/2006-CS.II dt. 25-9-2006; Swamysnews, Nov. 2006, 18]
MODEL CALENDAR FOR DPC AND RELATED MATTERS
The DOPT has reiterated that the clarifications/ modifications as contained in O.M.No.22011/9/98-Estt.(D)Pt. dated 8-9-1998 since delay in filling up of promotional vacancies adversely affects the functioning of Govt., and that the desired objectives of convening of DPC meeting/preparation of the approved select panels as per the prescribed time-frame may not be achieved.
[GOI DOPT O.M.No.22011/9/98-Estt.(D)Pt. dt. 21-9-2006; Swamysnews, Nov. 2006, 22-23]
CLARIFICATIONS ON SENIOR CITIZENS SAVINGS SCHEME, 2004
With regard to Tax Deducted at Source in respect of Senior Citizens Savings Scheme, 2004, the Department of Revenue, Central Board of Direct Taxes clarified as follows;
1. An individual resident in India of 65 years of age or above may furnish a declaration in Form No.15-H to the Bank/Post Office, if the tax on the estimated income for the financial year is ‘nil’. In such case the Bank/Post Office will not deduct tax.
2. A declaration in Form No.15-G can be furnished by a depositor of less than 65 years of age, if: (a) the tax on the estimated total income for the financial year is ‘nil’, and (b) the aggregate amount of interest credited/paid or likely to be created/paid during the financial year is not more than the maximum amount (Rs.1,00,000/- for male and Rs.1,35,000/- for female which is not chargeable to tax.
3. In suitable cases, a Certificate for lower deduction or no deduction of tax at source under Section 197 (1) may also be obtained by the depositors from their assessing Officers. In such case, the Post Office shall not deduct tax at source or deduct at a lower rate as specified in the Certificate.
4. Tax Deducted at Source (TDS) is to be made, if the interest paid or payable exceeds Rs.5,000/- during the financial year. TDS shall be made from the entire amount payable, if it exceeds Rs.5,000/-. For example, if the interest paid/payable in a financial year is Rs.5,000/-, no TDS shall be made. However, if the amount is Rs.25,000/-, TDS shall be made at the prescribed rate on the entire amount of Rs.25,000/- and not on Rs.20,000/-.
5. The rate for TDS for a financial year is specified in Part-II of Schedule-I of Finance Act for that year. The prescribed rates for the financial year 2006-07 are as follows: In the case of a person other than a company: (a) Resident of India: 10%; (b) Others: 20%. The amount so deductible shall be enhanced by surcharge calculated as per the following rate: In the case of individual, HUF, Association of Persons and body of individuals: 10% if the interest paid/payable exceeds Rs.10,00,000/-. The amount of “TDS + Surcharge” shall be further enhanced by 2% of “TDS + Surcharge” on account of Education Cess.
6. TDS shall be made even from an interest paid/payable to the legal heir of the account holder.
7. TDS would be applicable from the very first day the SCS scheme was made operational regardless of the fact the Central Govt. or RBI or any authority issued any circular at a later stage. In case where the Bank or the Post Office does not deduct tax, which was deductible as per the provisions of the IT Act, the Bank/Post Office may be treated as an assessee in default for the amount not deducted and the same may be recovered from the Bank/Post Office along with interest apart from other consequences.
[GOI MF Lr.No.2/8/2004-NS.II dt. 6-6-2006 & 23-6-2006; Swamysnews, Nov. 2006, 23-24 & 27-28]
SPECIAL CONCESSIONS FOR WORKING IN THE KASHMIR VALLEY
It has been decided that the existing package of concessions/benefits such as (i) additional HRA and other concessions (ii) Messing facilities (iii) adjustment of migrant employees (iv) payment of leave salary/ad hoc financial assistance (v) regularization of the period of absence of J&K migrant employees (vi) drawal of pension, etc. are extended to Central Govt. employees working in Kashmir Valley due to the prevailing disturbed conditions up to 30-6-2007.
[GI DOPT O.M. No.18016/6/2005-Estt.(L) dt. 11-9-2006; Swamysnews, Nov. 2006, 35-38]
MEDICAL REIMBURSEMENT IN R/O DEPENDENTS
Dependent members of family should reside either with the Govt. servant or with the other members of the family to be eligible for medical reimbursement.
[Swamysnews, Nov. 2006, 96]
RETIREMENT ON MEDICAL GROUNDS WHILE UNDERGOING
MAJOR PENALTY
Even in cases where the major penalty proceedings initiated against a Govt. servant while in service and in which ultimately no pension might become payable on the conclusion of the proceedings after his retirement, payment of provisional pension is mandatory as per Rule 69 of CCS (Pension) Rules, 1972. As such, when the penalty has been awarded and is continuing, there is no bar in accepting the request of the Govt. servant for retirement on Invalid Pension. In such cases, average emoluments should be determined with reference to emoluments “actually” drawn by a Govt. servant during the last ten months of his service.
[Swamysnews, Nov. 2006, 96-97]
GRANT OF DAILY ALLOWANCE FOR LOCAL JOURNEY
In terms of GIO (2) below SR 71, journeys performed within the limits of Urban Agglomeration within which a Govt. servant’s Headquarters is located is to be treated as ‘local journey’ and only 50% of DA at ordinary rates is admissible even if such HQs. is situated in A, A-1 class cities. When an employee performed journey to an expensive locality and return to HQs. on the same day, he is entitled to DA at ordinary rates.
[Swamysnews, Nov. 2006, 98-99]
.o.
November, 2006
INVESTMENT OF CSIR/LAB. FUNDS
The Governing Body, CSIR has accorded ex post facto approval to (i) the manner of Investment; and (ii) the creation of “Provident Fund Reserve Fund”. The manner of investment in respect of:
Provident Fund
With the objective of making the Provident Fund self-sustaining, “Provident Fund Reserve” was created from 1994-95. The balance in the fund is carried over for taking care of any eventuality of a short fall in income over the dischargeable liability in future. CSIR will continue investment of Provident Fund Accumulation in bonds of Public Sector Companies as defined in Section 2 (36A) of the Income Tax Act, 1961, Schemes of UTI, Post Offices and Nationalized Banks. Investment of PF in such schemes will be made at CSIR HQs. with the approval of the Director-General CSIR on the recommendation of investment Advisory Committee to be constituted by him.
Other Funds
At CSIR HQs., the Director-General and at Labs./Instts., the Directors have been delegated with the power to approve the investment of surplus funds from the following funds:
a) At CSIR HQs.: (i) CSIR Fund; (ii) Deposit with CSIR for Sponsored/ Consultancy, etc. projects; (iii) Welfare Fund; and Head Quarters Reserve.
b) At National Labs./Instts.: (i) Lab. Reserve (now known as “Laboratory & Headquarters Reserve Fund; (ii) Deposits with Laboratory for Sponsored/ Consultancy, etc. projects; (iii) World Bank Loan; and World Bank Project Reserve.
Investment can be made in Govt. Securities/Treasury Bills, Term Deposits with any Nationalized Banks or Scheduled Commercial Bank (incorporated in India) with a “Net Worth of Rs.100 crores; that is to say, the paid up capital plus Free Reserves of the Bank should not be less than Rs.100 crores
The Instruments which have been rated as “Investment Grade” by an established Credit Rating Agency, e.g. Certificates of Deposits/Bonds or similar instruments issued by the Scheduled Commercial Banks/Public Financial Institutions like ICICI, IFCI, IDBI, UTI, etc. but not in any mutual funds or equity based schemes.
Procedure
In supersession of all previous instructions on the subject, CSIR HQs. and each National Lab./Instt. will maintain a panel of Nationalized & Scheduled Banks and financial institutions functioning in the city/locality in which the Lab./Instt. is situated. The criteria for selection of the branch for inclusion in the panel will be in the order of preference as indicated below and on the basis of highest assured yield. However, large sums are not to be placed with one bank:
a) The branch which is maintaining the account of the Lab./Instt./CSIR HQs. and providing other services;
b) The branch nearest to the Lab./Instt./CSIR HQ.;
c) The branch which is located in or near CSIR residential colonies and is serving the employees of the Lab./Instt.;
d) the main branch in the city
An Investment Advisory Committee will be formed with the following composition with the approval of the Director-General at CSIR HQs. and the Director in National Lab./Instt. for advising in the manner of investment:
National Labs./Instts.
CSIR HQs.
A senior Scientist not below the rank of Scientist F as Chairman
A Head of Department in CSIR as Chairman
Controller of Administration/Administrative Officer
Jt. Secretary (Admn.), CSIR
Sr. F&AO/F&AO as Convener
Financial Adviser, CSIR
Another Scientist or Officer
---
The rate(s) of interest prevailing at that time for different schemes should be obtained from all empanelled Banks/Financial Institutions and a comparative statement showing the rates offered by Banks/Financial Institutions should be prepared and placed before the Committee for consideration and recommendation.
It should be ensured that adequate cash is available with the Lab./Instt. for regular expenditure including expenditure to be incurred from Lab. & HQs. Reserve and under projects financed by external agencies.
[CSIR Lr.No.1(11)/Acctt./2000-2001 dt. 30-11-2000]
AMENDMENT TO CSIR ADMINISTRATIVE SERVICES (RECRUITMENT & PROMOTION) RULES, 1982
Part II, Section II (7) in respect of Recruitment to the post of Assistant (G)/(F&A)/S&P) Gr.III has been revised as far as educational qualification is concerned as detailed hereunder:
(i) 10% of the posts in the cadre of Assistant (G) Gr.III in National Laboratories/ Institutes and 5% of the posts in CSIR HQs. shall be filled up from amongst the Group “D” (Non-Technical) employees borne on the regular establishment who are 10th/X Pass and have rendered 5 years approved service, on the basis of seniority-cum-fitness and on the recommendation of the DPC.
(ii) 10% of the posts in the cadre of Assistant (G) Gr.III in National Laboratories/ Institutes and 5% of the posts in CSIR HQs. shall be filled up from amongst the Group “D” (Non-Technical) employees borne on the regular establishment on the basis of a departmental competitive examination in General Hindi/General English & General Knowledge and proficiency test in typewriting at the speed of 25/30 w.p.m. in Hindi/English, confined to such Group “D” (Non-Technical) staff who have rendered minimum of 5 years of approved service in CSIR and have acquired a minimum educational qualification of 10th/X pass or equivalent.
[CSIR Lr.No.3-33(113)/2006-E.I dt. 12-6-2006]
BENEVOLENT FUND SCHEME: REVISION OF FINANCIAL ASSISTANCE
On the recommendations of a Committee constituted to consider revision of financial assistance that is being given to the families of Council servants, the Governing Body, CSIR at its 167th meeting held on 21-6-2006 has revised the amount payable as detailed hereunder:
Event Existing Revised
Death Rs.15,000/- Rs.30,000
Distress/Permanent disability Rs.3,000/- Rs.6,000/-
Similarly, the rate of contribution towards the Benevolent Fund has also been revised:
Existing rate Revised rate
Group C & D Rs.3/- Rs.5/- p.m.
Group A & B Rs.6/- Rs.10/- p.m.
The Committee has also recommended that the annual contribution payable by the Labs./Instts. may be enhanced from Re.1/- to Rs.5/- per head. A sum of Rs.20/- instead of Rs.4/- per head may be paid by debit to Central Operated Head GDA – Welfare Fund – Contribution of Benevolent Fund.
[CSIR Lr.No.20(5)/87-E.II dt. 18-9-2006]
On the recommendations of a Committee constituted to consider revision of financial assistance that is being given to the families of Council servants, the Governing Body, CSIR at its 167th meeting held on 21-6-2006 has revised the amount payable as detailed hereunder:
Event Existing Revised
Death Rs.15,000/- Rs.30,000
Distress/Permanent disability Rs.3,000/- Rs.6,000/-
Similarly, the rate of contribution towards the Benevolent Fund has also been revised:
Existing rate Revised rate
Group C & D Rs.3/- Rs.5/- p.m.
Group A & B Rs.6/- Rs.10/- p.m.
The Committee has also recommended that the annual contribution payable by the Labs./Instts. may be enhanced from Re.1/- to Rs.5/- per head. A sum of Rs.20/- instead of Rs.4/- per head may be paid by debit to Central Operated Head GDA – Welfare Fund – Contribution of Benevolent Fund.
[CSIR Lr.No.20(5)/87-E.II dt. 18-9-2006]
PROMOTION FROM GR.III (6) TO GR.III (7) UNDER REVISED MANAS
The staff in Group III (6) who possess the entry level qualification of Gr.IV will only be eligible for assessment to the Gr.III (7) within the same Group and without any restriction of minimum qualifications and experience to the existing employees. In partial relaxation of this provision, the GB, CSIR has approved that Gr.III (6) employees having the entry level qualification of Gr.III (repeat Gr.III) may be assessed for promotion up to Gr.III (7).
In cases where the condition of qualification has been relaxed as an exceptional case by the DG, CSIR by virtue of acquiring experience, specialized skill, etc., assessment of these persons can be considered only up to Gr.III (4)
[CSIR Lr.No.17/66/25/94-PPS dt. 25-9-2006]
CREATION OF PROFESSIONAL DEVELOPMENT FUND
The Sivaram Committee while reviewing the guidelines for Technology Transfer and Utilization of Knowledgebase had recommended creation of such a provision, viz. “Professional Development Fund (PDF) for the Scientists in CSIR Labs./Instts. The Report was approved by the GB at its 167th meeting held on 22-6-2006. The Scheme will be known as “Professional Development Fund (PDF) and it will exist as a separate sub-fund within the Laboratory and HQs. Reserve Fund (LHRF) w.e.f. 3-10-2006..
Income earned by individual Scientists in Group IV/III category by way of premia/royalty, intellectual fee from contract research, consultancy and technical services which the individual Scientist voluntarily forgoes from accepting for personal use and upon the request may be transferred to a separate sub-head account within the LHRF. The individual account in the name of the Scientist will be maintained by the respective Business Development Division of the Lab. and in case of HQs., it will be maintained by TNBD Division
The expenditure from PDF is permitted for the following:
i) Purchase of books, subscription to journals, professional (annual/life) membership to professional Societies and other printed/digital resources, software of professional interest;
ii) Full or partial payment towards Registration fee and/or travel abroad or within India for attending Conferences/Workshops/Seminars in relevant areas
The PDG can be accumulated in the account of individual Scientist maintained by the Lab. All unspent PDF either at the time of superannuation or resignation of the Scientist will revert to LHRF; and the Director in the Lab. and DG, CSIR at CSIR HQs. will have the powers to sanction expenditure from PDF within the delegated powers.
[CSIR O.M.No.4CMG/2006-TNBD dt. 3-10-2006]
DEDUCTION OF INCOME TAX AT SOURCE IN R/O CONTRACTORS
CSIR while writing to CMRI, Dhanbad has clarified that deduction of Income Tax at source in respect of employees as well as Contractors has to be done by the DDO in CSIR system and it shall be the responsibility of the DDO to submit necessary returns to IT authorities.
[CSIR Lr.No.30-1(5)/77-Finance dt. 5-10-2006]
REVIEW OF GR.I, II & III AND ADM. AND SUPPORT STAFF
The DG, CSIR has constituted the following Committee to look into the issue of stagnation in Non-Technical cadres at the lower level:
1. Dr. V. Prakash, Director, CFTRI, Mysore Chairman
2. Shri Nikhilesh Jha, Jt. Secretary (Admn.), CSIR Member
3. Mrs. Rama Murali, Financial Adviser, CSIR Member
4. Shri Sushil Kumar, Sr.DS (LA), CSIR Member
5. Mrs. Manju Bagai, Legal Adviser, CSIR Member
The Committee shall examine the following issues:
1. Issue of stagnation in Groups I, II & III as under 5th Central Pay Commission, the scale of Rs.1350-2200 and Rs.1400-2300 were merged into one scale thus reducing the promotion avenues in these Groups.
2. Re-examine the recommendations Apex Committee in respect of Gr.I, II & III staff and see whether any benefit on the pattern of DRDO can be extended in the form of adding one more pay scale at the maximum in Gr.I, II & III.
3. Creation of separate Stenographer cadre in line with the recommendations of 5th CPC.
4. Further, the following issues may also be examined by the Committee:
i) Review the requirement of administrative staff in General, Finance, Store & Purchase and Stenographic cadres at different levels.
ii) To explore the possibility of conducting Administrative Cadre Review
iii) Creation/Up-gradation of posts at higher level to remove stagnation within the ambit of instructions
iv) Review the career progression scheme for persons belonging to Isolated categories and possible reduction in such staff
v) Review the existing Administrative Services (Recruitment & Promotion) Rules, 1982 and suggest changes, if any, in minimum qualification for posts filled through direct recruitment
A Sub-Committee comprising of the following to provide inputs on the above issues has also been constituted:
1. Shri R.S. Antil, CVO, CSIR
2. Mrs. Manju Bagai, Legal Adviser, CSIR
3. Shri Sushil Kumar, Sr. DS (LA)
4. Shri R.L. Sharma, Sr.DFA, CSIR
5. Shri R.K. Rao, Controller of Stores & Purchase, CSIR
6. Shri Y.K. Sharma, DS (CO) -- Member-Convener
[CSIR O.M.No.17(68)/97-PPS dt. 10-10-2006]
EMPLOYMENT OF CHILDREN BELOW 14 YEARS
The Central Govt. have enacted Child Labour (Prohibition & Regulation) Act, 1986. The Ministry of Labour & Employment have further augmented vide Notification S.O. 1029 (E) dated 10-7-2006, the following occupations in the Schedule to the Act, namely:
“(14) Employment of children as domestic workers or servants; (15) Employment of children in dhabas (road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres.”
The above notification has come into force w.e.f. 10-10-2006 and has penal provision of fine (up to Rs.20,000/-) or imprisonment (up to one year), or both,
Employment of children below the age of 14 years will not only be a violation of the Conduct Rules but it will also be an offence under the said Act. These instructions should be followed by all Govt./Council servants in letter and spirit and in case any violation is reported, necessary disciplinary action as well as legal action may be taken.
[GI MPPG&P (DOPT) OM No.11013/6/2006-Estt.(A) dt. 31-8-2006; CSIR Lr. No.15-6(86)/98-PPS dt. 11-10-2006]
ISSUE OF “WARNING” TO A TRANSFERRED GOVT. SERVANT TRANSFERRED TO SOME OTHER DEPARTMENT
In case it is decided not to formally proceed against an Officer as a lapse which could not be considered serious enough for inviting disciplinary proceedings but serious enough to convey to the Officer a caution warning/displeasure of the Govt., this will be communicated to the Officer by the Ministry/Department concerned through the administrative Ministry where the Officer may be working at that time and two copies of the same shall be endorsed to DOPT for record.
Recordable warning must be placed in the ACR dossier as part of the ACR of the relevant year and communicated to the Officer concerned treating the same as adverse remarks.
[GOI MPPG&P DOPT O.M.No.134/1/2006-AVD-I dt. 31-8-2006 & No.134/9/93-AVD.I dt. 15-11-1993; CSIR Lr.No.15-6(82)/98-O&M-II dt. 11-10-2006]
FILLING UP OF VACANT POSTS
CSIR have advised all its Labs./Instts. that any action on recruitment of staff other than Gr.IV may be deferred forthwith excepting in the case of recruitment of staff under Special Recruitment Drive to fill up back-log vacancies reserved for SC/ST, compassionate appointments and regularization of Identified Casual Workers.
CSIR had taken up the issue with the GB to grant exemption from the operation of the instructions of DOE (MOF) and a proposal is being sent to Secretary, DOE MOF seeking exemption. Pending receipt of approval of the MOF, DG, CSIR has desired that recruitment action on all the posts which are lying vacant for more than six months may be kept in abeyance excepting vacancies to be filled under Special Recruitment Drive, etc.
As regards posts which are vacant for less than six months, proposals for seeking approval of the competent authority to fill up such posts may be sent to CSIR HQs. with proper justification.
[CSIR O.M.No.4-1(9)/2003-E.II dt. 11-10-2006]
RESERVATION FOR THEPERSONS WITH DISABILITIES
It has been complained that sometimes recruiting agencies in their advertisements calling for applications state that blind/partially blind candidates need not apply as a separate examination would be conducted for visually handicapped candidates.
Such an action is not consistent with the extant instructions on reservations for persons with disabilities as it will result in the possibility of eliminating handicapped candidates being selected on their own merit. Persons with disabilities who are selected on their own merit have to be adjusted against the unreserved vacancies and reservation has to be given in addition.
Hence, the persons with disabilities should not be debarred from applying for the posts identified suitable for them and should be provided opportunity to compete for the unreserved vacancies by holding a common examination.
[GOI MPPG&P&PA Lr. No.36035/8/2003-Estt(Res.) dt. 27-7-2006; CSIR Lr. No.19-1(1)/ 2006/SC/ST&PH Cell dt. 11-10-2006]
CEILING ON TWO FAMILY PENSIONS ADMISSIBLE TO CHILDREN
Consequent upon the revision of the rates and minimum and maximum limits of the family pension following the implementation of the recommendations of the 5th CPC, the maximum of ceiling on two family pensions admissible under sub-rule (11) of Rule 54 of the CCS (Pension) Rules, 1972 to child/children where both of his/their deceased parents were Govt. servants has been revised w.e.f. 1-1-1996 as detailed hereunder:
i) The existing maximum limit of Rs.2500/- p.m. laid down in sub-rule (11) (a) (i) revised upwards to Rs.15,000/- p.m.
ii) The existing maximum limit of Rs.2500/- p.m. laid down in sub-rule (11) (a) (ii) revised upwards toRs.15,000/- p.m.
iii) The existing maximum limit of Rs.1,250/- p.m. laid down in sub-rule 11 (b) revised upwards to Rs.9,000/- p.m.
[GOI MPPG&P DP&PW O.M.No.45/1/2001-P&PW(E) dt. 30-6-2005; CSIR Lr. No.34-1(11)/CSIR/Pen/2006-07/387 dt. 30-10-2006]
GUIDELINES FOR CHECKING DELAY IN SANCTION FOR PROSECUTION
1. In cases investigated by the CBI against any public servant who is not removable from his Office except with the sanction of the President (CSIR), the CBI forwards its final report of investigation to the CVC and also simultaneously endorses a copy of the report to the administrative Ministry/Department concerned, the competent authority shall within three weeks formulate its tentative view regarding the action to be taken and seek the advice of the CVC in the matter.
2. The CVC would tender its advice within ten days to the concerned administrative Ministry/Department which shall finalize its view in the matter within a week and issue orders for sanction of prosecution accordingly.
3. The concerned Ministry/Department shall refer the case to CVC for reconsideration only in exceptional cases when new facts come to light. The Committee of experts proposed to be set up by the CVC with experts drawn from civil services, PSUs and banks shall examine the CBI’s recommendation and the tentative view of the concerned Ministry/Department in greater detail and CVC would render appropriate advice to the competent authority based on the findings of the Expert Committee within a fortnight.
4. If the CVC on reconsideration advises for grant of sanction, the concerned Ministry/Department will issue the requisite orders immediately. However, if the concerned Ministry/Department proposes not to accept the reconsidered advice of the CVC, the case will be referred to the DOPT for a final decision.
5. The responsibility of processing cases for sanction of prosecution within the time limits laid down shall continue to remain with the Administrative Ministries/Departments. All pending cases for sanction of prosecution would be reviewed every month by the concerned Secretary to ensure that a decision in a case for grant of sanction for prosecution is taken within the given time-frame.
6. The CVC will call a meeting of Secretaries of such Departments where there are delays in according sanction for prosecution for a review from time to time and draw DOPT’s attention on such delays.
7. In case a decision is not taken by the Administrative Ministry/Department within the time limit laid down, the concerned Secretary of the Department shall mandatory forward a written explanation to the Cabinet Secretary for appropriate examination by the competent authority.
8. All such delayed cases will be placed before a Committee to be chaired by Secretary (Personnel) and comprising the Secretary of the Administrative Ministry/Department, Law Secretary and Director, CBI for scrutiny and recommendation. A copy of the explanation furnished by the Secretary to the Administrative Ministry/Department shall also be placed before the Committee. The recommendations of the Committee shall be forwarded to the Cabinet Secretary for orders of the competent authority.
[GOI MPPG&P DOPT O.M.No.399/33/2006-AVD-III dt. 6-11-2006; CSIR Lr. No.15-6(82)/ 98-O&M-II dt. 20-11-2006]
CLARIFICATIONS ON CSIR SCIENTIST RECRUITMENT RULES
CSIR Scientists Recruitment & Assessment Promotion (CSRAP) Rules, 2001 provides for relaxation of one year in the minimum residency period to a Scientist Gr.IV (2), (3) & (4) subject the condition that he/she consistently secures 90% and above marks in the ARPs in three successive years in the grade, but such Scientist should have completed the minimum residency period before considered for such benefit and three ARPs for the years 2001-02, 2002-03 and 2003-04 should be available for the purpose.
However, an anomalous situation has been observed wherein a Scientist appointed earlier is not getting such benefit as all the above three ARPs are not possible to be considered due to early due date of assessment whereas a Scientist appointed later has been found eligible for the said benefit.
In order to avoid such an anomalous situation, the following procedure has been prescribed:
1. Scientists Gr.IV (2) and (3) will be considered for early assessment on completing the minimum residency period not before the year 2004-05 and likewise Scientists Gr.IV (4) will be considered not before the year 2005-06.
2. The marks required for determining eligibility for such benefit should be actual marks and not based on any averaging.
3. One year earlier assessment and normal assessment due for having completed minimum residency period will be done in one sitting by the same Committee keeping the threshold for the one-year earlier assessment reasonably higher.
[CSIR Lr.No.1-2(1)/2006-RAB dt. 28-11-2006]
CALCULATION OF VACANCIES FOR COMPASSIONATE APPOINTMENT
Grouping of posts in small Offices/Cadres for the purpose of calculation of vacancies for appointment on compassionate grounds has been allowed. Consequently Group C&D posts (excluding technical posts) in which there are less than 20 Direct Recruitment (DR) vacancies in a recruitment year may be grouped together and out of the total number of vacancies, 5% may be filled on compassionate grounds, subject to the condition that appointment on compassionate grounds in any such post should not exceed one. For the purpose of calculation of vacancies, fraction of a vacancy either half or exceeding half but less than one may be taken as one vacancy. Total vacancies available for making DR would be calculated by deducting the vacancies to be filled on the basis of compassionate appointment from the vacancies available for DR.
It may happen that small Ministries/Departments (where no vacancy for compassionate appointment could be located under 5% quota for the last 3 years) may not be able to make a single compassionate appointment for a number of years due to non-availability of adequate DR vacancies in Gr. C&D posts arising in a year. Keeping in view the problem of non-availability of vacancies within the prescribed limit of 5% of DR vacancies in Gr. C&D posts, they may add up the total of DR vacancies in Gr. C &D posts arising in each year for 3 or more preceding years and calculate 5% of vacancies with reference to the grand total of vacancies of such years for locating one vacancy for compassionate appointment.
[GI MPPG&P DOPT OM No.14014/24/99-Estt.(D) dt. 28-12-1999; CSIR Endt. No. 17(108)78-E.II dt.10-4-2000; GOI DOPT O.M.No.14014/3/2005-Estt.(D) dt. 14-6-2006 & 9-10-2006; CSIR Lr.No.17(108)/2006-E.II dt. 28-11-2006]
NEW FINANCIAL ADVISER TO CSIR
Shri Shambhu Singh, IAS (MT:86), Director, DST has been appointed as Financial Adviser, CSIR (Jt. Secretary level) w.e.f. 11-12-2006 in the pay scale of Rs.18,400-22,400 for the balance period of his Central deputation tenure of five years i.e. up to 7-8-2007 or until further orders whichever is earlier vice Mrs. Rama Murali who is to complete her tenure as Financial Adviser, CSIR on 10-12-2006.
[GOI MPPG&P DOPT Order No.22/11/2006-EO(SM-I) dt. 21-11-2006; CSIR O.M. No.6-8 (2348)/2006-E.III dt. 1-12-2006]
INDUCTION OF NON-TECHNICAL STAFF
IN TO TECHNICAL SIDE (GR.I & II)
Induction of Non-Technical staff into Technical side was kept in abeyance for quite sometime. Pending reclassification of posts and approval of the GB, the DG, CSIR in consultation with the Legal Adviser, has revoked the abeyance.
[CSIR Lr.No.17/66/25/94-PPS dt. 8-12-2006]
DISPOSAL OF STORES
The Jt. Secretary (Admn.), CSIR has requested the Directors of CSIR Labs./Instts. to expedite the process of the disposal of stores as per Disposal Procedure dated 6-8-2002 by convening a meeting by the Standing Disposal Committee at the earliest.
[D.O. Lr.No.14-5(58)/2006-SVG dt. 14-12-2006]
BENEFIT OF TWO-YEAR EALIER ASSESSMENT PROMOTION TO
GR.III (6) TO (7) UNDER REVISED MANAS
Extension of benefit of two-year earlier assessment promotion under para 2.3.4 of Revised MANAS based on circular No.17/66/25/94-PPS dated 25-9-2006 would be applicable only from the date of notification.
[CSIR Lr.No.17/66/25/94-PPS dt. 18-12-2006]
COUNTING OF SERVICE RENDERED IN THE LOWER GROUP IN
IDENTICAL SCALE FOR ASSESSMENT IN HIGHER GROUP
In order to take a policy decision in respect of employees who have been placed in the higher group as per the provisions contained in para 6.4.7 of MANAS or para 2.3.5 of Revised MANAS in the identical scale held by them in the lower Group for extending the benefit of service rendered by them in the lower Group for assessment in higher Group or their placement in next grade of higher Group, CSIR have sought certain information from all the Labs./Instts.
[CSIR Lr.No.17/66/Equiv./94-PPS dt. 18-12-2006]
POSTING DETAILS OF EQUIPMENT PROCURED ON WEBSITE
It has been observed that same kind of equipment is being procured by different Labs./Instts. at different rates perhaps due to lack of idea as to what the sister Labs. have procured and at what rate. All the Labs./Instts. are required to post on their respective Websites the details of equipment costing Rs. One lakh and above purchased by them in a financial year including its specification, name of the firm and the price. The COSP/SPO of the Lab./Instt. shall be personally responsible for putting this information on the Website.
[CSIR Lr.No.15-1(82)/2001-O&M dt. 18-12-2006]
PROTECTION OF PAY OF CASUAL WORKERS (TS) ON REGULARIZATION
In pursuance of Hon’ble Supreme Court judgement dated 10-4-2006, and on receipt of further clarification from the DOPT, CSIR have informed that the Casual Workers who are conferred with Temporary Status are not given any scale of pay. They are only paid daily rated wages and for this purpose the minimum of the pay scale is taken into account. After 240 days service the increment factor is also taken into account for calculating daily wages since they are never placed in a proper scale of pay under the constitutional scheme of appointment and are not granted annual increments in a prescribed scale of pay, the question of any protection of pay on regularization does not arise.
[CSIR Lr.No.17/67/JCM/95-PPS dt. 18-12-2006]
CENTRAL GRIEVANCE COMMITTEE
The work of the Central Grievance Committee (CGC) has been re-allocated from Personnel Policy Section (Lab. Admn., CSIR) to the Recruitment & Assessment (R&D) Section.
[CSIR O.M.No.6-1(1)/82-E.III dt. 19-12-2006]
OBSERVANCE OF ECONOMY IN EXPENDITURE
Officers who are having facility of official cellular phone are getting international roaming facility activated for use during their visits abroad. DOE have clearly laid down that only the national roaming facility will be admissible within the monthly ceiling per month fixed in each category of Officers (inclusive of rental and call charges. International global roaming facility has not been allowed to be used. Alternatively, they can use the Embassy/Mission’s telephone facility for the purpose.
[GOI MF O.M.No.15/7/2006-IFU-III dt. 23-8-2006; Swamysnews, Oct. 2006, 9]
DISABILITY LEAVE TO THE VICTIMS OF THE MUMBAI BOMB BLAST
Keeping in view the seriousness of the recent Mumbai bomb blast, consequent upon which certain CG employees while returning to their homes after due performance of their official duties have also been injured/disabled during the incident, it has been decided that the provisions of Rule 45 of CCS (Leave) Rules, 1972 may be extended to such employees on humanitarian grounds, in relaxation of rule, subject to fulfilment of all the conditions laid down therein.
[GOI DOPT O.M. No.13019/1/2006-Estt.(L) dt. 12-8-2006; Swamysnews, Oct. 2006, 19-20]
RENEWAL OF PRIVATE MEDICAL PRACTIONERS AS AMA AT KOLKATA
In terms of Rule 2A (iv) of the CS (MA) Rules, 1944, a total number of 286 Private Medical Practitioners are renewed as Authorized Medical Attendants during the normal working hours for the treatment of the CG employees and members of their family stationed at or passing through Kolkata and its adjoining Municipalities which are not covered by CGHS for a period of one year up to 31-7-2007.
[GOI CGEWCC, KOLKATA Lr.No.CGEWCC/16/2006-07/32-AMA-1 dt. 27-7-2006; Swamysnews, Oct. 2006, 20-47]
NOMINATION OF GUARDIANS IN RESPECT OF PERSONS SUFFERING WTH MULTIPLE DISABILITIES
In terms of Item No. (vi) below proviso to sub-rule (6) of Rule 54 of the CCS (Pension) Rules, 1972 provides that in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Govt. servant or the pensioner, and in case no such nomination has been furnished to the Head of Office by such GS or pensioner during his lifetime to the person nominated by the spouse of such GS or family pensioner later on.
The above provisions shall continue to apply in respect of physically crippled/disabled children who are minor and the children suffering from any disorder or disability of mind as they are covered by the existing law for the purpose of obtaining guardianship certificate/appointment of guardian by the Court.
For the welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Parliament has passed National Trust Act, 1999. Since the Guardianship Certificate under the Act is issued on the authority of the law passed by the Parliament, the same has to be accepted for nomination/ appointment of Guardian for grant of family pension in respect of person suffering from the above disabilities.
[GOI DP&PW O.M.No.1/4/06-P&PW(E) dt. 31-7-2006; Swamysnews, Oct. 2006, 49-50]
CLIMATIC RE-CLASSIFICATION OF NAGPUR
Nagpur has been re-classified as ‘both summer and winter station’ for the purpose of supply of Uniforms to eligible categories of Group C&D employees.
[GOI DOPT O.M.No.14/2/2006-JCA dt. 31-8-2006; Swamysnews, Oct. 2006, 56]
FINANCIAL UPGRADATION UNDER ACP
In terms of condition No.10 in the Annexure-I to O.M. dated 9-8-1999 and clarification No.22 in the Annexure to O.M. dated 10-2-2000, the first financial upgradation already granted to a person on completion of 12 years continuous service cannot be withdrawn even if the regular promotion is not accepted. But the second financial upgradation under ACP will be postponed by the period of debarment.
[Swamysnews, Oct. 2006, 101]
The staff in Group III (6) who possess the entry level qualification of Gr.IV will only be eligible for assessment to the Gr.III (7) within the same Group and without any restriction of minimum qualifications and experience to the existing employees. In partial relaxation of this provision, the GB, CSIR has approved that Gr.III (6) employees having the entry level qualification of Gr.III (repeat Gr.III) may be assessed for promotion up to Gr.III (7).
In cases where the condition of qualification has been relaxed as an exceptional case by the DG, CSIR by virtue of acquiring experience, specialized skill, etc., assessment of these persons can be considered only up to Gr.III (4)
[CSIR Lr.No.17/66/25/94-PPS dt. 25-9-2006]
CREATION OF PROFESSIONAL DEVELOPMENT FUND
The Sivaram Committee while reviewing the guidelines for Technology Transfer and Utilization of Knowledgebase had recommended creation of such a provision, viz. “Professional Development Fund (PDF) for the Scientists in CSIR Labs./Instts. The Report was approved by the GB at its 167th meeting held on 22-6-2006. The Scheme will be known as “Professional Development Fund (PDF) and it will exist as a separate sub-fund within the Laboratory and HQs. Reserve Fund (LHRF) w.e.f. 3-10-2006..
Income earned by individual Scientists in Group IV/III category by way of premia/royalty, intellectual fee from contract research, consultancy and technical services which the individual Scientist voluntarily forgoes from accepting for personal use and upon the request may be transferred to a separate sub-head account within the LHRF. The individual account in the name of the Scientist will be maintained by the respective Business Development Division of the Lab. and in case of HQs., it will be maintained by TNBD Division
The expenditure from PDF is permitted for the following:
i) Purchase of books, subscription to journals, professional (annual/life) membership to professional Societies and other printed/digital resources, software of professional interest;
ii) Full or partial payment towards Registration fee and/or travel abroad or within India for attending Conferences/Workshops/Seminars in relevant areas
The PDG can be accumulated in the account of individual Scientist maintained by the Lab. All unspent PDF either at the time of superannuation or resignation of the Scientist will revert to LHRF; and the Director in the Lab. and DG, CSIR at CSIR HQs. will have the powers to sanction expenditure from PDF within the delegated powers.
[CSIR O.M.No.4CMG/2006-TNBD dt. 3-10-2006]
DEDUCTION OF INCOME TAX AT SOURCE IN R/O CONTRACTORS
CSIR while writing to CMRI, Dhanbad has clarified that deduction of Income Tax at source in respect of employees as well as Contractors has to be done by the DDO in CSIR system and it shall be the responsibility of the DDO to submit necessary returns to IT authorities.
[CSIR Lr.No.30-1(5)/77-Finance dt. 5-10-2006]
REVIEW OF GR.I, II & III AND ADM. AND SUPPORT STAFF
The DG, CSIR has constituted the following Committee to look into the issue of stagnation in Non-Technical cadres at the lower level:
1. Dr. V. Prakash, Director, CFTRI, Mysore Chairman
2. Shri Nikhilesh Jha, Jt. Secretary (Admn.), CSIR Member
3. Mrs. Rama Murali, Financial Adviser, CSIR Member
4. Shri Sushil Kumar, Sr.DS (LA), CSIR Member
5. Mrs. Manju Bagai, Legal Adviser, CSIR Member
The Committee shall examine the following issues:
1. Issue of stagnation in Groups I, II & III as under 5th Central Pay Commission, the scale of Rs.1350-2200 and Rs.1400-2300 were merged into one scale thus reducing the promotion avenues in these Groups.
2. Re-examine the recommendations Apex Committee in respect of Gr.I, II & III staff and see whether any benefit on the pattern of DRDO can be extended in the form of adding one more pay scale at the maximum in Gr.I, II & III.
3. Creation of separate Stenographer cadre in line with the recommendations of 5th CPC.
4. Further, the following issues may also be examined by the Committee:
i) Review the requirement of administrative staff in General, Finance, Store & Purchase and Stenographic cadres at different levels.
ii) To explore the possibility of conducting Administrative Cadre Review
iii) Creation/Up-gradation of posts at higher level to remove stagnation within the ambit of instructions
iv) Review the career progression scheme for persons belonging to Isolated categories and possible reduction in such staff
v) Review the existing Administrative Services (Recruitment & Promotion) Rules, 1982 and suggest changes, if any, in minimum qualification for posts filled through direct recruitment
A Sub-Committee comprising of the following to provide inputs on the above issues has also been constituted:
1. Shri R.S. Antil, CVO, CSIR
2. Mrs. Manju Bagai, Legal Adviser, CSIR
3. Shri Sushil Kumar, Sr. DS (LA)
4. Shri R.L. Sharma, Sr.DFA, CSIR
5. Shri R.K. Rao, Controller of Stores & Purchase, CSIR
6. Shri Y.K. Sharma, DS (CO) -- Member-Convener
[CSIR O.M.No.17(68)/97-PPS dt. 10-10-2006]
EMPLOYMENT OF CHILDREN BELOW 14 YEARS
The Central Govt. have enacted Child Labour (Prohibition & Regulation) Act, 1986. The Ministry of Labour & Employment have further augmented vide Notification S.O. 1029 (E) dated 10-7-2006, the following occupations in the Schedule to the Act, namely:
“(14) Employment of children as domestic workers or servants; (15) Employment of children in dhabas (road-side eateries), restaurants, hotels, motels, tea-shops, resorts, spas or other recreational centres.”
The above notification has come into force w.e.f. 10-10-2006 and has penal provision of fine (up to Rs.20,000/-) or imprisonment (up to one year), or both,
Employment of children below the age of 14 years will not only be a violation of the Conduct Rules but it will also be an offence under the said Act. These instructions should be followed by all Govt./Council servants in letter and spirit and in case any violation is reported, necessary disciplinary action as well as legal action may be taken.
[GI MPPG&P (DOPT) OM No.11013/6/2006-Estt.(A) dt. 31-8-2006; CSIR Lr. No.15-6(86)/98-PPS dt. 11-10-2006]
ISSUE OF “WARNING” TO A TRANSFERRED GOVT. SERVANT TRANSFERRED TO SOME OTHER DEPARTMENT
In case it is decided not to formally proceed against an Officer as a lapse which could not be considered serious enough for inviting disciplinary proceedings but serious enough to convey to the Officer a caution warning/displeasure of the Govt., this will be communicated to the Officer by the Ministry/Department concerned through the administrative Ministry where the Officer may be working at that time and two copies of the same shall be endorsed to DOPT for record.
Recordable warning must be placed in the ACR dossier as part of the ACR of the relevant year and communicated to the Officer concerned treating the same as adverse remarks.
[GOI MPPG&P DOPT O.M.No.134/1/2006-AVD-I dt. 31-8-2006 & No.134/9/93-AVD.I dt. 15-11-1993; CSIR Lr.No.15-6(82)/98-O&M-II dt. 11-10-2006]
FILLING UP OF VACANT POSTS
CSIR have advised all its Labs./Instts. that any action on recruitment of staff other than Gr.IV may be deferred forthwith excepting in the case of recruitment of staff under Special Recruitment Drive to fill up back-log vacancies reserved for SC/ST, compassionate appointments and regularization of Identified Casual Workers.
CSIR had taken up the issue with the GB to grant exemption from the operation of the instructions of DOE (MOF) and a proposal is being sent to Secretary, DOE MOF seeking exemption. Pending receipt of approval of the MOF, DG, CSIR has desired that recruitment action on all the posts which are lying vacant for more than six months may be kept in abeyance excepting vacancies to be filled under Special Recruitment Drive, etc.
As regards posts which are vacant for less than six months, proposals for seeking approval of the competent authority to fill up such posts may be sent to CSIR HQs. with proper justification.
[CSIR O.M.No.4-1(9)/2003-E.II dt. 11-10-2006]
RESERVATION FOR THEPERSONS WITH DISABILITIES
It has been complained that sometimes recruiting agencies in their advertisements calling for applications state that blind/partially blind candidates need not apply as a separate examination would be conducted for visually handicapped candidates.
Such an action is not consistent with the extant instructions on reservations for persons with disabilities as it will result in the possibility of eliminating handicapped candidates being selected on their own merit. Persons with disabilities who are selected on their own merit have to be adjusted against the unreserved vacancies and reservation has to be given in addition.
Hence, the persons with disabilities should not be debarred from applying for the posts identified suitable for them and should be provided opportunity to compete for the unreserved vacancies by holding a common examination.
[GOI MPPG&P&PA Lr. No.36035/8/2003-Estt(Res.) dt. 27-7-2006; CSIR Lr. No.19-1(1)/ 2006/SC/ST&PH Cell dt. 11-10-2006]
CEILING ON TWO FAMILY PENSIONS ADMISSIBLE TO CHILDREN
Consequent upon the revision of the rates and minimum and maximum limits of the family pension following the implementation of the recommendations of the 5th CPC, the maximum of ceiling on two family pensions admissible under sub-rule (11) of Rule 54 of the CCS (Pension) Rules, 1972 to child/children where both of his/their deceased parents were Govt. servants has been revised w.e.f. 1-1-1996 as detailed hereunder:
i) The existing maximum limit of Rs.2500/- p.m. laid down in sub-rule (11) (a) (i) revised upwards to Rs.15,000/- p.m.
ii) The existing maximum limit of Rs.2500/- p.m. laid down in sub-rule (11) (a) (ii) revised upwards toRs.15,000/- p.m.
iii) The existing maximum limit of Rs.1,250/- p.m. laid down in sub-rule 11 (b) revised upwards to Rs.9,000/- p.m.
[GOI MPPG&P DP&PW O.M.No.45/1/2001-P&PW(E) dt. 30-6-2005; CSIR Lr. No.34-1(11)/CSIR/Pen/2006-07/387 dt. 30-10-2006]
GUIDELINES FOR CHECKING DELAY IN SANCTION FOR PROSECUTION
1. In cases investigated by the CBI against any public servant who is not removable from his Office except with the sanction of the President (CSIR), the CBI forwards its final report of investigation to the CVC and also simultaneously endorses a copy of the report to the administrative Ministry/Department concerned, the competent authority shall within three weeks formulate its tentative view regarding the action to be taken and seek the advice of the CVC in the matter.
2. The CVC would tender its advice within ten days to the concerned administrative Ministry/Department which shall finalize its view in the matter within a week and issue orders for sanction of prosecution accordingly.
3. The concerned Ministry/Department shall refer the case to CVC for reconsideration only in exceptional cases when new facts come to light. The Committee of experts proposed to be set up by the CVC with experts drawn from civil services, PSUs and banks shall examine the CBI’s recommendation and the tentative view of the concerned Ministry/Department in greater detail and CVC would render appropriate advice to the competent authority based on the findings of the Expert Committee within a fortnight.
4. If the CVC on reconsideration advises for grant of sanction, the concerned Ministry/Department will issue the requisite orders immediately. However, if the concerned Ministry/Department proposes not to accept the reconsidered advice of the CVC, the case will be referred to the DOPT for a final decision.
5. The responsibility of processing cases for sanction of prosecution within the time limits laid down shall continue to remain with the Administrative Ministries/Departments. All pending cases for sanction of prosecution would be reviewed every month by the concerned Secretary to ensure that a decision in a case for grant of sanction for prosecution is taken within the given time-frame.
6. The CVC will call a meeting of Secretaries of such Departments where there are delays in according sanction for prosecution for a review from time to time and draw DOPT’s attention on such delays.
7. In case a decision is not taken by the Administrative Ministry/Department within the time limit laid down, the concerned Secretary of the Department shall mandatory forward a written explanation to the Cabinet Secretary for appropriate examination by the competent authority.
8. All such delayed cases will be placed before a Committee to be chaired by Secretary (Personnel) and comprising the Secretary of the Administrative Ministry/Department, Law Secretary and Director, CBI for scrutiny and recommendation. A copy of the explanation furnished by the Secretary to the Administrative Ministry/Department shall also be placed before the Committee. The recommendations of the Committee shall be forwarded to the Cabinet Secretary for orders of the competent authority.
[GOI MPPG&P DOPT O.M.No.399/33/2006-AVD-III dt. 6-11-2006; CSIR Lr. No.15-6(82)/ 98-O&M-II dt. 20-11-2006]
CLARIFICATIONS ON CSIR SCIENTIST RECRUITMENT RULES
CSIR Scientists Recruitment & Assessment Promotion (CSRAP) Rules, 2001 provides for relaxation of one year in the minimum residency period to a Scientist Gr.IV (2), (3) & (4) subject the condition that he/she consistently secures 90% and above marks in the ARPs in three successive years in the grade, but such Scientist should have completed the minimum residency period before considered for such benefit and three ARPs for the years 2001-02, 2002-03 and 2003-04 should be available for the purpose.
However, an anomalous situation has been observed wherein a Scientist appointed earlier is not getting such benefit as all the above three ARPs are not possible to be considered due to early due date of assessment whereas a Scientist appointed later has been found eligible for the said benefit.
In order to avoid such an anomalous situation, the following procedure has been prescribed:
1. Scientists Gr.IV (2) and (3) will be considered for early assessment on completing the minimum residency period not before the year 2004-05 and likewise Scientists Gr.IV (4) will be considered not before the year 2005-06.
2. The marks required for determining eligibility for such benefit should be actual marks and not based on any averaging.
3. One year earlier assessment and normal assessment due for having completed minimum residency period will be done in one sitting by the same Committee keeping the threshold for the one-year earlier assessment reasonably higher.
[CSIR Lr.No.1-2(1)/2006-RAB dt. 28-11-2006]
CALCULATION OF VACANCIES FOR COMPASSIONATE APPOINTMENT
Grouping of posts in small Offices/Cadres for the purpose of calculation of vacancies for appointment on compassionate grounds has been allowed. Consequently Group C&D posts (excluding technical posts) in which there are less than 20 Direct Recruitment (DR) vacancies in a recruitment year may be grouped together and out of the total number of vacancies, 5% may be filled on compassionate grounds, subject to the condition that appointment on compassionate grounds in any such post should not exceed one. For the purpose of calculation of vacancies, fraction of a vacancy either half or exceeding half but less than one may be taken as one vacancy. Total vacancies available for making DR would be calculated by deducting the vacancies to be filled on the basis of compassionate appointment from the vacancies available for DR.
It may happen that small Ministries/Departments (where no vacancy for compassionate appointment could be located under 5% quota for the last 3 years) may not be able to make a single compassionate appointment for a number of years due to non-availability of adequate DR vacancies in Gr. C&D posts arising in a year. Keeping in view the problem of non-availability of vacancies within the prescribed limit of 5% of DR vacancies in Gr. C&D posts, they may add up the total of DR vacancies in Gr. C &D posts arising in each year for 3 or more preceding years and calculate 5% of vacancies with reference to the grand total of vacancies of such years for locating one vacancy for compassionate appointment.
[GI MPPG&P DOPT OM No.14014/24/99-Estt.(D) dt. 28-12-1999; CSIR Endt. No. 17(108)78-E.II dt.10-4-2000; GOI DOPT O.M.No.14014/3/2005-Estt.(D) dt. 14-6-2006 & 9-10-2006; CSIR Lr.No.17(108)/2006-E.II dt. 28-11-2006]
NEW FINANCIAL ADVISER TO CSIR
Shri Shambhu Singh, IAS (MT:86), Director, DST has been appointed as Financial Adviser, CSIR (Jt. Secretary level) w.e.f. 11-12-2006 in the pay scale of Rs.18,400-22,400 for the balance period of his Central deputation tenure of five years i.e. up to 7-8-2007 or until further orders whichever is earlier vice Mrs. Rama Murali who is to complete her tenure as Financial Adviser, CSIR on 10-12-2006.
[GOI MPPG&P DOPT Order No.22/11/2006-EO(SM-I) dt. 21-11-2006; CSIR O.M. No.6-8 (2348)/2006-E.III dt. 1-12-2006]
INDUCTION OF NON-TECHNICAL STAFF
IN TO TECHNICAL SIDE (GR.I & II)
Induction of Non-Technical staff into Technical side was kept in abeyance for quite sometime. Pending reclassification of posts and approval of the GB, the DG, CSIR in consultation with the Legal Adviser, has revoked the abeyance.
[CSIR Lr.No.17/66/25/94-PPS dt. 8-12-2006]
DISPOSAL OF STORES
The Jt. Secretary (Admn.), CSIR has requested the Directors of CSIR Labs./Instts. to expedite the process of the disposal of stores as per Disposal Procedure dated 6-8-2002 by convening a meeting by the Standing Disposal Committee at the earliest.
[D.O. Lr.No.14-5(58)/2006-SVG dt. 14-12-2006]
BENEFIT OF TWO-YEAR EALIER ASSESSMENT PROMOTION TO
GR.III (6) TO (7) UNDER REVISED MANAS
Extension of benefit of two-year earlier assessment promotion under para 2.3.4 of Revised MANAS based on circular No.17/66/25/94-PPS dated 25-9-2006 would be applicable only from the date of notification.
[CSIR Lr.No.17/66/25/94-PPS dt. 18-12-2006]
COUNTING OF SERVICE RENDERED IN THE LOWER GROUP IN
IDENTICAL SCALE FOR ASSESSMENT IN HIGHER GROUP
In order to take a policy decision in respect of employees who have been placed in the higher group as per the provisions contained in para 6.4.7 of MANAS or para 2.3.5 of Revised MANAS in the identical scale held by them in the lower Group for extending the benefit of service rendered by them in the lower Group for assessment in higher Group or their placement in next grade of higher Group, CSIR have sought certain information from all the Labs./Instts.
[CSIR Lr.No.17/66/Equiv./94-PPS dt. 18-12-2006]
POSTING DETAILS OF EQUIPMENT PROCURED ON WEBSITE
It has been observed that same kind of equipment is being procured by different Labs./Instts. at different rates perhaps due to lack of idea as to what the sister Labs. have procured and at what rate. All the Labs./Instts. are required to post on their respective Websites the details of equipment costing Rs. One lakh and above purchased by them in a financial year including its specification, name of the firm and the price. The COSP/SPO of the Lab./Instt. shall be personally responsible for putting this information on the Website.
[CSIR Lr.No.15-1(82)/2001-O&M dt. 18-12-2006]
PROTECTION OF PAY OF CASUAL WORKERS (TS) ON REGULARIZATION
In pursuance of Hon’ble Supreme Court judgement dated 10-4-2006, and on receipt of further clarification from the DOPT, CSIR have informed that the Casual Workers who are conferred with Temporary Status are not given any scale of pay. They are only paid daily rated wages and for this purpose the minimum of the pay scale is taken into account. After 240 days service the increment factor is also taken into account for calculating daily wages since they are never placed in a proper scale of pay under the constitutional scheme of appointment and are not granted annual increments in a prescribed scale of pay, the question of any protection of pay on regularization does not arise.
[CSIR Lr.No.17/67/JCM/95-PPS dt. 18-12-2006]
CENTRAL GRIEVANCE COMMITTEE
The work of the Central Grievance Committee (CGC) has been re-allocated from Personnel Policy Section (Lab. Admn., CSIR) to the Recruitment & Assessment (R&D) Section.
[CSIR O.M.No.6-1(1)/82-E.III dt. 19-12-2006]
OBSERVANCE OF ECONOMY IN EXPENDITURE
Officers who are having facility of official cellular phone are getting international roaming facility activated for use during their visits abroad. DOE have clearly laid down that only the national roaming facility will be admissible within the monthly ceiling per month fixed in each category of Officers (inclusive of rental and call charges. International global roaming facility has not been allowed to be used. Alternatively, they can use the Embassy/Mission’s telephone facility for the purpose.
[GOI MF O.M.No.15/7/2006-IFU-III dt. 23-8-2006; Swamysnews, Oct. 2006, 9]
DISABILITY LEAVE TO THE VICTIMS OF THE MUMBAI BOMB BLAST
Keeping in view the seriousness of the recent Mumbai bomb blast, consequent upon which certain CG employees while returning to their homes after due performance of their official duties have also been injured/disabled during the incident, it has been decided that the provisions of Rule 45 of CCS (Leave) Rules, 1972 may be extended to such employees on humanitarian grounds, in relaxation of rule, subject to fulfilment of all the conditions laid down therein.
[GOI DOPT O.M. No.13019/1/2006-Estt.(L) dt. 12-8-2006; Swamysnews, Oct. 2006, 19-20]
RENEWAL OF PRIVATE MEDICAL PRACTIONERS AS AMA AT KOLKATA
In terms of Rule 2A (iv) of the CS (MA) Rules, 1944, a total number of 286 Private Medical Practitioners are renewed as Authorized Medical Attendants during the normal working hours for the treatment of the CG employees and members of their family stationed at or passing through Kolkata and its adjoining Municipalities which are not covered by CGHS for a period of one year up to 31-7-2007.
[GOI CGEWCC, KOLKATA Lr.No.CGEWCC/16/2006-07/32-AMA-1 dt. 27-7-2006; Swamysnews, Oct. 2006, 20-47]
NOMINATION OF GUARDIANS IN RESPECT OF PERSONS SUFFERING WTH MULTIPLE DISABILITIES
In terms of Item No. (vi) below proviso to sub-rule (6) of Rule 54 of the CCS (Pension) Rules, 1972 provides that in the case of a mentally retarded son or daughter, the family pension shall be payable to a person nominated by the Govt. servant or the pensioner, and in case no such nomination has been furnished to the Head of Office by such GS or pensioner during his lifetime to the person nominated by the spouse of such GS or family pensioner later on.
The above provisions shall continue to apply in respect of physically crippled/disabled children who are minor and the children suffering from any disorder or disability of mind as they are covered by the existing law for the purpose of obtaining guardianship certificate/appointment of guardian by the Court.
For the welfare of persons with Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities, Parliament has passed National Trust Act, 1999. Since the Guardianship Certificate under the Act is issued on the authority of the law passed by the Parliament, the same has to be accepted for nomination/ appointment of Guardian for grant of family pension in respect of person suffering from the above disabilities.
[GOI DP&PW O.M.No.1/4/06-P&PW(E) dt. 31-7-2006; Swamysnews, Oct. 2006, 49-50]
CLIMATIC RE-CLASSIFICATION OF NAGPUR
Nagpur has been re-classified as ‘both summer and winter station’ for the purpose of supply of Uniforms to eligible categories of Group C&D employees.
[GOI DOPT O.M.No.14/2/2006-JCA dt. 31-8-2006; Swamysnews, Oct. 2006, 56]
FINANCIAL UPGRADATION UNDER ACP
In terms of condition No.10 in the Annexure-I to O.M. dated 9-8-1999 and clarification No.22 in the Annexure to O.M. dated 10-2-2000, the first financial upgradation already granted to a person on completion of 12 years continuous service cannot be withdrawn even if the regular promotion is not accepted. But the second financial upgradation under ACP will be postponed by the period of debarment.
[Swamysnews, Oct. 2006, 101]
October, 2006
MONITORING COMMITTEE FOR IMPLEMENTATION OF ‘CHANGE TEAM’
In order to closely monitor the implementation of the recommendations of “Change Team” as specified in the Action Plan, the DG, CSIR has constituted the following Committee:
Dr. S. Sivaram, Director, NCL, Pune … Chairman
Shri Nikhilesh Jha, Jt. Secretary (Admn.), CSIR … Member
Dr. D. Yogeswara Rao, Head, TNBD, CSIR … Member-Convener
Terms of reference:
i) Monitor the implementation of the ‘Change Team’ recommendations vis-à-vis time schedule as specified in the Action Plan;
ii) suggest mid-course corrections and alternate action wherever necessary; and
iii) any other matter as referred by DG, CSIR
The Chairman may co-opt additional members as deemed necessary.
[CSIR O.M.No.28/KC/2006-TNBD dt. 27-1-2006]
DISPOSAL OF OBSOLETE BUT FUNCTIONAL COMPUTERS
Guidelines for disposal of obsolete but functional computers by CSIR HQs. and its Labs./Instts. through donation have been finalized as detailed hereunder:
1. Every CSIR Lab./Instt. should make obsolescence plans for computers and should identify obsolete but functional computers along with peripherals available for donation to Govt. schools in rural areas where these could be effectively utilized for teaching purpose. This exercise has to be taken up periodically (twice in a year) on the recommendation of Standing Disposal Committee on occasions like Technology Day, Lab. Foundation Day, etc. These computers along with peripherals will continue to be maintained by the Labs./Instts. till they are handed over to schools.
2. The Labs./Instts. may notify the details such as quantity, configuration, make, model, etc. to the Directorate of Education of the State(s) by giving them 45 days time to respond. Such information should also be kept on the Websites of the respective Labs./Instts.
3. If there is no response from the Directorate, the Labs./Instts. on their own can also approach Govt. schools. Based on the recommendations of the Standing Disposal Committee, the Director would approve and finalize donation and quantity for each of the school. The decision of the Director shall be final and binding.
4. The SPO of the Lab./Instt. would obtain the acknowledgement from the recipient school and update the stock ledgers. Thereafter a copy of the same may be endorsed to Finance along with an O.M. indicating the description of the computers, peripherals, date of procurement, budget head, book value, etc.
[CSIR Lr.No.4-5(65)/2005-06-SVG dt. 31-1-2006]
VERIFICATION OF ENTRIES IN SERVICE BOOKS
Every person who claims to belong to SC/ST/OBC has to produce a certificate in the prescribed form at the time of appointment to the appointing authority. Entries to this effect should invariably be made in the Service Book under proper attestation. It is always open to the appointing authority to verify the claim of a candidate through the District Magistrate of the place where the candidate and/or his family ordinarily resides. In any particular case, if the verification reveals that the candidate’s claim was false, his services may be terminated in accordance with rules.
The status of an SC/ST Officer has to be verified at the time of initial appointment and again at the time of promotion against a reserved vacancy. The COA/AO of each Lab./Instt. has to personally check all the Service Books to ensure that these instructions are scrupulously followed.
[CSIR Lr.No.17/68/2005-E.II dt. 31-1-2006]
RESERVATION FOR PHYSICALLY DISABLED
It is mandatory to all CSIR Labs./Instts. to strictly comply with the provisions of Section 33 of the “Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 for 3 per cent reservation while making recruitment to the posts identified as suitable for persons with disabilities.
[CSIR Lrs. No.19-1(2)1/2001/SC/ST-Cell dt. 31-8-2004 & 23-2-2006]
EXAMINATION OF PUBLIC PROCUREMENT CONTRACTS
The CVC has been emphasizing the need for close scrutiny by the CVO of the Public Procurement (Works/Purchases/Services) Contracts of the department/organization concerned to ensure that the laid down systems and procedures are followed and there is total transparency in the award of contracts.
The CVOs are required to be well-conversant with their organization’s works/ purchase manual. Wherever manuals are non-existent, they should be got prepared, and up-dated from time to time particularly in those organisations which have substantial procurement activities. The CVOs must get themselves familiarized with the earlier CTE examination reports and ensure that the lapses previously noticed are not repeated. For this purpose, the enclosed check-list (not printed here) may be referred.
[GOI CVC Circular No.21/05/06 dt.1-5-2006;CSIR Lr.No.15-1(120)/90-Vig.dt. 9-5-2006]
SANCTION FOR PROSECUTION U/S 19 OF THE PC ACT
On conclusion of investigation of a case revealing prima facie evidence to prosecute a public servant, the CBI sends its investigation report along with the relevant documents seeking sanction for prosecution required under Section 19 of Prevention of Corruption Act and Section 197 of Cr. P.C. In some of the cases, the concerned authority takes unusually long time in communicating the decision and it also entertains representations from the accused.
Hon’ble Supreme Court has observed that grant of sanction is an administrative act and question of giving any opportunity to the public servant at that stage does not arise. The sanctioning authority has only to see whether facts would prima facie constitute the offence. The competent authority cannot embark upon an enquiry to judge the truth of the allegation on the basis of the representation filed by the accused person or the Investigating Officer to offer his comments or to further investigate the matter.
The guidelines for according sanction for prosecution under Section 19 of PC Act are reiterated hereunder:
i) Grant of sanction is an administrative act. The purpose is to protect the public servant from harassment by frivolous or vexatious prosecution and not to shied the corrupt. The sanctioning authority has only to see whether the facts would prima facie constitute the offence.
ii) The sanctioning authority cannot embark upon an inquiry to judge the truth of the allegations on the basis of representation which may be filed by the accused person before the authority by asking the Investigating Officer (IO) to offer his comments or to further investigate the matter in the light of representation made by the accused person or by otherwise holding a parallel investigation/enquiry by calling for the record/report of his department.
iii) When an offence alleged to have been committed under the PC Act has been investigated by the Superintendent of Police Establishment, the report of the IO is invariably scrutinized by the DIG, IG and thereafter by DG (CBI). Then the matter is further scrutinized by the concerned Law Officers in CBI.
iv) When the matter has been investigated by such a specialized agency and the report of the IO of such agency has been scrutinized so many times at such high levels, there will hardly be any case where the Govt. would find it difficult to disagree with the request for sanction.
v) The accused person has the liberty to file representations when the matter is pending investigation. When the representations so made have already been considered and the comments of the IO are already available before the competent authority, there can be no need for any further comments of IO on any further representation.
vi) A representation subsequent to the completion of investigation is not known to law, as the law is well established that the material to be considered by the authority is the material which was collected during investigation and was placed before the authority.
vii) However, if in any case, the sanctioning authority after consideration of the entire material placed before it, entertains any doubt on any point, the authority may seek clarification from the authority who sought sanction. But that would be only to clear the doubt in order that the authority may apply its mind proper and not for the purpose of considering the representations of the accused which may be filed while the matter is pending sanction.
viii) If the sanctioning authority seeks the comments of the IO while the matter is pending before it for sanction, it will almost be impossible for the authority to adhere to the time limit of 3 months allowed by Supreme Court.
[CVC Order No.005/VGL/11 dt. 12-5-2006; GOI MPPG&P DOPT D.O.No.245122/2005-ACVD-II dt. 5/12-4-2006; CSIR Lr. No.15-6(82)/98-O&M dt. 15-5-2006]
PROMPT REPLY TO MEMBERS OF PARLIAMENT
The Central Secretariat Manual of Office Procedure specifies that communications received from the Members of Parliament should be attended to promptly and acknowledged within 15 days, followed by a reply within the next 15 days. In cases where delay is anticipated, an interim reply should be given indicating the possible date for a final reply. The need for fortnightly review and monitoring of disposal of such references by the senior Officers has also been emphasized.
[GOI MPPG&P DOPT D.O.Lr.No.48011/5/2006-O&M dt. 23-5-2006; CSIR Lr.No.15-6(82)/ 98-O&M dt. 7-7-2006]
TRANSPARENCY IN CONTRACTS
It has been observed that Works/Purchase/Consultancy contracts are awarded on nomination basis in a number of cases. There is a need to bring greater transparency and accountability in the award of such contracts. While open tendering is the most preferred mode of tendering, even in the case of limited tendering, the Commission has been insisting upon transparency in the preparation of panel.
If award of contract on nomination basis by the PSUs becomes inevitable, it should be brought to the notice of the Board of the respective PSUs for scrutiny and vetting post facto once in three months. The audit committee is required to check at least 10% of such cases.
[CVC Circular No.15/5/06 dt. 9-5-2006; CSIR Lr.No.15-1(120)90-Vig. dt. 18-7-2006]
SPLIT DUTY ALLOWANCE
The award of the Board of Arbitration with regard to grant of split duty allowance to Sweepers and Farashes in Central Secretariat and Allied Offices has been accepted by the GoI. Accordingly, the Sweepers and Farashes actually performed/performing split duties with a break of not less than two hours duration in between the shifts have to be paid an allowance of Rs.100/- per month w.e.f. 6-2-1995 in the form of ‘Split Duty Allowance’ to those who have not been provided residential accommodation within the periphery of one Km. from the place of their duty.
[GOI MOF (DOE) O.M. F.No.9(20)/2000-E.II(B) dt. 28-12-2004; CSIR Lr.No.17(68)/2004 -E.II dt. 2-8-2006]
ROLE OF VIGILANCE OFFICERS IN CSIR LABS./INSTTS.
The Central Vigilance Commission has been emphasizing the need to make the vigilance mechanism effective and responsive. As a step in this direction, it has been decided that:
1. Whenever a complaint is sent by CSIR HQs. to the Lab./Instt. for investigation, prompt and meaningful investigation is to be initiated in the matter. Inordinate delay in investigation of the complaints reflects poorly on the performance of the Vigilance Officer.
2. If any serious irregularity is noticed by the Vigilance Officer, it should be reported forthwith to the CVO.
3. The Vigilance Officer should monitor the recruitment process in the Lab./Instt. If any case of recruitment in violation of laid down rules and procedures is noticed, it should be reported to the CVO.
4. Vigilance Officer shall ensure that the charge sheets are carefully drafted.
5. Vigilance Officer shall ensure that CVO is consulted before a decision is taken in a case by the Disciplinary or Appellate Authority, irrespective of the level of the Officers involved.
6. The Vigilance Officer shall take utmost care in sending the monthly/quarterly/annual reports of vigilance/disciplinary cases. If any vigilance-related issue is required to be brought to the notice of CVO, additional sheets can be attached.
7. The Quarterly Progress Reports should contain details of all projects and progress relating thereto and the Vigilance Officer shall be responsible for its accuracy.
8. Vigilance Officer shall ensure that whenever a case is being referred to CVC for its advice, all the documents related with the case along with Biodata of the concerned official(s) in prescribed pro forma and views of the disciplinary authority are sent to the CVO.
[CSIR Lr.No.15-6(83)/98-O&M (Vol.III) dt. 8-8-2006]
PROSECUTION OF CENTRAL GOVT. OFFICIALS WORKING UNDER STATE
The CVC has noted that in certain cases, the competent authority in the concerned Central Govt. (CG) organization has declined the request of the State Anti-Corruption Bureau for sanction of prosecution against certain CG Officials in cases investigated by the concerned State ACB.
The Commission has felt that there is a need to establish a mechanism to resolve such differences of opinion between them. Accordingly, the CVC has decided that the following procedure as given under para 11.2 of Chapter VII of Vigilance Manual (Vol. I) in respect of cases investigated by the CBI as reproduced hereunder may be followed:
a) In the case of Govt. servants, the competent authority may refer the case to its Administrative Ministry/Department which may after considering the matter, either direct that prosecution should be sanctioned by the competent authority or by an authority higher to the competent authority or in support of the view of the competent authority, forward the case to the CVC along with its own comments and all relevant material for resolving the difference of opinion between the competent authority and the CBI. If the Ministry/Department concerned proposes not to accept the advice of CVC to prosecute, the case should be referred to DOPT for a final decision.
b) In the case of public servants other than Govt. servants (i.e. employees of Local Bodies, Autonomous Bodies, Public Sector organisations, Nationalized Banks, Insurance companies, etc. the competent authority may communicate its views to the Chief Executive of the organization who may either direct that sanction for prosecution should be given, or in support of the views of the competent authority have the case forwarded to the CVC for resolving the difference between the competent authority and the CBI.
If the difference of opinion persists, the case should be referred to the CVC irrespective of the level of the official involved whether he is under the normal advisory jurisdiction of the Commission or not.
[GOI CVC Order No. 23/6/06 dt. 23-6-2006; CSIR Lr. No. 15-6(83)/98-O&M-III dt. 17-8-2006]
FOREIGN VISITS UNDER AUSTERITY MEASURES
With a view to rationalizing the expenditure on foreign travel, it has been decided that generally no Officer should undertake more than 4 official visits abroad a year on functional basis. If the nature of work demands a larger number of visits, a calendar of visits for the entire year should be prepared in advance and visits prioritized. Detailed justification would be required to be furnished if proposals for visits exceed four. Such visits will be allowed only in exceptional cases.
Accordingly, before seeking the concurrence of the Financial Adviser, the proposals for foreign visits have to be carefully examined and it should be ensured that the proposals are covered by extant norms, budget provisions and the guidelines.
[GOI MOF (DOE) O.M.No.23(2)/2006/E-Coord. Dt. 18-8-2006]
ADMINISTRATIVE FUNCTIONS OF VIGILANCE OFFICER
The provisions of the Purchase Procedure, 2002 require the COA or the AO to function as the Chairman of the Standing Purchase Committee-I, and as Member of SPC-II. Either of these Officers also functions as the Vigilance Officer of the Lab./Instt.
If the Director of the Lab. desires, AO can be appointed as the Vigilance Officer while the COA functions as the Chairman/Member of the SPCs. In such case, the AO shall report to the Director on all Vigilance matters and he will not oversee Works & Services. Where a single Officer at the level of COA/AO is posted, he will continue to function as the Vigilance Officer of the Lab. In partial modification of the above, the following has been approved:
1. Where Sr.COA/COA and AO are in position, the Sr.COA/COA shall be the Vigilance Officer. In case Sr.COA/COA is not considered suitable to be nominated as Vigilance Officer, the CVO, CSIR shall be consulted for nominating Administrative Officer as Vigilance Officer of the Lab./Instt.
2. The Officer who is nominated as Vigilance Officer shall not be associated with activities relating to Purchase, Civil/Electrical, Works & Services. The other Officer belonging to General Cadre may be assigned these functions.
3. In a Lab./Instt. where only one Officer i.e. either COA/AO is posted, he shall function as Vigilance officer and the seniormost Section Officer (G) may be assigned with the functions relating to procurement and Works & Services.
[CSIR Lr. No. 15-1(82)/2001-O&M dt. 3-5-2005 & 24-8-2006]
TRANSPORTATION OF PERSONAL EFFECTS ON TRANSFER
The expenses towards Service Tax and Education Cess included in the bill for transportation of personal effects, household goods, etc. on transfer by road will be reimbursed up to the ‘permissible limit’ (in terms of permissible load) of the claim. Any tax paid beyond permissible limit of claim will not be reimbursed.
[GOI MOF O.M.No.D.No.316/E-IV/2006 dt. 14-2-2006; Swamysnews, Sept.2006, 16-17]
ASSURED CAREER PROGRESSION SCHEME
In terms of clarification No.8 in the Annexure to O.M. dated 10-2-2000 under Chapter 4 (ACP Scheme) in “Swamy’s compilation on Seniority and Promotion in Central Government Service”, Stenographers appointed from amongst LDCs should be treated as direct recruits for the purpose of benefits under ACP and the service rendered in the lower pay scale should not be counted for ACP. The date of appointment as Stenographer has to be reckoned for giving financial upgradation under ACPS.
[Swamysnews, Sept. 2006, 97-98]
PENSIONARY BENEFITS ON GROUNDS OF INVALIDATION
As per GID (1) below Rule 38 of CCS (Pension) Rules, 1972, if a Govt. servant intends to retire on medical grounds, he should make it known by him/herself. Even if the Govt. servant is not in a position to express him/herself, the spouse of such a Govt. servant cannot apply for the retirement on grounds of invalidation.
[Swamysnews, Sept. 2006, 99-100]
September, 2007
REIMBURSEMENT OF COST OF NEURO-IMPLANTS
Reimbursement of cost of Neuro-implants, viz., Deep Brain Stimulation Implants, Intra-thecal Beclofen Pump, Intra-thecal Morphine Pump, Spinal Cord Stimulators is permissible now for CGHS beneficiaries/beneficiaries covered under CS (MA) Rules, 1946, subject to the following conditions:
Implant and cost ceiling:
DBS Implant
Rs.3,46,153 + VAT Rs.13,847 (Rs.3,60,000) Cost of battery: Rs.2,40,385 + VAT Rs.9,615 (Rs.2,50,000) or actual whichever is less. Life of battery: 3-5 years
Prescribing authority: Neurologist of a Govt. Hospital
Implant and cost ceiling:
Intra-thecal Beclofen pump Intra-thecal Morphine pump
Rs.2,51,923 + VAT Rs.10,077 (Rs.2,62,000) Intra-thecal Infusion pump: Rs.2,16,346 +
VAT Rs.8,654 (Rs.2,25,000) or actual whichever is less. Life of battery: up to 7 years
Recurring expenditure on Beclofenand Morphine as per rules applicable to OPD
medicines.
Prescribing authority: Any two Govt. Specialist of concerned Speciality/Head of Department of Neurology/Neuro-Surgery/ Anaesthesiology
Implant and cost ceiling:
Spinal Cord stimulators
Rs.2,51,923 + VAT Rs.10,077 (Rs.2,62,000) Cost of battery: Rs.1,92,308 + VAT Rs.7,692 (Rs.2,00,000) or actual whichever is less
Prescribing authority: Any two Govt. Specialist of concerned Speciality/Head of Department of Neurology/Neuro-Surgery/Anaesthesiology
* Replacement of battery before 4 years may be permitted in exceptional cases on the
basis of justification provided by the treating specialist on case to case basis by the
DH&FW.
* Warranty for two years from the date of implantation with free replacement, if battery failure or malfunction of device is reported.
* The prices shall remain in force till 31-3-2008 and in case of any fall in prices, the
company shall charge at lowered rates.
* Approving authority: CGHS: Addl. Director of the concerned city. Under CS (MA) Rules: DDG (M) or equivalent level Officer of Dte. General of Health Services
[GOI MH&FW O.M.No.12014/2005/CGHS(R&H)CGHS(P) dt. 23-6-2006; Swamysnews, Sept. 2006, 24-26]
EPSRC FELLOWSHIP AS PRESTIGIOUS FELLOWSHIP
The Fellowship awarded by the Engineering & Physical Science Research Council, United Kingdom has been identified to be one of the prestigious Fellowships in terms of Para 7.2 of "Guidelines for Visits Abroad of CSIR Scientists" thus qualifying for extension of deputation terms to the awardee.
[CSIR Lr No.43(1)/2004-ISTAD dt. 22-8-2006]
DEPUTATION OF CG EMPLOYEES TO EX CADRE POSTS
In terms of Para 8.8 of GoI DOPT O.M.No.2/29/91-Estt.Pay II dated 5-1-1994, if the Central Govt. employees on deputation to ex cadre posts under Central/State Govts. and on foreign service to Central/State PSUs/Autonomous Bodies become entitled to a scale of pay higher than the scale of pay attached to the ex cadre post on account of pro forma promotion in the parent cadre under Next Below Rule, they may be allowed to complete the normal tenure of deputation, subject to the provision in Para 8.7 of the O.M. cited but no further extension of the period of deputation should allowed in such cases.
On reconsideration, the Govt. has decided that if an Officer becomes due for pro forma promotion in his parent cadre while in the extended period of deputation, he may be allowed the benefit of pro forma promotion and complete the normal/extended tenure already sanctioned but may not be given any further extension in the deputation period.
[GoI DOPT O.M.No.2/29/91-Estt.Pay II dt. 20-6-2006; Swamysnews, Sept. 2006, 21-22]
DETERMINATION OF VACANCIES FOR COMPASSIONATE APPOINTMENTS
The existing ceiling of 5% for compassionate appointment may be calculated on the basis of total direct recruitment vacancies for Groups C and D posts (excluding technical posts) that have arisen in the year. Total vacancies available for making direct recruitment would be calculated by deducting the vacancies to be filled on the basis of compassionate appointment from the vacancies available for direct recruitment in terms of existing orders on optimization.
[GOI DOPT O.M.No.14014/3/2005-Estt.(D) dt.14-6-2006; Swamysnews, Sept. 2006, 29]
DEALING WITH MEMBERS OF PARLIAMENT/STATE LEGISLATURES
Officers should note that one of the guidelines given in dealing with the Members of Parliament/State Legislatures is that the they should not ignore telephonic messages left for him by the MPs/MLAs in their absence and should try to contact them at the earliest.
[GOI DOPT O.M. No.11013/6/2005-Estt.(A) dt. 16-6-2006; Swamysnews, Sept. 2006, 34-35]
August, 2007
RIGHT TO INFORMATION ACT
For an effective and proper implementation of the Right to Information Act, awareness among the citizens is an important ingredient. In view of a national awareness-cum-assistance campaign on Right to Information is being planned from 1st to 15th July, 2006 by a number of civil society groups, it is desirable to initiate the following:
1. The Public Information Officers (PIOs), Assistant PIOs and Appellate Authorities are identified and notified in all public authorities which are set up from the budget of Ministry/Department or under their administrative control.
2. Details of nodal Officer appointed for implementation of the Act, the complete list of PIOs/APIOs and Appellate Authorities along with their contact details should be furnished to the CIC.
3. Awareness should be generated through print and electronic media regarding the name of the bank and account into which the DD or Banker’s cheque is accepted.
4. If PIOs having different jurisdictions are appointed, it may be arranged that applications received by any PIO are directed to the PIO concerned under intimation to the applicant.
5. In case a person writes directly to the Head of Department/Office enclosing the required fee, it should be ensured that application reaches the proper PIO under intimation to the applicant.
6. Request for information sought in writing on a plain submitted either in person or by post paper or through electronic means should be entertained.
[GOI DOPT O.M. F.No. 11/23/2006-IR dt. 19-6-2006 and No.1/4/2006-IR dt. 21-2-2006]
DR. V.S. RAMAMURTHY TAKES OVER AS CHAIRPERSON OF R.A.B.
Dr. V.S. Ramamurthy has assumed charge of the position of Chairperson of the Recruitment & Assessment Board on the forenoon of 4th July, 2006. His tenure shall be for a period of three years from the date of taking over.
[CSIR O.M. No. 6-3(117)/2006-E.III dt. 5-7-2006]
SCHEME FOR MOBILITY OF SCIENTISTS
Title: Mobility of Scientists/Technologists/Engineers from CSIR to Industry/R&D Institutions and vice versa.
Date of effect: 1st June, 2005
The effective date of the scheme from CSIR to Industry/R&D Institutions and vice versa shall be from 10th July, 2006.
Objectives: To promote and facilitate mobility of Scientists for building newer skills, competencies and capabilities on a "Lender and Borrower" concept.
Areas of interest: The mobility between CSIR and other organizations shall be for R&D and associated functions such as technology dissemination and diffusion, business development, knowledge management, technology and intellectual property management, quality assurance, informatics, information technology, etc.
Lender/Borrower: Mobility could be effected on specific request from borrowing organization and on the acceptance of the lender.
The objective of such mobility must be clearly identified and spelt out in the proposal. The CSIR Lab./Instt. would further need to justify the reasons for such lending.
In case of mobility abroad, the status of the specific R&D area in the country vis-à-vis the needs of the borrowing country along with the basis for identifying the chosen organization abroad has to be explained.
Applicability: CSIR Scientists/Technologists/Engineers in Group IV & III who have rendered not less than six years of service and having at least six more years of service left before superannuation.
Duration: Two years
Remuneration: The CSIR Scientist shall continue to receive (leave) salary and other allowances during the period of mobility, in addition to any stipend, remuneration, bursary, honorarium or ad hoc payment offered by the host-organization. CSIR should be kept informed of it.
In respect of Scientists/Technologists/Engineers joining CSIR, the individual Lab./Instt. shall be free to work out the terms and conditions on case to case basis.
Mode of selection: Selection will be through a duly constituted Committee.
At Lab./Instt. Level: Committee constituted by the Director consisting of Director, two senior Scientists of the Lab./Instt. at the level of Scientist G/F, Director/Scientist from a sister Lab./Instt. and a Member of Research Council of the Lab. concerned.
CSIR HQs.: A Standing Committee constituted by the DG, CSIR, comprising of Director of a Lab./Instt., two Divisional Heads, Head of the Division concerned, and Head, TNBD, CSIR (Convener).
Modus operandi: Recommendations of the Selection Committee have to be forwarded to TNBD, CSIR HQs. for further processing and approval by the DG, CSIR.
Execution of Bond: Council employee has to execute a bond worth Rs.5.00 lakh with CSIR undertaking that the period of mobility shall be utilized for bona fide purposes and for furthering the interest of the organization.
Accommodation: The Scientist shall be allowed to retain Council accommodation on the same terms and conditions as applicable to serving Council servants. The period of absence shall be treated as duty and reckoned as residency period for assessments.
Medical facilities: Family members of the Officer of the lending organization shall be covered by Medical & Health Insurance, if they are retained at the Head Quarters of the lending organization.
Funding: Lab. Budget (CSIR HQs. Budget) or LHRF as may be necessary.
Rider: In respect of those who are under any bond obligation should complete the service criteria before getting considered for mobility. The duration of mobility shall be limited to a maximum period of two years and such provision can be utilized once in 10 years, subject to a maximum two occasions.
Relaxation of rules: Director-General, CSIR
[CSIR O.M.No.4/CMG/2006-TNBD dt. 10-7-2006]
CPAP/BIPAP MACHINES FOR DOMICILIARY USE
Request for CPAP/BIPAP machine for domiciliary use of beneficiaries under CS (MA) Rules, 1946 may be considered on the following conditions:
i) individual request for permission/ex post facto approval should be considered by a Screening Committee consisting of DDG (M), Directorate of GHS and two Medical Specialists in the concerned field;
ii) request should be accompanied by copies of Sleep Lab. Report and all basic investigation reports;
iii) beneficiary concerned will have to submit an affidavit for return of the machine to the Department concerned after its utility; and
iv) the maximum ceiling limit: CPAP machine Rs.50,000/-; and BIPAP machine Rs.1.00 lakh.
The machine shall be provided once in a lifetime to a particular beneficiary. The responsibility for maintenance shall lie with the beneficiary.
[GOI MH&FW O.M.No.S.14025/6/2006-MS dt.10/19-5-2006; Swamysnews, July 2006, 8]
ADMISSIBLE AYURVEDA, SIDDHA, UNANI AND HOMOEOPATHIC MEDICINES
The list of admissible medicines in Ayurveda, Siddha, Unani and Homoeopathic systems for the purpose of reimbursement have been drawn up in three categories, viz.:
a) General medicines which may be prescribed by all Authorized Medical Attendants;
b) Costly and restricted medicines deemed to be essential life-saving medicines having curative properties may be prescribed by Group A and B Officers or by the doctor of equivalent rank not below the rank of Gr. B Officer (Class II) and;
c) The treatment like “Panchakarma” therapy which may be prescribed only by a Group A Officers by or by a doctor of equivalent rank. In case of non-availability of such an Officer at a station, Gr. B Medical Officer can prescribe.
The cost of medicines admissible will be reimbursed on the basis of the prices indicated in the catalogues of Pharmacies concerned.
For full list, original order may be referred.
[GOI MH&FW F.No. S.14025/19/2004-MS (Pt.) dt. 24-5-2006; Swamysnews, July 2006, 9-50]
MATERNITY LEAVE AVAILED IN BETWEEN TWO SPELLS OF EOL
In terms of Rule 32 (2) of CCS (Leave) Rules, 1972, two spells of EOL, if intervened by any other kind of leave such as Maternity Leave shall be treated as one continuous spell of EOL only for the purpose of taking into account the maximum number of days of EOL at a stretch; and such continuous spell cannot be interpreted for any other purpose.
[Swamysnews, July 2006, 106]
UNDRAWN INCREMENT FOR DETERMINING
ENTITLEMENT OF CLASS FOR TRAVEL
As per GIO (11) below FR 26, increment of the employee is to be admitted from the first of the month in which it falls due. The increment due from that date has to be considered for all purposes though not actually drawn till the end of that month due to any reason.
[Swamysnews, July 2006, 107]
July, 2006
REPRESENTATIONS ON SERVICES ISSUES
In terms of Rule 20 of the CCS (Conduct) Rules, 1964, no Council employee should attempt to bring any political or outside influence to bear upon any superior authority to further his/her interest in respect of service issues. It has been observed that there is a spurt in such cases and also that representations are being addressed to the Director-General, CSIR/higher authorities directly in violation of rules/instructions issued from time to time on the subject. In this connection, the Council employees are advised in their own interest to exhaust all the internal sources such as representing to the Director of the Lab., writing to Local Grievance Committee, etc. before seeking the intervention of the CSIR through proper channel.
It has been observed that representations or advance copies of such representations are being addressed to the Hon'ble President/VP, CSIR, DG, CSIR and other higher authorities directly. As per rules, "no appeal or representation must be made unless the appropriate lower authority has already rejected the claim or refused relief or ignored or unduly delayed the disposal of the case. Representation to still higher authorities must not be made unless all means of securing the attention or redressal from lower authority have been exhausted; and even in such cases the representation must be submitted through proper channel".
Any representation received directly from the employees of the Lab./Instt. will not be entertained.
[CSIR Lr. No. 17(66)/94-PPS dt. 23-5-2006; read with Lr. No. 17(226)/97-E.II dated 24-11-1997 & 25/27-9-2002]
APPELLATE AUTHORITY UNDER R.T.I. ACT
Dr. Naresh Kumar, Head, RDPD, CSIR HQs., New Delhi has been nominated as the Appellate Authority for considering the cases of appeal under Section 19 (1) of Right to Information Act, 2005.
[CSIR O.M.No.6-9(131)/99-E.III dt. 24-5-2006]
CONSOLIDATION OF CORE COMPETENCIES OF CMRI AND CFRI, DHANBAD
The Director-General, CSIR has appointed Prof. S.P. Mehrotra, Director, NML, Jamshedpur to:
1. act as "Mentor" and provide necessary advice to Officer-on-Special-Duty (OSD) in matters relating to implementation of the action plan derived by Transition Management Advisory Committee (TMAC) for the consolidation of CMRI and CFRI;
2. interact and interface between TMAC, RC (new entity), OSD and DG, CSIR for smooth implementation of action plan; and
3. participate in TMAC meetings and to provide necessary inputs and advise to OSD.
Further, the Director-General, CSIR has also appointed Dr. Amalendu Sinha, Acting Director, CMRI as Officer-on-Special-Duty (OSD) in addition to his duties as Acting Director, CMRI with the following functions:
1. Implement the detailed action plan derived by the Transition Management Advisory Committee (TMAC) from the Mission, Vision & Strategic plan arrived by the Research Councils of CMRI and CFRI for the consolidated entity of Central Institute of Mining & Fuel Research (CIMFRI).
2. Co-ordinate and provide necessary logistic support to TMAC for conducting meetings on implementation consolidation.
3. Submit periodical reports to DG
4. Submit proposals concerning consolidation to DG/Head, RDPD in all matters which require the approval of competent authority.
5. Interact with Prof. S.P. Mehrotra, Director, NML, Jamshedpur who has been appointed as "Mentor" by the DG for necessary advice and guidance.
6. Shall exercise all financial and administrative powers of Director of CSIR Laboratory.
7. Shall be responsible and accountable for implementing the Action Plan for consolidation.
The tenure in the case of 'Mentor' as well as 'OSD' shall be 1 year w.e.f. the date of appointment or till the appointment of a new Director for the consolidated entity whichever is earlier.
[CSIR O.M. Nos. 4(4-16)/2006-E. II dt. 2-6-2006]
CSIR DIAMOND JUBILEE PRIZE FOR EXCELLENCE IN SPORTS
CSIR have invited applications for ”CSIR Diamond Jubilee Award for Excellence in Sports” which carries a Cash Prize of Rs.25,000/- and a Citation to be awarded annually one for Sportsman and one for Sports-woman) to be submitted in prescribed pro forma through proper channel by 30th July, 2006. For further details, COAs of respective Labs./Instts. may be contacted.
[CSIR O.M.No.1-22/DIA/2003-SPB dt. 5-6-2006]
ACCEPTANCE OF DIRECT OFFERS OF FOREIGN ASSIGNMENT
It has been observed that Govt. Officers dealing with international organizations, accepting direct offers of Foreign Assignments/Consultancies from such organizations without completing the prescribed cooling-off period of two years, without the requisite clearance from the cadre controlling authority and the Foreign Assignments (UN) (FA-UN) Division of DOPT. Indian Officers dealing with international organizations are barred from taking up foreign assignments in such organizations for a period of two years after they have relinquished charge of their post.
The cadre controlling authorities are required to ensure that the Officers of their respective cadres do not take up direct offers without the prior clearance of the FA (UN) Division of DOPT. Any deviation from the provision will be viewed seriously and disciplinary proceedings could be initiated against the Officers concerned.
[GOI MOST DSIR O.M.No.A-60011/01/2006-Admn. dt. 22-5-2006 & DO No.3/2/2006-FA(UN) dt. 28-4-2006; CSIR Endt. No.17(Misc.)(Cir.)/2004-ISTAD dt. 6-6-2006]
GROUP TO SCRUTINIZE THE REQUESTS UNDER R.T.I. ACT
The DG, CSIR has constituted the following Group:
Smt. Manju Bagai, Legal Adviser
Shri Sushil Kumar, Dy. Secretary (Lab. Admn.)
Shri Girish Chopra, Dy. Secretary (Central Office)
Shri K.K. Chopra, Dy. Secretary (R&A)
to examine requests received for information under R.T.I. Act, 2005 as referred by the Public Information Officer, CSIR so that the decisions regarding communication of information are based on administrative and legal scrutiny and in cases where information is not to be given, the PIO's response is considered and speaking.
[CSIR O.M. No. 6-9(131)/2005-E. III dt. 8-6-2006]
RESERVATION TO PHYSICALLY CHALLENGED
The Chief Commissioner for Persons with Disabilities observed that in spite of issue of show cause notices, certain organizations continue to publish advertisements for filling up vacancies without providing reservation for persons with disabilities or indicating that the vacancies do not fall against the reserved points of the roster. As a result, the persons with disabilities are deprived of their entitlement.
Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of instructions. As such, the Organizations have to maintain separate reservation rosters for persons with disabilities, reserve vacancies for them and in case the vacancies do not fall against the reserved points, the advertisement must indicate the points on which the advertised vacancies fall.
Submission of returns as required under Section 34 of the Act in prescribed forms have to be ensured. The Liaison Officers are to be instructed to ensure compliance with the provisions of the Act and the directions of DOPT. A copy of such directions have to be sent to the Ministry.
[GOI MSJ&E Lr.No.11-3/CCD/2004 dt. 20-4-2006; CSIR Lr.No.19-1(2)/2006/SC/ST-Cell dt. 9-6-2006]
ASSURED CAREER PROGRESSION SCHEME FOR CANTEEN EMPLOYEES
The Staff Inspection Unit (SIU) of Ministry of Finance (DOE) studied the norms for the staffing pattern in the Non-statutory Departmental Canteens in CG Offices. These recommendations, inter alia, provide upgraded pay scales and revised designations for certain categories in the Non-Statutory Departmental Canteens which are detailed hereunder:
S.No.
Designation
Pay scale (Rs.)
1.
General Manager
5500-9000
2.
Dy. General Manager
5000-8000
3.
Manager, Gr.II
5000-8000
4.
Manager-cum-Accountant
5000-8000
5.
Asst. Manager-cum-Storekeeper
4000-6000
6.
Clerk
3050-4590
7.
Halwai-cum-Cook
3200-4900
8.
Asst. Halwai-cum-Cook
3050-4590
9.
Tea/Coffee Maker
2610-3540
10.
Bearer
2610-3540
11.
Wash Boy
2550-3200
12.
Safaiwala
2550-3200
With effect from 22-12-2004, the pay scales as per the restructured promotional hierarchy as detailed hereunder will be applicable for the grant of 1st and 2nd financial up-gradations under the Scheme. Canteen staff who have already got financial upgradations as per the earlier hierarchy would also need to be revised w.e.f. 22-12-2004.
Standard pay scales available to the staff of Non-Statutory Refreshment Canteens/Tiffin Rooms located in Central Govt. Offices
S.No.
Designation
Pay scale
(Rs.)
1st ACP scale (Rs.)
2nd ACP scale
(Rs.)
1.
Safaiwala
2550-3200
2610-3540
2750-4400 (for non-matriculates)
3050-4590 (for matriculates)
2.
Wash Boy
2550-3200
2610-3540
2750-4400 (for non-matriculates)
3050-4590 (for matriculates)
3.
Bearer
2610-3540
2750-4400
(for non-matriculates)
3050-4590
(for matriculates)
3200-4900 (for non-matriculates)
4000-6000 (for matriculates)
4.
Tea/Coffee Maker
2610-3540
3050-4590
3200-4900 (for non-matriculates)
4000-6000 (for matriculates)
5.
Asst. Halwai-
cum-Cook
3050-4590
4000-6000
5000-8000
6.
Clerk
3050-4590
4000-6000
5000-8000
7.
Halwai-cum-Cook
3200-4900
4000-6000
5000-8000
8.
Asst.Manager-cum-Store-
keeper
4000-6000
5000-8000
5500-9000
9.
Manager-cum-Accountant
5000-8000
5500-9000
Since the post has to be filled by way of promotion only, there is no element of Direct Recruitment for the post, 2nd ACP scale has not been specified.
10.
Manager Gr. II
5000-8000
5500-9000
-do-
11.
Dy. General
Manager
5000-8000
5500-9000
-do-
12.
General Manager
5500-9000
Since the post will be occupied by any individual only after availing two promotions, there is no need to specify any ACP scale for this post
[GoI DOPT O.M.No.3/4/2005-Dir.(C) dt. 10-4-2006]
AMENDMENT TO GFR, 2005
In pursuance of CVC's guidelines banning post-tender negotiations except with Lowest-1 (L-1) bidder (Highest-1 (H-1) in case of sale of materials), necessary amendments to Chapter 7, Rule 198, Clause (ii) (d); Chapter 9, Rule 209 (6) (viii) and Rule 212 (1) of General Financial Rules, 2005 have been made.
[GoI MF O.M.No.8/4/E.II(A)/05 dt. 29-3-2006; Swamysnews, June, 2005, 15-16]
In terms of Rule 20 of the CCS (Conduct) Rules, 1964, no Council employee should attempt to bring any political or outside influence to bear upon any superior authority to further his/her interest in respect of service issues. It has been observed that there is a spurt in such cases and also that representations are being addressed to the Director-General, CSIR/higher authorities directly in violation of rules/instructions issued from time to time on the subject. In this connection, the Council employees are advised in their own interest to exhaust all the internal sources such as representing to the Director of the Lab., writing to Local Grievance Committee, etc. before seeking the intervention of the CSIR through proper channel.
It has been observed that representations or advance copies of such representations are being addressed to the Hon'ble President/VP, CSIR, DG, CSIR and other higher authorities directly. As per rules, "no appeal or representation must be made unless the appropriate lower authority has already rejected the claim or refused relief or ignored or unduly delayed the disposal of the case. Representation to still higher authorities must not be made unless all means of securing the attention or redressal from lower authority have been exhausted; and even in such cases the representation must be submitted through proper channel".
Any representation received directly from the employees of the Lab./Instt. will not be entertained.
[CSIR Lr. No. 17(66)/94-PPS dt. 23-5-2006; read with Lr. No. 17(226)/97-E.II dated 24-11-1997 & 25/27-9-2002]
APPELLATE AUTHORITY UNDER R.T.I. ACT
Dr. Naresh Kumar, Head, RDPD, CSIR HQs., New Delhi has been nominated as the Appellate Authority for considering the cases of appeal under Section 19 (1) of Right to Information Act, 2005.
[CSIR O.M.No.6-9(131)/99-E.III dt. 24-5-2006]
CONSOLIDATION OF CORE COMPETENCIES OF CMRI AND CFRI, DHANBAD
The Director-General, CSIR has appointed Prof. S.P. Mehrotra, Director, NML, Jamshedpur to:
1. act as "Mentor" and provide necessary advice to Officer-on-Special-Duty (OSD) in matters relating to implementation of the action plan derived by Transition Management Advisory Committee (TMAC) for the consolidation of CMRI and CFRI;
2. interact and interface between TMAC, RC (new entity), OSD and DG, CSIR for smooth implementation of action plan; and
3. participate in TMAC meetings and to provide necessary inputs and advise to OSD.
Further, the Director-General, CSIR has also appointed Dr. Amalendu Sinha, Acting Director, CMRI as Officer-on-Special-Duty (OSD) in addition to his duties as Acting Director, CMRI with the following functions:
1. Implement the detailed action plan derived by the Transition Management Advisory Committee (TMAC) from the Mission, Vision & Strategic plan arrived by the Research Councils of CMRI and CFRI for the consolidated entity of Central Institute of Mining & Fuel Research (CIMFRI).
2. Co-ordinate and provide necessary logistic support to TMAC for conducting meetings on implementation consolidation.
3. Submit periodical reports to DG
4. Submit proposals concerning consolidation to DG/Head, RDPD in all matters which require the approval of competent authority.
5. Interact with Prof. S.P. Mehrotra, Director, NML, Jamshedpur who has been appointed as "Mentor" by the DG for necessary advice and guidance.
6. Shall exercise all financial and administrative powers of Director of CSIR Laboratory.
7. Shall be responsible and accountable for implementing the Action Plan for consolidation.
The tenure in the case of 'Mentor' as well as 'OSD' shall be 1 year w.e.f. the date of appointment or till the appointment of a new Director for the consolidated entity whichever is earlier.
[CSIR O.M. Nos. 4(4-16)/2006-E. II dt. 2-6-2006]
CSIR DIAMOND JUBILEE PRIZE FOR EXCELLENCE IN SPORTS
CSIR have invited applications for ”CSIR Diamond Jubilee Award for Excellence in Sports” which carries a Cash Prize of Rs.25,000/- and a Citation to be awarded annually one for Sportsman and one for Sports-woman) to be submitted in prescribed pro forma through proper channel by 30th July, 2006. For further details, COAs of respective Labs./Instts. may be contacted.
[CSIR O.M.No.1-22/DIA/2003-SPB dt. 5-6-2006]
ACCEPTANCE OF DIRECT OFFERS OF FOREIGN ASSIGNMENT
It has been observed that Govt. Officers dealing with international organizations, accepting direct offers of Foreign Assignments/Consultancies from such organizations without completing the prescribed cooling-off period of two years, without the requisite clearance from the cadre controlling authority and the Foreign Assignments (UN) (FA-UN) Division of DOPT. Indian Officers dealing with international organizations are barred from taking up foreign assignments in such organizations for a period of two years after they have relinquished charge of their post.
The cadre controlling authorities are required to ensure that the Officers of their respective cadres do not take up direct offers without the prior clearance of the FA (UN) Division of DOPT. Any deviation from the provision will be viewed seriously and disciplinary proceedings could be initiated against the Officers concerned.
[GOI MOST DSIR O.M.No.A-60011/01/2006-Admn. dt. 22-5-2006 & DO No.3/2/2006-FA(UN) dt. 28-4-2006; CSIR Endt. No.17(Misc.)(Cir.)/2004-ISTAD dt. 6-6-2006]
GROUP TO SCRUTINIZE THE REQUESTS UNDER R.T.I. ACT
The DG, CSIR has constituted the following Group:
Smt. Manju Bagai, Legal Adviser
Shri Sushil Kumar, Dy. Secretary (Lab. Admn.)
Shri Girish Chopra, Dy. Secretary (Central Office)
Shri K.K. Chopra, Dy. Secretary (R&A)
to examine requests received for information under R.T.I. Act, 2005 as referred by the Public Information Officer, CSIR so that the decisions regarding communication of information are based on administrative and legal scrutiny and in cases where information is not to be given, the PIO's response is considered and speaking.
[CSIR O.M. No. 6-9(131)/2005-E. III dt. 8-6-2006]
RESERVATION TO PHYSICALLY CHALLENGED
The Chief Commissioner for Persons with Disabilities observed that in spite of issue of show cause notices, certain organizations continue to publish advertisements for filling up vacancies without providing reservation for persons with disabilities or indicating that the vacancies do not fall against the reserved points of the roster. As a result, the persons with disabilities are deprived of their entitlement.
Liaison Officers appointed to look after reservation matters for SCs/STs shall also work as Liaison Officers for reservation matters relating to persons with disabilities and shall ensure compliance of instructions. As such, the Organizations have to maintain separate reservation rosters for persons with disabilities, reserve vacancies for them and in case the vacancies do not fall against the reserved points, the advertisement must indicate the points on which the advertised vacancies fall.
Submission of returns as required under Section 34 of the Act in prescribed forms have to be ensured. The Liaison Officers are to be instructed to ensure compliance with the provisions of the Act and the directions of DOPT. A copy of such directions have to be sent to the Ministry.
[GOI MSJ&E Lr.No.11-3/CCD/2004 dt. 20-4-2006; CSIR Lr.No.19-1(2)/2006/SC/ST-Cell dt. 9-6-2006]
ASSURED CAREER PROGRESSION SCHEME FOR CANTEEN EMPLOYEES
The Staff Inspection Unit (SIU) of Ministry of Finance (DOE) studied the norms for the staffing pattern in the Non-statutory Departmental Canteens in CG Offices. These recommendations, inter alia, provide upgraded pay scales and revised designations for certain categories in the Non-Statutory Departmental Canteens which are detailed hereunder:
S.No.
Designation
Pay scale (Rs.)
1.
General Manager
5500-9000
2.
Dy. General Manager
5000-8000
3.
Manager, Gr.II
5000-8000
4.
Manager-cum-Accountant
5000-8000
5.
Asst. Manager-cum-Storekeeper
4000-6000
6.
Clerk
3050-4590
7.
Halwai-cum-Cook
3200-4900
8.
Asst. Halwai-cum-Cook
3050-4590
9.
Tea/Coffee Maker
2610-3540
10.
Bearer
2610-3540
11.
Wash Boy
2550-3200
12.
Safaiwala
2550-3200
With effect from 22-12-2004, the pay scales as per the restructured promotional hierarchy as detailed hereunder will be applicable for the grant of 1st and 2nd financial up-gradations under the Scheme. Canteen staff who have already got financial upgradations as per the earlier hierarchy would also need to be revised w.e.f. 22-12-2004.
Standard pay scales available to the staff of Non-Statutory Refreshment Canteens/Tiffin Rooms located in Central Govt. Offices
S.No.
Designation
Pay scale
(Rs.)
1st ACP scale (Rs.)
2nd ACP scale
(Rs.)
1.
Safaiwala
2550-3200
2610-3540
2750-4400 (for non-matriculates)
3050-4590 (for matriculates)
2.
Wash Boy
2550-3200
2610-3540
2750-4400 (for non-matriculates)
3050-4590 (for matriculates)
3.
Bearer
2610-3540
2750-4400
(for non-matriculates)
3050-4590
(for matriculates)
3200-4900 (for non-matriculates)
4000-6000 (for matriculates)
4.
Tea/Coffee Maker
2610-3540
3050-4590
3200-4900 (for non-matriculates)
4000-6000 (for matriculates)
5.
Asst. Halwai-
cum-Cook
3050-4590
4000-6000
5000-8000
6.
Clerk
3050-4590
4000-6000
5000-8000
7.
Halwai-cum-Cook
3200-4900
4000-6000
5000-8000
8.
Asst.Manager-cum-Store-
keeper
4000-6000
5000-8000
5500-9000
9.
Manager-cum-Accountant
5000-8000
5500-9000
Since the post has to be filled by way of promotion only, there is no element of Direct Recruitment for the post, 2nd ACP scale has not been specified.
10.
Manager Gr. II
5000-8000
5500-9000
-do-
11.
Dy. General
Manager
5000-8000
5500-9000
-do-
12.
General Manager
5500-9000
Since the post will be occupied by any individual only after availing two promotions, there is no need to specify any ACP scale for this post
[GoI DOPT O.M.No.3/4/2005-Dir.(C) dt. 10-4-2006]
AMENDMENT TO GFR, 2005
In pursuance of CVC's guidelines banning post-tender negotiations except with Lowest-1 (L-1) bidder (Highest-1 (H-1) in case of sale of materials), necessary amendments to Chapter 7, Rule 198, Clause (ii) (d); Chapter 9, Rule 209 (6) (viii) and Rule 212 (1) of General Financial Rules, 2005 have been made.
[GoI MF O.M.No.8/4/E.II(A)/05 dt. 29-3-2006; Swamysnews, June, 2005, 15-16]
AMENDMENT TO CG (R&P) RULES, 1983 AND CENTRAL TREASURY RULES
The following amendment to Note 5 below Rule 42 of the Central Government (Receipt & Payment) Rules, 1983; and to Rule 156 of the Treasury Rules of the Central Govt. (Vol. I) have been made:
"All cheques, irrespective of category, drawn for Rs.10 lakhs and above shall bear two signatures. The Head for the accounting organization shall nominate another Gazetted Officer/seniormost Non-Gazetted Officer as second signatory for the purpose."
[GoI MF (CGA) Lr. No. V.16011/9/CTR/MF-CGA/2005-06/12-187 dt. 13-4-2006 & 17-4-2006; Swamysnews, June, 2006, 17]
RESERVATION FOR THE PERSONS WITH DISABILITIES
Consequent upon enactment of "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, reservation for persons with disabilities should be implemented in right earnest. If some or all the vacancies earmarked had not been filled by reservation and were filled by able-bodied persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation may be treated as having been carried forward to the first recruitment year occurring now.
If visually handicapped candidates or any other category of handicapped candidates are debarred from applying on the ground that a separate examination/recruitment would be conducted for them, chances of handicapped candidates being selected on their own merit would be eliminated. Thus debarring any category of handicapped candidates is against the provisions. Hence, they should be provided opportunity to compete for the unreserved vacancies as well by holding a common examination/interview.
[GoI DOPT O.M.No.36035/8/2003-Estt.(Res.) dt. 26-4-2006; Swamysnews, June, 2006, 18-19]
TRAVEL BY AIR FOR LTC
Officers who are entitled to air travel for availing LTC are now permitted to travel by private airlines also.
The non-entitled Officers are also now permitted to avail air journey for LTC (both by national and private airlines) between the places connected by train, subject to the condition that reimbursement of the fare would be restricted to the entitled class by rail other than Rajdhani/Shatabdi express. They are required to produce the air ticket/ boarding pass. If the ticket does not indicate the airfare, a receipt from the airlines showing the fare paid by the concerned Officers may be produced while claiming reimbursement of LTC. In case the cost paid for an air ticket is less than the train fare by the entitled class, the reimbursement will be limited to the actual air fare or entitled train fare whichever is less.
[GoI DOPT O.M.No.31011/2/2006-Estt.(A) dt.24-4-2006; CSIR Lr. No. 17(68)/2006-E. II dt. 18-5-2006]
NON-FUNCTIONAL SCALE OF RS.8000-13500 TO SECTION OFFICERS
In partial modification of DOPT Order No.5/4/2005-CS.I dated 13-11-2003, the Govt. has decided to provide Non-functional scale of Rs.8000-275-13500 to the Section Officers of Central Secretariat service retrospectively w.e.f. 1-1-1996 on notional basis, with actual benefits on account of such refixation of pay with effect from 3-10-2003.
[GoI MPPG&P (DOPT) No.5/4/2005-CS.I dt. 25-1-2006; Swamysnews, June, 2006, 21]
.o.
The following amendment to Note 5 below Rule 42 of the Central Government (Receipt & Payment) Rules, 1983; and to Rule 156 of the Treasury Rules of the Central Govt. (Vol. I) have been made:
"All cheques, irrespective of category, drawn for Rs.10 lakhs and above shall bear two signatures. The Head for the accounting organization shall nominate another Gazetted Officer/seniormost Non-Gazetted Officer as second signatory for the purpose."
[GoI MF (CGA) Lr. No. V.16011/9/CTR/MF-CGA/2005-06/12-187 dt. 13-4-2006 & 17-4-2006; Swamysnews, June, 2006, 17]
RESERVATION FOR THE PERSONS WITH DISABILITIES
Consequent upon enactment of "Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995, reservation for persons with disabilities should be implemented in right earnest. If some or all the vacancies earmarked had not been filled by reservation and were filled by able-bodied persons either for the reason that points of reservation had not been earmarked properly at the appropriate time or persons with disabilities did not become available, such unutilized reservation may be treated as having been carried forward to the first recruitment year occurring now.
If visually handicapped candidates or any other category of handicapped candidates are debarred from applying on the ground that a separate examination/recruitment would be conducted for them, chances of handicapped candidates being selected on their own merit would be eliminated. Thus debarring any category of handicapped candidates is against the provisions. Hence, they should be provided opportunity to compete for the unreserved vacancies as well by holding a common examination/interview.
[GoI DOPT O.M.No.36035/8/2003-Estt.(Res.) dt. 26-4-2006; Swamysnews, June, 2006, 18-19]
TRAVEL BY AIR FOR LTC
Officers who are entitled to air travel for availing LTC are now permitted to travel by private airlines also.
The non-entitled Officers are also now permitted to avail air journey for LTC (both by national and private airlines) between the places connected by train, subject to the condition that reimbursement of the fare would be restricted to the entitled class by rail other than Rajdhani/Shatabdi express. They are required to produce the air ticket/ boarding pass. If the ticket does not indicate the airfare, a receipt from the airlines showing the fare paid by the concerned Officers may be produced while claiming reimbursement of LTC. In case the cost paid for an air ticket is less than the train fare by the entitled class, the reimbursement will be limited to the actual air fare or entitled train fare whichever is less.
[GoI DOPT O.M.No.31011/2/2006-Estt.(A) dt.24-4-2006; CSIR Lr. No. 17(68)/2006-E. II dt. 18-5-2006]
NON-FUNCTIONAL SCALE OF RS.8000-13500 TO SECTION OFFICERS
In partial modification of DOPT Order No.5/4/2005-CS.I dated 13-11-2003, the Govt. has decided to provide Non-functional scale of Rs.8000-275-13500 to the Section Officers of Central Secretariat service retrospectively w.e.f. 1-1-1996 on notional basis, with actual benefits on account of such refixation of pay with effect from 3-10-2003.
[GoI MPPG&P (DOPT) No.5/4/2005-CS.I dt. 25-1-2006; Swamysnews, June, 2006, 21]
.o.
June, 2006
COMMUNICATION OF ADVERSE REMARKS
In accordance with the existing DOPT instructions, adverse entries/remarks recorded in the ACR of any official have to be communicated for further improvement in the performance of the official. The official concerned can represent against the adverse remarks within the prescribed time limit. The over all grading given in the ACR should not be communicated even when the grading given is below the bench mark prescribed for promotion to the next higher grade. The over all grading recorded in the ACR is not to be changed in any way even after the expunction of the adverse remarks either in full or part by the competent authority.
Referring to the Hon’ble Supreme Court judgement based on UP Jal Nigam or any other judgement based on it, it was advised that any challenge to the existing instructions with regard to the communication of adverse remarks in any Court has to be appropriately defended.
[GOI MPPG&P DOPT O.M.No.21011/1/2006-Estt.(A) dt. 21/23-3-2006; CSIR Lr. No.15-3/1/71-O&M (Pt.V) dt. 20-4-2006]
ISSUE OF SPEAKING ORDERS IN DISCIPLINARY CASES
The disciplinary proceedings conducted under the provisions of CCS (CCA) Rules, 1965 are quasi-judicial in nature. Hence, it is necessary that the final orders issued in such cases should have the attributes of a judicial order. The final order should indicate the reasons in support of the decision arrived at by the Disciplinary Authority (DA). A non-speaking order does not conform to legal requirements and is liable to be set aside, thus rendering the entire process of disciplinary action a futile exercise.
The Vigilance Officers of CSIR Labs./Instts. should ensure that the final order passed by the DA indicate the reasons in support of the conclusions/decisions arrived at by the DA.
[CSIR Lr. No.15-1(60)/81-Vig. dt. 24-4-2006]
ACCEPTANCE OF FOREIGN ASSIGNMENTS
Instructions on “Foreign Assignment of Indian Experts” dated 20-6-1991 prohibit Indian Officers who are dealing with international organizations from taking up foreign assignments in these organizations for a period of two years after they have relinquished charge of their post. The Appointments Committee of the Cabinet (ACC) imposes strict compliance on cadre controlling authorities to ensure that the Officers of their respective cadres do not take up direct offers relating to foreign assignments/consultancies without the prior clearance of the Foreign Assignments (UN), DOPT, GoI.
[GOI DP&T MPPG&P D.O.Lr.No.3/2/2006-FA(UN) dt. 28-4-2006]
ECONOMY MEASURES
The Order regarding relaxing the ban on foreign travel, etc. issued by CSIR regarding vide its letter No.4-10(35)/2004-E.II dated 24-4-2006 has been kept in abeyance till formal exemption to this effect is obtained from the Ministry of Finance.
[CSIR Lr.No.4-10(35)/2004-E.II dt. 2-5-2006]
In accordance with the existing DOPT instructions, adverse entries/remarks recorded in the ACR of any official have to be communicated for further improvement in the performance of the official. The official concerned can represent against the adverse remarks within the prescribed time limit. The over all grading given in the ACR should not be communicated even when the grading given is below the bench mark prescribed for promotion to the next higher grade. The over all grading recorded in the ACR is not to be changed in any way even after the expunction of the adverse remarks either in full or part by the competent authority.
Referring to the Hon’ble Supreme Court judgement based on UP Jal Nigam or any other judgement based on it, it was advised that any challenge to the existing instructions with regard to the communication of adverse remarks in any Court has to be appropriately defended.
[GOI MPPG&P DOPT O.M.No.21011/1/2006-Estt.(A) dt. 21/23-3-2006; CSIR Lr. No.15-3/1/71-O&M (Pt.V) dt. 20-4-2006]
ISSUE OF SPEAKING ORDERS IN DISCIPLINARY CASES
The disciplinary proceedings conducted under the provisions of CCS (CCA) Rules, 1965 are quasi-judicial in nature. Hence, it is necessary that the final orders issued in such cases should have the attributes of a judicial order. The final order should indicate the reasons in support of the decision arrived at by the Disciplinary Authority (DA). A non-speaking order does not conform to legal requirements and is liable to be set aside, thus rendering the entire process of disciplinary action a futile exercise.
The Vigilance Officers of CSIR Labs./Instts. should ensure that the final order passed by the DA indicate the reasons in support of the conclusions/decisions arrived at by the DA.
[CSIR Lr. No.15-1(60)/81-Vig. dt. 24-4-2006]
ACCEPTANCE OF FOREIGN ASSIGNMENTS
Instructions on “Foreign Assignment of Indian Experts” dated 20-6-1991 prohibit Indian Officers who are dealing with international organizations from taking up foreign assignments in these organizations for a period of two years after they have relinquished charge of their post. The Appointments Committee of the Cabinet (ACC) imposes strict compliance on cadre controlling authorities to ensure that the Officers of their respective cadres do not take up direct offers relating to foreign assignments/consultancies without the prior clearance of the Foreign Assignments (UN), DOPT, GoI.
[GOI DP&T MPPG&P D.O.Lr.No.3/2/2006-FA(UN) dt. 28-4-2006]
ECONOMY MEASURES
The Order regarding relaxing the ban on foreign travel, etc. issued by CSIR regarding vide its letter No.4-10(35)/2004-E.II dated 24-4-2006 has been kept in abeyance till formal exemption to this effect is obtained from the Ministry of Finance.
[CSIR Lr.No.4-10(35)/2004-E.II dt. 2-5-2006]
ENDORSEMENT OF CIRCULARS
All the Divisional/Sectional Heads of CSIR HQs., New Delhi are required to endorse important circulars issued by the respective Divisions/Sections to the staff side of the Joint Consultative Machinery [Dr. R.B. Misra, Secretary, Staff Side Joint Consultative Machinery, Industrial Toxicology Research Centre, Mahatma Gandhi Marg, P.B.No.80, Lucknow 226001].
[CSIR Circular No. 17/67/JCM/95-PPS dt. 4-5-2006]
AMENDMENTS TO PURCHASE PROCEDURE: 2002
A good number of amendments to “Purchase Procedure: 2002” have been notified along with proformae for the following purposes:
1. Purchase of goods without quotations
2. Purchase of goods by departmental/divisional committee
3. Emergency purchase certificate
4. Proprietary article certificate
5. Single tender certificate
For a proper appreciation, it is desirable to see the original order.
[CSIR Lr.No.14-5(1)/2003-SV/Vol.II dt. 5-5-2006]
TRAINING ABROAD
CSIR have clarified that in terms of “Foreign Deputation Guidelines: 1996”, inter alia, equipment training abroad has to be restricted up to the level of Scientist E.II [Gr. IV (4)].
[CSIR Lr. No.22-1(1)/2005-ISTAD dt. 5-5-2006]
NON-FUNCTIONAL SCALE TO SECTION OFFICERS
In pursuance of the DOPT Order No.21/36/03-CSI dated 13-11-2003, CSIR have adopted Non-Functional Scale of Rs.8000-13500 to all its regular Section Officers (G/F&A/SP) of CSIR who have completed four years of approved service in that grade w.e.f. 3-10-2003. The incumbents shall be entitled to the benefit of pay fixation under FR 22 (I) (a) (2). They shall continue to remain in Group B and their eligibility for promotion to next higher grade in the cadre will be reckoned on the basis of total period spent in both the scales of the post of Section Officer.
[CSIR Lr.No.3-33(113)/2004-E.I dt. 12-5-2006]
SECURITY IN CSIR LABS./INSTTS.
All the CSIR Labs./Instts. have been advised to make an assessment of their security needs including the habitation area and take suitable steps to augment security arrangements besides getting the Security contractors registered with the local Police authorities.
In addition, introduction of token system for vehicles, issue of gate pass to visitors have to be made, and at the same time maintain necessary registers.
[CSIR Lr.No.14(6)/1/86-E.II dt. 10-3-2006]
NATIONAL POLICY FOR PERSONS WITH DISABILITIES
Govt. of India have formulated the “National Policy for Persons with Disabilities“ highlighting the following thrust areas for making coordinated efforts. It is available on the Website “www.socialjustice.nic.in/disabled/welcome.htm”:
i) Prevention including early detection (of disability) and intervention;
ii) Education of children with disabilities both inclusive and special education;
iii) Economic rehabilitation of persons with disabilities;
iv) Social security policy for persons with disabilities;
v) Providing barrier-free access of persons with disabilities to public building, transport systems;
vi) Encouraging non-governmental voluntary organizations providing services to persons with disabilities so as to enhance the reach of each service throughout the country; and
vii) Increasing the role of Panchayati Raj Institutions and other local bodies in formulation and implementation of programmes for persons with disabilities.
[D.O. Lr.No.3-1/93-DD.III dt. 25-4-2006 from the Addl. Secretary to GoI, Ministry of Social Justice & Empowerment, New Delhi to the Secretary, DSIR; CSIR Lr.No.19-2(6)/ 2006(ii)-SC/ST-Cell dt. 15-5-2006]
CHILD ADOPTION LEAVE TO FEMALE GOVT. SERVANT
Effective from 31-3-2006, the benefit of “Child Adoption Leave” (CAL) for a period of 135 days has been extended to the adoptive mothers also with fewer than two surviving children on adoption of a child “up to one year of age”. During such leave, the female Govt. servant shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. In continuation of CAL, leave due and admissible can also be granted for a period up to one year on application. The period of leave gets reduced by the age of the adopted child on the date of legal adoption, without taking into account the period of CAL. This facility shall not be admissible to an adoptive mother who is already having two surviving children at the time of adoption. CAL shall not be debited against the leave account.
Rule 43-B of CCS (Leave) Rules, 1972 has been amended to that extent.
[GOI DOPT O.M.No.13018/4/2004-Estt.(L) dt. 31-3-2006; Swamysnews, May 2006, 4-6]
GUIDELINES ON AIR TRAVEL WITHIN INDIA
The basic criteria for selecting airlines other than Indian Airlines/Air India (including various concessional fares offered by them) would be better and more competitive prices being offered by the other airlines. Each Officer should endeavour to take advantage of the concessions being provided to effect possible savings through advance booking to the extent possible without deferring the Official work.
The fare payable to other airlines should not exceed the normal fare of the entitled class offered by national carrier. On booking through Internet, reimbursement of expenses towards service charge on credit card is also permissible. Schemes offered by airlines co-branded with the credit cards can also be availed. However, this would need one-time prior approval of the competent authority. Service of the travel agents should be limited to M/s. Balmer Lawrie and Co. and M/s. Ashok Travels & Tours to ensure best available bargain “across all airlines”. The guidelines for air travel abroad will be issued separately.
[GOI MF O.M.No.19024/1/E.IV/2005 dt. 24-3-2006; Swamysnews, May 2006, 20-21]
All the Divisional/Sectional Heads of CSIR HQs., New Delhi are required to endorse important circulars issued by the respective Divisions/Sections to the staff side of the Joint Consultative Machinery [Dr. R.B. Misra, Secretary, Staff Side Joint Consultative Machinery, Industrial Toxicology Research Centre, Mahatma Gandhi Marg, P.B.No.80, Lucknow 226001].
[CSIR Circular No. 17/67/JCM/95-PPS dt. 4-5-2006]
AMENDMENTS TO PURCHASE PROCEDURE: 2002
A good number of amendments to “Purchase Procedure: 2002” have been notified along with proformae for the following purposes:
1. Purchase of goods without quotations
2. Purchase of goods by departmental/divisional committee
3. Emergency purchase certificate
4. Proprietary article certificate
5. Single tender certificate
For a proper appreciation, it is desirable to see the original order.
[CSIR Lr.No.14-5(1)/2003-SV/Vol.II dt. 5-5-2006]
TRAINING ABROAD
CSIR have clarified that in terms of “Foreign Deputation Guidelines: 1996”, inter alia, equipment training abroad has to be restricted up to the level of Scientist E.II [Gr. IV (4)].
[CSIR Lr. No.22-1(1)/2005-ISTAD dt. 5-5-2006]
NON-FUNCTIONAL SCALE TO SECTION OFFICERS
In pursuance of the DOPT Order No.21/36/03-CSI dated 13-11-2003, CSIR have adopted Non-Functional Scale of Rs.8000-13500 to all its regular Section Officers (G/F&A/SP) of CSIR who have completed four years of approved service in that grade w.e.f. 3-10-2003. The incumbents shall be entitled to the benefit of pay fixation under FR 22 (I) (a) (2). They shall continue to remain in Group B and their eligibility for promotion to next higher grade in the cadre will be reckoned on the basis of total period spent in both the scales of the post of Section Officer.
[CSIR Lr.No.3-33(113)/2004-E.I dt. 12-5-2006]
SECURITY IN CSIR LABS./INSTTS.
All the CSIR Labs./Instts. have been advised to make an assessment of their security needs including the habitation area and take suitable steps to augment security arrangements besides getting the Security contractors registered with the local Police authorities.
In addition, introduction of token system for vehicles, issue of gate pass to visitors have to be made, and at the same time maintain necessary registers.
[CSIR Lr.No.14(6)/1/86-E.II dt. 10-3-2006]
NATIONAL POLICY FOR PERSONS WITH DISABILITIES
Govt. of India have formulated the “National Policy for Persons with Disabilities“ highlighting the following thrust areas for making coordinated efforts. It is available on the Website “www.socialjustice.nic.in/disabled/welcome.htm”:
i) Prevention including early detection (of disability) and intervention;
ii) Education of children with disabilities both inclusive and special education;
iii) Economic rehabilitation of persons with disabilities;
iv) Social security policy for persons with disabilities;
v) Providing barrier-free access of persons with disabilities to public building, transport systems;
vi) Encouraging non-governmental voluntary organizations providing services to persons with disabilities so as to enhance the reach of each service throughout the country; and
vii) Increasing the role of Panchayati Raj Institutions and other local bodies in formulation and implementation of programmes for persons with disabilities.
[D.O. Lr.No.3-1/93-DD.III dt. 25-4-2006 from the Addl. Secretary to GoI, Ministry of Social Justice & Empowerment, New Delhi to the Secretary, DSIR; CSIR Lr.No.19-2(6)/ 2006(ii)-SC/ST-Cell dt. 15-5-2006]
CHILD ADOPTION LEAVE TO FEMALE GOVT. SERVANT
Effective from 31-3-2006, the benefit of “Child Adoption Leave” (CAL) for a period of 135 days has been extended to the adoptive mothers also with fewer than two surviving children on adoption of a child “up to one year of age”. During such leave, the female Govt. servant shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. In continuation of CAL, leave due and admissible can also be granted for a period up to one year on application. The period of leave gets reduced by the age of the adopted child on the date of legal adoption, without taking into account the period of CAL. This facility shall not be admissible to an adoptive mother who is already having two surviving children at the time of adoption. CAL shall not be debited against the leave account.
Rule 43-B of CCS (Leave) Rules, 1972 has been amended to that extent.
[GOI DOPT O.M.No.13018/4/2004-Estt.(L) dt. 31-3-2006; Swamysnews, May 2006, 4-6]
GUIDELINES ON AIR TRAVEL WITHIN INDIA
The basic criteria for selecting airlines other than Indian Airlines/Air India (including various concessional fares offered by them) would be better and more competitive prices being offered by the other airlines. Each Officer should endeavour to take advantage of the concessions being provided to effect possible savings through advance booking to the extent possible without deferring the Official work.
The fare payable to other airlines should not exceed the normal fare of the entitled class offered by national carrier. On booking through Internet, reimbursement of expenses towards service charge on credit card is also permissible. Schemes offered by airlines co-branded with the credit cards can also be availed. However, this would need one-time prior approval of the competent authority. Service of the travel agents should be limited to M/s. Balmer Lawrie and Co. and M/s. Ashok Travels & Tours to ensure best available bargain “across all airlines”. The guidelines for air travel abroad will be issued separately.
[GOI MF O.M.No.19024/1/E.IV/2005 dt. 24-3-2006; Swamysnews, May 2006, 20-21]
RIGHT TO INFORMATION ACT
On the basis of suggestions and complaints received from members of public, the Central Information Commission (CIC) has desired that the following steps should be taken by the Ministries/Departments within individual jurisdiction:
1. The Public Information Officers (PIOs), Assistant PIOs and Appellate Authorities are identified and notified in all public authorities which are set up from Ministry’s/ Department’s budget or under their administrative control.
2. Details of nodal Officer appointed for implementation of the Act, the complete list of PIOs/APIOs and Appellate Authorities along with their contact details should be furnished to the CIC.
3. Steps be taken to enable people to file their applications by post. Awareness should be generated through print and electronic media regarding the name of the bank and account into which the DD or Banker’s cheque is accepted.
4. If several PIOs having different jurisdictions are appointed, applications received by any PIO have to be directed to the PIO concerned under intimation to the applicant.
5. In case a person writes directly to the Head of Department/Office enclosing the required fee, it should be ensured that application reaches the proper PIO under intimation to the Applicant.
6. Request for information can be sought in writing on a plain paper or through electronic means.
[GOI DOPT O.M.No.1/4/2006-IR dt. 21-2-2006; Swamysnews, May 2006, 24-25]
NOMINATION THROUGH POWER OF ATTORNEY
The Ministry of Finance vide their letter No.F.No.15/8/2005/NS-II dated 2-3-2006 has clarified that under the Senior Citizen Savings Scheme (SCSS): 2004, a person holding Power of Attorney cannot sign for the nominee in the Nomination Form.
[GOI Dept. of Posts Lr.No.79-8/2004-FS (Vol.II) dt. 10-3-2006; Swamysnews, May 2006, 25]
MATERNITY LEAVE IN CASE OF STILL BIRTHS
Maternity leave is admissible subject to the conditions prescribed in Rule 43 of CCS (Leave) Rules. Even in the case of still-born child, the eligibility criteria does not change.
[Swamysnews, May 2006, 86]
TRAVEL ON LTC IN DIFFERENT CLASSES
In case the travel on LTC is undertaken in two different classes, the claim will be limited to the fare of the accommodation of the entitled class and/or the lower class, to the actually used in terms of para 2 below Rule IX of Swamy’s Compilation of CCS (Leave Travel Concession) Rules.
[Swamysnews, May 2006, 86-87]
ENCASHMENT OF EL WHILE AVAILING LTC
In terms of Rule 38-A of CCS (LTC) Rules, encashment of Earned Leave up to 10 days at a time while availing LTC is admissible only if a Govt. servant himself/herself avails LTC. Encashment cannot be availed when the family members of the Govt. servant only avail LTC.
[Swamysnews, May 2006, 87]
FULL PAY AND ALLOWANCES DURING SUSPENSION
Where departmental proceedings against a suspended Govt. employee for the imposition of a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of Administrative instructions (3) below FR 54-B, and full pay and allowances are admissible during the period of suspension.
[Administrative Authorities of all CSIR Labs./Instts. may like to check whether there are any cases in which major penalty proceedings ended up in imposing a minor penalty so as to correct themselves. Ed.]
[Swamysnews, May 2006, 89-90]
COMMUTATION OF PENSION
As per GoI's Decision under Rule 10 of Appendix 1 of CCS (Pension) Rules, 1972, commuted portion of pension will be restored to the pensioner after 15 years from the date of retirement. In the event the pensioner dies before completion of 15 years from the date of retirement, the commuted portion of pension has to be restored to family pensioner.
[Swamysnews, May 2006, 92]
.o.
On the basis of suggestions and complaints received from members of public, the Central Information Commission (CIC) has desired that the following steps should be taken by the Ministries/Departments within individual jurisdiction:
1. The Public Information Officers (PIOs), Assistant PIOs and Appellate Authorities are identified and notified in all public authorities which are set up from Ministry’s/ Department’s budget or under their administrative control.
2. Details of nodal Officer appointed for implementation of the Act, the complete list of PIOs/APIOs and Appellate Authorities along with their contact details should be furnished to the CIC.
3. Steps be taken to enable people to file their applications by post. Awareness should be generated through print and electronic media regarding the name of the bank and account into which the DD or Banker’s cheque is accepted.
4. If several PIOs having different jurisdictions are appointed, applications received by any PIO have to be directed to the PIO concerned under intimation to the applicant.
5. In case a person writes directly to the Head of Department/Office enclosing the required fee, it should be ensured that application reaches the proper PIO under intimation to the Applicant.
6. Request for information can be sought in writing on a plain paper or through electronic means.
[GOI DOPT O.M.No.1/4/2006-IR dt. 21-2-2006; Swamysnews, May 2006, 24-25]
NOMINATION THROUGH POWER OF ATTORNEY
The Ministry of Finance vide their letter No.F.No.15/8/2005/NS-II dated 2-3-2006 has clarified that under the Senior Citizen Savings Scheme (SCSS): 2004, a person holding Power of Attorney cannot sign for the nominee in the Nomination Form.
[GOI Dept. of Posts Lr.No.79-8/2004-FS (Vol.II) dt. 10-3-2006; Swamysnews, May 2006, 25]
MATERNITY LEAVE IN CASE OF STILL BIRTHS
Maternity leave is admissible subject to the conditions prescribed in Rule 43 of CCS (Leave) Rules. Even in the case of still-born child, the eligibility criteria does not change.
[Swamysnews, May 2006, 86]
TRAVEL ON LTC IN DIFFERENT CLASSES
In case the travel on LTC is undertaken in two different classes, the claim will be limited to the fare of the accommodation of the entitled class and/or the lower class, to the actually used in terms of para 2 below Rule IX of Swamy’s Compilation of CCS (Leave Travel Concession) Rules.
[Swamysnews, May 2006, 86-87]
ENCASHMENT OF EL WHILE AVAILING LTC
In terms of Rule 38-A of CCS (LTC) Rules, encashment of Earned Leave up to 10 days at a time while availing LTC is admissible only if a Govt. servant himself/herself avails LTC. Encashment cannot be availed when the family members of the Govt. servant only avail LTC.
[Swamysnews, May 2006, 87]
FULL PAY AND ALLOWANCES DURING SUSPENSION
Where departmental proceedings against a suspended Govt. employee for the imposition of a major penalty finally end with the imposition of a minor penalty, the suspension can be said to be wholly unjustified in terms of Administrative instructions (3) below FR 54-B, and full pay and allowances are admissible during the period of suspension.
[Administrative Authorities of all CSIR Labs./Instts. may like to check whether there are any cases in which major penalty proceedings ended up in imposing a minor penalty so as to correct themselves. Ed.]
[Swamysnews, May 2006, 89-90]
COMMUTATION OF PENSION
As per GoI's Decision under Rule 10 of Appendix 1 of CCS (Pension) Rules, 1972, commuted portion of pension will be restored to the pensioner after 15 years from the date of retirement. In the event the pensioner dies before completion of 15 years from the date of retirement, the commuted portion of pension has to be restored to family pensioner.
[Swamysnews, May 2006, 92]
.o.
May, 2006
REVISION OF PENAL LICENCE FEE
In order to discourage CSIR employees even after becoming ineligible to continue to occupy staff quarters under CSIR (Residence Allotment) Rules, 1997, the following upward revision of penal licence fee under Rule 18.1 has been decided by the competent authority w.e.f. 1-4-2006:
Type of
residence
Station
Category-A: Delhi, Kolkata, Mumbai, Chennai, Hyderabad, Bangalore, Lucknow and Pune
Category-B: Other Stations
Type-I
Rs.175/- per Sq. meter p.m.
Rs.175/- per Sq. meter p.m.
Type-II
-do-
-do-
Type-III
-do-
-do-
Type-IV
-do-
Rs.175/- per Sqm. p.m. less
(-) Rs.1000/-
Type-V
Rs.255/- per Sqm. p.m.
Rs.255/- per Sqm. p.m. less
(-) Rs.1000/-
Type VI
-do-
-do-
Type-VII
-do-
-do-
Scientist Apartment/ Hostel
20 Times the normal licence fee
20 Times the normal licence fee;
Less (-) Rs.500/- up to TRSA
Less (-) Rs.1000/- above TRSA
[CSIR Lr.No.28/95/99-Estate dt. 27-3-2006]
INTENSIVE EXAMINATION OF CONSTRUCTION WORKS BY CTE (CVC)
The Chief Technical Examiner (CVC) has noted certain deficiencies in the process of pre-qualifying the contractors and during subsequent execution of work. The following remedial measures as detailed hereunder are suggested:
Pre-qualification of contractors: In case of works exceeding Rs.2.00 crores, the contractors are pre-qualified in the first stage. The pre-qualification exercise should be done strictly as per instructions laid down under Clause 16.5 of CPWD Works Manual and also in a CSIR circular of even number dated 7-3-2005.
Tender Opening Committee: The Tender Opening Committee (TOC) is required to certify correction/insertion/over-writings on each page while opening the tenders. The procedure detailed in circular of even number dated 1-9-2004 has to be followed. If there are no corrections, on a page, the TOC should record “nil” as a token of checking.
Identification of AHR/ALR items: It is necessary to identify Abnormally High Rated (AHR) and Abnormally Low Rated (ALR) items in the contractor’s bid while processing “Award of Work” as per guidelines in CPWD Manual.
Estimated cost put to Tender: While obtaining administrative approval, certain cost index is added over CPWD-DSR to bring the cost at par with the current market rates. However, this should not be reflected while inviting tenders. It may be stated in the Notice Inviting Tenders that the "estimate is based on CPWD-DSR 2002" (or any other schedule as the case may be) based on which the tender has been prepared.
Checking of measurement: The measurements have to be recorded by Jr. Engineer and then should be test-checked by superior Officers. Up to 50% of other measurements have to be checked by next senior Officer. The senior-most Engineer should check at least 10% of the measurements. These test checkings should be reflected in the Measurement Book.
Payment of part-rates: Whenever part-rate is to be paid during the progress of work, reasons must be recorded necessitating the circumstances leading to payment of part-rate.
Test Reports of material: All test reports must be obtained in the name of the Department.
[CSIR Lr.No.11-15(1)/2003-Engg. dt. 29-3-2006]
INCLUSION OF CERTAIN CASTES TO THE CENTRAL LIST OF OBC COMMUNITY
The Govt. of India vide MPPG&P (DOPT) O.M.No.36012/22/93-Estt.(SCT) dated 8-9-1993 have reserved 27% of vacancies in civil posts and services under Central Govt. to be filled through Direct Recruitment in favour of the Other Backward Castes (OBCs). The National Commission for Backward Castes have recommended castes/communities (including sub-castes/synonyms) for inclusion/amendment in the Central lists of OBCs in respect of Andhra Pradesh, Bihar, NCT of Delhi, Goa, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Pondicherry and Uttar Pradesh w.e.f.16-1-2006.
[GOI Min. of Social Justice & Empowerment O.M.No.12011/9/2004-BCC dt. 27-1-2006; Gaz. Notfn. No.12011/2004-BCC dt. 16-1-2006; CSIR Endt. No.19-1(1)/2006/ SC/ST-OBC Cell dt. 30-3-2006]
ABSORPTION OF CASUAL WORKERS
CSIR letter No.1(1)/93-E.II dated 11-3-2003 has been withdrawn since it is understood to have created some sort of misunderstanding with regard to processing the cases of Casual Workers under the Casual Workers Absorption Schemes of 1990 and 1995. Hence, the identified Casual Workers may be considered for absorption as per the provisions contained in the circulars on the subject as circulated under CSIR Lr.No.1(20)/86-E.II dated 4-10-1990 and No.2(28)/91-E.II dated 6-12-1995.
[CSIR Lr.No.1(1)/93-E.II dt. 3/4-4-2006]
RECONSTITUTION OF CSIR SPORTS PROMOTION BOARD
The CSIR Sports Promotion Board has been re-constituted as follows:
Dr. N. Ramakrishnan, Director, RRL, Bhopal President
Shri Nikhilesh Jha, Jt. Secretary (Admn.), CSIR Vice-President (Ex-Officio)
Mrs. Rama Murali, FA, CSIR Member (Ex-Officio)
Shri A.K. Verma, Scientist, CSIR HQs. Secretary
Shri T.K. Bhattacharya, F&AO, CSIR HQs. Treasurer
Shri D.K. Gautam, Scientist, CBRI, Roorkee Member
Shri C.V. Raghavan, Head (C&M), CFTRI, Mysore “
Smt. Y. Sujata, Sr. Steno., IICT, Hyderabad “
Shri S.C. Kalra, Staff Officer to DG, CSIR "
Shri Govind Ranade, Scientist, NIO, Goa “
Shri S.S. Wazir, T.O., RRL, Jammu “
Dr. P.J. Bhuyan, Scientist, RRL, Jorhat “
The tenure of the Board shall be for a period of two years w.e.f. 1-4-2006.
[CSIR O.M.No.9(58)/99-E.III dt. 5-4-2006]
TIMELY COMPLETION OF ACR/APAR/ARP
In order to avoid administrative problems, it has been ordered that henceforth, the following schedule has to be strictly followed for completion of ACRs/APARs/ARPs:
i) Distribution of ACR/APAR/ARP pro forma .. By 10th April
ii) Submission of self-Appraisal Report (SAR)
in down-loaded pro forma to Administration .. By 20th April
iii) Forwarding of Report pro forma by Administration .. By 30th April
to the Reporting Officer
iv) Submission of SAR by the employee to Reporting
Officer [as in step (iii)] .. By 30th April
v) Completion of report by Reporting Officer
and submission to Reviewing Officer .. By 31st May
vi) Completion of report by the Reviewing Officer .. By 20th June
vii) Forwarding completed reports to Administration .. By 30th June
Reports in respect of Scientist G and common Cadre Officers have to be sent to the Chief Vigilance Officer, CSIR, New Delhi
It has further been ordered that:
i) The names of the Reporting and Reviewing Officers should be notified to the employees well in time.
ii) Part-I of the pro forma of respective reports has to be kept on Website by the respective Labs./Instts. and CSIR HQs. wherever such facility exists or alternatively the Administrative units may provide the same to all the staff members.
iii) If a particular employee fails to submit SAR by the scheduled date, the Reporting Officer should obtain/down-load the pro forma and fill the portion earmarked for Reporting Officer based on knowledge of the work and conduct of the employee being reported upon. And at the same time, explanation of such employee has to be obtained for failing to submit the SAR by the stipulated date.
iv) It shall be the personal responsibility of the Reporting/Reviewing Officers to ensure that no delay is caused in completing the reports.
v) The meetings of DPCs/Assessment Committees shall be held only after the reports in respect of all the Officers who are to be considered have been received and verified.
[CSIR Lr.No.15-3/1/71(2006) dt. 10-4-2006]
TWO-YEAR EARLIER ASSESSMENT UNDER REVISED MANAS
The benefit of two-years earlier assessment will henceforth be granted to all those employees covered under Revised MANAS who had acquired qualification of the next higher group, i.e. whose results have been declared after joining CSIR service but not to those who are already in possession of qualification of the next higher group at the time of joining CSIR service. Such benefit will be granted for two-year earlier assessment falling due on or after the date of issue of these instructions, i.e. 16-3-2006
[CSIR Lr.No.17/66/20/94-PPS dt. 16-3-2006]
SC/ST REPRESENTATIVE IN ASSESSMENT COMMITTEES
A representative of SC/ST categories should invariably be included in all the Assessment/Selection Committees where the cases of candidates belonging to these categories are to be considered.
In the case of Scientific staff belonging to SC/ST categories in whose cases assessment is due on or prior to 7-4-2004
RELAXATION OF THRESHOLD MARKS FOR ASSESSMENT
A representative of SC/ST categories should invariably be included in all the Assessment/Selection Committees where the cases of candidates belonging to these categories are to be considered.
In respect of cases in which assessment is due on or prior to 7-4-2004 (i.e. the date on which decision to withdraw relaxation of marks in assessment was notified) under CSRAP Rules, 2001 may be re-opened/reconsidered by the RAB and Directors of all CSIR Labs./Instts. and given relaxation of 10 marks in the threshold marks by the Assessment Committee while deciding their cases for assessment promotion to the next higher grade.
Since there is no concept of threshold marks in the “CSIR Scientist Recruitment & Assessment Promotion Rules, 2001”, the instructions contained in CSIR letter dated 4-1-2006 with regard to “relaxation of 10 marks in the threshold” may be modified to read as “to follow relaxed standards” in the assessment applicable to the assessment cases falling due before or up to 7-4-2004.
[CSIR Lr.No.7-1(2)/2006-R&A dt. 7-4-2004, 4-1-2006 & 14-2-2006]
PROTECTION OF OFFICIALS OF THE VIGILANCE UNITS
There is a need to allow the Vigilance Officials to work independently and freely without any fear which is the foundation for effective vigilance administration in any organization.
The CVC has considered possible victimization of vigilance officials after they finish their tenure in the Vigilance Department and revert to their normal duties. The CVC, as an Accepting Authority, in a position to moderate any biased reporting against the CVO in his ACR.
In order that the required degree of protection is conferred on the vigilance officials, the following instructions have been issued:
i) All personnel in Vigilance Units will be posted only in consultation with and the concurrence of the Vigilance Officers for an initial tenure of 3 years extendable up to 5 years. Any premature reversion could be done only with the concurrence of the CVO. The CVO shall bring any deviation to the notice of CVC.
ii) The ACRs of personnel working in the Vigilance Department will be written by the CVO and reviewed by appropriate authority. The remarks in the review shall be perused by the CVO and in case he has reservation about the comments made under the review, he shall take it up with the Chief Executive to resolve the issue. In case he is unable to do this, he shall report the matter to the CVC.
iii) Since the problem of victimization occurs, if at all, after the reversion of the personnel to their normal line departments, the Commission would reiterate the following:
a) On such reversion the vigilance personnel shall not be posted to work under an Officer against whom he had undertaken verification of complaints.
b) All such personnel will be deemed to be under the Commission’s purview for purposes of consultation in disciplinary matters irrespective of their grade.
c) All vigilance personnel on reversion shall be entitled to represent through the CVO and Chief Executive of the organization to the Commission, if they perceive any victimization as a consequence of their working in the Vigilance department. This would include transfers, denial of promotion or any administrative action not considered normal. Such protection in all cases shall cover up to not less than 5 years from the date of reversion.
[CVC Cir. No.16/3/06 dt. 28-3-2006]
REFERENCE TO CVC FOR 1ST AND 2ND STAGE ADVICE
In supersession of all earlier instructions on seeking 1st and 2nd stage advice from the Central Vigilance Commission, the following material is required to be furnished to the Commission:
i) A self-contained note clearly bringing out the facts and the specific point(s) on which CVC’s advice is sought along with files/records
ii) The biodata of the Officer concerned has to be furnished in the revised format (not printed here)
iii) Other documents required:
a) A copy of the complaint/source information received and investigated by the CVO
b) A copy of the investigation report containing allegations in brief, the results of
investigation on each allegation
c) Version of the concerned public servant on the established allegation, the reasons as to why the version of the concerned public servant is not acceptable, and the conclusion of the Investigating Officer
d) Statements of witnesses and copies of the documents seized by the Investigating Officer
e) Comments of the CVO and the Disciplinary Authority on the Investigation Report including the investigation done by the CBI and its recommendations
f) A copy of the draft charge sheet against the suspected public servant along with a list of documents and witnesses through which it is intended to prove the charges.
iv) Other documents required for 2nd stage advice:
a) A copy of the charge sheet issued to the public servant
b) A copy of the Inquiry Report submitted by the Inquiring Authority along with a spare copy for the Commission’s record
c) Entire case-records of the inquiry, viz. copies of the depositions, daily order sheets, exhibits, written briefs of the Presenting Officer and the Charged Officer
d) Comments of the CVO and the Disciplinary Authority on the assessment of evidence done by the Inquiring Authority and also on further course of action to be taken on the Inquiry Report.
[CVC Cir. No.14/3/06 dt. 13-3-2006]
LEAVE ENCASHMENT
In terms of Rule 39 (5-A) of CCS (Leave) Rules, 1972, leave encashment in respect of those who are imposed a penalty of Compulsory retirement is allowed only in cases where the disciplinary authority has not imposed any reduction in the amount of pension (including gratuity). The GoI have re-considered the issue and decided that in cases where the Govt. servants are compulsorily retired, and even if a cut in pension (including gratuity) has been ordered, the benefit of encashment of Earned Leave at the time of such retirement shall be allowed with effect from 13-2-2006. The CCS (Leave) Rules, 1972 have also been amended to that extent.
[GoI DOPT O.M. No.14028/1/2004-Estt.(L) dt. 13-2-2006; Swamysnews, April, 2006, 13-14]
PAY FIXATION IN CASE OF EMPLOYEES ON TRANSFER TO A LOWER POST
The President may, under FR 15 (a), transfer a Govt. servant from one post to another provided that except on account of inefficiency/misbehaviour or on his own request. On such consequence, the pay of such a Govt. servant holding a lower post/scale on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade. If no such stage is available, the pay will be fixed at the stage next below the pay drawn by him in the higher post, and the difference may be granted as personal pay to be absorbed in future increments. If the maximum of the pay scale of the lower post is less than the pay drawn by him in the higher post, his pay may be restricted to the maximum under FR 22 (1) (a) (3).
If such transfer to a lower post is made subject to certain terms and conditions, then the pay may be fixed according to such conditions.
[GoI DOPT O.M.No.16/6/2001-Estt.Pay-I dt. 14-2-2006; Swamysnews, April, 2006, 18]
ENHANCEMENT OF FEE OF RETD. GOVT. SERVANTS ENGAGED AS CONSULTANTS
The fee payable in case of retiring Govt. servants engaged as full-time Consultants was up to Rs.13,000/- and for part-time Consultants, it was Rs.6,500/-. On merger of 50% Dearness Allowance with basic pay w.e.f. 1-4-2004, the fee in respect of Govt. servants who retired on or after 30-4-2004 and engaged as Consultants could now be fixed up to Rs.20,000/- for full time and up to Rs.10,000/- for part-time. In addition, they may also draw their pension and relief thereon. It should be ensured that the fee plus pension plus dearness pension should not exceed the last pay plus dearness pay drawn thereon.
The fee for those who retired on or after 30-4-2004 and engaged prior to issue of these orders has to be refixed w.e.f. 16-3-2006, provided their consultancy service is continued. In case the Consultants are required to be engaged at a fee higher than the limit prescribed, approval of the Appointments Committee of the Cabinet (ACC) has to be obtained.
As there was no element of Dearness Pay prior to 1-4-2004, the fee of those Govt. servants who retired on or before 31-3-2004 shall remain Rs.13,000/- for full time and Rs.6,500/- for part-time.
[GoI DOPT O.M.No.16012/12/2005-Estt.(Allowances) dt. 16-3-2006; Swamysnews, April, 2006, 18-19]
MERGER OF DEARNESS RELIEF WITH PENSION/FAMILY PENSION
Consequent on merger of 50% of Dearness Relief (DR) with pension/family pension w.e.f. 1-4-2004, the existing pensioner/family pensioner will be eligible for the following:
Pensioners/Family Pensioners
Entitlements
(a)
Existing pensioner/family pensioner
drawing pension/family pension as
on 1-4-2004
(i)
(ii)
(iii)
Basic pension/family pension
plus dearness pension/dearness family pension (i.e. dearness relief equivalent to 50% of basic pension/ family pension as on 1-4-2004)
plus dearness relief on both (i) and (ii) above
(b)
Family pensioner whose family pension sanctioned prior to 1-4-2004 but became payable on or after 1-4-2004
(i)
(ii)
(iii)
Basic family pension
plus dearness family pension (i.e. dearness relief equivalent to 50% of basic pension/family pension as on 1-4-2004)
plus dearness relief on both (i) and (ii) above
(c)
Pensioner/family pensioner whose
pension/family pension sanctioned
on or after 1-4-2004
(i)
(ii)
Basic pension/family pension
plus dearness relief
[GOI DOPT O.M. No.41/13/2005-P&PW(G) dt. 1-2-2006; Swamysnews, April, 2006, 19-20]
DEPUTATION (DUTY) ALLOWANCE ON MERGER OF 50% DA AS DP
Dearness Pay has to be taken into account for the purpose of calculating Deputation (Duty) Allowance w.e.f. 1-4-2004, subject to the prescribed ceiling [pay plus Deputation (Duty) Allowance]. However, there is no change in the ceiling. But the DP should not be taken into account for prescribed ceiling of the Pay plus Deputation (Duty) Allowance not exceeding the maximum of the pay scale of deputation post.
[GOI Railway Board's Lr. No. F(E)II/2004/DE1./1 dt. 9-12-2005; Swamysnews, April, 2006, 35]
PROCEDURE IN RESPECT OF SELECTION POSTS UNDER ACP SCHEME
As per of Railway Ministry's decision, an employee who has passed selection for financial upgradation under the scheme of ACP may not be required to appear in the selection for normal promotion, provided that selection for normal promotion is initiated within a period of two years from the date of notification of the results for financial upgradation under the ACP Scheme. In case a person has been given financial upgradation to posts classified as "non-selection", he may not be required to be subjected to suitability test again fro normal promotion.
An employee who has passed selection for promotion in the normal course but has not been empanelled or has been empanelled but has not been promoted within the currency of the panel for want of a vacancy, may be exempted from appearing in the selection for financial upgradation under the Scheme. This condition will also apply to cases where a person has been found suitable for promotion to a post classified as "non-selection post" but has been promoted for want of a vacancy.
[Railway Board's Lr.No.PC-V/2004/ACP/1 dt. 20-12-2005'; Swamysnews, April, 2006, 37-38]
DEARNESS PENSION FOR DEPENDENCY CRITERIA
In terms of SR 2 (8) and GIO (3) of FR & SR of Swamy's Compilation on TA Rules, the Dearness Relief (including Dearness Pension) should not be included while calculating income limit of a pensioner/family pensioner for the purpose of dependence on a Govt. servant for LTC purposes.
[Swamysnews, April, 2006, 90]
ENTITLEMENT OF FAMILY PENSION TO STEPMOTHER
As per the provision contained in clarification (i) (d) of GID (20 below Rule 54 of CCS (Pension) Rules, 1972, the mother of deceased Govt. servant will receive the family pension first and the after her death, the father will receive, subject to the conditions prescribed. However, the stepmother who married the father of the Govt. servant is not covered under the definition of "family".
[Swamysnews, April, 2006, 92-93]
MINIMUM SERVICE CRITERIA FOR COMPULSORY RETIREMENT
There is no condition of minimum service or otherwise prescribed for "Compulsory Retirement" under CCS (CCA) Rules, 1965.
[Swamysnews, April, 2006, 94]
WORKING GROUP FOR FORMULATION OF XI FIVE YEAR PLAN (2007-12)
The XI Five Year Plan (2007-2017) commences from 1st April, 2007. CSIR is accordingly embarking upon an exercise to formulate strategy and approach for the XI Plan and developing programmes/projects therefrom to be implemented through its existing vast competencies. The DG, CSIR has, under his own Chairmanship, constituted a Working Group with the following terms of reference:
i) Review and assess the progress made by CSIR during the X Plan identifying the achievements and shortfalls, if any;
ii) suggest strategies and approach for the XI Plan keeping in view the national S&T perspective and R&D priorities;
iii) help plan programmes/projects in network mode driven by synergy of CSIR system to deliver tangible outputs and outcomes;
iv) identify supra-institutional projects for each Labs./Instts. as flagship projects and dove-tail other activities with Common Minimum Programmes of the Govt.;
v) identify few major world class national facilities to be created to address the critical requirement of S&T sectors; and
vi) estimate resource requirement -- Plan & Non-Plan based on Zero-Based Budgeting from the Govt. budgetary support and also supplement the same from external earnings.
The tenure of the working Group is up to 30th June, 2006.
[CSIR O.M.No.41/3/(11th FYP)/2005-RDPD dt. 22-12-2005]
SANCTION FOR PROSECUTION U/S 19 OF THE PC ACT
The Commission has observed that there have been serious delays in according sanction for prosecution under Section 19 of the PC Act and under Section 197 of CrPC by the competent authorities. The time limit prescribed by the Hon'ble Supreme Court for this is 3 months.
The guidelines on the subject are:
i) Grant of sanction is an administrative act. The purpose is to protect the public servant from harassment by frivolous or vexatious prosecution and not to shied the corrupt. The sanctioning authority has only to see whether the facts would prima facie constitutes the offence.
ii) The competent authority cannot embark upon an inquiry to judge the truth of the allegations on the basis of representation which may be filed by the accused person before the Sanctioning Authority by asking the Investigating Officer (IO) to offer his comments or to further investigate the matter in the light of representation made by the accused person or by otherwise holding a parallel investigation/enquiry by calling for the record/report of his department.
iii) when an offence alleged to have been committed under the Prevention of Corruption
Act has been investigated by the Superintendent of Polish Establishment (SPE), the report of the IO is invariably scrutinized by the DIG, IG and thereafter by DG (CBI). Then the matter is further scrutinized by the concerned Law Officers in CBI.
iv) When the matter has been investigated by such a specialized agency and the report of the IO of such agency has been scrutinized so many times at such high levels, there will hardly be any case where the Govt. would find it difficult to disagree with the request for sanction.
v) The accused person has the liberty to file representations when the matter is pending investigation. When the representations so made have already been considered and the comments of the IO are already before the competent authority there can be no need for any further comments of IO on any further representation.
vi) A representation subsequent to the completion of investigation is not known to law, as the law is well established that the material to be considered by the competent authority is the material which was collected during investigation and was placed before the competent authority.
vii) However, if in any case, the sanctioning authority after consideration of the entire material placed before it, entertains any doubt on any point the competent authority may specify the doubt with sufficient particulars and may request the authority who has sought sanction to clear the doubt. But that would be only to clear the doubt in order that the authority may apply its mind proper and not for the purpose of considering the representations of the accused which may be filed while the matter is pending sanction.
viii) If the sanctioning authority seeks the comments of the IO while the matter is pending before it for sanction, it will almost be impossible for the sanctioning authority to adhere to the time limit allowed by Supreme Court in Vineet Narain's case.
[CVC Order No.005/VGL/11 dt. 12-5-2006]
TREATMENT OF EL FOR COMPUTING SERVICE FOR WRITING ACR
order to record assessment of a staff member in his Annual Confidential Report (ACR), the Reporting/Reviewing Officers are required to have at least 3 months’ experience of supervising the work and conduct of the Govt. servant. Where an Officer has taken Earned Leave for a period of more than 15 days, the total period spent on leave can be deducted from the total period spent on any post for purposes of computing the period of 3 months which is relevant for writing of entries in the ACR. Leave taken for short-term duration need not be treated as relevant for the purpose.
[GI DOPT O.M. No.21011/1/2006-Estt.(A) dt.16-1-2006; CSIR Lr.No.15-3-1/71-O&M (Pt. V) dt.17-4-2006]
In order to discourage CSIR employees even after becoming ineligible to continue to occupy staff quarters under CSIR (Residence Allotment) Rules, 1997, the following upward revision of penal licence fee under Rule 18.1 has been decided by the competent authority w.e.f. 1-4-2006:
Type of
residence
Station
Category-A: Delhi, Kolkata, Mumbai, Chennai, Hyderabad, Bangalore, Lucknow and Pune
Category-B: Other Stations
Type-I
Rs.175/- per Sq. meter p.m.
Rs.175/- per Sq. meter p.m.
Type-II
-do-
-do-
Type-III
-do-
-do-
Type-IV
-do-
Rs.175/- per Sqm. p.m. less
(-) Rs.1000/-
Type-V
Rs.255/- per Sqm. p.m.
Rs.255/- per Sqm. p.m. less
(-) Rs.1000/-
Type VI
-do-
-do-
Type-VII
-do-
-do-
Scientist Apartment/ Hostel
20 Times the normal licence fee
20 Times the normal licence fee;
Less (-) Rs.500/- up to TRSA
Less (-) Rs.1000/- above TRSA
[CSIR Lr.No.28/95/99-Estate dt. 27-3-2006]
INTENSIVE EXAMINATION OF CONSTRUCTION WORKS BY CTE (CVC)
The Chief Technical Examiner (CVC) has noted certain deficiencies in the process of pre-qualifying the contractors and during subsequent execution of work. The following remedial measures as detailed hereunder are suggested:
Pre-qualification of contractors: In case of works exceeding Rs.2.00 crores, the contractors are pre-qualified in the first stage. The pre-qualification exercise should be done strictly as per instructions laid down under Clause 16.5 of CPWD Works Manual and also in a CSIR circular of even number dated 7-3-2005.
Tender Opening Committee: The Tender Opening Committee (TOC) is required to certify correction/insertion/over-writings on each page while opening the tenders. The procedure detailed in circular of even number dated 1-9-2004 has to be followed. If there are no corrections, on a page, the TOC should record “nil” as a token of checking.
Identification of AHR/ALR items: It is necessary to identify Abnormally High Rated (AHR) and Abnormally Low Rated (ALR) items in the contractor’s bid while processing “Award of Work” as per guidelines in CPWD Manual.
Estimated cost put to Tender: While obtaining administrative approval, certain cost index is added over CPWD-DSR to bring the cost at par with the current market rates. However, this should not be reflected while inviting tenders. It may be stated in the Notice Inviting Tenders that the "estimate is based on CPWD-DSR 2002" (or any other schedule as the case may be) based on which the tender has been prepared.
Checking of measurement: The measurements have to be recorded by Jr. Engineer and then should be test-checked by superior Officers. Up to 50% of other measurements have to be checked by next senior Officer. The senior-most Engineer should check at least 10% of the measurements. These test checkings should be reflected in the Measurement Book.
Payment of part-rates: Whenever part-rate is to be paid during the progress of work, reasons must be recorded necessitating the circumstances leading to payment of part-rate.
Test Reports of material: All test reports must be obtained in the name of the Department.
[CSIR Lr.No.11-15(1)/2003-Engg. dt. 29-3-2006]
INCLUSION OF CERTAIN CASTES TO THE CENTRAL LIST OF OBC COMMUNITY
The Govt. of India vide MPPG&P (DOPT) O.M.No.36012/22/93-Estt.(SCT) dated 8-9-1993 have reserved 27% of vacancies in civil posts and services under Central Govt. to be filled through Direct Recruitment in favour of the Other Backward Castes (OBCs). The National Commission for Backward Castes have recommended castes/communities (including sub-castes/synonyms) for inclusion/amendment in the Central lists of OBCs in respect of Andhra Pradesh, Bihar, NCT of Delhi, Goa, Gujarat, Karnataka, Madhya Pradesh, Maharashtra, Orissa, Pondicherry and Uttar Pradesh w.e.f.16-1-2006.
[GOI Min. of Social Justice & Empowerment O.M.No.12011/9/2004-BCC dt. 27-1-2006; Gaz. Notfn. No.12011/2004-BCC dt. 16-1-2006; CSIR Endt. No.19-1(1)/2006/ SC/ST-OBC Cell dt. 30-3-2006]
ABSORPTION OF CASUAL WORKERS
CSIR letter No.1(1)/93-E.II dated 11-3-2003 has been withdrawn since it is understood to have created some sort of misunderstanding with regard to processing the cases of Casual Workers under the Casual Workers Absorption Schemes of 1990 and 1995. Hence, the identified Casual Workers may be considered for absorption as per the provisions contained in the circulars on the subject as circulated under CSIR Lr.No.1(20)/86-E.II dated 4-10-1990 and No.2(28)/91-E.II dated 6-12-1995.
[CSIR Lr.No.1(1)/93-E.II dt. 3/4-4-2006]
RECONSTITUTION OF CSIR SPORTS PROMOTION BOARD
The CSIR Sports Promotion Board has been re-constituted as follows:
Dr. N. Ramakrishnan, Director, RRL, Bhopal President
Shri Nikhilesh Jha, Jt. Secretary (Admn.), CSIR Vice-President (Ex-Officio)
Mrs. Rama Murali, FA, CSIR Member (Ex-Officio)
Shri A.K. Verma, Scientist, CSIR HQs. Secretary
Shri T.K. Bhattacharya, F&AO, CSIR HQs. Treasurer
Shri D.K. Gautam, Scientist, CBRI, Roorkee Member
Shri C.V. Raghavan, Head (C&M), CFTRI, Mysore “
Smt. Y. Sujata, Sr. Steno., IICT, Hyderabad “
Shri S.C. Kalra, Staff Officer to DG, CSIR "
Shri Govind Ranade, Scientist, NIO, Goa “
Shri S.S. Wazir, T.O., RRL, Jammu “
Dr. P.J. Bhuyan, Scientist, RRL, Jorhat “
The tenure of the Board shall be for a period of two years w.e.f. 1-4-2006.
[CSIR O.M.No.9(58)/99-E.III dt. 5-4-2006]
TIMELY COMPLETION OF ACR/APAR/ARP
In order to avoid administrative problems, it has been ordered that henceforth, the following schedule has to be strictly followed for completion of ACRs/APARs/ARPs:
i) Distribution of ACR/APAR/ARP pro forma .. By 10th April
ii) Submission of self-Appraisal Report (SAR)
in down-loaded pro forma to Administration .. By 20th April
iii) Forwarding of Report pro forma by Administration .. By 30th April
to the Reporting Officer
iv) Submission of SAR by the employee to Reporting
Officer [as in step (iii)] .. By 30th April
v) Completion of report by Reporting Officer
and submission to Reviewing Officer .. By 31st May
vi) Completion of report by the Reviewing Officer .. By 20th June
vii) Forwarding completed reports to Administration .. By 30th June
Reports in respect of Scientist G and common Cadre Officers have to be sent to the Chief Vigilance Officer, CSIR, New Delhi
It has further been ordered that:
i) The names of the Reporting and Reviewing Officers should be notified to the employees well in time.
ii) Part-I of the pro forma of respective reports has to be kept on Website by the respective Labs./Instts. and CSIR HQs. wherever such facility exists or alternatively the Administrative units may provide the same to all the staff members.
iii) If a particular employee fails to submit SAR by the scheduled date, the Reporting Officer should obtain/down-load the pro forma and fill the portion earmarked for Reporting Officer based on knowledge of the work and conduct of the employee being reported upon. And at the same time, explanation of such employee has to be obtained for failing to submit the SAR by the stipulated date.
iv) It shall be the personal responsibility of the Reporting/Reviewing Officers to ensure that no delay is caused in completing the reports.
v) The meetings of DPCs/Assessment Committees shall be held only after the reports in respect of all the Officers who are to be considered have been received and verified.
[CSIR Lr.No.15-3/1/71(2006) dt. 10-4-2006]
TWO-YEAR EARLIER ASSESSMENT UNDER REVISED MANAS
The benefit of two-years earlier assessment will henceforth be granted to all those employees covered under Revised MANAS who had acquired qualification of the next higher group, i.e. whose results have been declared after joining CSIR service but not to those who are already in possession of qualification of the next higher group at the time of joining CSIR service. Such benefit will be granted for two-year earlier assessment falling due on or after the date of issue of these instructions, i.e. 16-3-2006
[CSIR Lr.No.17/66/20/94-PPS dt. 16-3-2006]
SC/ST REPRESENTATIVE IN ASSESSMENT COMMITTEES
A representative of SC/ST categories should invariably be included in all the Assessment/Selection Committees where the cases of candidates belonging to these categories are to be considered.
In the case of Scientific staff belonging to SC/ST categories in whose cases assessment is due on or prior to 7-4-2004
RELAXATION OF THRESHOLD MARKS FOR ASSESSMENT
A representative of SC/ST categories should invariably be included in all the Assessment/Selection Committees where the cases of candidates belonging to these categories are to be considered.
In respect of cases in which assessment is due on or prior to 7-4-2004 (i.e. the date on which decision to withdraw relaxation of marks in assessment was notified) under CSRAP Rules, 2001 may be re-opened/reconsidered by the RAB and Directors of all CSIR Labs./Instts. and given relaxation of 10 marks in the threshold marks by the Assessment Committee while deciding their cases for assessment promotion to the next higher grade.
Since there is no concept of threshold marks in the “CSIR Scientist Recruitment & Assessment Promotion Rules, 2001”, the instructions contained in CSIR letter dated 4-1-2006 with regard to “relaxation of 10 marks in the threshold” may be modified to read as “to follow relaxed standards” in the assessment applicable to the assessment cases falling due before or up to 7-4-2004.
[CSIR Lr.No.7-1(2)/2006-R&A dt. 7-4-2004, 4-1-2006 & 14-2-2006]
PROTECTION OF OFFICIALS OF THE VIGILANCE UNITS
There is a need to allow the Vigilance Officials to work independently and freely without any fear which is the foundation for effective vigilance administration in any organization.
The CVC has considered possible victimization of vigilance officials after they finish their tenure in the Vigilance Department and revert to their normal duties. The CVC, as an Accepting Authority, in a position to moderate any biased reporting against the CVO in his ACR.
In order that the required degree of protection is conferred on the vigilance officials, the following instructions have been issued:
i) All personnel in Vigilance Units will be posted only in consultation with and the concurrence of the Vigilance Officers for an initial tenure of 3 years extendable up to 5 years. Any premature reversion could be done only with the concurrence of the CVO. The CVO shall bring any deviation to the notice of CVC.
ii) The ACRs of personnel working in the Vigilance Department will be written by the CVO and reviewed by appropriate authority. The remarks in the review shall be perused by the CVO and in case he has reservation about the comments made under the review, he shall take it up with the Chief Executive to resolve the issue. In case he is unable to do this, he shall report the matter to the CVC.
iii) Since the problem of victimization occurs, if at all, after the reversion of the personnel to their normal line departments, the Commission would reiterate the following:
a) On such reversion the vigilance personnel shall not be posted to work under an Officer against whom he had undertaken verification of complaints.
b) All such personnel will be deemed to be under the Commission’s purview for purposes of consultation in disciplinary matters irrespective of their grade.
c) All vigilance personnel on reversion shall be entitled to represent through the CVO and Chief Executive of the organization to the Commission, if they perceive any victimization as a consequence of their working in the Vigilance department. This would include transfers, denial of promotion or any administrative action not considered normal. Such protection in all cases shall cover up to not less than 5 years from the date of reversion.
[CVC Cir. No.16/3/06 dt. 28-3-2006]
REFERENCE TO CVC FOR 1ST AND 2ND STAGE ADVICE
In supersession of all earlier instructions on seeking 1st and 2nd stage advice from the Central Vigilance Commission, the following material is required to be furnished to the Commission:
i) A self-contained note clearly bringing out the facts and the specific point(s) on which CVC’s advice is sought along with files/records
ii) The biodata of the Officer concerned has to be furnished in the revised format (not printed here)
iii) Other documents required:
a) A copy of the complaint/source information received and investigated by the CVO
b) A copy of the investigation report containing allegations in brief, the results of
investigation on each allegation
c) Version of the concerned public servant on the established allegation, the reasons as to why the version of the concerned public servant is not acceptable, and the conclusion of the Investigating Officer
d) Statements of witnesses and copies of the documents seized by the Investigating Officer
e) Comments of the CVO and the Disciplinary Authority on the Investigation Report including the investigation done by the CBI and its recommendations
f) A copy of the draft charge sheet against the suspected public servant along with a list of documents and witnesses through which it is intended to prove the charges.
iv) Other documents required for 2nd stage advice:
a) A copy of the charge sheet issued to the public servant
b) A copy of the Inquiry Report submitted by the Inquiring Authority along with a spare copy for the Commission’s record
c) Entire case-records of the inquiry, viz. copies of the depositions, daily order sheets, exhibits, written briefs of the Presenting Officer and the Charged Officer
d) Comments of the CVO and the Disciplinary Authority on the assessment of evidence done by the Inquiring Authority and also on further course of action to be taken on the Inquiry Report.
[CVC Cir. No.14/3/06 dt. 13-3-2006]
LEAVE ENCASHMENT
In terms of Rule 39 (5-A) of CCS (Leave) Rules, 1972, leave encashment in respect of those who are imposed a penalty of Compulsory retirement is allowed only in cases where the disciplinary authority has not imposed any reduction in the amount of pension (including gratuity). The GoI have re-considered the issue and decided that in cases where the Govt. servants are compulsorily retired, and even if a cut in pension (including gratuity) has been ordered, the benefit of encashment of Earned Leave at the time of such retirement shall be allowed with effect from 13-2-2006. The CCS (Leave) Rules, 1972 have also been amended to that extent.
[GoI DOPT O.M. No.14028/1/2004-Estt.(L) dt. 13-2-2006; Swamysnews, April, 2006, 13-14]
PAY FIXATION IN CASE OF EMPLOYEES ON TRANSFER TO A LOWER POST
The President may, under FR 15 (a), transfer a Govt. servant from one post to another provided that except on account of inefficiency/misbehaviour or on his own request. On such consequence, the pay of such a Govt. servant holding a lower post/scale on regular basis will be fixed at a stage equal to the pay drawn by him in the higher grade. If no such stage is available, the pay will be fixed at the stage next below the pay drawn by him in the higher post, and the difference may be granted as personal pay to be absorbed in future increments. If the maximum of the pay scale of the lower post is less than the pay drawn by him in the higher post, his pay may be restricted to the maximum under FR 22 (1) (a) (3).
If such transfer to a lower post is made subject to certain terms and conditions, then the pay may be fixed according to such conditions.
[GoI DOPT O.M.No.16/6/2001-Estt.Pay-I dt. 14-2-2006; Swamysnews, April, 2006, 18]
ENHANCEMENT OF FEE OF RETD. GOVT. SERVANTS ENGAGED AS CONSULTANTS
The fee payable in case of retiring Govt. servants engaged as full-time Consultants was up to Rs.13,000/- and for part-time Consultants, it was Rs.6,500/-. On merger of 50% Dearness Allowance with basic pay w.e.f. 1-4-2004, the fee in respect of Govt. servants who retired on or after 30-4-2004 and engaged as Consultants could now be fixed up to Rs.20,000/- for full time and up to Rs.10,000/- for part-time. In addition, they may also draw their pension and relief thereon. It should be ensured that the fee plus pension plus dearness pension should not exceed the last pay plus dearness pay drawn thereon.
The fee for those who retired on or after 30-4-2004 and engaged prior to issue of these orders has to be refixed w.e.f. 16-3-2006, provided their consultancy service is continued. In case the Consultants are required to be engaged at a fee higher than the limit prescribed, approval of the Appointments Committee of the Cabinet (ACC) has to be obtained.
As there was no element of Dearness Pay prior to 1-4-2004, the fee of those Govt. servants who retired on or before 31-3-2004 shall remain Rs.13,000/- for full time and Rs.6,500/- for part-time.
[GoI DOPT O.M.No.16012/12/2005-Estt.(Allowances) dt. 16-3-2006; Swamysnews, April, 2006, 18-19]
MERGER OF DEARNESS RELIEF WITH PENSION/FAMILY PENSION
Consequent on merger of 50% of Dearness Relief (DR) with pension/family pension w.e.f. 1-4-2004, the existing pensioner/family pensioner will be eligible for the following:
Pensioners/Family Pensioners
Entitlements
(a)
Existing pensioner/family pensioner
drawing pension/family pension as
on 1-4-2004
(i)
(ii)
(iii)
Basic pension/family pension
plus dearness pension/dearness family pension (i.e. dearness relief equivalent to 50% of basic pension/ family pension as on 1-4-2004)
plus dearness relief on both (i) and (ii) above
(b)
Family pensioner whose family pension sanctioned prior to 1-4-2004 but became payable on or after 1-4-2004
(i)
(ii)
(iii)
Basic family pension
plus dearness family pension (i.e. dearness relief equivalent to 50% of basic pension/family pension as on 1-4-2004)
plus dearness relief on both (i) and (ii) above
(c)
Pensioner/family pensioner whose
pension/family pension sanctioned
on or after 1-4-2004
(i)
(ii)
Basic pension/family pension
plus dearness relief
[GOI DOPT O.M. No.41/13/2005-P&PW(G) dt. 1-2-2006; Swamysnews, April, 2006, 19-20]
DEPUTATION (DUTY) ALLOWANCE ON MERGER OF 50% DA AS DP
Dearness Pay has to be taken into account for the purpose of calculating Deputation (Duty) Allowance w.e.f. 1-4-2004, subject to the prescribed ceiling [pay plus Deputation (Duty) Allowance]. However, there is no change in the ceiling. But the DP should not be taken into account for prescribed ceiling of the Pay plus Deputation (Duty) Allowance not exceeding the maximum of the pay scale of deputation post.
[GOI Railway Board's Lr. No. F(E)II/2004/DE1./1 dt. 9-12-2005; Swamysnews, April, 2006, 35]
PROCEDURE IN RESPECT OF SELECTION POSTS UNDER ACP SCHEME
As per of Railway Ministry's decision, an employee who has passed selection for financial upgradation under the scheme of ACP may not be required to appear in the selection for normal promotion, provided that selection for normal promotion is initiated within a period of two years from the date of notification of the results for financial upgradation under the ACP Scheme. In case a person has been given financial upgradation to posts classified as "non-selection", he may not be required to be subjected to suitability test again fro normal promotion.
An employee who has passed selection for promotion in the normal course but has not been empanelled or has been empanelled but has not been promoted within the currency of the panel for want of a vacancy, may be exempted from appearing in the selection for financial upgradation under the Scheme. This condition will also apply to cases where a person has been found suitable for promotion to a post classified as "non-selection post" but has been promoted for want of a vacancy.
[Railway Board's Lr.No.PC-V/2004/ACP/1 dt. 20-12-2005'; Swamysnews, April, 2006, 37-38]
DEARNESS PENSION FOR DEPENDENCY CRITERIA
In terms of SR 2 (8) and GIO (3) of FR & SR of Swamy's Compilation on TA Rules, the Dearness Relief (including Dearness Pension) should not be included while calculating income limit of a pensioner/family pensioner for the purpose of dependence on a Govt. servant for LTC purposes.
[Swamysnews, April, 2006, 90]
ENTITLEMENT OF FAMILY PENSION TO STEPMOTHER
As per the provision contained in clarification (i) (d) of GID (20 below Rule 54 of CCS (Pension) Rules, 1972, the mother of deceased Govt. servant will receive the family pension first and the after her death, the father will receive, subject to the conditions prescribed. However, the stepmother who married the father of the Govt. servant is not covered under the definition of "family".
[Swamysnews, April, 2006, 92-93]
MINIMUM SERVICE CRITERIA FOR COMPULSORY RETIREMENT
There is no condition of minimum service or otherwise prescribed for "Compulsory Retirement" under CCS (CCA) Rules, 1965.
[Swamysnews, April, 2006, 94]
WORKING GROUP FOR FORMULATION OF XI FIVE YEAR PLAN (2007-12)
The XI Five Year Plan (2007-2017) commences from 1st April, 2007. CSIR is accordingly embarking upon an exercise to formulate strategy and approach for the XI Plan and developing programmes/projects therefrom to be implemented through its existing vast competencies. The DG, CSIR has, under his own Chairmanship, constituted a Working Group with the following terms of reference:
i) Review and assess the progress made by CSIR during the X Plan identifying the achievements and shortfalls, if any;
ii) suggest strategies and approach for the XI Plan keeping in view the national S&T perspective and R&D priorities;
iii) help plan programmes/projects in network mode driven by synergy of CSIR system to deliver tangible outputs and outcomes;
iv) identify supra-institutional projects for each Labs./Instts. as flagship projects and dove-tail other activities with Common Minimum Programmes of the Govt.;
v) identify few major world class national facilities to be created to address the critical requirement of S&T sectors; and
vi) estimate resource requirement -- Plan & Non-Plan based on Zero-Based Budgeting from the Govt. budgetary support and also supplement the same from external earnings.
The tenure of the working Group is up to 30th June, 2006.
[CSIR O.M.No.41/3/(11th FYP)/2005-RDPD dt. 22-12-2005]
SANCTION FOR PROSECUTION U/S 19 OF THE PC ACT
The Commission has observed that there have been serious delays in according sanction for prosecution under Section 19 of the PC Act and under Section 197 of CrPC by the competent authorities. The time limit prescribed by the Hon'ble Supreme Court for this is 3 months.
The guidelines on the subject are:
i) Grant of sanction is an administrative act. The purpose is to protect the public servant from harassment by frivolous or vexatious prosecution and not to shied the corrupt. The sanctioning authority has only to see whether the facts would prima facie constitutes the offence.
ii) The competent authority cannot embark upon an inquiry to judge the truth of the allegations on the basis of representation which may be filed by the accused person before the Sanctioning Authority by asking the Investigating Officer (IO) to offer his comments or to further investigate the matter in the light of representation made by the accused person or by otherwise holding a parallel investigation/enquiry by calling for the record/report of his department.
iii) when an offence alleged to have been committed under the Prevention of Corruption
Act has been investigated by the Superintendent of Polish Establishment (SPE), the report of the IO is invariably scrutinized by the DIG, IG and thereafter by DG (CBI). Then the matter is further scrutinized by the concerned Law Officers in CBI.
iv) When the matter has been investigated by such a specialized agency and the report of the IO of such agency has been scrutinized so many times at such high levels, there will hardly be any case where the Govt. would find it difficult to disagree with the request for sanction.
v) The accused person has the liberty to file representations when the matter is pending investigation. When the representations so made have already been considered and the comments of the IO are already before the competent authority there can be no need for any further comments of IO on any further representation.
vi) A representation subsequent to the completion of investigation is not known to law, as the law is well established that the material to be considered by the competent authority is the material which was collected during investigation and was placed before the competent authority.
vii) However, if in any case, the sanctioning authority after consideration of the entire material placed before it, entertains any doubt on any point the competent authority may specify the doubt with sufficient particulars and may request the authority who has sought sanction to clear the doubt. But that would be only to clear the doubt in order that the authority may apply its mind proper and not for the purpose of considering the representations of the accused which may be filed while the matter is pending sanction.
viii) If the sanctioning authority seeks the comments of the IO while the matter is pending before it for sanction, it will almost be impossible for the sanctioning authority to adhere to the time limit allowed by Supreme Court in Vineet Narain's case.
[CVC Order No.005/VGL/11 dt. 12-5-2006]
TREATMENT OF EL FOR COMPUTING SERVICE FOR WRITING ACR
order to record assessment of a staff member in his Annual Confidential Report (ACR), the Reporting/Reviewing Officers are required to have at least 3 months’ experience of supervising the work and conduct of the Govt. servant. Where an Officer has taken Earned Leave for a period of more than 15 days, the total period spent on leave can be deducted from the total period spent on any post for purposes of computing the period of 3 months which is relevant for writing of entries in the ACR. Leave taken for short-term duration need not be treated as relevant for the purpose.
[GI DOPT O.M. No.21011/1/2006-Estt.(A) dt.16-1-2006; CSIR Lr.No.15-3-1/71-O&M (Pt. V) dt.17-4-2006]
.o.
April, 2006
CLARIFICATIONS ON BOND OBLIGATION
The following clarifications with regard to realizing the bond amount from the Scientists who went abroad and failed to fulfil the bond obligations have been issued by CSIR:
1. If any Scientist whose whereabouts are not known for more than 5 years, it may be assumed that the Scientist has left CSIR service himself and the name should be struck off from the rolls of the Institute.
2. Wherever the Scientists furnish a bond, the amount of the bond should be recovered from the concerned Scientist/sureties. If any other dues are to be recovered, it should be done immediately.
3. If any amount is available in the Provident Fund of the Scientist and the Scientist has not contacted with the Institute, the dues should be adjusted against PF amount. Generally, recovery from PF is not done but when the Scientist is neither present in India nor contacted to Institute for several years, then it is clear that he may not claim PF.
4. In cases where departmental action has been taken, appropriate order should be passed, and names of the Scientists should be struck off from the rolls of the Lab./Instt.
[CSIR Lr. No.27/Bond/2002-ISTAD dt. 25-8-2005]
PUBLIC GRIEVANCES REDRESSAL & MONITORING SYSTEM
In order to have a formal system of Consumer Grievances Redressal & Monitoring at the CSIR HQs., the following administrative structure has been brought into existence:
Chief Executive Officer .. Jt. Secretary (Admn.), CSIR
Public Grievance Officers .. Dy. Secretary (Central Office, CSIR HQs.)
Dy. Secretary (CSIR Cx.), CSIR HQs.
Head, IPMD for IPMD
Head, URDIP for URDIP
[CSIR O.M.No.6-9(131)/2006(M)-E.III dt. 23-2-2006]
TENDERS/CONTRACTS ON WEBSITES/BULLETINS
The following information is invariably required to be placed on Websites/Bulletins of respective Labs./Instts. in respect of works valuing Rs.25 lakhs or more: (1) Number of tenders sold; (2) Names of the firms which were rejected issue of tender; (3) Grounds for such rejection; (4) Names of the firms responded within due date and time; (5) Amount quoted by each firm; (6) Name of the lowest tenderer; and (7) Name of the firm to which work has been awarded.
In respect of Purchase cases, except for No.2 and 3 above, the information as listed above may also be placed on the Website/Bulletin.
[CSIR Lr.No.15-6(83)/98-O&M (Vol. III) dt. 17-3-2006]
The following clarifications with regard to realizing the bond amount from the Scientists who went abroad and failed to fulfil the bond obligations have been issued by CSIR:
1. If any Scientist whose whereabouts are not known for more than 5 years, it may be assumed that the Scientist has left CSIR service himself and the name should be struck off from the rolls of the Institute.
2. Wherever the Scientists furnish a bond, the amount of the bond should be recovered from the concerned Scientist/sureties. If any other dues are to be recovered, it should be done immediately.
3. If any amount is available in the Provident Fund of the Scientist and the Scientist has not contacted with the Institute, the dues should be adjusted against PF amount. Generally, recovery from PF is not done but when the Scientist is neither present in India nor contacted to Institute for several years, then it is clear that he may not claim PF.
4. In cases where departmental action has been taken, appropriate order should be passed, and names of the Scientists should be struck off from the rolls of the Lab./Instt.
[CSIR Lr. No.27/Bond/2002-ISTAD dt. 25-8-2005]
PUBLIC GRIEVANCES REDRESSAL & MONITORING SYSTEM
In order to have a formal system of Consumer Grievances Redressal & Monitoring at the CSIR HQs., the following administrative structure has been brought into existence:
Chief Executive Officer .. Jt. Secretary (Admn.), CSIR
Public Grievance Officers .. Dy. Secretary (Central Office, CSIR HQs.)
Dy. Secretary (CSIR Cx.), CSIR HQs.
Head, IPMD for IPMD
Head, URDIP for URDIP
[CSIR O.M.No.6-9(131)/2006(M)-E.III dt. 23-2-2006]
TENDERS/CONTRACTS ON WEBSITES/BULLETINS
The following information is invariably required to be placed on Websites/Bulletins of respective Labs./Instts. in respect of works valuing Rs.25 lakhs or more: (1) Number of tenders sold; (2) Names of the firms which were rejected issue of tender; (3) Grounds for such rejection; (4) Names of the firms responded within due date and time; (5) Amount quoted by each firm; (6) Name of the lowest tenderer; and (7) Name of the firm to which work has been awarded.
In respect of Purchase cases, except for No.2 and 3 above, the information as listed above may also be placed on the Website/Bulletin.
[CSIR Lr.No.15-6(83)/98-O&M (Vol. III) dt. 17-3-2006]
REVIEW OF SIZE OF ZONE OF CONSIDERATION
It has been decided by the Govt. that there shall be no supersession in the matter of ‘selection’ promotion and the Officers are to be graded by the DPC as ‘fit’ or ‘unfit’ with reference to the prescribed benchmark and those found ‘fit’ are to be included in the panel as per the seniority in the feeder grade.
In view of the above, having a larger size of zone of consideration than necessary in the revised context would lead to unnecessary paper work which may also lead to delay in convening DPCs. However, the zone of consideration has to be still wide enough to cater to the needs of the Department/Cadre authorities for giving an extended panel against empanelled Officers (i) who are on deputation and are expected to proceed shortly; (ii) who have retired or will be retiring in the course of the vacancy year; or who have refused promotion and are under debarment. The size should also be sufficient to take care of Officers in the feeder grade whose cases are to be placed in 'sealed cover’ and those who do not meet the prescribed benchmark.
Accordingly, a need has arisen to modify the existing provisions relating to size of zone of consideration as under:
i) For vacancies up to (and including) 10, existing provisions relating to normal size of zone of consideration will continue to be applicable.
ii) For vacancies exceeding 10, the normal size of zone of consideration will now be "one and half times the number of vacancies", rounded off to next higher integer, plus three but shall not be less than the size of zone of consideration for ten vacancies; and
iii) The existing size of extended zone of consideration for SC/ST Officers, viz. five times the total number of vacancies, will continue to be applicable.
DPC need not assess and grade all the Officers in the eligibility list. Assessment of suitability of eligible employees in the zone of consideration in the descending order of seniority in the feeder grade for inclusion in the panel for promotion may be considered only up to a number which is considered sufficient for preparing the normal panel with reference to the number of vacancies as also for preparing the extended panel for promotion. In respect of remaining employees in the zone of consideration, it is not considered necessary, as sufficient number of employees with prescribed bench mark have become available.
Reckoner
The following shall explain the normal zone of consideration and corresponding extended zone of consideration for physically handicapped persons. It is reiterated that the extended zone of consideration for SC/ST communities will continue to be 5 times the number of vacancies:
Number of vacancies: 1; Normal size of zone of consideration: 5; (Extended zone of consideration: 5) i.e., 1:5 (Extended zone of consideration: 5); similarly for: 2:8 (10); 3:10 (15); 4:12 (20); 5:14 (25); 6:16 (30); 7:18 (35); 8:20 (40); 9:22 (45); 10:24 (50); 11:24 (55); 12:24 (60); 13:24 (65); 14:24 (70); 15:26 (75); 16:27 (80); 17:29 (85); 18:30 (90); 19:32 (95); 20:33 (100); 30:48 (150); 40:63 (200); 50:78 (250); 60:93 (300); 70:108 (350); 80:123 (400); 90:138 (450); 100:153 (500).
[GI DOPT O.M.No.22011/2/2002-Estt.(D) dt. 6-1-2006; Swamysnews, March 2006, 10-13]
TREATMENT OF EL FOR COMPUTING SERVICE FOR WRITING ACR
In order to record assessment of a staff member in his Annual Confidential Report (ACR), the Reporting/Reviewing Officers are required to have at least 3 months’ experience of supervising the work and conduct of the Govt. servant. Where an Officer has taken Earned Leave for a period of more than 15 days, the total period spent on leave can be deducted from the total period spent on any post for purposes of computing the period of 3 months which is relevant for writing of entries in the ACR. Leave taken for short-term duration need not be treated as relevant for the purpose.
[GI DOPT O.M.No.21011/1/2006-Estt.(A) dt. 16-1-2006; Swamysnews, March 2006, 13]
SUPPLY OF MEDICINES THROUGH CGHS DISPENSARIES
The CGHS Dispensaries receive bulk supply of generic/proprietary medicines from GMSD/CGHS Medical Store Depot. Where medicines have identical pharmaceutical formulation and therapeutic value in comparison to the branded/proprietary medicines prescribed by Govt. Specialist, the beneficiaries would be issued the generic/proprietary medicines received from the Depot. Supply of such type of medicines would not be termed as substitute medicine, as it does not change the character/potency of the medicine, provided the chemical formulation of both the branded/proprietary drug and the generic drug are the same.
Specialists of the Hospital are advised to prescribe formulatary drugs of Medical Store Depot to the beneficiaries of CGHS as far as applicable so that immediate availability of drugs can be ensured. Further, medicines prescribed by the Specialist having identical Pharmaceuticals formulations and therapeutic values, if available in the Depot/Dispensary, the same may be issued, except otherwise marked as essential/ inescapable.
[GI DGHS Lr. No. 3-10/2004-CGHS(VC)450 & No. 3-10/2004-CGHS/VC/1054-1354 dt. 25-4-2005 & 16-11-2005; Swamysnews, Dec. 2005, 6 & March 2006, 15]
FAMILY PENSION TO BLIND SON/DAUGHTER
While clarifying to its administrative authorities, the Railway Board said that sanction of family pension to a dependent blind son/daughter will be subject to fulfilment of all other conditions including the one that the son/daughter was suffering from the disability of blindness before attaining the age of 25 years because of which he/she was incapable of earning livelihood and that continues to suffer from the disability even after attaining the age of 25 years and the disability renders incapable of earning livelihood as evidenced by a certificate obtained from a Medical Officer not below the rank of a Divisional Medical Officer.
If such a son or daughter is cured or improved of the blindness subsequently and he/she becomes capable of earning or starts earning a living, the family pension sanctioned on fulfilment of all these conditions will be discontinued.
[GI Railway Board’s Lr. No. F(E)III/2000/PN1/65 dt. 14-12-2005; Swamysnews, March 2006, 15-16]
FILLING UP OF BACKLOG VACANCIES RESERVED FOR SC & ST
While reviewing the progress of the Special Recruitment Drive to fill up backlog vacancies of SCs and STs, certain problems have been identified to be the main causes of non-filling up of the vacancies. Accordingly, the following action has been suggested with a direction to send a report in respect of backlog vacancies identified and filled during the Special Recruitment Drive once by 15-2-2006, and finally by 15-4-2006 in prescribed pro forma:
i)Where SC/ST candidates have not become available in first attempt of Direct Recruitment, the Ministries/Departments/Organizations may make another attempt to fill up the vacancies.
ii)Backlog vacancies in sick PSUs where no recruitments are being made may be exempted from the purview of the Special Recruitment Drive.
iii)UPSC/SSC are requested to expedite the selection of candidates for which indents have been placed with them. Ministries/Departments may issue necessary instructions to the recruiting agencies under their administrative control for expediting the finalization.
It has been decided by the Govt. that there shall be no supersession in the matter of ‘selection’ promotion and the Officers are to be graded by the DPC as ‘fit’ or ‘unfit’ with reference to the prescribed benchmark and those found ‘fit’ are to be included in the panel as per the seniority in the feeder grade.
In view of the above, having a larger size of zone of consideration than necessary in the revised context would lead to unnecessary paper work which may also lead to delay in convening DPCs. However, the zone of consideration has to be still wide enough to cater to the needs of the Department/Cadre authorities for giving an extended panel against empanelled Officers (i) who are on deputation and are expected to proceed shortly; (ii) who have retired or will be retiring in the course of the vacancy year; or who have refused promotion and are under debarment. The size should also be sufficient to take care of Officers in the feeder grade whose cases are to be placed in 'sealed cover’ and those who do not meet the prescribed benchmark.
Accordingly, a need has arisen to modify the existing provisions relating to size of zone of consideration as under:
i) For vacancies up to (and including) 10, existing provisions relating to normal size of zone of consideration will continue to be applicable.
ii) For vacancies exceeding 10, the normal size of zone of consideration will now be "one and half times the number of vacancies", rounded off to next higher integer, plus three but shall not be less than the size of zone of consideration for ten vacancies; and
iii) The existing size of extended zone of consideration for SC/ST Officers, viz. five times the total number of vacancies, will continue to be applicable.
DPC need not assess and grade all the Officers in the eligibility list. Assessment of suitability of eligible employees in the zone of consideration in the descending order of seniority in the feeder grade for inclusion in the panel for promotion may be considered only up to a number which is considered sufficient for preparing the normal panel with reference to the number of vacancies as also for preparing the extended panel for promotion. In respect of remaining employees in the zone of consideration, it is not considered necessary, as sufficient number of employees with prescribed bench mark have become available.
Reckoner
The following shall explain the normal zone of consideration and corresponding extended zone of consideration for physically handicapped persons. It is reiterated that the extended zone of consideration for SC/ST communities will continue to be 5 times the number of vacancies:
Number of vacancies: 1; Normal size of zone of consideration: 5; (Extended zone of consideration: 5) i.e., 1:5 (Extended zone of consideration: 5); similarly for: 2:8 (10); 3:10 (15); 4:12 (20); 5:14 (25); 6:16 (30); 7:18 (35); 8:20 (40); 9:22 (45); 10:24 (50); 11:24 (55); 12:24 (60); 13:24 (65); 14:24 (70); 15:26 (75); 16:27 (80); 17:29 (85); 18:30 (90); 19:32 (95); 20:33 (100); 30:48 (150); 40:63 (200); 50:78 (250); 60:93 (300); 70:108 (350); 80:123 (400); 90:138 (450); 100:153 (500).
[GI DOPT O.M.No.22011/2/2002-Estt.(D) dt. 6-1-2006; Swamysnews, March 2006, 10-13]
TREATMENT OF EL FOR COMPUTING SERVICE FOR WRITING ACR
In order to record assessment of a staff member in his Annual Confidential Report (ACR), the Reporting/Reviewing Officers are required to have at least 3 months’ experience of supervising the work and conduct of the Govt. servant. Where an Officer has taken Earned Leave for a period of more than 15 days, the total period spent on leave can be deducted from the total period spent on any post for purposes of computing the period of 3 months which is relevant for writing of entries in the ACR. Leave taken for short-term duration need not be treated as relevant for the purpose.
[GI DOPT O.M.No.21011/1/2006-Estt.(A) dt. 16-1-2006; Swamysnews, March 2006, 13]
SUPPLY OF MEDICINES THROUGH CGHS DISPENSARIES
The CGHS Dispensaries receive bulk supply of generic/proprietary medicines from GMSD/CGHS Medical Store Depot. Where medicines have identical pharmaceutical formulation and therapeutic value in comparison to the branded/proprietary medicines prescribed by Govt. Specialist, the beneficiaries would be issued the generic/proprietary medicines received from the Depot. Supply of such type of medicines would not be termed as substitute medicine, as it does not change the character/potency of the medicine, provided the chemical formulation of both the branded/proprietary drug and the generic drug are the same.
Specialists of the Hospital are advised to prescribe formulatary drugs of Medical Store Depot to the beneficiaries of CGHS as far as applicable so that immediate availability of drugs can be ensured. Further, medicines prescribed by the Specialist having identical Pharmaceuticals formulations and therapeutic values, if available in the Depot/Dispensary, the same may be issued, except otherwise marked as essential/ inescapable.
[GI DGHS Lr. No. 3-10/2004-CGHS(VC)450 & No. 3-10/2004-CGHS/VC/1054-1354 dt. 25-4-2005 & 16-11-2005; Swamysnews, Dec. 2005, 6 & March 2006, 15]
FAMILY PENSION TO BLIND SON/DAUGHTER
While clarifying to its administrative authorities, the Railway Board said that sanction of family pension to a dependent blind son/daughter will be subject to fulfilment of all other conditions including the one that the son/daughter was suffering from the disability of blindness before attaining the age of 25 years because of which he/she was incapable of earning livelihood and that continues to suffer from the disability even after attaining the age of 25 years and the disability renders incapable of earning livelihood as evidenced by a certificate obtained from a Medical Officer not below the rank of a Divisional Medical Officer.
If such a son or daughter is cured or improved of the blindness subsequently and he/she becomes capable of earning or starts earning a living, the family pension sanctioned on fulfilment of all these conditions will be discontinued.
[GI Railway Board’s Lr. No. F(E)III/2000/PN1/65 dt. 14-12-2005; Swamysnews, March 2006, 15-16]
FILLING UP OF BACKLOG VACANCIES RESERVED FOR SC & ST
While reviewing the progress of the Special Recruitment Drive to fill up backlog vacancies of SCs and STs, certain problems have been identified to be the main causes of non-filling up of the vacancies. Accordingly, the following action has been suggested with a direction to send a report in respect of backlog vacancies identified and filled during the Special Recruitment Drive once by 15-2-2006, and finally by 15-4-2006 in prescribed pro forma:
i)Where SC/ST candidates have not become available in first attempt of Direct Recruitment, the Ministries/Departments/Organizations may make another attempt to fill up the vacancies.
ii)Backlog vacancies in sick PSUs where no recruitments are being made may be exempted from the purview of the Special Recruitment Drive.
iii)UPSC/SSC are requested to expedite the selection of candidates for which indents have been placed with them. Ministries/Departments may issue necessary instructions to the recruiting agencies under their administrative control for expediting the finalization.
iv)Precise information about the backlog vacancies in the 'Promotion quota' for which eligible SC/ST candidates are not available even in the extended zone of consideration may be furnished.
v)All the backlog vacancies referred may be filled by 31-3-2006.
[GI DOPT O.M.No.36038/1/2004-Estt.(Res.) dt. 31-1-2006; Swamysnews, March 2006, 34-35]
v)All the backlog vacancies referred may be filled by 31-3-2006.
[GI DOPT O.M.No.36038/1/2004-Estt.(Res.) dt. 31-1-2006; Swamysnews, March 2006, 34-35]
March, 2006
MODEL TIME SCHEDULE FOR DEPARTMENTAL INQUIRIES
The CVC had stipulated a model time schedule for conducting Departmental Inquiries way back in the year 1999 which is reproduced hereunder for information.
1.Fixing date of Preliminary Hearing and inspection of listed documents, submission of list of defence documents/witnesses and nomination of a Defence Assistant (DA): - Within 4 weeks
2.Inspection of documents/submission of list of Defence Witnesses/defence documents/Examination of relevancy of defence documents/witnesses, procuring the additional documents and submission of certificates confirming inspection of additional documents by Charged Officer (CO)/DA: - 3 Months
3.Issue of summons to witnesses, fixing the date for Regular Hearing (RH) and arrangement for participation of witnesses in the RH: - 3 Months
4.Regular Hearing on day-to-day basis - 3 Months
5.Submission of written briefs by Presenting Officer (PO) to CO/Inquiry Officer (IO) and submission of Written Brief by CO to IO - 15 Days
7.Submission of Inquiry Report from the date of receipt of written briefs from PO/CO - 30 Days
While the above schedule is not in conflict with the existing rules, the over all time limit of six months for completing the Departmental Inquiries should be adhered to.
Production of documents: In order to ensure that the departmental inquiries are completed in time, the document asked for by the CO would be produced by its custodian through PO within a time limit fixed by IO failing which adverse note would be taken against the custodian. It should also be ensured that in a case involving more than one Officer, only one PO should be appointed.
Disposal of allegation of bias: The Disciplinary/Appellate Authority should decide the representation of the CO alleging bias within 15 days after receipt of the representation, failing which an adverse view will be taken.
[CVC Order No.8(1)(G)/99(3) dt.3-3-1999; CSIR Endt. No.6(83)/98-O&M dt. 30-3-1999]
GUIDELINES FOR APPOINTMENT OF ARCHITECTS/CONSULTANTS
For appointment of private Architects/Consultants for preparing designs and drawings, etc. for construction of new buildings and related works, a document containing the "Guidelines for Appointment of Architects/Consultants" was prepared by a duly constituted Committee and notified to be effective from 13-8-2002.
[CSIR Lr.No.17/167/2000-Engg. dt. 13-8-2002]
PREQUALIFICATION OF CONTRACTORS FOR LARGE CONSTRUCTION WORKS
As per CPWD Works Manual, for civil and electrical works above Rs.5.00 crores, the contractors should be pre-qualified in the first stage before the tenders are issued to them. Pre-qualification of contractors can also be done for works above Rs.2.00 crores and for specialized works of considerable cost with the approval of the competent authority.
In CSIR the pre-qualification of a contractor is done for all works exceeding Rs.2.00 crores and for specialized works of Rs.1.00 crore and above. However, the guidelines for pre-qualifying the contractors contained in CPWD Works Manual, 2003 should be followed.
In the process of pre-qualifying, it has been observed that a loss making PSU was disqualified by one of the CSIR Labs. while the same PSU was selected for award of work by another Lab. In order to avoid recurrence, all the Labs./Instts. are requested to follow the CPWD Works Manual scrupulously.
[CSIR Lr.No.11-15(1)/2003-Engg. dt. 7-3-2005]
GUIDELINES FOR LABORATORY/STAFF QRS. MAINTENANCE
The following guidelines may be adopted to handle small repair works for maintenance of Laboratories and Staff Quarters:
1. Labs. can prepare miscellaneous Civil and Services Works estimates which should cover general maintenance of buildings for one or two years. Floating of such contract will ensure that the total value of work is substantial and the difficulties experienced in getting the small works done for want of response from the contractors will be eliminated.
2. For all construction and maintenance works, irrespective of the fact that the work is done through contractor or departmentally, estimates are required to be drawn and approved before the start of work. Record of such works shall be entered in the Measurement Book (MB). Normally the work should be done by calling competitive bids. Only in emergent cases, small maintenance/construction works should be done departmentally and appropriate account of materials procured and labour engaged shall be kept to ensure that the total expenditure is within the sanctioned cost.
3. Tenders should be invited for all works whose value exceeds Rs.25,000/-. Works whose value is less than Rs.25,000/- are treated as petty works. If petty works are proposed to be done departmentally even then the estimates should be drawn. Materials can be procured through Stores & Purchase Section and Works can be executed through labour rate contracts. However, before releasing the payment, the record of work should be entered in the MB.
4. A revolving advance up to Rs.5,000/- can be sanctioned to the Maintenance Engineer of the Lab. to attend to maintenance works of urgent and important nature. Under this advance the Engineer can procure materials at one time up to Rs.1000/- and engage labour to attend urgent maintenance works. No advance other than this should be given to any Committee or person for attending the urgent maintenance and petty works.
[CSIR ESD Lr.No.11-15(1)/2003-Engg. dt. 5-8-2005 addressed to Director, NISCAIR, New Delhi]
STATUTORY INFORMATION ON THE IMPLEMENTATION OF THE RTI ACT, 2005
The Central Information Commission (CIC) is entrusted with the responsibility of monitoring and reporting to the Central Govt. on the implementation of the provisions of the Right to Information Act, 2005. Accordingly, each Ministry/Department is expected to collect and provide information to the CIC for the year 2005 through its Principal Information Officer. Subsequently, such report has to be prepared for the year ending March every year and up-loaded on the Website by 15th April every year, in addition to any steps taken to comply with Section 4 (2) of the Act may also be intimated every quarter ending.
[CIC Lr.No.14/3/2005-CIC dt. 29-12-2005
DR. G.N. QAZI, DIRECTOR, RRL-JAMMU GETS EXTENSION
Dr. G.N. Qazi, Director, Regional Research Laboratory, Jammu has been granted extension of tenure till the date of his superannuation i.e. 31-8-2006.
[CSIR O.M.No.7(3)22/2000-E.II dt. 20-1-2006]
VIGILANCE ADMINISTRATION
CSIR while notifying CVC’s Circular No. 8(1)(h)/98(1) dated 18-11-1998 have inter alia circulated certain guidelines on Recruitment. The issue was reconsidered and it has been decided to delete the following provisions from such list:
i) Publication of list of candidates who have applied for the post; and
ii) Details of relaxation, if any, provided to any candidate(s) with proper justification therefor
[CSIR Lr. No.15-6(83)/98-O&M-Vol.I dt. 1-2-2006]
MISAPPROPRIATION OF GPF
It has been observed by the Chief Vigilance Officer that at one of the Labs./Instts. of CSIR, the concerned dealing assistant has manipulated the figures in the personal GPF Account and had drawn the same. In order to avoid such instances, concerned supervising and Section Officers in all the Labs./Instts. are advised to be more vigilant.
[CSIR Lr.No.40\-15(OM)/2006-E.II dt. 23-1-2006]
TRAINING PROGRAMME ON “RIGHT TO INFORMATION” ACT: 2005
The Human Resource Development Centre (CSIR), Ghaziabad has conducted a training programme on “Right to Information Act: 2005” to be held during 17th & 18th February, 2006 for the Public Information Officers and Assistant Public Information Officers of CSIR HQs. and Delhi-based Labs./Instts. at CSIR Science Centre, New Delhi.
[HRDC D.O.Lr.No.2-9(3)/RT/5-Gen. dt. 2-2-2006]
CONFIDENTIAL REPORTS FOR DIRECT RECRUITMENT
Whenever Officers already working in the Government apply for appointment by direct recruitment against vacancies advertised by the UPSC, Confidential Reports of such short-listed candidates should be made available by the requisitioning Department before the date of Interview. It is clarified that it would not be necessary to hold up the Interview till all the CRs became available. The Commission can consider the CRs to the extent they were available.
If complete CRs are not available for any valid reason, the same should be ascertained and furnished to the Committee. Where a candidate has suffered any penalty, relevant details in this regard should also be furnished. Since it will not be possible for the Committee to defer the Interview for want of full CRs and the selection will be made after taking into consideration the CRs to the extent they are available at the relevant time.
[GoI DOPT O.M.No.22011/4/2005-Estt.(D) dt. 19-9-2005; Swamysnews, Feb.2006, 5-6]
APPOINTMENT BY TRANSFER ON DEPUTATION
The UPSC has suggested that the Curriculum vitae pro forma should be modified to reflect the requirements of the procedure to be followed in cases where appointment is to be made by transfer on deputation/transfer basis (now termed as deputation/ absorption).
[GoI DOPT O.M.No.AB-14017/10/2000-Estt.(RR) dt. 29-8-2005; Swamysnews, Feb. 2006, 6-7]
EXTENSION OF DEPUTATION TENURE
It has been observed that the proposals for extension of tenure of deputation are received very late, sometimes even after expiry of the term beyond which extension is sought. Henceforth, all proposals for extension of deputation tenures requiring the approval of the DOPT/UPSC should be submitted along with a check list at least 12 weeks before the tenure of the deputation comes to an end
[GOI DOPT O.M.No.AB.14017/54/2002-Estt.(RR) dt. 19-9-2005; Swamysnews, Feb. 2006, 6-7]
REMITTANCE OF PENSION BY POSTAL MONEY ORDER
At the request of the Pensioner, pension up to Rs.2,250/- p.m. plus relief on pension admissible from time to time may be remitted by Postal Money Order at the Govt. cost w.e.f. the pension payable for the month of July 2005. In case of pensioners who retired prior to 1-4-2004, the term pension would include Dearness Pay also.
[GOI MF (CGA) Lr. No. V.16011/141/98/CTR/R-360/2005-06/432-62 dt. 2/5-1-2006; Swamysnews, Feb. 2006, 8]
INCOME TAX DEDUCTION FROM SALARIES DURING 2005-06
A circular containing the rates of deduction of Income Tax from the payment of income chargeable under the head “Salaries” during the year 2005-06 with appropriate explanation on related provisions of the IT Act has been issued. Relevant Acts, rules, forms and notifications are available on their Website (www.incometaxindia.gov.in).
[GOI (CBDT) Cir.No.9/2005, F.No.275/192/2005-IT(B) dt. 30-11-2005; Swamysnews, Feb. 2006, 12-53]
The CVC had stipulated a model time schedule for conducting Departmental Inquiries way back in the year 1999 which is reproduced hereunder for information.
1.Fixing date of Preliminary Hearing and inspection of listed documents, submission of list of defence documents/witnesses and nomination of a Defence Assistant (DA): - Within 4 weeks
2.Inspection of documents/submission of list of Defence Witnesses/defence documents/Examination of relevancy of defence documents/witnesses, procuring the additional documents and submission of certificates confirming inspection of additional documents by Charged Officer (CO)/DA: - 3 Months
3.Issue of summons to witnesses, fixing the date for Regular Hearing (RH) and arrangement for participation of witnesses in the RH: - 3 Months
4.Regular Hearing on day-to-day basis - 3 Months
5.Submission of written briefs by Presenting Officer (PO) to CO/Inquiry Officer (IO) and submission of Written Brief by CO to IO - 15 Days
7.Submission of Inquiry Report from the date of receipt of written briefs from PO/CO - 30 Days
While the above schedule is not in conflict with the existing rules, the over all time limit of six months for completing the Departmental Inquiries should be adhered to.
Production of documents: In order to ensure that the departmental inquiries are completed in time, the document asked for by the CO would be produced by its custodian through PO within a time limit fixed by IO failing which adverse note would be taken against the custodian. It should also be ensured that in a case involving more than one Officer, only one PO should be appointed.
Disposal of allegation of bias: The Disciplinary/Appellate Authority should decide the representation of the CO alleging bias within 15 days after receipt of the representation, failing which an adverse view will be taken.
[CVC Order No.8(1)(G)/99(3) dt.3-3-1999; CSIR Endt. No.6(83)/98-O&M dt. 30-3-1999]
GUIDELINES FOR APPOINTMENT OF ARCHITECTS/CONSULTANTS
For appointment of private Architects/Consultants for preparing designs and drawings, etc. for construction of new buildings and related works, a document containing the "Guidelines for Appointment of Architects/Consultants" was prepared by a duly constituted Committee and notified to be effective from 13-8-2002.
[CSIR Lr.No.17/167/2000-Engg. dt. 13-8-2002]
PREQUALIFICATION OF CONTRACTORS FOR LARGE CONSTRUCTION WORKS
As per CPWD Works Manual, for civil and electrical works above Rs.5.00 crores, the contractors should be pre-qualified in the first stage before the tenders are issued to them. Pre-qualification of contractors can also be done for works above Rs.2.00 crores and for specialized works of considerable cost with the approval of the competent authority.
In CSIR the pre-qualification of a contractor is done for all works exceeding Rs.2.00 crores and for specialized works of Rs.1.00 crore and above. However, the guidelines for pre-qualifying the contractors contained in CPWD Works Manual, 2003 should be followed.
In the process of pre-qualifying, it has been observed that a loss making PSU was disqualified by one of the CSIR Labs. while the same PSU was selected for award of work by another Lab. In order to avoid recurrence, all the Labs./Instts. are requested to follow the CPWD Works Manual scrupulously.
[CSIR Lr.No.11-15(1)/2003-Engg. dt. 7-3-2005]
GUIDELINES FOR LABORATORY/STAFF QRS. MAINTENANCE
The following guidelines may be adopted to handle small repair works for maintenance of Laboratories and Staff Quarters:
1. Labs. can prepare miscellaneous Civil and Services Works estimates which should cover general maintenance of buildings for one or two years. Floating of such contract will ensure that the total value of work is substantial and the difficulties experienced in getting the small works done for want of response from the contractors will be eliminated.
2. For all construction and maintenance works, irrespective of the fact that the work is done through contractor or departmentally, estimates are required to be drawn and approved before the start of work. Record of such works shall be entered in the Measurement Book (MB). Normally the work should be done by calling competitive bids. Only in emergent cases, small maintenance/construction works should be done departmentally and appropriate account of materials procured and labour engaged shall be kept to ensure that the total expenditure is within the sanctioned cost.
3. Tenders should be invited for all works whose value exceeds Rs.25,000/-. Works whose value is less than Rs.25,000/- are treated as petty works. If petty works are proposed to be done departmentally even then the estimates should be drawn. Materials can be procured through Stores & Purchase Section and Works can be executed through labour rate contracts. However, before releasing the payment, the record of work should be entered in the MB.
4. A revolving advance up to Rs.5,000/- can be sanctioned to the Maintenance Engineer of the Lab. to attend to maintenance works of urgent and important nature. Under this advance the Engineer can procure materials at one time up to Rs.1000/- and engage labour to attend urgent maintenance works. No advance other than this should be given to any Committee or person for attending the urgent maintenance and petty works.
[CSIR ESD Lr.No.11-15(1)/2003-Engg. dt. 5-8-2005 addressed to Director, NISCAIR, New Delhi]
STATUTORY INFORMATION ON THE IMPLEMENTATION OF THE RTI ACT, 2005
The Central Information Commission (CIC) is entrusted with the responsibility of monitoring and reporting to the Central Govt. on the implementation of the provisions of the Right to Information Act, 2005. Accordingly, each Ministry/Department is expected to collect and provide information to the CIC for the year 2005 through its Principal Information Officer. Subsequently, such report has to be prepared for the year ending March every year and up-loaded on the Website by 15th April every year, in addition to any steps taken to comply with Section 4 (2) of the Act may also be intimated every quarter ending.
[CIC Lr.No.14/3/2005-CIC dt. 29-12-2005
DR. G.N. QAZI, DIRECTOR, RRL-JAMMU GETS EXTENSION
Dr. G.N. Qazi, Director, Regional Research Laboratory, Jammu has been granted extension of tenure till the date of his superannuation i.e. 31-8-2006.
[CSIR O.M.No.7(3)22/2000-E.II dt. 20-1-2006]
VIGILANCE ADMINISTRATION
CSIR while notifying CVC’s Circular No. 8(1)(h)/98(1) dated 18-11-1998 have inter alia circulated certain guidelines on Recruitment. The issue was reconsidered and it has been decided to delete the following provisions from such list:
i) Publication of list of candidates who have applied for the post; and
ii) Details of relaxation, if any, provided to any candidate(s) with proper justification therefor
[CSIR Lr. No.15-6(83)/98-O&M-Vol.I dt. 1-2-2006]
MISAPPROPRIATION OF GPF
It has been observed by the Chief Vigilance Officer that at one of the Labs./Instts. of CSIR, the concerned dealing assistant has manipulated the figures in the personal GPF Account and had drawn the same. In order to avoid such instances, concerned supervising and Section Officers in all the Labs./Instts. are advised to be more vigilant.
[CSIR Lr.No.40\-15(OM)/2006-E.II dt. 23-1-2006]
TRAINING PROGRAMME ON “RIGHT TO INFORMATION” ACT: 2005
The Human Resource Development Centre (CSIR), Ghaziabad has conducted a training programme on “Right to Information Act: 2005” to be held during 17th & 18th February, 2006 for the Public Information Officers and Assistant Public Information Officers of CSIR HQs. and Delhi-based Labs./Instts. at CSIR Science Centre, New Delhi.
[HRDC D.O.Lr.No.2-9(3)/RT/5-Gen. dt. 2-2-2006]
CONFIDENTIAL REPORTS FOR DIRECT RECRUITMENT
Whenever Officers already working in the Government apply for appointment by direct recruitment against vacancies advertised by the UPSC, Confidential Reports of such short-listed candidates should be made available by the requisitioning Department before the date of Interview. It is clarified that it would not be necessary to hold up the Interview till all the CRs became available. The Commission can consider the CRs to the extent they were available.
If complete CRs are not available for any valid reason, the same should be ascertained and furnished to the Committee. Where a candidate has suffered any penalty, relevant details in this regard should also be furnished. Since it will not be possible for the Committee to defer the Interview for want of full CRs and the selection will be made after taking into consideration the CRs to the extent they are available at the relevant time.
[GoI DOPT O.M.No.22011/4/2005-Estt.(D) dt. 19-9-2005; Swamysnews, Feb.2006, 5-6]
APPOINTMENT BY TRANSFER ON DEPUTATION
The UPSC has suggested that the Curriculum vitae pro forma should be modified to reflect the requirements of the procedure to be followed in cases where appointment is to be made by transfer on deputation/transfer basis (now termed as deputation/ absorption).
[GoI DOPT O.M.No.AB-14017/10/2000-Estt.(RR) dt. 29-8-2005; Swamysnews, Feb. 2006, 6-7]
EXTENSION OF DEPUTATION TENURE
It has been observed that the proposals for extension of tenure of deputation are received very late, sometimes even after expiry of the term beyond which extension is sought. Henceforth, all proposals for extension of deputation tenures requiring the approval of the DOPT/UPSC should be submitted along with a check list at least 12 weeks before the tenure of the deputation comes to an end
[GOI DOPT O.M.No.AB.14017/54/2002-Estt.(RR) dt. 19-9-2005; Swamysnews, Feb. 2006, 6-7]
REMITTANCE OF PENSION BY POSTAL MONEY ORDER
At the request of the Pensioner, pension up to Rs.2,250/- p.m. plus relief on pension admissible from time to time may be remitted by Postal Money Order at the Govt. cost w.e.f. the pension payable for the month of July 2005. In case of pensioners who retired prior to 1-4-2004, the term pension would include Dearness Pay also.
[GOI MF (CGA) Lr. No. V.16011/141/98/CTR/R-360/2005-06/432-62 dt. 2/5-1-2006; Swamysnews, Feb. 2006, 8]
INCOME TAX DEDUCTION FROM SALARIES DURING 2005-06
A circular containing the rates of deduction of Income Tax from the payment of income chargeable under the head “Salaries” during the year 2005-06 with appropriate explanation on related provisions of the IT Act has been issued. Relevant Acts, rules, forms and notifications are available on their Website (www.incometaxindia.gov.in).
[GOI (CBDT) Cir.No.9/2005, F.No.275/192/2005-IT(B) dt. 30-11-2005; Swamysnews, Feb. 2006, 12-53]
REVISION OF CONSULTATION/VISITING FEE UNDER ISM & HOMOEOPATHIC
The rates of Consultation/Visiting fee in respect of the Authorized Medical Attendants (AMAs) of Indian Systems of Medicines and Homeopathic have been revised as detailed hereunder:
Category of Authorized Medical Attendant
Consultation fee
Visiting fee
First consultation
Subsequent three consultations
Day
Night
Medical Postgraduates/Specialists of I.S.M. & H
Rs.50/-
Rs.30/-
Rs.50/-
Rs.60/-
Medical Graduates, Licentiates and Medical Graduates of I.S.M. & H
Rs.35/-
Rs.20/-
Rs.40/-
Rs.50/-
[GOI MH&FW O.M.No.S.14025/17/2003-MS dt.20/23-12-2005; Swamysnews, Feb.2006, 53-54]
DA IN RESPECT OF OPTEES OF PRE-REVISED SCALES OF PAY
The revised rates of Dearness Allowance in respect of employees of CG and ABs who continue to draw their pay and emoluments in the pre-revised scale of pay effective from 1-7-2005 per month would be as follows:
Pay up to Rs.3,500
Pay above Rs.3,500/- and
up to Rs.6,000/-
Pay above Rs.6,000/-
325%
243% (Rs.11,375/-
211% (Rs.14,580/-
[GOI MF F.No.1(13)/97-E.II(B) dt. 8-11-2005; Swamysnews, Feb. 2006, 54-55]
RECRUITMENT THROUGH EMPLOYMENT EXCHANGE
Pursuant to the judgement of Hon’ble Supreme Court in the case (1996 (6) SCALE 676), the earlier policy of making a selection only through the Employment Exchange in respect of posts for which recruitment is not made through regular selection bodies such as UPSC/SSC, etc. were reviewed and it was decided that in respect of such posts, in addition to notifying the vacancies to the Employment Exchange, the requisitioning authority shall also arrange for the publication of the recruitment notice in the “Employment News/Rozgar Samachar” and also display on the Office Notice Board and then consider cases of all the candidates.
[GOI DOPT O.M.No.14024/2/96-Estt.(D) dt.9-11-2005; Swamysnews, Feb. 2006, 56-57]
PATERNITY LEAVE
Paternity leave up to 15 days can be sanctioned to the Govt. servant during the confinement of his wife for child birth before (on the basis of declaration of the Govt. servant with regard to such confinement) or up to six months from the date of delivery of the child on the basis of a certificate indicating the date of delivery of the child.
[Swamysnews, Feb. 2006, 98]
ELIGIBILITY FOR LTC IN RESPECT OF CHILDREN
In terms of Explanation 5 under GID (4) (d) of CCS (LTC) rules, 1988, the criteria for deciding the eligibility for LTC in respect of children whether minor or major is that their income from all sources including stipend, if any, should not exceed Rs.1500/- p.m.
[Swamysnews, Feb. 2006, 98]
LTC BEFORE SUPERANNUATION
As per GID 4 (vi) under Rule of 4 of CCS (LTC), Rules, 1988, the staff members who are eligible and desirous of availing LTC are required to complete the return journey during service i.e., before superannuation, otherwise LTC is not admissible.
[Swamysnews, Feb. 2006, 99]
REPRESENTATION OF SC/ST AND MINORITIES IN DPC/SELECTION BOARD
The issue regarding association of Officer belonging to SC/ST and minorities in Departmental Promotion Committees/Selection Boards has been reconsidered and para 2 of page No.121 has been substituted with the following as modified by O.M. No.42011/15/95-Estt.(SCT) dated 11-5-1995:
It has now been decided that wherever a Selection Committee/Board exists or has to be constituted for making recruitment to 10 or more vacancies in Group "C" or Group "D" posts/services, it shall be mandatory to have one member belonging to SC/ST/OBC and one member belonging to Minority Community in such Committees/Board, whether from the general category or from the minority community or from SC/ST/OBC, should be a lady failing which a lady member should be co-opted on the Committee/Board. It may also be ensured that where the number of vacancies against which selection is to be made is less than 10, no effort should be spared in finding a Scheduled Caste/Scheduled Tribe/Other Backward Classes Officer, a Minority Community Officer and a lady Officer for inclusion in such Committees/Boards.
[Swamysnews, Feb. 2005, 103]
The rates of Consultation/Visiting fee in respect of the Authorized Medical Attendants (AMAs) of Indian Systems of Medicines and Homeopathic have been revised as detailed hereunder:
Category of Authorized Medical Attendant
Consultation fee
Visiting fee
First consultation
Subsequent three consultations
Day
Night
Medical Postgraduates/Specialists of I.S.M. & H
Rs.50/-
Rs.30/-
Rs.50/-
Rs.60/-
Medical Graduates, Licentiates and Medical Graduates of I.S.M. & H
Rs.35/-
Rs.20/-
Rs.40/-
Rs.50/-
[GOI MH&FW O.M.No.S.14025/17/2003-MS dt.20/23-12-2005; Swamysnews, Feb.2006, 53-54]
DA IN RESPECT OF OPTEES OF PRE-REVISED SCALES OF PAY
The revised rates of Dearness Allowance in respect of employees of CG and ABs who continue to draw their pay and emoluments in the pre-revised scale of pay effective from 1-7-2005 per month would be as follows:
Pay up to Rs.3,500
Pay above Rs.3,500/- and
up to Rs.6,000/-
Pay above Rs.6,000/-
325%
243% (Rs.11,375/-
211% (Rs.14,580/-
[GOI MF F.No.1(13)/97-E.II(B) dt. 8-11-2005; Swamysnews, Feb. 2006, 54-55]
RECRUITMENT THROUGH EMPLOYMENT EXCHANGE
Pursuant to the judgement of Hon’ble Supreme Court in the case (1996 (6) SCALE 676), the earlier policy of making a selection only through the Employment Exchange in respect of posts for which recruitment is not made through regular selection bodies such as UPSC/SSC, etc. were reviewed and it was decided that in respect of such posts, in addition to notifying the vacancies to the Employment Exchange, the requisitioning authority shall also arrange for the publication of the recruitment notice in the “Employment News/Rozgar Samachar” and also display on the Office Notice Board and then consider cases of all the candidates.
[GOI DOPT O.M.No.14024/2/96-Estt.(D) dt.9-11-2005; Swamysnews, Feb. 2006, 56-57]
PATERNITY LEAVE
Paternity leave up to 15 days can be sanctioned to the Govt. servant during the confinement of his wife for child birth before (on the basis of declaration of the Govt. servant with regard to such confinement) or up to six months from the date of delivery of the child on the basis of a certificate indicating the date of delivery of the child.
[Swamysnews, Feb. 2006, 98]
ELIGIBILITY FOR LTC IN RESPECT OF CHILDREN
In terms of Explanation 5 under GID (4) (d) of CCS (LTC) rules, 1988, the criteria for deciding the eligibility for LTC in respect of children whether minor or major is that their income from all sources including stipend, if any, should not exceed Rs.1500/- p.m.
[Swamysnews, Feb. 2006, 98]
LTC BEFORE SUPERANNUATION
As per GID 4 (vi) under Rule of 4 of CCS (LTC), Rules, 1988, the staff members who are eligible and desirous of availing LTC are required to complete the return journey during service i.e., before superannuation, otherwise LTC is not admissible.
[Swamysnews, Feb. 2006, 99]
REPRESENTATION OF SC/ST AND MINORITIES IN DPC/SELECTION BOARD
The issue regarding association of Officer belonging to SC/ST and minorities in Departmental Promotion Committees/Selection Boards has been reconsidered and para 2 of page No.121 has been substituted with the following as modified by O.M. No.42011/15/95-Estt.(SCT) dated 11-5-1995:
It has now been decided that wherever a Selection Committee/Board exists or has to be constituted for making recruitment to 10 or more vacancies in Group "C" or Group "D" posts/services, it shall be mandatory to have one member belonging to SC/ST/OBC and one member belonging to Minority Community in such Committees/Board, whether from the general category or from the minority community or from SC/ST/OBC, should be a lady failing which a lady member should be co-opted on the Committee/Board. It may also be ensured that where the number of vacancies against which selection is to be made is less than 10, no effort should be spared in finding a Scheduled Caste/Scheduled Tribe/Other Backward Classes Officer, a Minority Community Officer and a lady Officer for inclusion in such Committees/Boards.
[Swamysnews, Feb. 2005, 103]
February, 2006
RESPONDING TO PETITIONS FORWARDED BY THE LOK SABHA/RAJYA SABHA SECRETARIAT
In accordance with the "Manual of Parliamentary Procedures in Govt. of India", petitions forwarded to the Ministries/Departments by the Lok/Rajya Sabha Secretariat for comments are required to be responded within the specified time. If furnishing their views/comments is unduly delayed, it defeats the very purpose for which the members of public approach the Parliament for redressal of the problems. It should be ensured that such issues are attended to on utmost priority.
[D.O. Lr. No.7(3)/2005-Leg.II dt. 28-12-2005 from Secretary, Ministry of Parliamentary Affairs addressed to DG, CSIR]
NEGOTIATION WITH LOWEST TENDERER (L-1)
The Central Vigilance Commission issued the following clarifications on holding negotiations with Lowest Tenderer (L-1):
i) There should not be any negotiations. Negotiations, if at all shall be an exception and only in the case of proprietary items or in the case of items with limited source of supply. Negotiations shall be held with “L-1” only. Counter-offers tantamount to negotiations.
ii) Negotiations can be recommended only in exceptional circumstances after due application of mind and recording valid, logical reasons justifying negotiations. In case of inability to obtain the desired results by way of reduction in rates and negotiations prove infructuous, satisfactory explanations are required to be recorded by the Committee which recommended the negotiations. The Committee shall be responsible in case its negotiations have lead to avoidable delay in award of work/contract.
CVC observed that at times the Competent Authority takes unduly long time to exercise the power of accepting the tender or negotiate or re-tender. Accordingly, the model time- frame for according such approval to completion of the entire process of award of tenders should not exceed one month from the date of submission of recommendations. In case the file has to be approved at the next higher level, a maximum of 15 days may be added for clearance at each level. The over-all time frame should be within the validity period of the tender/contract.
If “L-1” backs-out, re-tendering should be resorted to.
[CVC Office Order No.68/10/05 dt.25-10-2005;CSIR Lr.No.15-1(120)/90-Vig. dt.12-1-2006]
VIGILANCE MANUAL (2004 -- 6TH EDN.)
The Central Vigilance Commission have clarified that:
i) Vigilance Manual Vol. I is a subjectwise write-up on all matters pertaining to the Commission’s role, functions of CVOs handling and investigation of complaints, etc.
ii) (a) Vigilance Manual Vol.II (Part I) contains verbatim reproduction of conduct, discipline and appeal rules and also contains extracts from various Acts and Rules and Standard Forms.
(b) Vigilance Manual Vol. II (Part II) is divided into three parts and contains verbatim reproduction of instructions issued by the MOHA/DOPT/CVC/MOF arranged in chronological order.
iii) Vigilance Manual Vol. III (Digest of Case Laws) contains summary of case laws having bearing on disciplinary proceedings.
The latest up-date of Vigilance Manual Vol. I (2004) covers only Chapter I to VI only. The remaining chapters are yet to be updated, hence, these may be referred along with circulars issued by DOPT/CVC from time to time.
[CVC Office Order No.71/12/05 dt. 28-11-2005; CSIR Lr. No.15-6(83)/98-O&M-III dt. 17-1-2006]
NOMINATION OF PRESENTING OFFICER
As a matter of practice, CBI does not nominate the Presenting Officer in Regular Departmental Action (RDA) cases, except in certain types of cases. In such cases, an Officer from the Department concerned is appointed as Presenting Officer. If a Department is of the view that a Presenting Officer from the CBI is a must, the concerned Department should furnish the reasons to the Commission to enable it to take it up with CBI.
[CVC Lr.No.005-CBI-05 dt. 23-11-2005; CSIR Lr.No. 15-6(83)/98-O&M dt. 17-1-2006]
ACR AND COMMUNICATION OF ADVERSE REMARKS
i) Where an entry is adverse, it should be communicated. The overall grading should not be communicated.
ii) Even if the entire adverse remarks of Reporting/Reviewing/Accepting Authority are expunged by the Govt., the overall grading shall remain unchanged. However, the DPC shall take due note of such expunction and may re-determine the overall grading for the period in question, if it considers that the expunction of the adverse remarks has so altered the quality of the ACR as to merit re-grading.
iii) Where an entry is down/up-graded by an authority and such authority should state the reasons with adequate justification.
iv) Where the authority has down/up-graded the overall grading without giving sufficient reasons, the Govt. shall treat such an exercise as non-est/invalid. General terms such as "I agree or disagree with the Reporting/Reviewing Officer" shall not be construed as sufficient reason for down/up-grading the overall grading.
Utmost care has to be exercised while writing Annual Confidential Reports. As far as past cases are concerned, although the same principle would apply, it may be left to the DPCs to take a view and ignore arbitrary changes in grading at the time of assessing the suitability of the Officer for promotion.
[GoI MPPG&P DOPT Lr.Pt.No.11059/18/2002-AIS(III) dt. 19-4-2005 & 30-11-2005]
In accordance with the "Manual of Parliamentary Procedures in Govt. of India", petitions forwarded to the Ministries/Departments by the Lok/Rajya Sabha Secretariat for comments are required to be responded within the specified time. If furnishing their views/comments is unduly delayed, it defeats the very purpose for which the members of public approach the Parliament for redressal of the problems. It should be ensured that such issues are attended to on utmost priority.
[D.O. Lr. No.7(3)/2005-Leg.II dt. 28-12-2005 from Secretary, Ministry of Parliamentary Affairs addressed to DG, CSIR]
NEGOTIATION WITH LOWEST TENDERER (L-1)
The Central Vigilance Commission issued the following clarifications on holding negotiations with Lowest Tenderer (L-1):
i) There should not be any negotiations. Negotiations, if at all shall be an exception and only in the case of proprietary items or in the case of items with limited source of supply. Negotiations shall be held with “L-1” only. Counter-offers tantamount to negotiations.
ii) Negotiations can be recommended only in exceptional circumstances after due application of mind and recording valid, logical reasons justifying negotiations. In case of inability to obtain the desired results by way of reduction in rates and negotiations prove infructuous, satisfactory explanations are required to be recorded by the Committee which recommended the negotiations. The Committee shall be responsible in case its negotiations have lead to avoidable delay in award of work/contract.
CVC observed that at times the Competent Authority takes unduly long time to exercise the power of accepting the tender or negotiate or re-tender. Accordingly, the model time- frame for according such approval to completion of the entire process of award of tenders should not exceed one month from the date of submission of recommendations. In case the file has to be approved at the next higher level, a maximum of 15 days may be added for clearance at each level. The over-all time frame should be within the validity period of the tender/contract.
If “L-1” backs-out, re-tendering should be resorted to.
[CVC Office Order No.68/10/05 dt.25-10-2005;CSIR Lr.No.15-1(120)/90-Vig. dt.12-1-2006]
VIGILANCE MANUAL (2004 -- 6TH EDN.)
The Central Vigilance Commission have clarified that:
i) Vigilance Manual Vol. I is a subjectwise write-up on all matters pertaining to the Commission’s role, functions of CVOs handling and investigation of complaints, etc.
ii) (a) Vigilance Manual Vol.II (Part I) contains verbatim reproduction of conduct, discipline and appeal rules and also contains extracts from various Acts and Rules and Standard Forms.
(b) Vigilance Manual Vol. II (Part II) is divided into three parts and contains verbatim reproduction of instructions issued by the MOHA/DOPT/CVC/MOF arranged in chronological order.
iii) Vigilance Manual Vol. III (Digest of Case Laws) contains summary of case laws having bearing on disciplinary proceedings.
The latest up-date of Vigilance Manual Vol. I (2004) covers only Chapter I to VI only. The remaining chapters are yet to be updated, hence, these may be referred along with circulars issued by DOPT/CVC from time to time.
[CVC Office Order No.71/12/05 dt. 28-11-2005; CSIR Lr. No.15-6(83)/98-O&M-III dt. 17-1-2006]
NOMINATION OF PRESENTING OFFICER
As a matter of practice, CBI does not nominate the Presenting Officer in Regular Departmental Action (RDA) cases, except in certain types of cases. In such cases, an Officer from the Department concerned is appointed as Presenting Officer. If a Department is of the view that a Presenting Officer from the CBI is a must, the concerned Department should furnish the reasons to the Commission to enable it to take it up with CBI.
[CVC Lr.No.005-CBI-05 dt. 23-11-2005; CSIR Lr.No. 15-6(83)/98-O&M dt. 17-1-2006]
ACR AND COMMUNICATION OF ADVERSE REMARKS
i) Where an entry is adverse, it should be communicated. The overall grading should not be communicated.
ii) Even if the entire adverse remarks of Reporting/Reviewing/Accepting Authority are expunged by the Govt., the overall grading shall remain unchanged. However, the DPC shall take due note of such expunction and may re-determine the overall grading for the period in question, if it considers that the expunction of the adverse remarks has so altered the quality of the ACR as to merit re-grading.
iii) Where an entry is down/up-graded by an authority and such authority should state the reasons with adequate justification.
iv) Where the authority has down/up-graded the overall grading without giving sufficient reasons, the Govt. shall treat such an exercise as non-est/invalid. General terms such as "I agree or disagree with the Reporting/Reviewing Officer" shall not be construed as sufficient reason for down/up-grading the overall grading.
Utmost care has to be exercised while writing Annual Confidential Reports. As far as past cases are concerned, although the same principle would apply, it may be left to the DPCs to take a view and ignore arbitrary changes in grading at the time of assessing the suitability of the Officer for promotion.
[GoI MPPG&P DOPT Lr.Pt.No.11059/18/2002-AIS(III) dt. 19-4-2005 & 30-11-2005]
UNDERTAKING BY THE TENDER OPENING COMMITTEE
The CVC has advised that the Members of the Tender Committee should give an Undertaking at the appropriate time that none of them has any personal interest in the Companies/Agencies participating in the tender process. Any Member having interest in any Company should refrain from participating in the Tender Committee.
[CVC Office Order No.71/12/05 dt. 9-12-2005; CSIR Lr.No.15-1(120)/90-Vig. 12-1-2006]
ECONOMY MEASURES
The Department of Expenditure (MoF), GoI has ordered that the following economy measures are to be strictly observed:
The CVC has advised that the Members of the Tender Committee should give an Undertaking at the appropriate time that none of them has any personal interest in the Companies/Agencies participating in the tender process. Any Member having interest in any Company should refrain from participating in the Tender Committee.
[CVC Office Order No.71/12/05 dt. 9-12-2005; CSIR Lr.No.15-1(120)/90-Vig. 12-1-2006]
ECONOMY MEASURES
The Department of Expenditure (MoF), GoI has ordered that the following economy measures are to be strictly observed:
Travel: There shall be a total ban on foreign travel for Study tours, Seminars, Workshops, etc. except for annual and other formal meetings of bilateral/multilateral bodies. The size of Official delegations should be restricted to the minimum.
Air travel (domestic/overseas) would be permissible also on airlines other than Air India/Indian Airlines provided the criteria for selecting the alternative airline for travel are based on better and more competitive prices. Utmost economy should be observed while booking to various classes of air travel.
Telephones: To curtail the expenditure on telephones, Ministries/Department would now also be able to avail of services of Providers other than MTNL/BSNL on competitive rates. Increased use of Information and Communications Technology should be encouraged with a view to ensure better utilization of available resources.
Procurement of vehicles: Purchase of new vehicles is banned until further orders.
Filling-up of vacancies: Ban on creation of new posts in all Ministries/Departments/ Autonomous Institutions till further orders, except with the approval of MoF (DoE). Undertake review of all posts lying vacant for more than six months by 31-3-2006 so as to identify posts which can be abolished. No vacant posts should be filled up till a review takes place.
As per existing provisions, 10% cut in posts and abolition of posts lying vacant for more than one year will be ensured.
All efforts will be made for regular posting of the employees transferred to Surplus Cell.
Transfer policy and the frequency and the periodicity of transfers shall be reviewed.
Budget: Observance of financial discipline and ensuring non-transfer of funds under any Plan scheme in relaxation of conditions attached to such transfers. Encouraging additional revenue and internal resource generation. Reduction of general purpose deficit grants in 2005-06 to 95% of actual amount of average of grants given in 2002-03, 2003-04 and 2004-05, with further reduction to the level of 90% during 2006-07. Review of all on-going programmes and schemes, Plan and Non-Plan. Deviations from prescribed budgetary ceilings shall not be permitted.
Miscellaneous: Economy in operating expenses such as maintenance of buildings, Office equipment, furnishing of Offices/Offices at residences, Office expenses, lighting, stationery, postage, foreign travel (restricted to unavoidable official engagements), OTA/Honorarium, hiring of vehicles, telephone charges, petrol/oil, lubricants, etc.
Expenditure on Seminars, etc. will be restricted to average of actual expenditure incurred in 2002-03, 2003-04 and 2004-05 through appropriate economy measures, if possible with Public/Private partnership. No re-appropriation of funds to these heads will be allowed.
Out-sourcing of routine services such as cleaning, maintenance, moving papers/dak, etc. may be encouraged.
[GoI MoF DoE O.M.No.7(2)/E-Coord/2005 dt. 23-11-2005; CSIR Lr.No.1(36)/92-Finance dt. 23-12-2005]
CREATION OF THE POST OF STAFF OFFICER-TO-DG, CSIR
One post of "Staff Officer-to-the-Director-General, CSIR" in the scale of Rs.14300-18300 has been created in lieu of one post each of Dy. Secretary and Sr. Stenographer. Officers of the level of Dy. Secretary, Dy. Financial Adviser, Controller of Stores & Purchase and Sr. Principal Private Secretary shall be eligible for appointment to this post. The recruitment rules shall be notified separately.
[CSIR Lr.No.3-33(113)/2004-E.I dt. 13-1-2006]
DEPUTATION OF OFFICERS
The policy of relieving Govt. employees for joining Public Sector Undertakings (PSUs) on “immediate absorption” basis also applies to employees of one PSU joining other PSU regardless of the level of the posts involved. Any deviation from the principle of "immediate absorption" in Central Public Enterprises (CPEs) will henceforth have to be obtained from the Department of Public Enterprises only.
In order to ensure compliance of instructions, it has been decided to reiterate the existing instructions that all administrative Ministries/Departments must get exemption from the "principle of immediate absorption" for appointment of CG servants in any post in Central Autonomous Body (AB) under their administrative control, if they wish to make appointments on transfer on deputation basis.
If a CG servant is allowed to proceed to a Central AB on deputation basis without obtaining specific exemption for the post, then the Official will have to be treated as having resigned from the CG and absorbed in the Central AB. He will then have to forego counting of past service for pensionary benefits in the Central AB.
All cadre-controlling authorities are requested to get confirmation from the DP&PW that the post for which an Officer of the cadre has applied has been exempted from the "principle of immediate absorption" before conveying cadre clearance to the concerned Ministry/ Department/AB.
Whenever it is decided to appoint serving CG servants on deputation basis to posts which could be exempted from the "principle of immediate absorption basis" specific mention of the exemption has to be made in the vacancy circular along with an authentic copy of the vacancy circular clearly making a specific mention of communication conveying approval of the DP&PW for exemption may be enclosed with the pro forma seeking cadre clearance expeditiously after verifying the position.
[GoI DP&PW O.M. No. 4/10/2005-P&PW(D) dt. 5-12-2005 (read with O.M. Nos. 4(42)/87-P&PW dt. 19-4-1988 & 4/42/87-P&PW(D) dt. 29-1-1991; No. 4/10/2005-P&W(D) dt. 25-4-2005 & No. 5(25)/63-BPE(PESB) dt. 6-3-1985; Swamysnews, Jan. 2006, 9-11]
AMENDMENT TO CCS (CONDUCT) RULES, 1964
In the CCS (Conduct) Rules, 1964, for Rule 11, the following rule shall be substituted, namely:
“11. Communication of Official Information. -- Every Government servant shall, in performance of his duties in good faith, communicate information to a person in accordance with the Right to Information Act, 2005 (22 of 2005) and the rules made there-under.
Provided that no Government servant shall, except in accordance with any general or special order of the Government or servant in performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or classified information to any Government servant or any other person to whom he is not authorized to communicate such document or classified information.”
[GOI DOPT Notfn.No.11013/7/2005-Estt.(A) dt. 18-10-2005; Swamysnews, Jan. 2006. 11]
ENHANCEMENT OF CGHS SUBSCRIPTION
The slabs for CGHS contribution effective from 1-4-2004 would be as under:
Basic pay plus Dearness Pay / Monthly subscription
As per existing provisions, 10% cut in posts and abolition of posts lying vacant for more than one year will be ensured.
All efforts will be made for regular posting of the employees transferred to Surplus Cell.
Transfer policy and the frequency and the periodicity of transfers shall be reviewed.
Budget: Observance of financial discipline and ensuring non-transfer of funds under any Plan scheme in relaxation of conditions attached to such transfers. Encouraging additional revenue and internal resource generation. Reduction of general purpose deficit grants in 2005-06 to 95% of actual amount of average of grants given in 2002-03, 2003-04 and 2004-05, with further reduction to the level of 90% during 2006-07. Review of all on-going programmes and schemes, Plan and Non-Plan. Deviations from prescribed budgetary ceilings shall not be permitted.
Miscellaneous: Economy in operating expenses such as maintenance of buildings, Office equipment, furnishing of Offices/Offices at residences, Office expenses, lighting, stationery, postage, foreign travel (restricted to unavoidable official engagements), OTA/Honorarium, hiring of vehicles, telephone charges, petrol/oil, lubricants, etc.
Expenditure on Seminars, etc. will be restricted to average of actual expenditure incurred in 2002-03, 2003-04 and 2004-05 through appropriate economy measures, if possible with Public/Private partnership. No re-appropriation of funds to these heads will be allowed.
Out-sourcing of routine services such as cleaning, maintenance, moving papers/dak, etc. may be encouraged.
[GoI MoF DoE O.M.No.7(2)/E-Coord/2005 dt. 23-11-2005; CSIR Lr.No.1(36)/92-Finance dt. 23-12-2005]
CREATION OF THE POST OF STAFF OFFICER-TO-DG, CSIR
One post of "Staff Officer-to-the-Director-General, CSIR" in the scale of Rs.14300-18300 has been created in lieu of one post each of Dy. Secretary and Sr. Stenographer. Officers of the level of Dy. Secretary, Dy. Financial Adviser, Controller of Stores & Purchase and Sr. Principal Private Secretary shall be eligible for appointment to this post. The recruitment rules shall be notified separately.
[CSIR Lr.No.3-33(113)/2004-E.I dt. 13-1-2006]
DEPUTATION OF OFFICERS
The policy of relieving Govt. employees for joining Public Sector Undertakings (PSUs) on “immediate absorption” basis also applies to employees of one PSU joining other PSU regardless of the level of the posts involved. Any deviation from the principle of "immediate absorption" in Central Public Enterprises (CPEs) will henceforth have to be obtained from the Department of Public Enterprises only.
In order to ensure compliance of instructions, it has been decided to reiterate the existing instructions that all administrative Ministries/Departments must get exemption from the "principle of immediate absorption" for appointment of CG servants in any post in Central Autonomous Body (AB) under their administrative control, if they wish to make appointments on transfer on deputation basis.
If a CG servant is allowed to proceed to a Central AB on deputation basis without obtaining specific exemption for the post, then the Official will have to be treated as having resigned from the CG and absorbed in the Central AB. He will then have to forego counting of past service for pensionary benefits in the Central AB.
All cadre-controlling authorities are requested to get confirmation from the DP&PW that the post for which an Officer of the cadre has applied has been exempted from the "principle of immediate absorption" before conveying cadre clearance to the concerned Ministry/ Department/AB.
Whenever it is decided to appoint serving CG servants on deputation basis to posts which could be exempted from the "principle of immediate absorption basis" specific mention of the exemption has to be made in the vacancy circular along with an authentic copy of the vacancy circular clearly making a specific mention of communication conveying approval of the DP&PW for exemption may be enclosed with the pro forma seeking cadre clearance expeditiously after verifying the position.
[GoI DP&PW O.M. No. 4/10/2005-P&PW(D) dt. 5-12-2005 (read with O.M. Nos. 4(42)/87-P&PW dt. 19-4-1988 & 4/42/87-P&PW(D) dt. 29-1-1991; No. 4/10/2005-P&W(D) dt. 25-4-2005 & No. 5(25)/63-BPE(PESB) dt. 6-3-1985; Swamysnews, Jan. 2006, 9-11]
AMENDMENT TO CCS (CONDUCT) RULES, 1964
In the CCS (Conduct) Rules, 1964, for Rule 11, the following rule shall be substituted, namely:
“11. Communication of Official Information. -- Every Government servant shall, in performance of his duties in good faith, communicate information to a person in accordance with the Right to Information Act, 2005 (22 of 2005) and the rules made there-under.
Provided that no Government servant shall, except in accordance with any general or special order of the Government or servant in performance in good faith of the duties assigned to him, communicate, directly or indirectly, any official document or any part thereof or classified information to any Government servant or any other person to whom he is not authorized to communicate such document or classified information.”
[GOI DOPT Notfn.No.11013/7/2005-Estt.(A) dt. 18-10-2005; Swamysnews, Jan. 2006. 11]
ENHANCEMENT OF CGHS SUBSCRIPTION
The slabs for CGHS contribution effective from 1-4-2004 would be as under:
Basic pay plus Dearness Pay / Monthly subscription
or Basic Pension plus Dearness Pension
Upto Rs.3000 Rs. 15.00
Rs.3001 to Rs.6000 Rs. 40.00
Upto Rs.3000 Rs. 15.00
Rs.3001 to Rs.6000 Rs. 40.00
Rs.6001 to Rs.10000 Rs. 70.00
Rs.10000 to Rs.15000 Rs.100.00
Rs.15001 and above Rs.150.00
In view of the merger of 50% of DA/DR with Basic Pay/Pension to the CG Employees/ Pensioners w.e.f. 1-4-2004, the entitlements for free diet, Nursing Home facilities, Ward entitlements in CGHS recognized private hospitals, etc. are revised w.e.f. 1-4-2004 as detailed hereunder:
There is no change in the entitlements in respect of existing CGHS cardholders.
For the pensioners who join the scheme w.e.f. 1-4-2004 or a subsequent date, if they make payment of CGHS contribution on the basis of their last Basic Pay plus Dearness Pay, they would continue to get the same "ward-entitlement" as they had while in service.
If the pensioner opts to make payment of CGHS contribution on the basis of their Basic Pension plus Dearness Pension resulting in payment of CGHS contribution in a lower slab as compared to payment on the basis of last Basic pay plus Dearness Pay, such pensioners would correspondingly get a lower entitlement of ward on the basis of their Basic Pension plus Dearness Pension only.
S.No. / Subject / Basic Pay + Dearness Pay or Basic Pension + Dearness Pension
1. / Monetary ceiling for free diet / Up to Rs.6,075/-
2. / Monetary ceiling for free diet in case of beneficiary suffering from TB or Mental disease / Up to Rs.9,000/-
3. / Monetary ceiling for direct consultation with the Specialists in Govt./State Govt. hospitals / Rs.18,000/- and above
4. / Pay slabs for determining the entitlement of accommodation in private hospitals recognized under CGHS: General ward: -- Semi-Private ward: -- Private ward:
Up to Rs.11,250/- -- Rs.11,251 to Rs.15,750/- -- Rs.15,751/- and above
5. / Pay slabs for determining the entitlement of Nursing Home facilities in CG/State Govt./Municipal hospitals -do- In AIIMS, New Delhi: / General ward: -- Private ward: -- Private ward/Deluxe ward:
Rs.11,250/- and above -- Rs.15,750/- -- Rs.15,751 to Rs.20,250/- -- Rs.20,251 and above
[GOI MH&FW O.M.No.S-11011/6/98-CGHS(P) dt. 28-10-2005; Swamysnews, Jan. 2006, 15-17]
AMENDMENT TO FUNDAMENTAL RULES
In the Fundamental Rules, in Rule 56, for the fourth proviso to Clause (d), the following shall be substituted, namely:
“Provided also that the Central Government may, if it considers necessary in public interest so to do, give extension in service to the Cabinet Secretary, Defence Secretary, Home Secretary, Director of Intelligence Bureau, Secretary, Research & Analysis Wing and Director, Central Bureau of Investigation, for such periods as it may deem proper, on case to case basis, subject to the condition that the total term of the incumbents of the above posts who are given such extension in service, does not exceed two years.”
[The above provision which was hitherto open only for the post of Cabinet Secretary has been extended to some other posts also. Ed.]
[GOI DOPT Notfn.No.26012/3/2005-Estt.(A) dt. 27-9-2005; Swamysnews, Jan. 2006, 17]
PENSIONARY TERMS IN R/O GOVT. EMPLOYEES TRANSFERRED TO CPSU/AB
Terms and conditions of settlement of pensionary entitlements of Govt. employees transferred en masse to Central PSUs/ABs by conversion of Govt. Department were already laid down.
Fresh conditions for payment of pension to Govt. servants on their absorption in a PSU/AB consequent upon conversion of a Govt. Department into a PSU/Central AB were introduced vide Notification No.4/61/99-P&PW(D) dated 30-9-2000. Under this, absorbees had the option of either reverting back to the Govt. or get absorbed in the PSU/ AB. To this effect, the CCS (Pension) Rules, 1972, under Rules 37-A, sub-rule (8) stands amended as follows:
“(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be. For at his option, to receive pro rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.”
[GoI DP&PW Notfn.No.4/66/2005-P&PW(D) dt. 2-12-2005; Swamysnews, Jan. 2005, 18 (read with Notfn. dt. 14-10-2005; Swamysnews, Dec. 2005, 9-10)]
RESTORATION OF COMMUTED PORTION OF PENSION
In view of the Order dated 28-9-2005 of the High Court of Andhra Pradesh in Contempt Case No.760 of 2005 and CC SR No.3981 of 2005, all the Ministries/Departments are required to initiate appropriate action to restore one-third portion of those Central Govt. employees absorbees in Public Sector Undertakings who had commuted 100% of their pension consequent upon their absorption in PSUs as per existing rules and regulations.
[GOI DOP&PW O.M.No.4/3/2003-P&PW(D) dt. 2-12-2005; Swamysnews, Jan. 2005, 18-20]
ENCASHMENT OF EARNED LEAVE
In terms of Rule 39 (2) (a) of CCS (Leave) Rules, 1972, where a Govt. servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned Leave, if any, at the credit of the Govt. servant on the date of retirement subject to a maximum of 300 days (including the number of days for which encashment has been allowed, if any, along with LTC while in service).
When a clarification was sought as to whether the encashment of any EL availed (say 20 days) during availment of LTC can be deducted from the final payment of leave encashment though it was already debited to his leave account, particularly when the total credit is less than 280 [300 (-) 20], the incumbent shall be eligible for encashment of leave up to 280 days. That is to say, when the total leave at credit is 300 days, the encashment is allowed upto 280 days only and if the credit is 280 days or less, the incumbent shall be eligible for encashment of actual number of days at credit. It should be seen that encashment of the total number of days of EL should not exceed 300 (-) number of days already encashed.
[Swamysnews, Jan. 2005, 99-100]
TRANSPORTATION OF PERSONAL EFFECTS ON TRANSFER TO A PLACE OTHER THAN NEW HQS.
In terms of Note 4 below GIO (1) under SR 116, when a Govt. servant on his transfer transports his personal effects from "old headquarters" to a place "other than the new headquarters", his claim for transporting such personal effects should be restricted to the amount admissible, had the maximum admissible quantity of personal effects been transported by goods train from old headquarters to new headquarters.
The claim should be restricted to the amount admissible between the old headquarters and new headquarters, or the actual expenditure incurred whichever is less.
[Swamysnews, Jan. 2005, 100-101]
In view of the merger of 50% of DA/DR with Basic Pay/Pension to the CG Employees/ Pensioners w.e.f. 1-4-2004, the entitlements for free diet, Nursing Home facilities, Ward entitlements in CGHS recognized private hospitals, etc. are revised w.e.f. 1-4-2004 as detailed hereunder:
There is no change in the entitlements in respect of existing CGHS cardholders.
For the pensioners who join the scheme w.e.f. 1-4-2004 or a subsequent date, if they make payment of CGHS contribution on the basis of their last Basic Pay plus Dearness Pay, they would continue to get the same "ward-entitlement" as they had while in service.
If the pensioner opts to make payment of CGHS contribution on the basis of their Basic Pension plus Dearness Pension resulting in payment of CGHS contribution in a lower slab as compared to payment on the basis of last Basic pay plus Dearness Pay, such pensioners would correspondingly get a lower entitlement of ward on the basis of their Basic Pension plus Dearness Pension only.
S.No. / Subject / Basic Pay + Dearness Pay or Basic Pension + Dearness Pension
1. / Monetary ceiling for free diet / Up to Rs.6,075/-
2. / Monetary ceiling for free diet in case of beneficiary suffering from TB or Mental disease / Up to Rs.9,000/-
3. / Monetary ceiling for direct consultation with the Specialists in Govt./State Govt. hospitals / Rs.18,000/- and above
4. / Pay slabs for determining the entitlement of accommodation in private hospitals recognized under CGHS: General ward: -- Semi-Private ward: -- Private ward:
Up to Rs.11,250/- -- Rs.11,251 to Rs.15,750/- -- Rs.15,751/- and above
5. / Pay slabs for determining the entitlement of Nursing Home facilities in CG/State Govt./Municipal hospitals -do- In AIIMS, New Delhi: / General ward: -- Private ward: -- Private ward/Deluxe ward:
Rs.11,250/- and above -- Rs.15,750/- -- Rs.15,751 to Rs.20,250/- -- Rs.20,251 and above
[GOI MH&FW O.M.No.S-11011/6/98-CGHS(P) dt. 28-10-2005; Swamysnews, Jan. 2006, 15-17]
AMENDMENT TO FUNDAMENTAL RULES
In the Fundamental Rules, in Rule 56, for the fourth proviso to Clause (d), the following shall be substituted, namely:
“Provided also that the Central Government may, if it considers necessary in public interest so to do, give extension in service to the Cabinet Secretary, Defence Secretary, Home Secretary, Director of Intelligence Bureau, Secretary, Research & Analysis Wing and Director, Central Bureau of Investigation, for such periods as it may deem proper, on case to case basis, subject to the condition that the total term of the incumbents of the above posts who are given such extension in service, does not exceed two years.”
[The above provision which was hitherto open only for the post of Cabinet Secretary has been extended to some other posts also. Ed.]
[GOI DOPT Notfn.No.26012/3/2005-Estt.(A) dt. 27-9-2005; Swamysnews, Jan. 2006, 17]
PENSIONARY TERMS IN R/O GOVT. EMPLOYEES TRANSFERRED TO CPSU/AB
Terms and conditions of settlement of pensionary entitlements of Govt. employees transferred en masse to Central PSUs/ABs by conversion of Govt. Department were already laid down.
Fresh conditions for payment of pension to Govt. servants on their absorption in a PSU/AB consequent upon conversion of a Govt. Department into a PSU/Central AB were introduced vide Notification No.4/61/99-P&PW(D) dated 30-9-2000. Under this, absorbees had the option of either reverting back to the Govt. or get absorbed in the PSU/ AB. To this effect, the CCS (Pension) Rules, 1972, under Rules 37-A, sub-rule (8) stands amended as follows:
“(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be. For at his option, to receive pro rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.”
[GoI DP&PW Notfn.No.4/66/2005-P&PW(D) dt. 2-12-2005; Swamysnews, Jan. 2005, 18 (read with Notfn. dt. 14-10-2005; Swamysnews, Dec. 2005, 9-10)]
RESTORATION OF COMMUTED PORTION OF PENSION
In view of the Order dated 28-9-2005 of the High Court of Andhra Pradesh in Contempt Case No.760 of 2005 and CC SR No.3981 of 2005, all the Ministries/Departments are required to initiate appropriate action to restore one-third portion of those Central Govt. employees absorbees in Public Sector Undertakings who had commuted 100% of their pension consequent upon their absorption in PSUs as per existing rules and regulations.
[GOI DOP&PW O.M.No.4/3/2003-P&PW(D) dt. 2-12-2005; Swamysnews, Jan. 2005, 18-20]
ENCASHMENT OF EARNED LEAVE
In terms of Rule 39 (2) (a) of CCS (Leave) Rules, 1972, where a Govt. servant retires on attaining the normal age prescribed for retirement under the terms and conditions governing his service, the authority competent to grant leave shall suo motu issue an order granting cash equivalent of leave salary for earned Leave, if any, at the credit of the Govt. servant on the date of retirement subject to a maximum of 300 days (including the number of days for which encashment has been allowed, if any, along with LTC while in service).
When a clarification was sought as to whether the encashment of any EL availed (say 20 days) during availment of LTC can be deducted from the final payment of leave encashment though it was already debited to his leave account, particularly when the total credit is less than 280 [300 (-) 20], the incumbent shall be eligible for encashment of leave up to 280 days. That is to say, when the total leave at credit is 300 days, the encashment is allowed upto 280 days only and if the credit is 280 days or less, the incumbent shall be eligible for encashment of actual number of days at credit. It should be seen that encashment of the total number of days of EL should not exceed 300 (-) number of days already encashed.
[Swamysnews, Jan. 2005, 99-100]
TRANSPORTATION OF PERSONAL EFFECTS ON TRANSFER TO A PLACE OTHER THAN NEW HQS.
In terms of Note 4 below GIO (1) under SR 116, when a Govt. servant on his transfer transports his personal effects from "old headquarters" to a place "other than the new headquarters", his claim for transporting such personal effects should be restricted to the amount admissible, had the maximum admissible quantity of personal effects been transported by goods train from old headquarters to new headquarters.
The claim should be restricted to the amount admissible between the old headquarters and new headquarters, or the actual expenditure incurred whichever is less.
[Swamysnews, Jan. 2005, 100-101]
January, 2006
INTENSIVE EXAMINATION OF WORKS BY CTE ORGANIZATION
The Quarterly Progress Report (QPR) pertaining to all the organizations under the jurisdiction of CVC/CTE, should contain all the ongoing contracts (above prescribed financial limit) separately for the following categories duly certified by the CVO:
Civil works - Rs.1.00 cr. and above
Stores/Purchase - Rs.2.00 cr. and above
Electrical/Mechanical works - Rs.30.00 lakhs and above
Medical equipment - Rs.1.00 cr. and above
Horticultural - Rs.2.00 lakhs and above
Consultancy - 2 Largest value contracts
Service contracts - 2 Largest value contracts
Supply of medicines - 2 Largest value contracts
If the monetary value of all such works is less than the limits prescribed above in any particular organization, two largest works in progress in each discipline may be reported. If the organization has not undertaken any work under any particular discipline, a “Nil” report should be furnished.
[CTE Lr.No.98-VGL-25 dt. 11-11-2005; CSIR Lr. No.15-1(120)/90-Vig. dt. 27-12-2005]
RATE OF INTEREST FOR CONVEYANCE ADVANCE FOR THE YEAR 2005-06
The rate of interest for conveyance advances sanctioned to the Got. Servants during 2005-06 will continue to be at the same level as for 2004-05, i.e.: Bicycle: 5.5%; Motor cycle/scooter: 8.0%; and Motor car: 11.5%.
[GoI MF O.M.F.No.5(2)-PD/2005 dt. 7-10-05; Swamysnews, Dec. 2005, 5]
GPF/CPF INTEREST AT 8% FOR 2005-06
During the year 2005-06, accumulations at the credit of subscribers to the GPF and other similar funds shall continue to carry interest at the rate of 8% p.a.
[GoI MF(DEA) Resln.No.F.5(1)-PD/2005 dt. 7-10-2005; Swamysnews, Dec. 2005, 5-6]
SUPPLY OF MEDICINES THROUGH CGHS DISPENSARIES
The CGHS Dispensaries receive bulk supply of generic/proprietary medicines from GMSD/CGHS Medical Store Depot. In such cases where such medicines have identical pharmaceutical formulation and therapeutic value in comparison to the branded/proprietary medicines prescribed by Govt. Specialist, the beneficiaries would be issued the generic/ proprietary medicines received from the Depot. Supply of such type of medicines would not be termed as substitute medicine as it does not change the character/potency of the medicine, provided the chemical formulation of both the branded/proprietary drug and the generic drug are the same.
[GoI DGHS Lr.No.3-10/2004-CGHS(VC)450 dt. 25-4-2005; Swamysnews, Dec. 2005, 6]
RECOGNITION OF PHYSIOTHERAPY CENTRE AT NAGPUR
The Physiotherapy Centre of Grih Kalyan Kendra, Nagpur has been recognized for physiotherapy treatment only in respect of CGHS approved procedure for physiotherapy as per their rates.
[GoI MH&FW O.M.No.11011/32/2004-CGHS-Desk-II(CGHS(P) dt. 3-10-2005; Swamysnews, Dec. 2005, 7]
CCS (PENSION) RULES, 1972
In the Central Civil Services (Pension) Rules, 1972, under Rules 37-A, sub-rule (8) stands amended as follows:
“(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be. For at his option, to receive pro rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.”
[GoI DP&PW Notfn.No.4/66/2005-P&PW(D) dt.14-10-2005; Swamysnews, Dec. 2005, 9-10]
CONVERSION OF 50% DEARNESS RELIEF INTO DEARNESS PENSION
The minimum basic pension continues to be Rs.1,275/- in respect of those retired up to 31-3-2004. In such cases, Dearness Relief equal to 50% of present pension will be merged with pension and shown distinctively as Dearness Pay. However, on conversion of 50% DA into DP w.e.f. 1-4-2004, the basic pension/family pension in case of those retired on or after 1-4-2004 should not be less than Rs.1,913/-.
The re-employed/absorbees are not eligible for DR. Hence, the question of conversion of 50% DR in to DP does not arise.
Under Rule 72 (6), Licence fee can be recovered from Dearness Relief but not from Dearness Pension.
[GoI DP&PW O.M.No.45/1/2004-P&PW(G) dt.26-10-2005; Swamysnews, Dec. 2005, 10-11]
PAYMENT OF DIFFERENCE OF GRATUITY TO PRE-1996 RETIREES
For the purpose of calculating various retirement benefits including gratuity of Central Govt. employees, the term ‘emoluments’ prevailing prior to 1-1-1996 was ‘basic pay’ only.
Consequent upon acceptance of Fifth CPC recommendations w.e.f. 1-1-1996, DA admissible on the date of retirement/death has also been included in the definition of emoluments besides basic pay, for the purpose of all kinds of gratuity including DCRG.
The Govt. has not agreed to extend the benefits to retirees who retired/died prior to 1-1-1996 as for grant of any benefit, prescription of a cut-off date is essential keeping in view financial constraints. It is clarified that there is no Supreme Court Judgement specifying that pre-1996 pensioners have to be paid additional gratuity by adding DA at the time of the retirement.
[GoI DP&PW O.M. No.38/189/2005-P&PW(F) dt. 27-10-2005; Swamysnews, Dec. 2005, 11-12]
CS (MA) Rules, 1944
[Clarifications on an article appeared in Nov. 2005 issue of “HARMONY”]
Dependence of son : Till starts earning. The stipulation regarding age limit of 25 years has since been removed.
The Quarterly Progress Report (QPR) pertaining to all the organizations under the jurisdiction of CVC/CTE, should contain all the ongoing contracts (above prescribed financial limit) separately for the following categories duly certified by the CVO:
Civil works - Rs.1.00 cr. and above
Stores/Purchase - Rs.2.00 cr. and above
Electrical/Mechanical works - Rs.30.00 lakhs and above
Medical equipment - Rs.1.00 cr. and above
Horticultural - Rs.2.00 lakhs and above
Consultancy - 2 Largest value contracts
Service contracts - 2 Largest value contracts
Supply of medicines - 2 Largest value contracts
If the monetary value of all such works is less than the limits prescribed above in any particular organization, two largest works in progress in each discipline may be reported. If the organization has not undertaken any work under any particular discipline, a “Nil” report should be furnished.
[CTE Lr.No.98-VGL-25 dt. 11-11-2005; CSIR Lr. No.15-1(120)/90-Vig. dt. 27-12-2005]
RATE OF INTEREST FOR CONVEYANCE ADVANCE FOR THE YEAR 2005-06
The rate of interest for conveyance advances sanctioned to the Got. Servants during 2005-06 will continue to be at the same level as for 2004-05, i.e.: Bicycle: 5.5%; Motor cycle/scooter: 8.0%; and Motor car: 11.5%.
[GoI MF O.M.F.No.5(2)-PD/2005 dt. 7-10-05; Swamysnews, Dec. 2005, 5]
GPF/CPF INTEREST AT 8% FOR 2005-06
During the year 2005-06, accumulations at the credit of subscribers to the GPF and other similar funds shall continue to carry interest at the rate of 8% p.a.
[GoI MF(DEA) Resln.No.F.5(1)-PD/2005 dt. 7-10-2005; Swamysnews, Dec. 2005, 5-6]
SUPPLY OF MEDICINES THROUGH CGHS DISPENSARIES
The CGHS Dispensaries receive bulk supply of generic/proprietary medicines from GMSD/CGHS Medical Store Depot. In such cases where such medicines have identical pharmaceutical formulation and therapeutic value in comparison to the branded/proprietary medicines prescribed by Govt. Specialist, the beneficiaries would be issued the generic/ proprietary medicines received from the Depot. Supply of such type of medicines would not be termed as substitute medicine as it does not change the character/potency of the medicine, provided the chemical formulation of both the branded/proprietary drug and the generic drug are the same.
[GoI DGHS Lr.No.3-10/2004-CGHS(VC)450 dt. 25-4-2005; Swamysnews, Dec. 2005, 6]
RECOGNITION OF PHYSIOTHERAPY CENTRE AT NAGPUR
The Physiotherapy Centre of Grih Kalyan Kendra, Nagpur has been recognized for physiotherapy treatment only in respect of CGHS approved procedure for physiotherapy as per their rates.
[GoI MH&FW O.M.No.11011/32/2004-CGHS-Desk-II(CGHS(P) dt. 3-10-2005; Swamysnews, Dec. 2005, 7]
CCS (PENSION) RULES, 1972
In the Central Civil Services (Pension) Rules, 1972, under Rules 37-A, sub-rule (8) stands amended as follows:
“(8) A permanent Government servant who has been absorbed as an employee of a Public Sector Undertaking or Autonomous Body shall be eligible for pensionary benefits on the basis of combined service rendered by him in the Government and in the Public Sector Undertaking or Autonomous Body in accordance with the formula for calculation of pension/family pension under these rules as may be in force at the time of his retirement from the Public Sector Undertaking or Autonomous Body, as the case may be. For at his option, to receive pro rata retirement benefits for the service rendered under the Central Government in accordance with the orders issued by the Central Government.”
[GoI DP&PW Notfn.No.4/66/2005-P&PW(D) dt.14-10-2005; Swamysnews, Dec. 2005, 9-10]
CONVERSION OF 50% DEARNESS RELIEF INTO DEARNESS PENSION
The minimum basic pension continues to be Rs.1,275/- in respect of those retired up to 31-3-2004. In such cases, Dearness Relief equal to 50% of present pension will be merged with pension and shown distinctively as Dearness Pay. However, on conversion of 50% DA into DP w.e.f. 1-4-2004, the basic pension/family pension in case of those retired on or after 1-4-2004 should not be less than Rs.1,913/-.
The re-employed/absorbees are not eligible for DR. Hence, the question of conversion of 50% DR in to DP does not arise.
Under Rule 72 (6), Licence fee can be recovered from Dearness Relief but not from Dearness Pension.
[GoI DP&PW O.M.No.45/1/2004-P&PW(G) dt.26-10-2005; Swamysnews, Dec. 2005, 10-11]
PAYMENT OF DIFFERENCE OF GRATUITY TO PRE-1996 RETIREES
For the purpose of calculating various retirement benefits including gratuity of Central Govt. employees, the term ‘emoluments’ prevailing prior to 1-1-1996 was ‘basic pay’ only.
Consequent upon acceptance of Fifth CPC recommendations w.e.f. 1-1-1996, DA admissible on the date of retirement/death has also been included in the definition of emoluments besides basic pay, for the purpose of all kinds of gratuity including DCRG.
The Govt. has not agreed to extend the benefits to retirees who retired/died prior to 1-1-1996 as for grant of any benefit, prescription of a cut-off date is essential keeping in view financial constraints. It is clarified that there is no Supreme Court Judgement specifying that pre-1996 pensioners have to be paid additional gratuity by adding DA at the time of the retirement.
[GoI DP&PW O.M. No.38/189/2005-P&PW(F) dt. 27-10-2005; Swamysnews, Dec. 2005, 11-12]
CS (MA) Rules, 1944
[Clarifications on an article appeared in Nov. 2005 issue of “HARMONY”]
Dependence of son : Till starts earning. The stipulation regarding age limit of 25 years has since been removed.
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