Filing of Immovable Property Return by the Officers of Central Secretariat Services (CSS) on or before 31st January 2020 : Office Memorandum Issued by DOPT on 20.12.2019

Filing of Immovable Property Return by the Officers of Central Secretariat Services (CSS) on or before 31^st January 2020 : Office Memorandum Issued by DOPT on 20.12.2019

F. No. 26/01/2018-CS.I (PR/CMS)
Government of India
Ministry of Personnel, Public Grievances and Pensions,
Department of Personnel & Training

2nd Floor, Lok Nayak Bhawan,
Khan Market, New Delhi

Dated December 20th , 2019.

OFFICE MEMORANDUM

Subject:- Submission of Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) by the Officers of Central Secretariat Services (CSS) reg.

    In terms of Rule 18 of CCS (Conduct) Rules, 1964, the Immovable Property Return is required to be furnished by the CSS Officers in the grade of Under Secretary and above, latest by 31.01.2020. IPR should be submitted by all the CSS Officers through Web Based Cadre Management System which is hosted at cscms.nic.in. A copy of the print out (IPR submitted online) duly signed, should also be submitted to CS.I (PR/CMS) Section, which is the custodian of Immovable Property Return (IPR) of these Officers. Assistant Section Officers and Section Officers of CSS will also submit the print out (IPR) duly signed, to their respective Admin/ Vigilance Division.

2. Ministries/ Departments are therefore, requested that the contents of this O.M. may be widely circulated to the notice of all CSS Officers/Officials working under their respective control. They should also ensure that the IPR for the year 2019 (as on 31.12.2019) is submitted within the stipulated time by all the CSS Officers. The officers are also informed that non-submission of IPR within the stipulated date, would invite the denial of vigilance clearance for empanelment, deputation and applying to sensitive posts and assignment to training programme (except mandatory training) as the IPR status needs to be checked for the said purpose(s).

3. It is, therefore, requested that all the CSS Officers may be directed to file their Immovable Property Return (IPR) for the year 2019 (as on 31.12.2019) well in time, latest by 31.01.2020, through Web Based Cadre Management System only. IPRs received beyond the stipulated date, shall not be regarded as conforming to the extant guidelines. It is also stated that the date of filing of IPR will start from 01st January, 2020 and the “Immovable Property Returns” window shall be opened/provided at cscms.nic.in. automatically from that date only.

4. In case of any doubt/ difficulty about filing the IPR, Shri Vijay Pal, Section Officer (PR/CMS)/ Shri Krishnandan Kumar, Assistant Section Officer (PR/CMS) may be contacted at Telephone No. 24629414.

Sanjay Kumar Das Gupta)

Under Secretary to the Government of India

Tele: 24629412

The Deputy Secretary/Director (Admn.),

All Ministries/Departments,

(Through Dopt Website)

DOWNLOAD O.M.

HOLIDAYS IN CENTRAL GOVERNMENT OFFICES IN 2020

List of Holidays 2020 for Central Government Departments declared by Govt. of India

Look Here for Gazetted and Restricted Holidays List for 2020 in Central Government Offices

As this is the end of the calendar year 2019 and new year is approaching,  list of holidays declared by Central Government  for offices of Central Government for the year 2020 is being given for quick look for future planning.

Reference O.M. F.No. 12/1/2019-JCA-2 Dated 18.06.2019 of Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), New Delhi.

Main Paragraphs of O.M. dated 18.06.2019

2. Central Government Administrative Offices located outside Delhi – New Delhi shall observe the following holidays compulsorily in addition to three holidays as per para 3.1 of Office Memorandum dated 18.06.2019.

1.      REPUBLIC DAY

2.      INDEPENDENCE DAY

3.      MAHATMA GANDHI’S BIRTHDAY

4.      BUDDHA PURNIMA

5.      CHRISTMAS DAY

6.      DUSSEHRA (VIJAY DASHMI)

7.      DIWALI IDEEPAVALI)

8.      GOOD FRIDAY

9.      GURU NANAK’S BIRTHDAY

10.  IDU’L FITR

11.  IDU’L ZUHA

12.  MAHAVIR JAYANTI

13.  MUHARRAM

14.  PROPHET MOHAMMAD’S BIRTHDAY (ID-E-MILAD)

 

CENTRAL GOVERNMENT HOLIDAY LIST FOR THE YEAR 2020 DOWNLOAD

HOLIDAY LIST 2020 FOR CENTRAL GOVERNMENT OFFICES ISSUED BY DOPT

3.1 In addition to the above 14 Compulsory holidays as given in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State.

1.      AN ADDITIONAL DAY FOR DUSSEHRA

2.      HOLI

3.      JANAMASHTAMI (VAISHNAVI)

4.      RAM NAVAMI

5.      MAHA SHIVRATRI

6.      GANESH CHATURTHI – VINAYAK CHATURTHI

7.      MAKAR SAKARANTI

8.      RATH YATRA

9.      ONAM

10.    PONGAL

11.    SRI PANCHAMI – BASANT PANCHAMI

12.    VISHU, VAISAKHI, VAISAKHADI, BHAG BIHU,      MASHADI UGADI, CHAITRA SUKLADI, CHETI CHAND, GUDI PADAVA, 1st NAVRATRA, NAORAJ / CHHATH POOJA / KARVA CHAUTH.

List of Gazetted Holidays and Restricted Holidays in 2020 for Central Government Departments declared by Govt. of India

DOWNLOAD DOPT O.M. HERE

Seniority Cannot Be Claimed when the Incumbent has not even been borne in the cadre: Supreme Court of India

Seniority Cannot Be Claimed when the Incumbent has not even been borne in the cadre: Supreme Court of India

Seniority Cannot Be Claimed when the Incumbent has not even been borne in the cadre.  It has been held by the Supreme Court of India in the case of  K. Meghachandra Singh vs Ningam Siro on 19 November, 2019 by the Supreme Court of India in CIVIL APPEAL NO(S). 8838   OF 2019 arising out of SLP(C) No(s).17007 of 2019  CIVIL APPEAL NO(S). 8836-8837 OF 2019 (Arising out of SLP(C) No(s). 19568-19569 of 2019.

In an important Judgment Delivered by Hon’ble Supreme Court of India in matters pertain to an inter-se seniority dispute in the Manipur Police Service Grade II Officers, Supreme Court held that Seniority Cannot Be Claimed From A Date When the Incumbent was Not Borne In Service. Salient Points of the Judgement :

“The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service rules. It is so because seniority cannot be given on retrospective basis when an employee has not even been borne in the cadre and by doing so it may adversely affect the employees who have been appointed validly in the meantime.”

“At this stage, we must also emphasize that the Court in N. R. Parmar (Supra) need not have observed that the selected candidate cannot be blamed for administrative delay and the gap between initiation of process and appointment. Such observation is fallacious in as much as none can be identified as being a selected candidate on the date when the process of recruitment had commenced. On that day, a body of persons aspiring to be appointed to the vacancy intended for direct recruits was not in existence. The persons who might respond to an advertisement cannot  have any service-related rights, not to talk of right to have their seniority counted from the date of the advertisement. In other words, only on completion of the process, the applicant morphs into a selected candidate and, therefore, unnecessary observation was made in N. R. Parmar (Supra) to the effect that the selected candidate cannot be blamed for the administrative delay. In the same context, we may usefully refer to the ratio in vs. Shankarsan Dash Vs. Union of India, where it was held even upon empanelment, an appointee does not acquire any right.”

“In view of the foregoing, the orders of the High Court in the Writ Petition and the Writ Appeal are upheld. The State of Manipur is accordingly directed to prepare a revised inter-se seniority list in the MPS Grade-II cadre in light of the above discussion  and the High Court’s Orders. This shall be done within 8 weeks from today. All consequential actions will follow from this judgment. It is ordered accordingly.”

Source: indiankanoon.org

Dopt Clarification Closed Holidays for the Year 2020 regarding Date for Dusshera Holiday

Dopt Clarifies Closed Holidays for the Year 2020 regarding Date for Dusshera Holiday

F. No.12/1/2019-JCA2
Government of India
Ministry of Personnel, PG & Pensions
Department of Personnel & Training

North Block, New Delhi
Dated: 20th December, 2019

OFFICE MEMORANDUM

Subject: Closed Holidays for the year 2020 — Date for Dusshera regarding.

In continuation of this Department’s OM of even number dated 18-6-2019 circulating therewith List of holidays for the year 2020, the undersigned is directed to state that some Central Government Employees Coordination Committees located in different States have sent representations for change in the date of Dusshera (Vijaya Dasami) holiday on 26-10-2020 (Monday) instead of 25-10-2020 (Sunday) in their States.

2. It is hereby informed that the decision of CGEWCCs located in different States, to declare Dussehra as closed holiday for the Central Govt. Offices on 26-10-2020 (Monday), is not in accordance with the holiday policy of the Government of India. However, Restricted Holiday on 26-10-2020 (Monday) for Dussehra (Vijay Dashmi) can be celebrated by the Central Government Offices, as specifically mentioned in DoPT’s OM No.12/1/2019/JCA 2 dated 18.06.2019, at para 3.1 that “no change of dates is permissible in regard to festivals and dates indicated”.

3. This issues with the approval of the competent authority.

(Jugal Singh)
Deputy Secretary to the Govt. of India
Ph: 23092338

Copy to

1.     All Ministries/ Departments of Government of India.

2.     UPSC/CVC/C&AG/PMO/Lok Sabha Secretariat/Rajya Sabha Secretariat / President’s Secretariat / Vice-President’s Secretariat / Supreme Court / High Court of the States / Central Administrative Tribunal Principal Bench / Election Commission of India / Minorities Commission / National Human Rights Commission / Central Information Commission/National Commission for Women/National Commission for SC/NCST/NCBC.

3.     All attached and subordinate offices of Ministry of Personnel, P.G. & Pensions.

4.     Secretary, Staff Side, National Council (JCM), 13-C, Ferozeshah Road, New Delhi.

5.     All Staff Side Members of the National Council (JCM).

6.     All Staff Side Members of the Departmental Council (JCM),Ministry of Personnel, P.G. and Pensions.

7.     Chairman/Secretaries, Central Government Employees Welfare Coordination Committees (As per updated list from Welfare Section).

8.     PS to Cabinet Secretary.

9.     Deputy Secretary (Coordination), Delhi Govt. Secretariat, I.G. Stadium, I.T.O., New Delhi.

10. The Manager (Store), Government of India, Forms Store, 166 Lenin Saral, Kolkata

 

DOPT CLARIFICATION ON CLOSED HOLIDAYS

PFRDA likely to be sole pension regulator, seeks additional IT exemptions : News Reports

PFRDA likely to be sole pension regulator, seeks additional IT exemptions

As per News Reports published, PFRDA likely to be sole pension regulator, seeks additional IT exemptions.

Detailed report is:

The government is moving ahead to make Pension Fund Regulatory and Development Authority (PFRDA) as the sole watchdog for all pension products in the country, a senior official from the agency said on Friday.

In its pre-budget proposal, the body has sought for a doubling of the Income Tax exemptions for contributions towards pensions to Rs 1 lakh under Section 80CCD (1B), PFRDA's Member (Finance) Supratim Bandyopadhyay, told reporters here.

PENSION

At present, pensions products are sold by both insurance companies as well mutual funds, which makes Irdai and Sebi, as the regulators for those products.

"The in-principle approval has come from the Finance Ministry for the PFRDA Act amendment which will make PFRDA the single regulator for pension products," Bandyopadhyay said.

He also said the authority expects the amendments to PFRDA Act to be passed by the Parliament during the Budget Session.

In order to encourage more people to join the New Pension Scheme (NPS), he said PFRDA has made the proposal for doubling of the tax deductions under the scheme.

The body has also recommended that the government allow Systematic Withdrawal Plans (SWPs) for National Pension System (NPS) instead of buying annuities, he said.

Source: Business Standard

OPENING OF OFFICE ON PUBLIC HOLIDAYS : COMPENSATORY LEAVE IS GRANTED TO STAFF FOR DUTY ON PUBLIC HOLIDAY : LOK SABHA PQ

OPENING OF OFFICE ON PUBLIC HOLIDAYS : COMPENSATORY LEAVE IS GRANTED TO STAFF FOR DUTY ON PUBLIC HOLIDAY  : LOK SABHA PQ

GOVERNMENT OF INDIA

MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS

(DEPARTMENT OF PERSONNEL & TRAINING)

LOK SABHA UNSTARRED QUESTION NO. 3696

(TO BE ANSWERED ON 11.12.2019)

OPENING OF OFFICE ON HOLIDAYS

†3696. SHRI HARISH DWIVEDI:

Will the PRIME MINISTER be pleased to state:

(a) whether the Ministry has received any complaints about any Government/ private offices remaining open on public holidays;

(b) if so, the provision to take action on the above-mentioned incident;

(c) the medium through which a person can file complaint when a Government/private office remains open on public holidays; and

(d) the details thereof?

ANSWER

MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE (DR. JITENDRA SINGH)

(a) to (d): No Sir. As per Fundamental Rule (FR)11, the whole time of a Government servant is at the disposal of the Government, which pays him and he may be employed in any manner required by proper authority without claim for additional remuneration.

Sometimes with a view to meeting the exigencies of work such as when a Government business has to be transacted immediately or a deadline has to be met, the Head of the Office can, in the interest of public service, take a decision to keep the offices open fully or partially, even on public holidays. The staff who are deployed on official duty on public holidays are, however, compensated by granting them compensatory leave.

Need for laying down procedure for registering complaints in case of any Government/private office remaining open on public holidays has not been felt.

*****

Source: Lok Sabha

Code on Wages 2019 : Full and final payment will be paid by Employer just 2 days after employee leave job

Code on Wages 2019 : Full and final payment will 

be paid by Employer just 2 days after employee 

leave job

It usually takes about a month to get your full and final payment after you leave a job. However, this could change soon. According to the Code on Wages, 2019, notified on August 8, your employer will have to pay all your wages within two days after your last working day.




What the Code says on making the full and final payment

Wages under the Code is defined as all remuneration whether by way of salaries, allowances or otherwise. This includes - basic pay, dearness allowance and retaining allowance, if any. However, it excludes certain specified compensation items such as value of housing accommodation, conveyance allowance, leave travel allowance etc. If the specified exclusions other than gratuity payable, retrenchment compensation, other retirement benefits, ex-gratia paid on termination exceeds 50 per cent of the  total remuneration, then the same will be added to the wages, according to the Code.

The value of remuneration in kind, for example employee stock option plan (ESOP) payable to employee, will be included up to 15 per cent of total wages. With regards to payment of full and final payment after an employee quits, the Code on Wages, 2019 says, "Where an employee has been - (i) removed or dismissed from service; or (ii) retrenched or has resigned from service, or became unemployed due to closure of establishment, the wages payable to him shall be paid within two working days of his  removal, dismissal, retrenchment or, as the case may be, his resignation.” Let us say your last working day in an organisation is November 20, 2019. Your employer would have to pay wages payable to you as mentioned by November 22, 2019.

What are the current rules?

Wages in the current Act is defined as follows. Puneet Gupta, Director, People Advisory Services, EY India explains, "Wages under the Payment of Wages Act, 1936 means total remuneration paid except for the specified exclusions under the Act. These exclusions are bonus paid which is not the part of the terms of employment, value of any-house accommodation or supply of light, water, medical attendance, or any service excluded from computation of wages, any contribution paid by the employer to provident fund or pension fund, any travelling allowance or value of travelling concession, gratuity payable on termination of employment."

Saraswathi Kasturirangan, Partner, Deloitte India says, "Under the payment of Wages Act, 1936, the settlement of wages will be made within two working days only if the services are terminated by the employer or are terminated due to closure of establishment. It is silent on timeline for making payment in case of resignation by the employee."

The timeline to make payment of wages under the Act is as follows:

Nature of termination Timeline Termination of employment by the employer Before expiry of second working day from the date of termination of employment Termination due to closure of establishment Before expiry of second working day from the date of termination of employment Any railway, factory and industrial or other establishment having less than 1000 persons employed Before expiry of seventh day from the last day of wage period Any railway, factory and industrial or other establishment having 1000 or more persons employed. Before expiry of tenth day from the last day of wage period

(Source: Deloitte India)

What Code on Wages, 2019 means for employees

The Payment of Wages Act, which is in force now, is silent on many issues like the settlement of the full and final amount in case of resignation. Once the Code on Wages is implemented it is likely to bring in more clarity and better compliance.

Gupta says, "Code on Wages, 2019 seeks to universalise the laws related to payment of minimum wages and timely payment of wages to the employees. The previous labour laws  silent on various issues such as time limit on making final payment in case of resignation, removal and so on."

Other than quicker settlements, the Code will also bring under it a wider class of employees. "Code on Wages, 2019 has widened the applicability to a wider class of employees. With stringent provisions on penalties, compliance on labour matters by employers is expected to be high. In short, the provision of early settlement of dues (within two days on resignation), increased coverage by extending the provisions to the unorganised sector, disclosure requirement for specified cases of domestic workers and increase in penalties for non-compliance by employers will all go a long way in providing a conducive labour regime," says Ms. Kasturirangan.

The catch

However, one must remember that though the Code has been passed by the Parliament, the date from which it will become applicable is yet to be notified by the government. Ms. Kasturirangan says, "Do keep in mind that though the Code on Wages, 2019 has been passed by the parliament, various procedural rules, forms, necessary for its implementation have not been notified yet. The preliminary draft rules have been uploaded on the website of Ministry of Labour and Employment on November 1, 2019 for inputs of various stakeholders and public. The date of actual implementation of code is likely to be notified once the rules for the code and other details such as floor wages are finalised and notified to ensure smooth implementation of the Code."

Source: economictimes.indiatimes