ISSN: 2454-5562

Thamasoma Jyothirgamaya

HARMONY AN E-MAGAZINE ON CSIR/GoI SERVICE & RELATED

ISSUES

Ch. Srinivasa RaoFounder-Editor

formerly COA, CSIR-NGRI, Hyderabad

Estd: Jan. 1993 -- 25 years in the service of esteemed readers

Review: B.J. Acharyulu, Head, F&A, CDFD, Hyderabad Dream-weaver: D.S. Sundar, Assistant (F&A), CLRI, Chennai

Orders of Central Govt. which are reproduced in "HARMONY" whether duly endorsed by the CSIR or not, are applicable to its employees to a large extent unless and otherwise such Orders involve financial implications.

Articles on Service issues, Management, Motivation, Material Management, Behavioural aspects and related issues are welcome through E-mail or other means.

Material published in “HARMONY” can be used with due acknowledgement purely in academic interest. The opinions expressed or inferences drawn in the material published in “HARMONY” do not necessarily reflect the views of Editor or CSIR, New Delhi/ Swamy Publishers (P) Ltd., Chennai. The Editor shall not take any responsibility whatsoever for any inaccuracies or claims. “HARMONY” is transmitted through E-mail. All are welcome to enlist for a copy.

face Book .com/harmonysrinivas E-mail: harmonysrinivas@gmail.com / srinivasaharmony@gmail.com

Mobile: 91-94904 62583 / : 040-2712 2528Res: Ch. Srinivasa Rao, H.No.42-267/1/3, Shramikanagar, Moula Ali, Hyderabad 500 040

May 2018

Vol. XXV(278)

Please don't print this unless you really need to. Save Trees…

LTC Facilities to Civilian CG Employees Serving in J&K, NER, etc.

This has reference to DoE O.M. No. 11(2)/97-E.II(B) dated 22-7-1998, regarding Allowance and Special Facilities for civilian employees of the CG serving in States and UTs of the North-Eastern Region and in the Andaman & Nicobar Island and Lakshadweep Group of Islands.

2. The aforesaid O.M. provided the option of availing every year Home Town LTC (for self and family) to a Govt. servant serving in North-Eastern Region, Andaman Nicobar and Lakshadweep groups of Islands who leaves his family behind at the old headquarters or another selected place of residence, and who has not availed of transfer travelling allowance for family. In addition, two additional passages under “Emergency Passage Concession” is also provided to the employees posted in these regions to enable them and/or their families [spouse and two dependent children] to travel either to the Home Town or the station of posting in an emergency.

3. The 7th CPC has recommended that splitting of hometown LTC should be allowed in case of employees posted in North East, Ladakh and Island territories of Andaman, Nicobar and Lakshadweep. This will enable these employees and their families to meet more often. 4. Consequent upon acceptance of recommendations of 7th CPC, it has been decided that a civilian Central Govt. servant serving in North-Eastern Region, Ladakh region of State of J&K, A&N Islands and Lakshadweep groups of Islands, who leaves his family behind at the old HQs. or another selected place of residence and has not availed of transfer travelling allowance for family, shall be provided with the following options for the purpose of LTC:

(i) The Govt. servant may avail LTC for journey to the Home Town once in a block period of two years and/or one ‘Anywhere in India’ LTC in a block of four years under the normal LTC rules; or

(ii) In lieu thereof, the Govt. servant may avail the facility for himself/herself to travel once a year from the station of posting to the Home Town or the place where the family is residing and for the family [restricted only to the spouse and dependent children as per the ‘family’ definition of CCS (LTC), Rules, 1988] to travel once a year to visit the Govt. servant at the station of posting.

5. In addition, Central Govt. employees and their families posted in these territories shall be entitled to avail of the Leave Travel Concession, in emergencies, on two additional occasions during their entire service career. This shall be termed as “Emergency Passage Concession" and is intended to enable the Central Govt. employees and/or their families [restricted only to spouse and dependent children] to travel either to the Home Town or the station of posting in an emergency. The two additional passages under the Emergency Passage Concession shall be availed by the entitled mode and class of travel as admissible under the normal Leave Travel Concession Rules.

6. This O.M. will take effect from July 1, 2017.

2

CSIR / Govt. of India Orders

[GoI MoPPG&P DoP&T O.M. F.No.31011/12/2015-Estt.A-IV dated 24-4-2018; www.staffnews.in]

Deficiency in Providing Services by Banks to Sick Pensioners/Family Pensioner

It has been observed that number of grievances are being received in CPAO regarding deficiency in services rendered by banks to pensioners/family pensioners especially those who are sick, paralyzed and bedridden are facing problems while withdrawing their money from their respective pensions accounts.

In view of the above, Heads of CPPCs and Heads of Govt. Business Divisions of all the authorized banks are requested to issue necessary instructions to all the branches to attend these pensioners/family pensioners who are sick, paralyzed and bedridden on priority basis with empathy so that no hardships are caused to the pensioners/ family pensioners

[GoI MoF DoE CPAO O.M. No. CPAO/IT&Tech/Bank Performance/37(Vol-III)(A)/2018-19/17 dated 25-4-2018]

Revision of the Rates of Central Secretariat (Deputation on Tenure) Allowance

In supersession of the order contained in O.M. No.2/22(A)/2008-Estt.(Pay II) dated 3-9-2008 and in continuation of the DoP&T O.M. No.2/10/2017-Estt.(Pay II) dated 7-12-2017, the President is pleased to decide that the Officers of All India Services and Organized Group ‘A’ Central Services, on their posting as Under Secretary/Dy. Secretary/ Director in the Central Secretariat under the Central staffing scheme will be entitled to get their pay fixed in the applicable revised Pay Level attached to the post or to draw their basic pay plus Central Secretariat (Deputation on Tenure) Allowance on the following terms and conditions. (a) The Officers of the All India Services and organized Group ‘A’ Central Services

posted in the Central Secretariat under the Central Staffing Scheme as Under Secretary/Dy. Secretary/Director will be treated as on deputation outside their cadre i.e. to ex-cadre post;

(b) Their posting will be subject to a prescribed tenure on the expiry of which they will revert to their cadre post in their parent Departments;

(c) During their tenure as Under Secretary/Dy. Secretary/Director, the Officers will be paid CDTA at the rate of 10% of their basic pay, subject to a ceiling of rs9000;

(d) The allowance will be paid to the Officers for the period of deputation under the Central Staffing Scheme approved by the competent authority;

(e) No allowance will be admissible to Officers of these services posted as Joint Secretaries and above in the Central Secretariat;

(f) No allowance will be admissible to Officers of the All India Services and organized Group ‘A’ Central Services posted as Under Secretaries/Dy. Secretaries/Directors who are given extension or re-employment after superannuation; and

(g) ‘Basic pay’ in the revised pay structure (the pay structure based on 7th Central Pay Commission recommendations) means the pay drawn by the deputationist, from time to time, in the prescribed Level, in Pay Matrix, of the post held by him substantively in the parent cadre, but does not include any other type of pay like personal pay, etc.

3

(h) In cases where the basic pay in parent cadre has been upgraded during continuance of deputation on account of Pro forma Promotion, Non-Functional Upgradation (NFU) or any other upgradation, such upgraded basic pay under such upgradations shall not be taken into account for the purpose of CDTA.

(i) If during the continuance of deputation an Officer gets an upgradation in his parent cadre by way of Pro forma Promotion, Non-Functional Upgradation (NFU) or any other upgradation to Level 14 of the Pay Matrix, he shall be given the option to draw the personal pay in accordance with Rule 12 of CCS(RP) Rules, 2016 as amended vide DoE Notification No.1-2/2016-IC dated 15-6-2017 without CDTA or the pay which he was drawing before such upgradation with CDTA, whichever is more beneficial.

2. These orders shall take effect from 1-7-2017.

[GoI MoPPG&P DoP&T O.M. No.2/10/2017-Estt. Pay-II dated 24-4-2018; www.govtempdiary.com]

DPC Procedure - Model Calendar

The undersigned is directed to invite reference to the DoP&T O.M. No. dated 8-5-2017 vide which instructions for procedure to be observed by the Departmental Promotion Committees - Model Calendar for DPCs - Relevant year up to which APARs are to be considered and Model Calendar for conducting DPCs were issued.

2. A reference has been received whether the O.M. dated 28-1-2015 and the above mentioned OM dated 8-5-2017 will co-exist. The matter has been examined and it has been decided that the O.M. dated 8-5-2017 will supersede all the instructions issued on the subject of Model Calendar for Departmental Promotion Committees, including the O.M. dated 28-1-2015. In other words, the instructions issued vide O.M. dated 8-5-2017 are applicable in all cases, i.e., whether or not it requires DPC to be convened in UPSC or internally within the Departments/Ministries.

3. Ministries/Departments are requested to give wide circulation to these instructions for guidance in the matter and also to ensure strict adherence to the time-schedule prescribed as per the 'Model Calendar' for DPCs.

[GoI MoPPG&P DoP&T O.M. No.22011/4/2013-Estt.(D) dated 23-3-2018]

Public Procurement (Preference to Make-in-India) Order, 2017

A copy of the letter No.018/VGL/022-377353 dated 20-4-2018 of the Central Vigilance Commission, GoI, on the subject cited above is forwarded for information, guidance, necessary action and compliance.

In this regard, all CSIR Labs./Instts. should ensure that procurement/contract over an amount of Rs.5.00 crores are dealt as per CVC guidelines/orders and a Certificate should also be issued to this effect. Besides this, copies of documents related to procurement/contract over Rs.5.00 crores should also be forwarded.

Copy of CVC Lr. No.018/VGL/023-377353 dated 20-4-2018

Department of Industrial Policy & Promotion (DIPP) has issued “Public Procurement (Preference to Make-in-India), Order 2017 (PPP-MII Order) dated 15-7-2017 pursuant to Rule 153 (iii) of General Financial Rules, 2017, which seeks to promote domestic production of goods and services. As per this Order, restrictive and discriminative clauses cannot be included in procurement by Central Govt. Agencies against domestic suppliers. The Commission has received a request from the DIPP to

4

widely disseminate the Order to the CVOs and IEMs to exercise oversight (caution) on all contracts over an amount of Rs.5.00 crores.

In order to implement PPP-MII Order in letter and spirit, the Commission would direct all the Chief Vigilance Officers to exercise oversight on all contracts over an amount of Rs.5.00 crores so as to ensure that restrictive and discriminative clauses against domestic suppliers are not included in the tender documents for procurement of goods and services and that the tender conditions are in sync with the PPP-MII Order, 2017 in their respective Departments/Organizations.

The Commission further desires that the Independent External Monitors (IEMs) appointed by the respective organizations may keep in view the provisions of PPP-MII Order, 2017 while exercising their functions/duties as IEMs in respect of procurements/ contracts which fall in their purview.

[CSIR Lr. No.15-6(82)/98-O&M-III dated 4-5-2018; CVC Lr. No.018/VGL/023-377353 dated 20-4-2018]

Revision of Provisional Pension Sanctioned under Rule 69 of the CCS (Pension) Rules, 1972

Attention is invited to the DoP&PW O.M. No.38/49/16-P&PW(A) dated 12-2-2018 regarding “Revision of Provisional Pension”.

The applicability of the provisions of the aforesaid O.M. regarding grant of Provisional Pension sanctioned under rule 69 of the CCS (Pension) Rules, 1972 has been considered by this Department and it has been decided to make the provisions of the aforesaid O.M. of DoP&PW regarding “Revision of Provisional Pension” applicable, mutatis mutandis, to the All India Service Pensioners to whom provision pension was sanctioned under rule 6 of AIS (Death-cum-Retirement Benefits) Rules, 1958.

[GoI MoPPG&P DoP&T Lr. No.25014/06/2016-AIS.II dated 18-4-2018]

Recruitment Process Followed in CPSEs

The undersigned is directed to refer to Secretary, MoHRD. D/o Higher Education DO No.4-17712015-DL dated 13-5-2018 regarding non-recognition by CPSE of degrees/diplomas acquired in Open and Distance Learning (ODL) mode from UGC recognized Universities for the purpose of employment.

2. As recruitment to the below Board level posts are done by Board of CPSEs, the administrative Ministries/Departments of the CPSEs are requested to advise their respective CPSEs to take cognizance of the various notifications/circulars/public notices of MoHRD and UGC regarding the recognition of the ODL mode degree for the purpose of employment while making recruitment in CPSEs.

Copy of D.O. No.4-177/2015-DL dated 1-5-2018 addressed to the Secretary, Department of Public Enterprises, GoI

This Ministry has been receiving many complaints about PSUs not recognizing degrees/diplomas acquired in Open and Distance Learning (ODL) mode from UGC recognised Universities for the purpose of employment.

2. In this regard, it is mentioned that Govt. of India has consistently maintained that degree acquired through ODL mode are valid for employment in Govt. and PSUs. A copy of MoHRD Gazette Notification is attached. The University Grants Commission has also issued guidelines/ circular/ public notices from time to time in past for awareness of general public and others on the recognition / equivalency of the 001. degrees with the

5

degrees acquired from regular universities. In this regard, UGC has issued a Public Notice dated 23rd February, 2018.

3. However, for the programmes for which AICTE is the regulator, its approval for ODL courses is necessary. In brief, AICTE does not recognize ODL degrees in subject areas other than management and information technology. But for all other non-professional courses/degrees acquired by individuals from the UGC recognised ODL programmes are valid degrees for appointment to post and services in the Central Govt. & PSUs.

4. In view of above, I would therefore, request you to kindly issue the necessary instructions to all the Central PSUs and Public Enterprises to take cognizance of the various notifications/circulars/public notices of MHRD and UGC regarding the recognition of ODL mode degrees for the purpose of employment.

[GoI MoI&HI&PE DoPE O.M. No. DPE-GM-12/0001l2015-GM-FTS-3756 dated 23-3-2018]

Grant of Vigilance Clearance for Obtaining Passport

The matter regarding guidelines for granting Vigilance Clearance to Members of the Central Civil Service holding Central Civil Posts have been reviewed and it has been decided to lay down guidelines for grant of Vigilance Clearance to the Govt. servant for obtaining Indian Passport.

2. Ministry of External Affairs has issued the guidelines for issuance of ordinary Passport to the govt. servant vide O.M. VI/401/01/05/2014 dated 26-5-2015 in connection with procedures to be followed in case of Passport to be issued.

3. In view of the above, it is mandatory for the administrative Department/ Controlling Authority to check whether any provision of the Section 6(2) of the Passport Act, 1967 are attracted in the case of employee, who are working under them, while obtaining Indian Passport. As such, it is required to check the vigilance clearance of such Govt. servant.

4. Accordingly, it has been decided that vigilance clearance can be withheld only under the following circumstances:

i) The Officer is under suspension;

ii) A charge sheet has been issued against the Officer in a disciplinary proceeding and the proceeding is pending.

iii) Charge sheet has been filed in a Court by the Investigating Agency in a criminal case and the case is pending.

iv) Sanction for investigation or prosecution has been granted by the Competent Authority in a case under the PC Act or any other criminal matter.

v) An FIR has been filed or a case has been registered by any Govt. entity against the Officer, after a preliminary fact finding inquiry.

vi) The Officer is involved in a trap/raid case on charges of corruption and investigation is pending.

5) Vigilance clearance shall not be withheld due to an FIR filed on the basis of a private complaint unless a charge sheet has been filed by the Investigating Agency provided that there are no directions to the contrary by a competent Court of Law. However, the information regarding FIR may be provided to the Passport Office. The final decision will be taken by the concerned Passport Issuing Authority.

6

6. There may be situations wherein wards and relatives of the civil servants residing abroad (for education and other purposes) could be having medical emergencies or family events. The Officer himself/herself may require to proceed abroad for medical reasons. Therefore, as a policy, ordinarily, a passport will not be granted, if a disciplinary proceeding is pending against the Officer. However, the competent authority can take a view wherein a foreign travel is necessitated due to extreme urgent situation like medical emergencies, etc. on case to case basis.

[GoI MoPPG&P DoP&T O.M. No.11012/7/2017-Estt.A.III dated 28-3-2018]

Simplification of Pension Procedure – Submission of Life Certificate

Attention is invited to CPAO’s O.M. No.CPAO/Tech/Simplification/2012-13/325 dated 18-2-2013 on the above subject whereby it was decided to submit the life Certificate to any branch of the authorized bank through which pension of pensioners/family pensioners is being disbursed. Format of acknowledgement to be given by the Life Certificates receiving branch to the pensioner/family pensioner was circulated vide O.M. No.CPAO/IT&Tech/Scheme Booklet/2015-16/1666 dated 16-10-2015 which was reiterated vide O.M. No.CPAO/IT&Tech/Jeevan Pramaan/2015-16/1680 dated 9-11-2015.

2. But it is observed that bank branches are still not providing the acknowledgement of Life Certificate to the pensioners/family pensioners. Moreover, it has been observed that they do not forward the same to their CPPCs, resulting in stoppage of Pension/Family Pension which causes undue financial hardship to the pensioners/family pensioners.

In view of the above, Heads of CPPCs and Heads of Govt. Business Divisions of all the authorized banks are requested to issue necessary instructions to all their branches to provide the acknowledgement of Life Certificate to the pensioner/family pensioner without fail and forward the same to the concerned CPPCs for necessary action.

[GoI MoF DoE CPAO O.M. No.CPAO/IT&Tech/Bank Performance/37(Vol.III)/2017-18 dated 19-3-2018]

Minutes of GST Facilitation Cell of CSIR

This has reference to IFD OM No.30-1(5)/2018-IFD dated 2-2-2018. The past meeting of GST facilitation Cell was held on 19-2-2018 to discuss the agenda as mentioned in the above referred O.M. The following Members were present:

1. Ms. Sumita Sarkar, FA, CSIR, … Chairman2. Dr. Sudeep Kumar, Head Mission Directorate … Member3. Dr. Anjan Ray, Head RPPBDD … Member (connected via VC)4. Shri Manual Thomas, Sr. DS(PD), Member5. Shri R. K. Rao, Sr. CoS&P … Member6. Shri Pawan Mishra, Law Officer7. Shri Anil Kumar Sc., Legal Section8. Shri G. Mishra, DFA (IFD) … Member-cum-Convener9. Shri Ajay Kumar, FAO (IFD)

The Committee Members discussed the agenda items and issues which arise during the discussion. The items of discussion and recommendation of the Members are given hereunder.

Item 1: To discuss and formulate further course of action apropos constitution of

GST Facilitation Cell

7

Recommendation: The Committee recommended that every lab may have internal GST Committee comprising of Head PME/BDG, CoA/AO, CoF&A/FAO and CoS&P/SPO which will consider the GST issues. The help of GST help desk as formed by CBEC to resolve the queries related to GST may also be taken. Even then, if any issue persists; the same may be forwarded to the CSIR with the recommendation of internal GST Committee along with all the related information such as nature of service or goods, HSN/SAC Code, quantity, inter-state or intra-state supply, wherever applicable etc., duly approved by the Director/Head of the Lab./Instt.

Item 2: To consider the clarification sought on GST received by CSIR Labs to date

1. SERC Chennai

Point 1: Column No.4 under point No. (ii), it has been mentioned that a Certificate from the Head of Institution in each case to be furnished to the supplier. In this regard, please inform whether the Officer not below the rank of Dy. Secretary to furnish the certificate or the Head of Institution, i.e., Director.

Recommendation: As per Gol Notification No.45/2017-Central Tax (Rate) dated 14-11-2017 to the extent applicable, two certificates are required to be produced to the supplier. (i) a certificate from the Deputy Secretary level Officer of the lab mentioning the specified goods (ii) a certificate from the Head of the institution, in each case, certifying that the said goods are required for research purpose. Further, it has been made amply clear in the Explanation below the table of Notification No.45/2017-Central Tax (Rate) dated 14-11-2017 that the Head means in relation to an institution, the Director thereof. Therefore, at the time of supply, a certificate to the supplier from the Director/Head of the Institution, in each case are required.

Point 2: It may be clarified the percentage of total GST payable is 2.5% or 5% (2.5%+2.5%), since some parties are claiming 5%.

Recommendation: The rate of 2.5% as per Notification No.45/2017-Central Tax (Rate) dated 14-11-2017 is for Central CGST levy. For the SGST, the corresponding notification/rate may be referred by the lab.

Point 3: Item listed under column 3, whether the concession is available, if procured directly from the manufacturer or from the dealers also. Is this concession of GST available for procurement from agents or dealers also? Is this concession of GST available for procurement from agents or dealers.

Recommendation: The issue may be examined by the lab with specific reference to rule position and may be forwarded to CSIR after following the procedure as mentioned in the comments of Agenda item 1 above along with all the supporting documents.

2. ESD, CSIR HQs.

ESD stated that Labs are requesting ESD to provide guidance in the matter regarding applicability of GST in Works Contract for the following:

Point 1: The on-going works commenced in Pre-GST regime and continuing in the Post-GST regime.

Recommendation: The GST will be applicable on any supply on or after 1-7-2017. The Govt. of West Bengal, Audit Branch has issued guidelines in respect to works contract Pre-GST and Post-GST regime and has compiled the tax liability in various situations which may be referred by ESD for guidance on the matter. However, the conformity of the clarification w.r.t. GST Acts and Rules may be ensured by ESD before issuing any advice on the matter to the Lab.

8

Point 2: Deduction of TDS (GST), if any, for works contracts in Pre-GST and Post-GST regime.

Recommendation: Under the GST regime, Section 51 of the CGST Act, 2017 prescribes the authority and procedure for 'Tax Deduction at Source'. The Govt. may order the following persons (the deductor) to deduct tax at source: (a) A department or an establishment of the Central Govt. or State Govt.; or (b) Local authority; or (c) Govt.al agencies; or (d) Such persons or category of persons as may be notified by the Govt. on the recommendations of the Council. In pursuance to above, GoI vide notification No.33/2017-Central Tax dated 15-9-2017 has specified the authorities to deduct TDS which includes society also. However, the effective date will be notified subsequently.

Therefore as and when the notification for its implementation is issued in regards to TDS (GST), the same will be applicable to CSIR.

Point 3: Rate of GST (%), i.e., whether 18% or 12%.

Recommendation: As CSIR was established through a resolution of the then Department of Commerce, CSIR is covered under the definition of Govt. Entity as per the definition of Govt. Entity notified vide GoI Notification No.31/2017-Central Tax (Rate) dated 13-10-2017, subject to the condition as mentioned in the column 5 of the said notification.

Therefore, the rate of the tax for the items as notified vide notification No.31/2017-Central Tax (Rate) dated 13-10-2017 read along with Notification No.24/2017-Central Tax (Rate) amending the Notification No.11/2017-Central Tax (Rate) dated 28-6-2017 subject to the condition as mentioned in the column 5 of the said notification will be applicable.

Point 4: Methodology to be adopted to deal with the GST payment to be made by the contractors to GST department, and liability and role of the department (CSIR) to this effect so as to ensure that the GST amount is deposited to the GoI.

Recommendation: Since the GoI has now put in place a mechanism to track the various transactions through the mandate to file various GST returns, there is no need to follow any separate methodology to ensure that GST amount is deposited to GoI.

Point 5: Whether CS!R is considered Govt. entity or otherwise.

Recommendation: CSIR is covered under the definition of Govt. Entity as per the definition of Govt. Entity notified vide Go! notification No.31/2017-Central Tax (Rate) dated 13-10-2017 for the purpose specified and to the extent applicable in the said notification.

3. CSIR IPU

The advice on the matter of payment of Service Tax to the IP firms in the pre-GST and payment of GST in GST regime was obtained from M/s. RK Satija & Co., (Advocates & Solicitors). The draft report of M/s. RK Satija & Co.(Advocates & Solicitors) submitted to CSIR on the issue of GST states that CSIR is not liable to pay or reimburse GST paid by empanelled IP firms on the invoice amount of foreign associate (s). Also, CSIR being not a 'Business Entity' is also not liable to pay GST on the bill of empanelled Indian Attorneys. During the current financial year (till 30-9-2017) reimbursement of Rs.25.289 lakh on account of GST was claimed by various IP Finns along with their Debit Notes. However, IPU has cleared their bills (Debit Notes) after deducting the GST component which was kept separately under Budget Head "GDA R92" due to lack of legal clarity on this matter. In the draft report, the additional solicitor general has also advised CSIR for taking up this issue with the GST Council. Therefore, the following issues need clarification:

9

Point 1: Whether IPU is liable to reimburse the GST amount paid by IP firms on import of service i.e. service taken from foreign associate on behalf of CSIR IPU. If yes, IPU will reimburse Rs.25.289 lakh (withheld from past bills) to the respective IP firms.

Point 2: Whether CSIR IPU is liable to pay GST on empanelled Indian Attorneys bill (excluding amount of foreign associate's invoice raised directly to Indian attorneys). If yes, please clarify whether CSIR being service recipient has to pay the GST under Reverse Charge Mechanism?

Point 3: IPU is in process for fresh empanelment of Indian IP Firm/Foreign Associate and requested for "expression of interest" from interested firms. In this regard, kindly advise us on the applicability of GST on the bills of (i) Indian Attorneys and (ii) bills of foreign associates raising the invoice directly to IPU. Accordingly, IPU will incorporate the clause in tender being finalized.

Recommendation

(i) Gol Notification No.2/2018-Central Tax (Rate) dated 25-1-2018 amending S.No.45 of Notification No.12/2017-Central Tax (Rate) dated 28-6-2017 and GoI Notification No.2/2018 Integrated Tax (Rate) dated 25-1-2018 amending S.No.47 of Notification No.9/2017-Central Tax (Rate) dated 28-6-2017 states that "Services provided by a partnership firm of advocates or an individual as an advocate other than a senior advocate, by way of legal services to Central Govt., State Govt., UT, local authority, Govt. authority or Govt. Entity will be exempted. However, IPU will ascertain on its own, the nature of services rendered by the concerned firms. If need be, the opinion of Legal Adviser, CSIR may be obtained.

(ii) IP firms and foreign associates/agents provide variety of services to the IPU. GSTNotifications as issued from time to time have no mention of LP firms and related services. In this regard, IPU is required to ascertain the kind of services provided by IP firm/agents and whether all or some of these services are covered under the ambit of the legal services or otherwise as per above notification. The issue may be examined at the end of IPU and the matter may be referred to GST Council for clarification.

(iii) Legal Section was also advised to refer the pending issues of IPU to GST Council as already advised by additional solicitor general.

4. Other issues.

(i) The Committee also recommended that lab-wise data on GST payment may be obtained from all the CSIR Labs./Instts. to ascertain the amount which is being paid as GST. Committee also desired that all the recommendations of GST facilitation cell may be forwarded to all the labs for guidance on the GST issues.

(ii) Dr. Anjan Ray also raised the issue of applicability of GST on export of services. In this regard, it is stated that the provisions of Section 16 of the IGST Act 2017 will be applicable on export of services or goods. The export of services or goods under bond or Letter of Undertaking should be the preferable mode out of two available options in the Act.

The meeting ended with vote of thanks to the Chair.

[CSIR Lr. No.30-1(5)/2018-IFD dated 23-3-2018]

On-Time Submission of Proposals for Deputation Abroad

It has been observed that deputation proposals for foreign visit of Directors/ Scientists of CSIR and its Labs./Instts. are being received with short period of time for processing at CSIR HQs., due to which there is no time left for getting various approvals

10

i.e., Vigilance clearance, MEA Clearance, vetting from IFD, approvals from Competent Authority and issuance of sanction orders.

Competent Authority has taken a view that henceforth all proposals forwarded to CSIR-HQs., complete in all respects, for approval, should invariably be sent at least four weeks prior to the date of departure.

The proposals in respect to Foreign Nationals visiting India, complete in all respect, should also be forwarded to CSIR HQs. at least four weeks prior to the date of arrival.

[CSIR S&T Affairs Dte. Lr. No. No. 22/-3(CSIR HQs.)-2012-13 dated 21-3-2018]

Integrated Goods & Services Tax Act, 2017

GSR(E). In exercise of the powers conferred by sub-section (3) of section 5 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Govt. on the recommendations of the Council hereby notifies that on categories of supply of services mentioned in column (2) of the Table below, supplied by a person as specified in column (3) of the said Table, the whole of integrated tax leviable under section 5 of the said Integrated Goods and Services Tax Act, shall be paid on reverse charge basis by the recipient of the such services as specified in column (4) of the said Table.

S.No.

Category of Supply of Services Supplier of service

Recipient of service

1. Any service supplied by any person who is located in a non-taxable territory to any person other than non-taxable online recipient.

Any person located in a non-taxable territory.

Any person located in the taxable territory other than non-taxable online recipient.

2. Supply of Services by a Goods Transport Agency (GTA) in respect of transportation of goods by road to:

(a) Any factory registered under or governed by the Factories Act, 1948(63 of 1948); or

(b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; or

(c) any co-operative society established by or under any law; or

(d) any person registered under the Central Goods and Services Tax Act or the Integrated Goods and Services Tax Act or the

(e) anybody corporate established, by or under any law; or

(f) any partnership firm whether registered or not under any law including association of persons;

Goods Transport Agency

(a) Any factory registered under or governed by the Factories Act, 1948 (63 of 1948); or

(b) any society registered under the Societies Registration Act, 1860 (21 of 1860) or under any other law for the time being in force in any part of India; or (c) any co-operative society established by or under any law; or

(d) any person registered under the Central Goods and Services Tax Act or the Integrated “Goods and Services Tax Act or the State Goods & Services Tax Act or the Union Territory Goods & Services Tax Act; or

(e) any body-corporate

11

or

(g) any casual taxable person.

established, by or under any law; or

(f) any partnership firm whether registered or not under any law including association of persons; or

(g) any casual taxable person; located in the taxable territory.

3. Services supplied by an individual advocate including a senior advocate by way of representational services before any court, tribunal or authority, directly or indirectly, to any business entity located in the taxable territory, including where contract for provision of such service has been entered through another advocate or a firm of advocates, or by a firm of advocates, by way of legal services, to a business entity.

An individual advocate including a senior advocate or firm of advocates

Any business entity located in the taxable territory.

4. Services supplied by an arbitral tribunal to a business entity.

An arbitral tribunal.

Any business entity located in the taxable territory.

5. Services provided by way of sponsorship to any body-corporate or partnership firm.

Any person Any body-corporate or partnership firm located in the taxable territory.

6. Services supplied by the Central Govt., State Govt., Union Territory or local authority to a business entity excluding:

(1) renting of immovable property, and

(2) services specified below:

(i) services by the Department of Posts by way of Speed Post, Express Parcel Post, Life Insurance, and Agency services provided to a person other than Central Govt., State Govt., or Union Territory or local authority;

(ii) services in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport.

(iii) transport of goods or passengers

Central Govt., State Govt., Union Territory or local authority.

Any business entity located in the taxable territory.

7. Services supplied by a Director of a Company or a body-corporate to the said company or the body-

A Director of a company or a body-corporate.

The company or a body-corporate located in the taxable territory.

12

corporate8. Services supplied by an Insurance

Agent to any person carrying on Insurance business.

An Insurance Agent.

Any person carrying on Insurance business located in the taxable territory.

9. Services supplied by a recovery agent to a banking company or a financial institution or a non-banking financial company.

A recovery agent Any person carrying on Insurance business, located in the taxable territory.

10 Services supplied by a person located in non- taxable territory by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India.

A person located in non-taxable territory

Importer, as defined in clause (26) of section 2 of the Customs Act, 1962 (52 of 1962), located in the taxable territory.

11. Supply of services by an author, music composer, photographer, artist or the like by way of transfer or permitting the use or enjoyment of a copyright covered under clause (a) of sub-section (1) of section 13 of the Copyright Act, 1957 relating to original literary, dramatic, musical or artistic works to a publisher, music company, producer or the like.

Author or music composer, photographer, artist, or the like

Publisher, music company, producer or the like, located in the taxable territory.

Explanation. For purpose of this notification,-

(a) The person who pays or is liable to pay freight for the transportation of goods by road in goods carriage, located in the taxable territory shall be treated as the person who receives the service for the purpose of this notification.

(b) “Body Corporate” has the same meaning as assigned to it in clause (11) of section 2 of the Companies Act, 2013.

(c) The business entity located in the taxable territory who is litigant, applicant or petitioner, as the case may be, shall be treated as the person who receives the legal services for the purpose of this notification.

(d) The words and expressions used and not defined in this notification but defined in the Central Goods and Services Tax Act, the Integrated Goods and Services Tax Act, and the Union Territory Goods and Services Tax Act shall have the same meanings as assigned to them in those Acts. 2. This notification shall come into force on the 1st day of July, 2017. [F. No. 334/1/2017- TRU] (Ruchi Bisht) Under Secretary to the Govt. of India.

2. This Notification shall come into force on the 1st day of July, 2017.

[GoI MoF DoR Gazette Notification No.10/2017-Integrated Tax (Rate) dated 28-6-2017]

Interception of Conveyances for Inspection of Goods in Movement

Sub-section (1) of section 68 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as the “CGST Act”) stipulates that the person in charge of a conveyance carrying any consignment of goods of value exceeding a specified amount shall carry with him the documents and devices prescribed in this behalf. Sub-section (2) of the said section states that the details of documents required to be carried by the person in charge of the conveyance shall be validated in such manner as may be prescribed. Sub-section (3) of the said section provides that where any conveyance

13

referred to in sub-section (1) of the said section is intercepted by the proper Officer at any place, he may require the person in charge of the conveyance to produce the documents for verification, and the said person shall be liable to produce the documents and also allow the inspection of goods.

1.1 Rules 138 to 138D of the Central Goods and Services Tax Rules, 2017 (hereinafter referred to as the “CGST Rules”) lay down, in detail, the provisions relating to e-way bills. As per the said provisions, in case of transportation of goods by road, an e-way bill is required to be generated before the commencement of movement of the consignment. Rule 138A of the CGST rules prescribes that the person in charge of a conveyance shall carry the invoice or bill of supply or delivery challan, as the case may be; and in case of transportation of goods by road, he shall also carry a copy of the e-way bill in physical form or the e-way bill number in electronic form or mapped to a Radio Frequency Identification Device embedded on to the conveyance in such manner as may be notified by the Commissioner.

1.2 Section 129 of the CGST Act provides for detention, seizure and release of goods and conveyances in transit while section 130 of the CGST Act provides for the confiscation of goods or conveyances and imposition of penalty.

2. In this regard, various references have been received regarding the procedure to be followed in case of interception of conveyances for inspection of goods in movement and detention, seizure and release and confiscation of such goods and conveyances. In order to ensure uniformity in the implementation of the provisions of the CGST Act across all the field formations, the Board, in exercise of the powers conferred under section 168 (1) of the CGST Act, hereby issues the following instructions:

(a) The jurisdictional Commissioner or an Officer authorised by him for this purpose shall, by an order, designate an Officer/Officers as the proper Officer/Officers to conduct interception and inspection of conveyances and goods in the jurisdictional area specified in such order.

(b) The proper Officer, empowered to intercept and inspect a conveyance, may intercept any conveyance for verification of documents and/or inspection of goods. On being intercepted, the person in charge of the conveyance shall produce the documents related to the goods and the conveyance. The proper Officer shall verify such documents and where, prima facie, no discrepancies are found, the conveyance shall be allowed to move further. An e-way bill number may be available with the person in charge of the conveyance or in the form of a printout, sms or it may be written on an invoice. All these forms of having an e-way bill are valid. Wherever a facility exists to verify the e-way bill electronically, the same shall be so verified, either by logging on to http://mis.ewaybillgst.gov.in or the Mobile App or through SMS by sending EWBVER <EWB_NO> to the mobile number 77382 99899 (For e.g., EWBVER 120100231897).

(c) For the purposes of verification of the e-way bill, interception and inspection of the conveyance and/or goods, the proper Officer under rule 138B of the CGST Rules shall be the Officer who has been assigned the functions under sub-section (3) of section 68 of the CGST Act vide Circular No. 3/3/2017 – GST, dated 5-7-2017.

(d) Where the person in charge of the conveyance fails to produce any prescribed document or where the proper Officer intends to undertake an inspection, he shall record a statement of the person in charge of the conveyance in Form GST MOV-01. In addition, the proper Officer shall issue an order for physical verification/inspection of the conveyance, goods and documents in Form GST MOV-02, requiring the person in charge of the conveyance to station the conveyance at the place mentioned in such order and allow the inspection of the goods. The proper Officer shall, within twenty four hours of the aforementioned

14

issuance of Form GST MOV-02, prepare a report in Part A of Form GST EWB-03 and upload the same on the common portal.

(e) Within a period of three working days from the date of issue of the order in Form GST MOV-02, the proper Officer shall conclude the inspection proceedings, either by himself or through any other proper Officer authorised in this behalf. Where circumstances warrant such time to be extended, he shall obtain a written permission in Form GST MOV-03 from the Commissioner or an Officer authorized by him, for extension of time beyond three working days and a copy of the order of extension shall be served on the person in charge of the conveyance.

(f) On completion of the physical verification/inspection of the conveyance and the goods in movement, the proper Officer shall prepare a report of such physical verification in Form GST MOV-04 and serve a copy of the said report to the person in charge of the goods and conveyance. The proper Officer shall also record, on the common portal, the final report of the inspection in Part B of Form GST EWB-03 within three days of such physical verification/inspection.

(g) Where no discrepancies are found after the inspection of the goods and conveyance, the proper Officer shall issue forthwith a release order in FORM GST MOV-05 and allow the conveyance to move further. Where the proper Officer is of the opinion that the goods and conveyance need to be detained under section 129 of the CGST Act, he shall issue an order of detention in Form GST MOV-06 and a notice in Form GST MOV-07 in accordance with the provisions of sub-section (3) of section 129 of the CGST Act, specifying the tax and penalty payable. The said notice shall be served on the person in charge of the conveyance.

(h) Where the owner of the goods or any person authorized by him comes forward to make the payment of tax and penalty as applicable under clause (a) of sub-section (1) of section 129 of the CGST Act, or where the owner of the goods does not come forward to make the payment of tax and penalty as applicable under clause (b) of sub-section (1) of the said section, the proper Officer shall, after the amount of tax and penalty has been paid in accordance with the provisions of the CGST Act and the CGST Rules, release the goods and conveyance by an order in Form GST MOV-05. Further, the order in Form GST MOV-09 shall be uploaded on the common portal and the demand accruing from the proceedings shall be added in the electronic liability register and the payment made shall be credited to such electronic liability register by debiting the electronic cash ledger or the electronic credit ledger of the concerned person in accordance with the provisions of section 49 of the CGST Act.

(i) Where the owner of the goods, or the person authorized by him, or any person other than the owner of the goods comes forward to get the goods and the conveyance released by furnishing a security under clause (c) of sub-section (1) of section 129 of the CGST Act, the goods and the conveyance shall be released, by an order in Form GST MOV-05, after obtaining a bond in Form GST MOV-08 along with a security in the form of bank guarantee equal to the amount payable under clause (a) or clause (b) of sub-section (1) of section 129 of the CGST Act. The finalisation of the proceedings under section 129 of the CGST Act shall be taken up on priority by the Officer concerned and the security provided may be adjusted against the demand arising from such proceedings.

(j) Where any objections are filed against the proposed amount of tax and penalty payable, the proper Officer shall consider such objections and thereafter, pass a speaking order in Form GST MOV-09, quantifying the tax and penalty payable. On payment of such tax and penalty, the goods and conveyance shall be released forthwith by an order in Form GST MOV-05. The order in Form GST MOV-09 shall be uploaded on the common portal and the demand accruing from the order shall be added in the electronic liability register and, upon payment of the demand, such register shall be credited by either debiting the electronic cash ledger or the

15

electronic credit ledger of the concerned person in accordance with the provisions of section 49 of the CGST Act.

(k) In case the proposed tax and penalty are not paid within seven days from the date of the issue of the order of detention in Form GST MOV-06, action under section 130 of the CGST Act shall be initiated by serving a notice in Form GST MOV-10, proposing confiscation of the goods and conveyance and imposition of penalty.

(l) Where the proper Officer is of the opinion that such movement of goods is being effected to evade payment of tax, he may directly invoke section 130 of the CGST Act by issuing a notice proposing to confiscate the goods and conveyance in Form GST MOV-10. In the said notice, the quantum of tax and penalty leviable under section 130 of the CGST Act read with section 122 of the CGST Act, and the fine in lieu of confiscation leviable under sub-section (2) of section 130 of the CGST Act shall be specified. Where the conveyance is used for the carriage of goods or passengers for hire, the owner of the conveyance shall also be issued a notice under the third proviso to sub-section (2) of section 130 of the CGST Act, proposing to impose a fine equal to the tax payable on the goods being transported in lieu of confiscation of the conveyance.

(m) No order for confiscation of goods or conveyance, or for imposition of penalty, shall be issued without giving the person an opportunity of being heard.

(n) An order of confiscation of goods shall be passed in Form GST MOV-11, after taking into consideration the objections filed by the person in charge of the goods (owner or his representative), and the same shall be served on the person concerned. Once the order of confiscation is passed, the title of such goods shall stand transferred to the Central Govt. In the said order, a suitable time not exceeding three months shall be offered to make the payment of tax, penalty and fine imposed in lieu of confiscation and get the goods released. The order in Form GST MOV-11 shall be uploaded on the common portal and the demand accruing from the order shall be added in the electronic liability register and, upon payment of the demand, such register shall be credited by either debiting the electronic cash ledger or the electronic credit ledger of the concerned person in accordance with the provisions of section 49 of the CGST Act. Once an order of confiscation of goods is passed in Form GST MOV-11, the order in Form GST MOV-09 passed earlier with respect to the said goods shall be withdrawn.

(o) An order of confiscation of conveyance shall be passed in Form GST MOV-11, after taking into consideration the objections filed by the person in charge of the conveyance and the same shall be served on the person concerned. Once the order of confiscation is passed, the title of such conveyance shall stand transferred to the Central Govt. In the order passed above, a suitable time not exceeding three months shall be offered to make the payment of penalty and fines imposed in lieu of confiscation and get the conveyance released. The order in Form GST MOV-11 shall be uploaded on the common portal and the demand accruing from the order shall be added in the electronic liability register and, upon payment of the demand, such register shall be credited by either debiting the electronic cash ledger or the electronic credit ledger of the concerned person in accordance with the provisions of section 49 of the CGST Act.

(p) The order referred to in clauses (n) and (o) above may be passed as a common order in the said FORM GST MOV-11.

(q) In case neither the owner of the goods nor any person other than the owner of the goods comes forward to make the payment of tax, penalty and fine imposed and get the goods or conveyance released within the time specified in Form GST MOV-11, the proper Officer shall auction the goods and/or conveyance by a public auction and remit the sale proceeds to the account of the Central Govt..

16

(r) Suitable modifications in the time allowed for the service of notice or order for auction or disposal shall be done in case of perishable and/or hazardous goods.

(s) Whenever an order or proceedings under the CGST Act is passed by the proper Officer, a corresponding order or proceedings shall be passed by him under the respective State or Union Territory GST Act and if applicable, under the Goods and Services Tax (Compensations to States) Act, 2017. Further, sub-sections (3) and (4) of section 79 of the CGST Act/respective State GST Acts may be referred to in case of recovery of arrears of Central tax/State tax/Union Territory tax.

(t) The procedure narrated above shall be applicable mutatis mutandis for an order or proceeding under the IGST Act, 2017.

(u) Demand of any tax, penalty, fine or other charges shall be added in the electronic liability ledger of the person concerned. Where no electronic liability ledger is available in case of an unregistered person, a temporary ID shall be created by the proper Officer on the common portal and the liability shall be created therein. He shall also credit the payments made towards such demands of tax, penalty or fine and other charges by debiting the electronic cash ledger of the concerned person.

(v) A summary of every order in Form GST MOV-09 and Form GST MOV-11 shall be uploaded electronically in Form GST-DRC-07 on the common portal.

3. The format of Form GST MOV-01 to GST MOV-11 are annexed to this Circular.

4. It is requested that suitable standing orders and trade notices may be issued to publicise the contents of this Circular.

5. Difficulties, if any, in implementation of the above instructions may be brought to the notice of the Board at an early date. Hindi version will follow.

[GoI MoF DoR CBIT&C Circular No. 41/15/2018-GST; Lr. No. CBEC-20/16/03/2017-GST dated 13-4-2018]

Exercising Utmost Care while Publishing Research Outputs

It has come to notice that from a CSIR Lab./Instt., a research paper had been got published in two different journals, due to lack of exercising utmost care and due diligence by its corresponding author in the CSIR Lab./Instt., which resulted in retraction of the paper from the second journal.

The matter has been viewed seriously by the Competent Authority. Such acts of plagiarism and intellectual impropriety reflect adversely as scientific fraud and bring disrepute to the organization and the Govt.

It is therefore, mandated by the Competent Authority, that all Scientific and Technical (S&T) staff of CSIR should take utmost care while publishing their research outputs.

[CSIR Lr. No.45(25)/2016-Vig. dated April, 2018]

Grant of Notional Increment on Next Day to Retirement Date on Completion of One Full Year of Service

IN THE HIGH COURT OF JUDICATURE AT MADRASDated: 16-8-2017

CORAMTHE HON’BLE MR.JUSTICE S.M.SUBRAMANIAM

17

W.P.No.15107/2016 & WMP.No.13159/2016S. Srinivasan .. Petitioner

Vs1. The Principal Secretary to Govt., Finance [CMPC] Department, Fort St George,

Chennai 600 009. 2. The Pension Pay Officer, College Road, Chennai 600006. .. Respondents

Payer

Petition filed Under Article 226 of the Constitution of India to issue of Writ of Certiorarified mandamus, to call for the records of the 1st respondent relating to G.O.Ms. No.11, Finance [CMPC] Department, dated 31-12-2014 and to quash the same insofar as it restricts the grant of notional increment purely for the purpose of pensionary benefit in case of Govt. servant who retires on 31st March, 30th June, 30th September and 31st December, prospectively and consequently direct the respondents to grant the notional increment to the petitioner, who retired on 31st March 1986, fix the purpose of pensionary benefits and for payment of arrears together with interest.

For Petitioner: Mr. S. BaskaranFor Respondents: Mr. S. Gunasekaran, AGP

Order

In the present writ petition, the relief sought for is to quash G.O.Ms.No.311 Finance (CMPC) Department dated 31.12.2014, in respect of grant of annual increment.

2. The learned counsel appearing for the writ petitioner contended that the grant of annual increment was adjudicated before this Court as well as before the Hon’ble Supreme Court. After adjudication of this issue, the Govt. accepted the legal proposition and referred the matter to the Pay Grievance Redressal Cell constituted by the Govt. on 10th April 2012 in G.O.Ms. No.123, Finance Department. The Pay Grievance Redressal Cell has recommended that when the date of increment of a Govt. Servant falls due on the day following superannuation on completion of one full year of service, such service may be considered for the benefit of a notional increment purely for the purpose of pensionary benefits and not for any other purpose. Such concession may be made applicable prospectively.

3. Accepting the recommendations made by the Pay Grievance Redressal Cell, the Govt. issued G.O.Ms.No.311 Finance (CMPC) Department dated 31-12-2014. In the said G.O., the Govt. in paragraph Nos. 3 & 4, has ordered as follows:

“3. After careful consideration, the Govt. have decided to accept the above recommendation of Pay Grievance Redressal Cell. Accordingly, the Govt. direct that a Govt. Servant whose increment falls due on the day following superannuation, on completion of one full year of service which are countable for increment under Fundamental Rule 26, be sanctioned with one notional increment at the rate as described under rule 6 of Tamil Nadu Revised Scales of Pay Rules, 2009, purely for the purpose of pensionary benefits and not for any other purpose. The above concession of sanction of notional increment shall take prospective effect from the date of issue of this order.”

4. Necessary amendment to the Fundamental Rules shall be issued by Personnel and Administrative Reforms Department separately.”

4. The learned counsel appearing for the petitioner contended that the rights of the writ petitioner for annual increment is accepted and ensured by the Govt. in G.O.Ms.No.311 Finance (CMPC) Department dated 31-12-2014.

5. When the grant of annual increment is ensured by the Govt., such a concession cannot be denied to the pensioners who retired prior to 31-12-2014. Further, it is stated that the G.O., does not fix any cut-off date of retirement and as per the G.O., all the State

18

Pensioners who fall in this category are eligible to get their respective annual increments, in the event of fulfilling the conditions stipulated in the said G.O.Ms. No.311.

6. In the absence of any cut-off date in G.O.Ms. No.311, all the pensioners are to be treated as homogeneous class and who ever falls in the category of serving one year and retiring next date of the crucial date for grant of annual increment are entitled for the benefits notionally with effect from the date of retirement and the actual benefits to be paid prospectively from the date of issue of G.O.Ms. No.311 dated 31-12-2014.

7. The learned counsel further taken this Court to paragraph No.8 of the counter affidavit filed by the respondents in WP.No.36386/2016, etc., batch, which reads as follows:

8. It is submitted that in Govt. Letter No.5085/CMPC/2015-1, Finance Department, dated 1-6-2015, it has been clarified that the benefit ordered in G.O.Ms. No.311, Finance (CMPC) Department, dated 3-12-2014, shall be taken into account for calculating the terminal leave salary as the same is also a retirement benefit. Further, it is submitted that in continuation of the above clarification in Govt. letter No.52367/CMPC/2015-1, Finance Department dated 21-9-2015, it has been clarified that the benefit of notional increment sanctioned in the G.O.Ms. No.311 Finance (CMPC) Department, dated 31-12-2014, shall take prospective effect from the date of issue of the order i.e. 31-12-2014 only and the employees whose increment falls due on completing one year of service on the day following superannuation and retired prior to 31-12-2014 are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits.

“8. Though the last line of the counter states that the persons retired prior to 31-12-2014, are not entitled for the benefit of sanction of notional increment for the purpose of pensionary benefits, the same is not supported by the Govt. Order issued in G.O.Ms. No.311. What is not contemplated in G.O.Ms. No.311, cannot be substituted by the respondents through their counter affidavit. Going by the spirit of G.O.Ms. No.311, it is clear that prospective effect can be given only for the purpose of disbursing the monetary benefits and in respect of the eligibility, there is no cut-off date prescribed in the said Govt. Order. This Court is of the firm view that counter-affidavit cannot improve the contents of the Govt. Order issued in G.O.Ms. No.311, since no cut-off date or otherwise is contemplated in the said Govt. Order. Thus, the respondents cannot substitute by prescribing that the persons retired prior to 31-12-2014, are not entitled for the benefit of sanction of notional increment.”

9. The very sanction of increment was granted in accordance with the Fundamental Rules. Once the benefit is granted based on the Fundamental Rules, the increment granted to employees retired after 31-12-2014, cannot be denied to employees retired prior to 31-12-2014. This apart, the date of 31-12-2014, is only an acceptance of the grant of increment to the employees in G.O.Ms.No.311. Thus, there is no sanctity or relevance in respect of adopting the date of 31-12-2014, with regard to the eligibility of employees to draw their increment otherwise in accordance with the Fundamental Rules.

10. The very concept of increment is that on completion of one year of satisfactory service, an employee is eligible to draw the increment. Such being the concept, the date of retirement, as stated in the counter, i.e., 31-12-2014, has no nexus or object sought to be achieved. Since such a date is not contemplated in the Govt. Order, the statement made in the counter, cannot be considered by this Court. Accordingly, all the employees, who retired prior or after 31-12-2014, are eligible to draw their notional increment for the purpose of pensionary benefits and the disbursement of monetary benefit shall be given only w.e.f. 31-12-2014.

11. Thus, the writ petitioner’s claim for grant of annual increments notionally with effect from the date of retirement and actual monetary benefits with effect from the date of G.O.Ms. No.311, is justifiable. Nowhere in the counter statement, more specifically in paragraph No.8, the Govt. did not deny the benefit to the State pensioners. Contrarily, it

19

is stated that some Officials of the Department were restricting the claim by wrongly interpreting G.O.Ms. No.311, as if it is applicable only to the employees who retired after 31-12-2014, which is incorrect.

12. The purport of the G.O., is to grant benefits in accordance with the Fundamental Rules and the Govt. in G.O.Ms. No.311, further issued directions to carry out necessary amendment to the Fundamental Rules in this regard. Such being the factum of the case, the claim with regard to the grant of annual increments for the retirees prior to and after G.O.Ms. No.311 dated 31-12-2014, is to be affirmed by the State.

13. The learned Additional Govt. Pleader also fairly submitted that there is no cut-off date fixed in G.O.Ms. No.311. The Govt. has already extended the benefit of annual increment as interpreted by the Pay Grievance Redressal Cell and the recommendation of the Redressal Cell was also accepted by the Govt. and G.O.Ms. No.311 was issued. Thus, the eligibility of the writ petitioner in respect of the annual increments cannot be denied. Further, the date of retirement is not prescribed as a cut-off date in the G.O., regarding eligibility.

14. The learned Addl. Govt. Pleader further contended that based on G.O.Ms. No.311 dated 31-12-2014, the writ petitioner is eligible in the event of fulfilling the conditions stipulated in G.O.Ms. No.311. However, the eligibility of the respective writ petitioner is to be found based on his service records and the particulars therein.

15. In this view of the matter, the claim set out in this writ petition deserve consideration. Quashing of G.O.Ms. No.311 does not arise at all, in view of the fact that there no cut-off date is fixed in the said G.O. and only monetary benefits alone is directed to be paid prospectively, with effect from 31-12-2014, i.e., the date of the G.O.

16. Accordingly, if the writ petitioner falls in the category as stipulated in G.O.Ms. No.311 Finance (CMPC) Department dated 31-12-2014, he is eligible to get his annual increments, notionally with effect from the date of retirement and the monetary benefits will be granted w.e.f. 31-12-2014, the date of G.O.Ms. No.311 Finance (CMPC) Department. With this clarification, the respondents and the competent authorities are directed to implement G.O.Ms. No.311 Finance (CMPC) Department dated 31-12-2014, by granting the benefit of annual increments by verifying the respective Service Records of the writ petitioners and pay the monetary benefits prospectively w.e.f. 31-12-2014.

With this direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[High Court of Judicature at Madras Order in WP No.15107/2016 & WMP No.13159/2016 dated 16-8-2017]

Amendment to CSIR Administrative Services (Recruitment & Promotion) Rules, 1982 – Private Secretary

The Governing Body, CSIR at its 189th meeting held on 21-11-2017 considered amendment to Part-III, Section –II (1) (i) of CSIR ASRP Rules, 1982 and approved amendment to recruitment rules for the post of Private Secretary, as under:

Existing Rule [Part-III, Section-II (1) (ii)]

Amended Rule [Part-III, Section-II (1) (ii)]

(ii) 25% on the basis of departmental competitive test, as per scheme of examination notified vide CSIR letter No. 33(84)/4/2001-E.I dated 15-10-2001, from amongst the Senior Stenographers who have a University Degree in any discipline with 3 (three)

(ii) 25% on the basis of departmental competitive test from amongst the Senior Stenographers who have a University Degree in any discipline with 3 (three) years approved service

20

years approved service.

[CSIR Lr. No.3-33(113)/2017-E.I dated 4-4-2018]

Director’s Nominee to the Screening Committee Constituted under Rule 6.5.2 of CSRAP Rules

This has reference to DO letter No. NBRI/D/2018/845 dated 15-3-2018 on the subject cited above and to clarify that the “Screening Committee” constituted under rule 6.5.2 of CSRAP Rules, 2001 is a technical/expert Committee whose duty is to shortlist the applicants to a more manageable number (particularly where the number of applicants is very large) so that they can be called for interview for selection by the Selection Committee. Rule 6.5.2 of the CSRAP Rules, 2001 does not put a bar on Director to nominate a member as his nominee in the Selection Committee from any organization/Institutions outside CSIR provided the reasons for inclusion of such an Expert from an organization/institution outside CSIR are duly recorded.

[Ref: CSIR RAB Lr. No.1-1(4)/2013-14-RAB dated 9-4-2018]

Public Grievances and CPGRAMS taken up by the PMO on 5-3-2018

The PMO in a meeting held on 5-3-2018 had indicated that the following specific points may also be incorporated in the Standard Operating Procedures by Department of Administrative Reforms & Public Grievances for strict compliance of the concerned Ministry/Department/Organizations/States which are as under:

a) The Nodal Officers in the concerned Ministries/Departments/Organizations/States to strictly monitor the disposal of petitions, especially the quality aspects of Disposal.

b) The reply to the petitioner must be uploaded on the system

c) Repeat petitions in respect of unsatisfactory redressal may be looked at more closely and a speaking reply may be furnished in such cases.

d) It is observed that sometimes the petitions are forwarded to the same Officer against whom the complaint has been made, e.g., Complaint of corruption against manager of a Bank Branch is sent to the same Officer and the case is disposed off only on the basis of statements of the Officer against whom the complaint has been made. All such complaints should be handed independently.

e) The Ministries/Departments/Organizations/State Govts. Being Nodal need to rigorously pursue with their respective Subordinate Organizations to ensure timely and quality disposal of petitions logged in the system.

[GoI MoPPG&P DoAR&PG O.M. No.S-15/11/2018-PG(States)(e-Office No.5685) dated 5-4-2018]

Appointment of OBCs under Direct Recruitment on Own Merit

Hon’ble Supreme Court in its judgement in the case of R.K. Sabharwal vs. State of Punjab, had, inter alia observed that “the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation.

21

2. As per instructions issued vide the DoP&T O.M. No.36012/2/96-Estt.(Res.) dated 2-7-1997, in Direct Recruitments to Central Govt. jobs and services, the reserve category candidates who are selected on the same standard as applied to general candidates will not be adjusted against reserved vacancies. As per instructions issued vide DoP&T O.M. No.36011/1/98-Estt.(Res.) dated 1-7-1998, only when a relaxed standard is applied in selecting a reserved candidates, for example in the age limit, experience, qualification, permitted number of chances in written examination, etc., such candidates will be counted against reserved vacancies.

3. It has been brought to the notice of the DoP&T by the Hon’ble Parliamentary Committee on Welfare of OBCs that these instructions are not being followed in some cases in Direct Recruitments to Central Govt. jobs and services. It is, therefore, reiterated that while making Direct Recruitments, guidelines issued vide the DoP&T O.M. dated 2-7-1997 and dated 1-7-1998 may be kept in view by all concerned.

[GoI MoPPG&P DoP&T O.M. No.43011/4/2018-Estt.(Res.) dated 4-4-2018]

Revision of the Rates of Night Duty Allowance

Please refer to Railway Board’s letter No.E(P&A)II-2008/HW-2 dated 16-12-2008 (RBE No.199/2008) as amended from time to time regarding revision of rates of Night Duty Allowance (NDA) during 6th CPC period.

2. Consequent upon the decision taken by the GoI on the recommendations of the 7th CPC, the President is pleased to decide that the hourly rate of NDA shall be equal to [(Basic Pay + Dearness Allowance)/200] which would be admissible to eligible categories of non-gazetted Railway Servants classified under Chapter XIV of the Railway Act, 1989 read with the Railway Servants (Hours of Work and Period of Rest) Rules, 2005 for work put in during the period from 22.00 hrs to 06.00 hrs. The rate should be worked out separately for each employee. The present formulation of weightage of 10 minutes for every hour of duty performed between hours 22.00 and 06.00 would continue.

3. The grant of the NDA shall be subject to furnishing of a Certificate by Supervisor concerned that Night Duty is essential.

4. The revised rates of the NDA shall be admissible w.e.f. 1-7-2017.

[GoI MoR (RB) No.E(F&A)II-2017/HW-I dated 8-3-2018]

Furnishing Copies of Photographs while Uploading Pension Forms

As per CCS (Pension) Rules, 1972, the Central Govt. Civil Pensioner is required to submit - (a) Three copies of joint photograph (or separate photographs) with wife or husband (duly attested by Head of Office); (b) Three copies of passport size photograph of disabled child/siblings/dependent parents, if applicable (duly attested by Head of Office) along with Form 5 of CCS (Pension) Rules, 1972 for affixing on Pension Payment Order. Further, after 1-1-2017, the Central Govt. Civil Pensioners are required to submit the pension forms through Bhavishya, i.e., online pension sanction and payment tracking system.

2. The following guidelines should be strictly followed while filling up/uploading the pension forms in Bhavishya. Details of Dos and Don’ts concerning photographs are as under:

Dos and Don’ts concerning Photographs to be submitted with Pension Forms

22

DOs

Paste/upload joint photograph (or separate photographs) in colour in the box meant for affixing/uploading the photograph

Single photograph 4.5 cm height x 3.5 cm width Digital photograph (single) *Size Type 70 kb JPEG/JPGIPNG Joint photograph 4.5 cm height x 7 cm width Digital photograph (Joint) Size Type 70 kb JPEG/JPGIPNG Signature - Digital Signature - 2 cm height x 6 cm width Size Type - 70 kb JPEG/JPGIPNG - Maximum Size Signature must be in Blue/Black colour and clearly visible. Background of the photograph should be plain white and the dress should be in

dark colour. Photograph should fit within the given box

DON'Ts

Do not paste/upload black and white photographs. Dimensions of photographs and signature should not be smaller than the box

provided for the application form. Photograph should not be in the form of a selfie. Photograph with dark background or in uniform, or with eyes hidden under

coloured or dark glasses will not be accepted. Photograph in computer print will not be accepted. Frontal view of the full face should be visible Photograph is NOT to be signed the photograph. Photograph should be clear and with a continuous-tone quality Eyes must not be covered by hair. Glare on eyeglasses should be avoided with a slight upward or downward tilt of

the head.

[GoI MoPPG&P DoP&PW O.M. F.No.41l3/20l8-P&PW(D) dated 6-4-2018]

Procedure for Treatment at CGHS Empanelled Private Hospitals

With reference to the above mentioned subject the undersigned is directed to state that this Ministry has been receiving representations for simplification of procedure for undergoing treatment at private hospitals empanelled under CGHS. The matter has been examined and it has now been decided that CGHS beneficiaries are allowed to undergo treatment at private hospitals empanelled under CGHS of specific treatment procedures listed under CGHS rate list are advised by a Specialist in a Central Govt./State Govt. Specialist hospital or a CGHS Medical Officer without any requirement of any other referral (permission) letter.

2. Private empanelled hospitals shall perform the treatment on cashless basis in respect of pensioners, ex-MPs, Freedom Fighters, Regular employees (both CGHS and CS (MA) beneficiaries) of this Ministry and other categories of CGHS beneficiaries, who are presently eligible for credit facility and shall enclose the prescription issued by Govt. Specialist or a CGHS Medical Officer, in original (or a self-attested photocopy) along with the hospital bill submitted to the competent authority.

3. Serving Govt. employees shall enclose the prescription issued by a Govt. Specialist or a CGHS Medical Officer in original (or a self-attested photocopy), while submitting the medical claim to the concerned Ministry/ Department/Office for reimbursement.

23

4. CGHS Medical Officer/Govt. Specialist shall not refer the beneficiaries to any particular empanelled hospital by name but, shall specify the treatment procedure and mention ‘referred to any CGHS empanelled centre’.

5. These orders are applicable only in respect of treatment procedures for which CGHS rates are available.

6. This issue with the concurrence of IFD vide FTS No.3130849, dated 9-11-2017.

[GoI MoH&FW DoH&FW O.M. No.Z.15025/105/2017/DIR/CGHS/EHS dated 9-11-2017]

Post-Tender Negotiations in r/o of Projects Funded by World Bank, etc.

This has reference to CVC’s Circular No. 8(1)(h)198(1) dated 18-11-1998, 3(V)19919 dated 1-10-1999 and 98/ORD/001 dated 28-10-2011. References have been received seeking clarifications on the applicability of Commission's guidelines to projects funded by the World Bank and other International Funding Agencies like IMF, ADB, etc.

2. The Commission vide its Circular No. 3(V)/99/9 dated 1-10-1999 has prescribed the following:

The Commission's instruction dated 18-11-1998 (on post tender negotiations) would not be applicable to the World Bank Projects and other international funding agencies, such as IMF, ADB, etc. However, the instructions of Central Vigilance Commission would be binding on purchases/sales made by the department within the country. The CVC’s instructions dated 18-11-1998 would however, apply if purchase/ sales are within the budget provisions and normal operations of the department/ organisation even though the purchases/sales are made from sources outside the country.

Subsequently, a clarification issued vide CVC Circular No.98/ORD/001 dated 28-10-2011 provided the following:

"It is clarified that the Commission's guidelines would not be applicable in projects funded by the World Bank, ADB, etc., if found to be in conflict with the applicable procurement rules of the funding agencies."

4. The matter has been examined in the light of Commission's circular Nos. 8(1)(h)/98(1) dated 18-11-1998, No.3(v)/99/9 dated 1-10-1999 and No.98/ORD/001 dated 28-10-2011. Apparently, funds from International Agencies like World Bank, IMF, ADB or other multilateral agencies are available by way of grants-in-aids or as loans. In the former category of funding, there is no liability on the Govt. of India to repay such funded amounts. In the latter category of funds received by way of loans, with or without interest, ultimately the GoI as the receiving agency has to repay the loans so received. Thus, there is a need to distinguish between these two categories of funding options. If any of the International Agencies while granting aid prescribes certain terms and conditions which are contrary to the existing guidelines of the Govt. (GFR) or of the Commission relating to the process of procurement/tendering to be adopted, determination of the qualifications, negotiations, other terms and conditions, etc., where the funding is by way of grants-in-aid with no obligation to repay such amounts, the agency receiving the fund may accept such conditions as the International Agency may lay down. However, where such funding is by way of a loan with or without interest and there is a liability on the Govt. and/or the recipient agency to repay the money in due course, it is essential that prudent norms on making the procurements at best possible rates in a transparent, competitive environment providing opportunity to all eligible and willing bidders, the guidelines/instructions of the CVC in regard to qualification, criteria, terms and conditions of procurement, negotiations, etc. will have to be followed keeping in view the best interest of transparency, accountability and efficiency.

24

5. It is clarified that any project funding originating from the Consolidated Fund of India, wholly or partially, must be subject to the GoI and Commission's guidelines for expenditure of public money and the same condition may be stipulated while negotiating terms with external funding agencies.

Furthermore, any project funding involving future outflows of public money may also be subject to the same guidelines.

[GoI CVC Circular No.01/04/18 dated 6-4-2018]

Revised Instructions on Deputation/Foreign Service of Officers of CSS

Reference is invited to this O.M. No.2/2/2010-CS-I dated 18-8-2010 on the subject noted above.

2. In respect of deputation by a CSS Officer, para 2.2 of the DoP&T O.M. dated 18-8-2010 states as under:

“A CSS Officer shall eligible for Deputation/Foreign service to any post in Central

or State Govt., Central/State Govt. organizations/Govt. of UTs/Govt. of UTs organizations/Autonomous Bodies/Trusts, Societies, PSUs, etc., only after he/she has completed 9 years of Service and is clear from the vigilance angle. The 9 years of service clause, however, will not apply to posting in the personal staff of Ministries.

3. It is reiterated that above clause is still in force and all the Ministries/ Departments are, therefore, requested to take note of the above clause while forwarding the application of CSS Officers for deputation posts.

[GoI MoPPG&P DoP&T O.M. F.No.7/10/2016-CS-I(A) dated 13-4-2018; www.govtempdiary.com]

Proceeding Abroad during Child Care Leave

The undersigned is directed to refer to DoP&T O.M. No. 21011/08/2013-Estt.(AL) dated 25-3-2013 and to say that references have been received with regard to leaving Head Quarters/Station while on CCL and availing LTC during CCL. 2. In this regard, it is has now been decided that:

(i) An employee on CCL may be permitted to leave HQs. with the prior approval of appropriate competent authority.

(ii) LTC may be availed while an employee is on CCL.

(iii) An employee on CCL may proceed on foreign travel provided clearances from appropriate competent authorities are taken in advance.

[GoI MoPPG&P DoP&T O.M. No. 13018/6/2013-Estt(L) dated 3-4-2018; www.govtempdiary.com]

Revision of Provisional Pension Sanctioned under Rule 69 of CCS (Pension) Rules, 1972

In implementation of the decision taken on the recommendations of the 7th CPC,

orders were issued vide the DoP&T O.M. No. 38/37/2016-P&PW(A)(ii) dated 4-8-2016 for revision of pension of pre-2016 pensioners/family pensioners w.e.f. 1-1-2016 by multiplying the pre-revised pension/family pension by a factor of 2.57. Subsequently, vide O.M. No.38/37/2016-P&PW(A) dated 12-5-2017, it has been decided that the

25

pension/family pension of all Central civil pensioners/Family pensioners, who retired/dial prior to 1-1-2016, may be revised w.e.f. 1-1-2016 by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/died.

2. Instructions were issued vide the DoP&T O.M. No.38/49/16-P&PW(A) dated 30-11-2016 for extending the benefit of O.M. dated 4-8-2016 to the following categories of pensioners drawing provisional pension under Rule-69 of the CCS (Pension) Rules, 1972:

(i) Retired before 1-1-2016 and sanctioned provisional pension under Rule-69 of the CCS (Pension) Rules, 1972 on account of departmental/judicial proceedings or suspension.

(ii) Suspended before 1-1-2016 and sanctioned provisional pension, based on their pre-revised pay under Rule-69 of the CCS (Pension) Rules on retirement on or after 1-1-2016.

3. It has now been decided that provisional pension sanctioned in the above cases may be revised’ w.e.f. 1-1-2016 in accordance with the instructions contained in the DoP&T O.M. No.38/37/2016-P&PW(A) dated 12-5-2017. Higher of the two formulations, i.e., O.M. dated 4-8-2016 or O.M. dated 12-5-2017 would he the revised provisional pension 1-1-2016 in such cases.

4. This issues with the approval of MoF, DoE ID No.1(21)/E-V/2016 dated 15-1-2018.

[GoI MoPPG&P DoP&T O.M. No.38/49/16-P&PW(A) dated 12-2-2018; www.govtempdiary.com]

Relaxation of Marks under the term of “Good Academic Record” of UGC

In continuation of UGC Office letter No.F.3-1/2000(PS)P/H dated 17-10-2002 vide which the relaxation of 5% (from 55% to 50% of marks at the Master’s level to the Physically and visually handicapped persons for appointment as Lecturer in the Universities and Colleges was provided by the Commission at its meeting held on 24-2-2009. The Commission resolved as under:

“The Commission approved the relaxation of 5% (i.e., from 55% to 50%) marks at Master’s level and 5% relaxation at Graduate level under the term of “Good Academic Record” at par with SC/ST candidates to the physically and visually handicapped candidates for appointment as Principal, Professor, Reader, Lecturer, Registrar, Dy. Registrar, Assistant Registrar, Librarian, Dy. Librarian, Assistant Librarian, College Librarian, Director of Physical Education & Sports, Dy. Director of Physical Education & Sports, Assistant Director of Physical Education & Sports and College Director of Physical Education & Sports.”

This may also be brought to the notice of the Colleges affiliated to your University.

[UGC Circular No.F.3-1/2000(PS)P/H dated 19-3-2009]

Dedicated Business Development Nodal Personnel in CSIR Labs./Instts.

The Director General, CSIR has approved the following instructions on Dedicated Business Development Nodal Personnel in all Labs./Instts. with direct Accountability to CSIR HQs.

1. Effective from 1-4-2018, each CSIR Lab./Instt. must nominate a Head of Business Development who would report to the Director of the concerned Lab./Instt. and be directly accountable to CSIR HQs.

26

2. The DG, CSIR or his/her nominee would be the reviewing Officer for the Head-BD of Labs./Instts.

3. The Head-BD, under the guidance of Director of the concerned Lab./Instt. And Theme Director would be responsible for identifying the external resources need for leveraging BD activities, prototype(s) development and technology deployment activities.

4. The Head-BD would be the single point contact for timely and accurate reporting of Lab./Instt. Performance metrics to HQs., and for providing inputs as required by HQs. On various issues on behalf of the Director of the concerned Lab./Instt.

5. The Head-BD, who would not be encumbered by any scientific or technical commitments of the Lab./Instt., would be a dedicated resource for (a) Business Development, (b) Line Ministry Networking, (c) Coordination of Theme Nodal Officers at the Laboratory and (d) Performance Metrics Tracking activities.

[CSIR O.M. No.9/AR/BDHQ-1/018/2018-RPPBDD dated 23-3-2018]

Director, CSIR-IHBT Vested with Additional Charge of Head, HRDG, CSIR

The DG, CSIR has been pleased to approve that Dr. Sanjay Kumar, Director, CSIR-IHBT, Palampur will hold additional charge of the post of Head, HRDG, CSIR Complex, New Delhi with immediate effect till further without any additional remuneration. While performing his duties as Head, HRDG, Dr. Sanjay Kumar will exercise all administrative and financial powers as vested in the Director of a Lab./Instt.

Dr. Ashwini Nangia is therefore, requested to kindly hand over the charge of Head, CSIR-HRDG to Dr. Sanjay Kumar immediately.

[CSIR O.M. No.7(47)/98-E.II(PD) dated 22-3-2018]

Leasing out the Council Premises to Outside Parties

Autonomous Bodies are the custodian of Asses and Resources owned by the Govt. or created from Govt. funds. As per D.O.No.511/2/2010-CAB.III dated 21-3-2011 and 21-11-2011, all Govt. land held by Govt. or Govt. controlled statutory authorities, etc. which is proposed to be alienated through means such as sale, lease and/or licence must seek specific approval of the Cabinet in each case. However, exemption from such approval is allowed in case of transfer of land from one Central Govt. Department/Ministry to another. Further, as per O.M. No.8(18)/E.II(A)/2010 dated 25-6-2010 issued by Ministry of Finance, express approval is required from Finance Ministry for sale/grant/assignment/allocation/ disposal of Govt. assets or resources or assets/resources created from Govt. funds by Autonomous Bodies, before presenting each case before Cabinet.

While considering the renewal of lease proposal to out parties for utility services as such Flour Mill, Provision Stores, etc. within the premises of residential area of a Lab./Instt., the DG, CSIR, keeping in view the above GoI instructions has desired that an appraisal report from all CSIR Labs./Instts./Units/Centres may be obtained regarding all such lease extended to outside parties.

Accordingly, Directors of all CSIR Labs./Instts. are requested to kindly send the details of all Council premises leased out to outside parties in the following pro forma:

(1) Number of the premises leased, (2) Area of premises leased, (3) Rate of lease rent, (4) Amount of lease rent, (5) Date of initial lease, (6) Period of initial lease, (7) Whether lease renewed or not, (8) Date of renewal of lease, (9) Enhanced

27

lease rent, (10) Name of lessee to whom leased out, (11) Whether original lessee still in possession, (12) Whether leased premises sublet, (13) Any other relevant information.

[CSIR Lr. No.4-10(30)2010-E.II dated 28-2-2018]

Maximum Age Limit in Case of Appointment by Deputation

This has reference to the DoP&T O.M. No.AB-14017/48/92-Estt.(RR) dated 17-11-1992 on the subject mentioned above. The Recruitment Rules in respect of a number of posts provide for appointment by the method of deputation/deputation (including short term contract). As per existing instructions, the maximum age limit for appointment on deputation/deputation (including short term contract) is not exceeding fifty six years on the closing date of receipt of application. Recent past, this Department has received several requests for revision of the maximum age limit for appointment on deputation/deputation (including short term contract) basis.

The matter has therefore been examined in consultation with the UPSC. Keeping in view the fact that gaining experience is analogous posts at SAG and above le3vels take time, the limited number of Officers available at these levels and to tap the talent/service of Officer who have rich domain experience, it has been decided that the following age limit shall be prescribed for appointment on deputation/deputation (including short term contract) basis:

(i) For posts in the SAG level and above (i.e., Level-14 of the Pay Matrix and above): “Not exceeding fifty eight years” on the closing date of receipt of application.

(ii) For posts below the SAG level (below Level-14 of the Pay Matrix): “Not exceeding fifty six years” on the closing date of receipt of application.

3. The Administrative Ministries are requested to take necessary action for amendment of Recruitment Rules/Service Rules to incorporate the reviewed age limit for deputation/deputation (including short term contract) for posts of the level of SAG and above.

[GoI MoPPG&P DoP&T O.M. No.AB-14017/11/2017-Estt.(RR) dated 5-2-2018]

Provision of Telephone Facilities and Reimbursements to Officers GoI

The Department of Expenditure has from time to time issued instructions on provision of Telephone facilities, monetary ceilings on reimbursement to the Officers of the GoI. Given the increasing dependence on telecommunication technology including mobile telephones for carrying out Official work, the existing instruction have been comprehensively reviewed, revised and the following instructions are hereby circulated for compliance by all Ministry/Departments, in supersession of all earlier instructions issued by the DoE on the subject.

1. Official Telephones

1.1 All Officers of the level of Deputy Secretary equivalent and above are entitled for Office Telephone with STD facility. For Officers of the level below Dy. Secretary, Ministry/Departments may decide in consultation with Financial Advisers on providing STD facility depending on their functional requirements.

1.2 ISD facility is allowed on Official Telephones in respect of Administrative Secretaries only.

28

1.3 All other cases for providing ISD facility on Official telephone for Officers of the level below Secretary to the GoI may be decided by the Administrative Secretary in consultation with the concerned Financial Adviser.

1.4 Administrative Secretary/Head of Departments may in consultation with the concerned Financial Adviser provide Officers below the level of Dy. Secretary, Official telephone with STD facility on functional basis. This facility should not be given in a routine manner but extreme caution and austerity should be exercised.

1.5` Financial Advisers shall submit a half-yearly report to the DoE on the number of ISD facility concurred/approved during a financial year.

2. Residential telephones

2.1 All Officers of the level of Dy. Secretary equivalent and above are entitled for one Official residential landline telephone with STD facility.

2.2 Residential telephone can be allowed to Officials below the rank of Dy. Secretary equivalent on functional basis, subject to the condition that this facility shall be restricted to 25% of the sanctioned strength of Group “A” Officers in a Ministry/Department. This limit will equally apply to Attached and Subordinate Offices.

2.3 ISD Facility shall not be allowe4d on residential telephones.

2.4 Personal staff of Ministers (Private Secretary, Addl. Private Secretary and 1st PA of Ministry] and Administrative Secretary [Principal Staff Officer (PSO)/Senior Principal Private Secretary/Principal Private Secretary/Private Secretary), Section Officer (Parliament) and Assistant Section Officer (Parliament) are entitled to the facility of one residential landline telephone.

3. Mobile Phone Handsets

3.1 Officers of the level of Secretary and equivalent will be entitled to reimbursement for one mobile handset costing not more than Rs.25,000/- (Rupees Twenty Five thousand only) once during the whole tenure. Global roaming facility shall not be allowed on the mobile connection.

4. Reimbursement of telephone call charges

4.1 Reimbursement of telephone call charges of residential telephone/mobile phone/broadband/mobile data/data card shall be as per entitlement given below:

S.No.

Level/Designation Limit on reimbursement

1. Secretary to the GoI and equivalent level Rs.4200/- p.m. + Taxes as applicable

2. Addl. Secretary to the GoI and equivalent level Rs.3000/- p.m. + -do-3. Jt. Secretary to the GoI and equivalent level Rs.2700/- p.m. + -do-4. Director/Dy. Secretary to the GoI and equivalent level Rs.2250/- p.m. + -do-5. Below the rank of Dy. Secretary and equivalent to the

GoI (restricted to 50% of the sanctioned strength of Group “A” Officers in a Ministry/Department/ Attached/ Subordinate Office)

Rs.1200/- p.m. + -do-

4.2 No SIM/Data card will be provided by Office

4.3 There will be no separate ceiling for the landline/mobile/broadband/mobile data/data card. The amount reimbursable will cover landline and/or mobile/ broadband/mobile data/data card connection and shall be limited to the ceiling

29

prescribed or as per actuals whichever is lower. Call charges over and above the ceiling prescribed along with taxes thereon shall be paid by the Officers.

4.4 The amount shall be reimbursed on submission of bills/receipt by the concerned Officer. Officers are at liberty to choose the service provider and the tariff package for residential landline/mobile phones.

4.5 In case where husband and wife are sharing the same residential landline telephone and both are entitled for reimbursement, only one of them will be allowed reimbursement against the residential landline telephone. The claim for mobile phone charges shall be treated separate for each of the Officer, subject to thee entitled ceiling.

4.6 Reimbursement for mobile will be restricted to the Officer in whose name the mobile connection is registered.

4.7 the entitlement of an Officer drawing pay in a scale intervening between that of Director and Jt. Secretary would be at par with that of Dy. Secretary/Director.

4.8 Excess expenditure up to 30% of the ceiling amount (applicable to the Officer) can be reimbursed to Officers of Jt. Secretary equivalent and above and also to Private Secretary/Officers on Special Duty to the Ministers, subject to their submitting a Certificate, duly justifying that excess expenditure incurred was for Official purpose and unavoidable. This reimbursement would require the concurrence of the Financial Adviser concerned and sanction of the Administrative Secretary/Secretary Equivalent of the Departmental/Organization in so far as Secretary/Secretary equivalent Officer are concerned, they shall be competent to exercise the aforesaid powers in their own cases. The power to sanction this expenditure shall not be delegated.

4.9 Telephone reimbursement will not be admissible in cases of Leave (of any nature) and training which are for more than one calendar month(s).

5. Mobile facility during Official visits abroad

5.1 Officials and delegations visiting abroad for the purpose of short Official visits/meeting/conferences/workshops may be provided SIM card by our Mission/ Embassy. In case SIM card is not provide4d by our Mission/Embassy, there will be a monetary ceiling of Rs.2,000/- per day for Officer above the level of Addl. Secretary and equivalent and Rs.1,000/- per day for other Officers towards reimbursement of call charges.

5.2 No mobile phone facility shall be provided during training period whatsoever including training abroad.

6. These orders shall be effective from the date of issue of this O.M.

[GoI MoF DoE O.M. No.F.No.24(3)/E.Coord/2018 dated 26-3-2018]

Abolition of Study Allowance

Consequent upon the decision taken by the Govt. on the recommendations of the 7th CPC, the Study Allowance stands abolished w.e.f. 1-7-2017.

Formal amendment to the Study Leave Rules contained in Appendix-V of IREC Vol. I. 1985 Edition (Second Re-print Edn. 2003) will be issued separately.

[GoI MoR (RB) Circular R.B.E. No.: 68/2018; No. 2011/F(E)III/2(2)/3 dated 14-5-2018; www.govtempdiary.com]

30

Performance Mapping of Scientists for CSIR HQs.

In supersession of the Office Memoranda notifying constitution of Empowered Committee for Reviewing on APARs of Scientists of CSIR HQs. Under the Performance Mapping of Scientists (PMS) System, the DG, CSIR has been pleased to reconstitute the Empowered Committee for CSIR HQs. As under:

1. Chairman: Prof. Satish Chandra, Director, CSIR, CRRI, New Delhi (DG’s Nominee)

2. Member-1: Dr. Sanjay Kumar, Director, CSIR-IHBT, Palampur and Head, HRDG3. Member-2: Dr. Anjan Ray, Director, CSIR-IIP), Dehradun and Head, Research

Project Planning & Business Development Directorate

4. Member-3: Dr. Ram A. Vishwakarma, Director, CSIR,-IIIM, Jammu & Kashmir and In-Charge, Intellectual Property Directorate

5. Member-4: Dr. Sudeep Kumar, Head, Mission Directorate6. Member-5: Shri A. Chakraborty, Head, DGTC

The Empowered Committee shall review the APARs of Scientists for the years 2016-17 and onwards.

[CSIR O.M. No.6-16(25(Coll.)/2011-CR dated 7-5-2018]

.o.

31

Railway Concessions to Different Categories of Persons along with Element of Concession

S.No.

Category of Persons Percentage of Concession*

I. Persons with Disabilities (Divyangjan)1. **Orthopaedically Handicapped/Paraplegic

persons who cannot travel without escort – for any purpose

-75% in 2nd, SL, 1st Class, 3AC, AC Chair Car-50% in 1AC and 2AC-25% in 3AC & AC Chair Car of Rajdhani/Shatabdi trains-50% in MST & QST-One escort is also eligible for same element of concession

2. “mentally retarded persons who cannot travel without escort – for any purpose

3. Persons with visual impairment with total absence of sight travelling alone or with an escort – for any purpose

4. Persons with hearing and speech impairment totally (both afflictions together in the same person) travelling alone or with an escort – for any purpose

-50% in 2nd, SL and 1st Class -50% in MST & QST-One escort is also eligible for same element of concession

**The facility to book ticket along has also been provided. However, the eligibility criteria for availing the concession remains the same.

II. Patients5. Cancer patients travelling alone or with an

escort for treatment/periodic check up-75% in 2nd, 1st Class & AC Chair Car-100% in SL & 3AC-50% in 1AC & 2AC-One escort eligible for same element of concession (except in SL & 3AC where escort gets 75%)

6. Thalassemia patients travelling alone or with escort for treatment/periodic check up

-75% in 2nd, SL, 1st Class, 3AC, AC Chair Car-50% in 1AC and 2AC-One escort is also eligible for same element of concession

7. Heart patients travelling alone or with an escort for heart surgery

8. Kidney patients travelling alone or with an escort for kidney transplant Operation/ Dialysis

9. Haemophilia patients – severe and moderate form of disease – travelling alone or with an escort for treatment/periodical check up

-75% in 2nd, SL and 1st Class, ---3AC, AC Chair Car-One escort is also eligible for same element of concession

10. T.B./Lupas Vulgaris patients travelling along or with an escort for treatment/periodical check up

-75% in 2nd, SL and 1st Class-One escort is also eligible for same element of concession

11. Non-infectious Leprosy patients – for treatment/periodical check up

-75% in 2nd, SL and 1st Class-One escort is also eligible for same element of concession

12. AIDS patients – for treatment/check up at nominated ART Centres

-50% in 2nd Class

32

News & Views

13. Ostomy patients – travelling for any purpose -50% in MST & QST-One escort is also eligible for same element of concession

14. Sickle-Cell Anaemia – for treatment/ periodical check up

-50% in Sleeper, AC Chair Car, AC -3 tier and AC 2-tier classes

15. Aplastic Anaemia – for treatment/periodical check up

-50% in Sleeper, AC Chair Car, AC 3-tier and AC 2-tier classes

III. Senior Citizens16. Men of Indian Nationality – 60 years and

above-40% in all classes-Also in Rajdhani/Shatabdi/ Duronto trans

Women of Indian Nationality – 58 years and above – travelling for any purpose

50% in all classes - also in Rajdhani/Shatabdi/Duronto trans

IV. Awardees17. Recipients of age 60 years and above of:

(i) President’s Police Medal for Distinguished Service

-50% for men-60% for women -In all classes and Rajdhani/ Shatabdi/Jan Shatabdi(ii) Indian Police Award for Meritorious

service - travelling for any purpose

18. Shram Awardees – Industrial workers awarded the Prime Minister’s Shram Awards for Productivity and Innovation- travelling for any purpose

-75% in 2nd and SL class

19. National Awardee Teachers – honoured with National Award by the President of India for exemplary service in the field of education- travelling for any purpose

-50% in 2nd and SL class

20. Either of parents accompanying the Child Recipients of National Bravery Award - travelling for any purpose

-50% in 2nd and SL class

V. War Widows21. War Widows – travelling for any purpose -75% in 2nd and SL Class22. Widows of IPKF Personnel killed in action in

Sri Lanka - travelling for any purpose

-75% in 2nd and SL Class

23. Widows of Policemen & Paramilitary personnel killed in action against Terrorists and Extremists- travelling for any purpose

-75% in 2nd and SL Class

24. Widows of Defence personnel killed in action against terrorists and extremists- travelling for any purpose

-75% in 2nd and SL Class

25. Widows of Martyrs of Operation Vijay in Kargil in 1999- travelling for any purpose

-75% in 2nd and SL Class

VI. Students26. i) Students going to Home Town and

Educational Tours – General category-50% in 2nd and SL class-50% in MST/QST

ii) SC/ST category -75% in 2nd and SL class-75% in MST/QST

Girls up to GraduationBoys up to 12th Standard (including students of Madrasa) between Home and School

-Free second class MST

27. Students of Govt. schools in rural areas for study tour – once in a year

-75% in 2nd class

33

28. Entrance Examination:Girls of Govt. schools in rural areas – for National level for medical, engineering, etc.

-75% in 2nd class

29. Concession to students appearing in main written examination conducted by the UPSC and Central Staff Selection Commission

-50% in 2nd class

30 Foreign students studying in India:Travelling to attend camps/seminars organized by GoI and also visit to places of historical and other importance during vacations

-50% in 2nd and SL class

31. Research scholars up to the age of 35 years for journeys in connection with research work

-50% in 2nd and SL class

32. Students and Non-Students participating in Work Camps

-25% in 2nd and SL class

33. Cadets and Marine Engineers apprentices undergoing Navigational/Engg. training for Mercantile Marine- for travel between home and training ship

-50% in 2nd SL class

VII Youth34. Youth attending National Integration Camps

of:(a) National Youth Project

-50% in 2nd and SL class

(b) Manav Uththan Sewa Samiti -40% in 2nd SL class35. Unemployed youth:

(i) To attend interview for job in Statutory Bodies, Municipal Corporation, Govt. Undertaking, University or Public Sector Body

-50% in 2nd and SL class

(ii) To attend interviews for jobs in Central and State Govt.

-100% in 2nd class-50% in SL class

36. Bharat Scouts & Guides – for scouting duty -50% ion 2nd SL class

VIII. Kisans37. Kisans and Industrial Labourers for visit to

agricultural/industrial exhibitions-25% in 2nd and SL class

38. Kisans travelling by Govt. sponsored Special Trains

-33% in 2nd and SL class

39. Kisans and Milk Producers – visit to National Level Institutes for learning/training

-50% in 2nd and SL class

40. Delegates for attending Annual Conferences of :i) Bharat Krishak Samaj, and ii) Sarvodaya Samaj, Wardha

-50% in 2nd and SL class

IX. Artists & Sportspersons41. Artists – for performance -75% in 2nd and SL class

-50% in 1st, AC Chair Car, 3AC and 2AC-50% In Rajdhani/Shatabdi/Jan Shatabdi AC Chair Car, 3 AC and 2AC

42 Film technicians – travelling for film production related work

-75% in 2nd and SL class-50% in 1st class including Rajdhani/Shatabdi

43 Sportsmen participating in:i) All India and State Tournamentsii) National Tournaments

-75% in 2nd and SL class-50% in 1st class-75% in 2nd, SL and 1t class

34

-50% in 1st class44. Persons taking part in Mountaineering

Expeditions organised by IMF-75% in 2nd and SL class-50% in 1st class

45. i) Press Correspondents accredited to HQs. Of Central and State Govts./UTs/Districts – for Press work

-50% in all classes of Mail/Express trains and in Rajdhani/Shatabdi/ Jan Shatabdi trains.

ii) Spouse/companion/dependent children (up to 18 years)

-50% concession twice every financial year

X. Medical Professions46. Doctors – Allopathic – travelling for any

purpose-10% in all classes of Mail/Express trains and in Rajdhani/Shatabdi/ Jan Shatabdi trains

47. Nurses & Midwives – for leave and duty -25% in 2nd and SL classXI. Others (Conference, Camps, Tours, etc.)48. Delegates for attending Annual Conferences

of certain All India bodies of social/cultural/ educational importance

-25% in 2nd and SL class

49. Bharat Sewa Dal, Bangalore – for attending Camps/meetings/rallies/trekking programmes

-25% in 2nd and SL class

50. Volunteers of Services Civil International – for social service

-25% in 2nd and SL class

51. Teachers of Primary, Secondary and Higher Secondary Schools – for Educational tours

-25% in 2nd and SL class

52. Members of St. John Ambulance Brigade and relief Welfare Ambulance Corps., Kolkata – for Ambulance Camps/competitions

-25% in 2nd and SL class

XII. Izzat MST53. Izzat MST to persons with monthly income

not exceeding Rs.1500/-, working in unorganised sectors – for journeys up to maximum 150 Kms.

Rs.25/-

Levy of GST on Notice Period Recovery

In GST regime, the number of exemptions/concessions have been brought down. A lot of effort has been put in drafting GST law and lot of litigated aspects are put to rest. However, there are still aspects like compensatory damages, employee notice period recovery which needs clarity as to taxation. In many private organisations, employees would be legally bound to serve for specified period which could vary from 1 month to 3 months depending on designation or role of a particular employee during termination of employment contract. If employee fails, then the security amount collected during appointment or amount which could be part of salary would be withheld by the organisation as ‘Notice period pay’.

The question of levy of tax on such income started after introduction of negative list concept in service tax. Though GST has replaced the law, the clarity on taxation of such notice period pay continues. Certain activities have been specifically mentioned in Schedule II to CGST Act, 2017 to be treated as goods or services. Agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act has been specifically stated to be treated a service in this schedule. By plain reading of the entry, it could be contended that notice period pay is the consideration received by employer for tolerating the act of employee who does not serve the notice period. It is very interesting to note that UK VAT law which is very close to our new GST law does not levy tax on termination of contract subject to condition that the contract originally contains a clause allowing the parties to terminate early in lieu of compensation for

35

losses arising from termination. However, levy could get attracted where no such clause exists in original agreement, and separate agreement reached to terminate. This may not be applicable in India as our GST law does not provide for such exemption.

Employment services exempted from GST Services by an employee to employer in course of or in relation to employment would not be treated as either supply of goods or as services. There is a school of thought among few professionals that notice period pay is recovered in course of employment and should not be treated as supply liable for GST. It is important to note here that the services are provided by employer to employee by way of tolerating the act. Therefore, this view may not hold good for the simple reason that the exemption is for services by employee to employer and not for services by employer to employee. Safer way would be to pay GST on notice pay.

Clarification from department in earlier law

Tolerating of an act was considered as ‘declared service’ in earlier service tax law after introduction of negative list taxation system in the year 2012. After this, there were lot of queries raised on taxation of notice pay. The Director General of Central Excise Intelligence (DGCEI) in November 2015 had the following observation while conducting an audit of an assessee:

1. The activity of entering into an agreement by employer with employee to allow him to forfeit the security deposit or paying some charges/expenses/fee etc., in case of his leaving the employment without giving stipulated notice or completing the bond period, appears to be covered under the declared services of, "agreeing to the obligation to refrain from an act, or to tolerate an act or a situation, or to do an act".

2. These services are being provided by the employers to its employees and consideration in terms of forfeiture of security deposit or other payments is being received by the employers in lieu of these services. Hence, Service Tax would be leviable on employers for providing these services.

Time of supply for the service Time of supply of services to be determined for services in terms of Section 13 of CGST Act, 2017 which would be earliest of following:

(a) Date issue of invoice by supplier, if invoice is issued within prescribed period (30 days) under Section 31(2) or date of receipt of payment, whichever is earlier; or

(b) Date of provision of service, if invoice not issued within prescribed period or date of receipt of payment, whichever is earlier; or

(c) Date on which recipient shows receipt of services in books of account Issue of invoice in case of notice pay recovery is not common. If the amounts are recovered at the time of appointment, then date of receipt of such amounts is time of supply. Otherwise, the date of breach of contract could be considered as date of provision of service to determine time of supply. Valuation of services If employers opt to pay GST on notice pay, then the issue to be brought to the notice of employees in terms of contract. GST at 18% could be added extra to the amount or the total amount could be treated as inclusive of 18% GST in terms of Rule 35 of CGST Rules, 2017 if employer does not wish to add to burden of employees. One of the common error noticed in service tax regime was claiming back the tax amount paid on notice pay as Cenvat credit treating it as reverse charge payment. Such tax payment was being made without utilising the available credit. This is not right as the amount recovered as notice pay would be treated as output supply of service.

ITC utilisation for payment of tax

For payment of GST on notice period recovery, tax payer could utilise the input tax credit balance, if any, as such recovery could be treated as output service.GST on payment made to employees on termination

36

Conversely to recovery of notice pay, there could be instances wherein organisations pay amounts to employee for termination of employment contract. Such amounts paid would be “part of salary” and paid as salary. In such cases, there may not be disputes with regard to GST applicability.

Conclusion: Terms like ‘refrain’, ‘tolerate’ etc., needs clarity as these words leading to lot of interpretations and disputes. Employers who opt not pay GST on notice pay recovery run the risk. Therefore, paying GST taking a conservative view is a safer option. The aspects discussed above are limited to notice pay recovery from employees only. The analogy cannot be applied for liquidated damages, compensation for losses etc., as it is.

Authors could be reached for any further clarifications or suggestions at: madhukar@hiregange.com and mahadev@hiregange.com

[Source: CA Madhukar N Hiregange and CA Mahadev. R]

Night Duty Allowance Calculation

Night Duty Allowance is granted to Govt. Employees who work in Night Shift. Calculation of NDA hours is counted from the hours duty performed in Night Shift from 10.00 P.M. to 6.00 A.M.

Weightage of 10 minutes for every hour of duty performed between 22:00 Hrs and 06:00 Hrs will be taken for calculation of payment of NDA.

The hourly rate of Night Duty Allowance is calculated through this approved formula:

NDA hours calculation

Night Duty Hours for Duty Performed from 2200 Hrs to 0600 Hrs is 80 minutes.for 6 Days a week 6 x 80 Minutes = 480 Minutes = 8 Hours/Week

The payment NDA for 8 Hours

If the basic Pay = Rs.41000DA @ 7% = Rs. 2870; So the hourly Rate of NDA = 41000 + 2870/200 = Rs. 220/Hour for 8 Hours = Rs. 1760

[Source: www.gservants.com]

Important Announcements and Approvals by PFRDA regarding NPS

Pension Fund Regulatory and Development Authority (PFRDA) is established by the Govt. of India for regulation and development of Pension Sector in order to protect the old age income security of subscribers. PFRDA takes various initiatives from time to time in order to simplify and improve the operational issues in National Pension System (NPS) like new functionality development under NPS architecture, simplification of account opening, withdrawal, grievance management etc.

In this regard, during the recently held Board Meeting some important decisions were taken to improve the operational and regulation issues in National Pension System (NPS). Some of the decisions taken in the Board Meeting are as follows:

Budget announcement - Rating criteria for investments – Proposal on changing the investment grade rating from ‘AA’ to ‘A’ for corporate bonds was approved. The change is subject to a cap on investments in ‘A’ rated bonds to be not more than 10% of

37

the overall Corporate Bond portfolio of the Pension Funds. This initiative will enlarge the scope of investment for the Fund Managers while ensuring credit quality.

Introduction of a Common Stewardship Code - The proposal on adoption of Common Stewardship Code, as a measure of good Corporate Governance, was approved. Further, it was also approved that the Principles enumerated in such code shall be circulated to all Pension Funds for compliance and implementation. Adoption of these Principles by Pension Funds will improve their engagement with investee companies and benefit subscribers.

Modification in Partial Withdrawal rules under NPS - Partial withdrawals will now be allowed to NPS subscribers who wish to improve their employability or acquire new skills by pursuing higher education/acquiring professional and technical qualifications. Further, individual NPS subscribers who wish to set up a new business/acquire new business will also be allowed to make partial withdrawals from his contributions. Other terms applicable to partial withdrawals will remain unchanged.

Increasing cap on equity investment in active choice to 75% from current 50% for Private Sector Subscribers - Presently there is a cap of 50% on equity investment under active choice in NPS. The proposal on increasing cap on equity investment in active choice to 75% from currently 50% has been approved by the Board. However, it comes with a clause of tapering of the equity allocation after the age of 50 years. Currently, NPS and APY have a cumulative subscriber base of over 2.13 crore with total Asset Under Management (AUM) of more than Rs. 2.38 lakh crore.

[GoI MoF PIB; www.gservants.com]

Submission of Final Withdrawal/Temporary Advance/Final Settlement of Bills and Debit/Credit Schedules

This has reference to PCA (Fys) Circular No. F/l/20 dated 7-5-2016. Of late, it has been observed that the directions enumerated in the Circular cited under reference are not being scrupulously followed by many Branch Accounts Offices. Hence, it is reiterated to ensure that subscription recovered and amount paid as withdrawals/ temporary advances have been verified/vetted positively, duly indicating the DV Nos. and month of compilation, as this is a mandatory audit requirement for passing of any such claim for payment. 2. During the course of audit of GPF credit schedules received in this Office, it has been noticed that many Branch Accounts Offices are still having practices to forward only GPF changed statement in respect of subscribers of concerned factory/formation, to Main Office every month. In this context, it is pertinent to mention that complete GPF credit schedules for the RPB month of March every year is required for correct reconciliation and adjustment of data at this end. Hence, it is requested to forward complete GPF Credit Schedules for the RPB month of March only and Changed Statement for all the remaining months, for correct reconciliation and adjustment thereof.

3. If there is no Debit Schedule in any month, a certificate in this regard stating inter alia - “It is certified that no GPF withdrawal/Temporary advance has been paid during the month of which must be rendered to this Office by the 10th of the following month.

4. GPF Dr./Cr. Schedules are required to be reconciled with COO-2 and PM. of the respective month positively before forwarding to this Office for necessary action at this end. Dr./Cr. Schedules should invariably be forwarded to this Office by the 10th of the following month.

5. Final Settlement Bills must be forwarded to this Office at least one month before the date of superannuation.

38

6. GPF Assets must be transferred at the earliest possible, along with all required documents.

7. Increase and decrease of GPF subscription should be allowed strictly as per GPF Rule 8(4).

[GoI MoD No: F/1/50/Circular-1 dated 17-5-2018; www.staffnews.in]

Exercising of Option for Fixation of Pay on Promotion - 6th CPC Pay Structure

This has reference to Notes at p. 9-10/n of MoD (Finance) in its File No. 12012/2/2016-AG/PB read with notes at p. 4-5/n in File No. 2(2)12017-D(Civ.I).

The MoD (Finance) may please refer to their notes at p.9-10/n in File No. 12012/2/2016-AG/PB seeking clarification of the DoE as to exercising of option for fixation of pay by the Govt. Servants in 6th CPC Pay Structure their promotion which falls after the date of notification of CCS (RP) Rules 2016 (i.e., 25-7-2016).

2. The above matter has been examined in this Department. It is clarified that the option for fixation of pay in the revised pay structure after the date of notification of CCS (RP) Rules 2016, i.e., after 25-7-2016 cannot be exercised, as Rule 5 of the said Rules provides for option only for promotion taking place up to 25-7-2016 (date of notification of the said Rules).

3. This issues with the approval of Joint Secretary (Personnel).

[GoI MoF DoE (E.III.A Branch)]

Pension Procedure – Latest Updates

(1) What is the meaning of the following terms: (a) Pension Disbursing Authority; (b) Pension Sanctioning Authority; and (c) PPO Issuing Authority ?

Pension Procedure

(2) What should a Govt. servant do to claim his pension?

During service each Govt. servant should satisfy himself that service is being verified and recorded so in the service book and that there are no gaps in this. He should also ensure that nomination for all payments due to him are current and valid.

Six months prior to the retirement date, a Govt. servant is required to furnish certain information (e.g. joint photo with spouse, family details, name of the branch of the authorized bank through which he desires to draw his pension, etc.) to his Head of Office in the prescribed form No.5.

The Head of Office is required to undertake the work of preparation of pension papers in form No. 7 one year before the date on which a Govt. servant is due to retire on superannuation. After complying with the requirements of CCS Pension Rules 59 and 60, the Head of Office has to forward to the Pay & Accounts Officer form 5 and form 7 duly completed with a covering letter in form 8 along with service book of the Govt. servant duly completed up-to-date and any other documents relied upon for the verification of service, not later than six months before the date of retirement of the Govt. servant.

(3) Who is to authorize the pension?

On receipt of pension papers from Head of Office, the Pay & Accounts Officer concerned will, after applying requisite checks, assess the amount of pension and issue

39

the Pension Payment Order (both halves of PPO, i.e., disburser’s portion and pensioner’s portion) not later than one month in advance of the date of retirement of the Govt. servant with forwarding authority letter, duly ink signed and embossed, to Central Pension Accounting Office (CPAO) who in turn will generate on computer a Special Seal Authority on the basis of details given in the PPO and authority letter of the PAO and forward disburser’s half of PPO with Special Seal Authority to the Central Pension Processing Centre (CPPC) of the concerned authorized Bank. The Pay & Accounts Officer after ascertaining that the special seal of authority has been issued shall send pensioners’ half of PPO to be handed over to the retiring employee. However, if the employee opts to take the PPO from bank, both halves shall be sent to CPAO. All records will be maintained in the CPPC and the disbursing branch, will make the payments to the pensioner on authorization of payment of pension by the CPPC. The CPPC however is only the back Office for processing pensions, all pension related problems/grievances of the pensioners will continue to be handled by the concerned paying branch as before.

(4) What is to be done in case the pension has not been fixed correctly?

The PAO while issuing the pension authorization will forward one copy of the pension calculation sheet (out of three received by him from the Head of Office) as certified by the Head of Office and countersigned by him (PAO) to the pensioner along with the intimation of his having sent the pension payment authority/PPO to the CPAO. In case it is found from the pension calculation sheet that pension has been fixed incorrectly, the matter may be taken-up with the Head of Office. PAO concerned, if necessary, will issue an amendment authority letter to Central Pension Accounting Office for onward transmission to the CPPC to carry out necessary amendments in both halves of PPO.

[GoI DoP&PW; www.gservants.com]

Schemes for Welfare of Women and Children

Ministry of Women and Child Development (MWCD) implements several schemes supporting for the welfare of the women and children including SC/ST and minority of different age groups.

SwadharGreh Scheme

MWCD implements SwadharGreh Scheme which targets the women victims of unfortunate circumstances who are in need of institutional support for rehabilitation so that they could lead their life with dignity. The Scheme envisages providing shelter, food, clothing and health as well as economic and social security for the women victims of difficult circumstances which includes widows, destitute women and aged women. The total women benefitted under SwadharGreh scheme during 2016-17 is 16,530 and during 2017-18 is 17,291.

Ujjawala Scheme

Ujjawala Scheme is being implemented for Prevention of trafficking and for Rescue, Rehabilitation, Re-integration and Repatriation of victims of trafficking for commercial sexual exploitation. The number of beneficiaries under the scheme in the year 2017-18 and 2016-17 each is 6,175.

‘Support to Training and Employment Programme for Women (STEP) Scheme’

The Ministry is administering ‘Support to Training and Employment Programme for Women (STEP) Scheme’ to provide skills that give employability to women and to provide competencies and skill that enable women to become self-employed/ entrepreneurs. The Scheme is intended to benefit women who are in the age group of 16 years and above across the country.

40

National Nutrition Mission (NNM)

Govt. of India has approved for setting up of National Nutrition Mission (NNM) on 30.11.2017, which aims to achieve improvement in nutritional status of Children, pregnant women and lactating mothers and reduce anemia among children and women. It strives to reduce the level of stunting, under-nutrition, anemia and low birth weight babies. It will create synergy, ensure better monitoring, issue alerts for timely action, and encourage States/UTs to perform, guide and supervise the line Ministries and the States/ UTs to achieve the targeted goals.

Scheme for Adolescent Girls

The Govt. on 16-11-2017 approved continuation of the Scheme for Adolescent Girls for out of school adolescent girls of age 11-14 years for a period of one year, i.e., up to 30-11-2018. The scheme aims at providing supplementary nutrition containing 600 calories, 18-20 grams of protein and micronutrients per beneficiary per day for 300 days in a year, motivating out of school girls to go back to formal schooling or skill training under non-nutrition component of the scheme. The cost norms for nutrition have also been revised from existing rates of Rs.5.00 per beneficiary per day to Rs.9.50 per beneficiary per day. Govt. has also approved phased expansion and Universalization of the Scheme for Adolescent Girls i.e. in additional 303 districts in 2017-18 and the remaining districts in 2018-19 with the simultaneous phasing out of Kishori Shakti Yojana. The scheme has been extended to all the districts of the country w.e.f. 1-4-2018.

Integrated Child Development Scheme (ICDS)

Further, under the Integrated Child Development Scheme (ICDS), 1,82,68,917 pregnant women and lactating mothers got benefit during the year 2016-17 and 1,63,10,379 during the year 2017-18 (as on 31-12-2017). Also, the number of Children (6 Months to 6 years of age) including girl child who got benefit under ICDS Scheme during the year 2017-18 (as on 31-12-2017) is 6,81,38,809.

One Stop Centre (OSC)

One Stop Centre (OSC) scheme is being implemented by the Ministry to support women affected by violence w.e.f. 1st April, 2015, which aims to facilitate access to an integrated range of services including medical aid, police assistance, legal aid/case management, psychosocial counseling and temporary support services. At present, 170 OSCs are functional in various districts in 32 States. 97,961 cases have been registered as on 7-2-2018.

Universalization of Women Helpline

The Ministry also implements the scheme of Universalization of Women Helpline through States/UTs Govt. since 1-4-2015 to provide 24-hour emergency and non-emergency response to women affected by violence. Women Helplines are functional in 28 States. As on date, a total of 12,14,763 complaints have been addressed from the Women Helplines.

This information was given by Union Minister for Women and Child Development, Smt. Maneka Sanjay Gandhi in reply to a question in Rajya Sabha today.

[GoI MoW&CD; PIB dated 5-4-2018; www.govtempdiary.com]

EPFO Introduces ‘View Pension Passbook’ Service for Pensioners through App

Employees’ Provident Fund Organisation (EPFO), which is providing a host of e-services for its stakeholders, has now introduced a new service through ‘UMANG app’. On clicking ‘View Passbook’ option, it requires PPO Number and Date of Birth information

41

to be entered by the pensioner. After successful validation of the information fed, an OTP will be sent to the registered mobile number of the pensioner. On entering OTP, ‘Pensioner Passbook’ will display the details of the pensioner like Name, DOB along with last pension credited information. The facility to download the financial year wise complete pass book details is also available.

Other e-services of EPFO already available through UMANG Aap includes Employee Centric services (View EPF Passbook, Raise claim, Track Claim), Employer Centric Services (Get remittance details by establishment ID, Get TRRN Status), General Services (Search Establishment, Search EPFO Office, Know Your claim Status, Account details on SMS, Account details on Missed Calls), Pensioner Services (Update Jeevan Praman), eKYC services (Aadhaar Seeding)

[GoI MoL&E EPFO; PIB; By Vivek, May 4, 2018]

Tatkal Ticket Rules Changed Ahead of Summer Rush; Full Refund on Cancellation

The Indian Railways has introduced some new rules regarding booking of tickets

via Tatkal services, which allows passengers to book tickets at the last minute in cases of emergency.

One can book Tatkal tickets on first come, first served basis through computerised Passenger Reservation System. Due to high demand during the rush hours or season, the seats get booked within a short span of time, especially on the popular routes. Also, technical glitches on the Indian Railway Catering and Tourism Corporation (IRCTC) website are very common.

In order to avoid these problems ahead of the summer rush, the national transporter has introduced a couple of new rules.

A look at the new rules:

One has to book the tickets a day before the travel. For AC coach tickets, the bookings will start at 10.00 A.M., while for general coaches it would be 11.00 A.M. A passenger can claim complete refund of train fare and Tatkal charges, if the train fails to leave within three hours of its scheduled time.

If a train’s route is diverted and a passenger doesn’t want to travel on that route, he can ask for a full refund. Also, a passenger can ask for a refund if the train’s route is diverted and his station/stop is not in the new route

A passenger can also claim a full refund if he/she is shifted to a lower class and he doesn’t want to travel in that class. A passenger will be paid back the difference if he/she agrees to travel in the lower class.

Avoiding misuse

Recently, the Railway Ministry has introduced some inbuilt features in the Tatkal ticket booking system to avoid misuse of Tatkal system. The features include, not granting refund if confirmed Tatkal tickets are cancelled, no modification (seat allocation) will be allowed and others

Besides, authorised travel agents have been barred from booking Tatkal tickets during the first 30 minutes after the reservation opens.

Also to check fraudulent bookings through automation software, Captcha in registration, login and booking page has been introduced. Now on, a passenger can book the Tatkal tickets via internet in the allotted time. The payment gateway is not included in this timeframe.

42

For online payments, the National carrier has made OTP (one time password) must for all users

[Source: BT; www.gconnet.in; By Prakash Malankar, April 6, 2018]

Applicability of Standard Deduction to Pension Received from the Former Employer

The Central Board of Direct Taxes (CBDT) has clarified that the pension received

by a taxpayer from his former employer is taxable under the head “Salaries”. The Finance Act, 2018 has amended Section 16 of the Income–tax Act, 1961(“the Act”) to provide that a taxpayer having income chargeable under the head “Salaries” shall be allowed a deduction of Rs.40,000/- or the amount of salary, whichever is less, for computing his taxable income. Accordingly, any taxpayer who is in receipt of pension from his former employer shall be entitled to claim a deduction of Rs.40,000/- or the amount of pension, whichever is less, under Section 16 of the Act.

Earlier, the representations were received seeking clarification as to whether a taxpayer, who receives pension from his former employer, shall also be eligible to claim this deduction.

[GoI MoF PIB dated 5-4-2018; www.govtempdiary.com]

Policy for Removal of Non-Performing Civil Servants

The provisions under Fundamental Rules (FR) 56(j), Rule 48 of CCS (Pension) Rule, 1972 and Rule, 16 (3) (Amended) of All India Services (Death-cum-Retirement Benefits) [AIS (DCRB)] Rules, 1958 have laid down the policy of periodic review and premature retirement of non-performing Govt. servants.

Up to January, 2018, a total of 21,195 Group ‘A’ and 47,039 Group ‘B’ Officers have been reviewed, out of which provisions of FR 56(j) and relevant rules were invoked/recommended against 83 Group ‘A’ and 128 Group ‘B’ Officers, including 15 Officers of All India Services.

This was stated by the Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr. Jitendra Singh, in written reply to a question in the Rajya Sabha today.

[GoI MoPPG&P; PIB dated 5-4-2018; www.govtempdiary.com]

Five Steps to Saving Taxes

Income tax can be a confusing subject especially when you are at the start of your professional life. But not planning your taxes will only lead to you losing your hard-earned money. Taxes can be saved very easily, and more savings strengthen the financial foundation of your life. Here’s a primer to help you get started on making full use of your available tax benefits.

Assess your tax liability

The first step is to assess your net tax liability after all your available tax deductions. For this, refer to your salary slip, speak to your accountant, or use any online tax calculator. From this year onwards, for instance, there is a standard deduction of Rs.40,000 for all. You may further reduce your tax liability through employer-provided meal coupons, LTA, EPF, and House Rent Allowance. After those deductions, if your

43

taxable income is more than Rs.2,50,000 a year, you will be liable to pay income tax to the extent set in the income tax slab you’re in.

Tax-saving and investing

Next, you must understand that not all investments and insurance are tax-saving instruments. For example, an equity mutual fund SIP is an investment but won’t provide income tax deductions. However, an ELSS mutual fund SIP will. You need to buy tax-savers only to the extent of your taxes. You can invest the rest of your savings in any non-tax-saving instruments as per your needs. For example, your taxable income comes to Rs.3,50,000/-. You are in the 5% tax slab, and your actual tax liability prior to any tax savings would be Rs.2,600/-. This amount can be saved through a tax-saving investment. Investing more than this amount will not earn you additional deductions.

Start with Section 80C

Section 80C is the most popular tax-saving section, allowing you a plethora of options to save taxes by investing up to Rs.1.50 lakh per annum. You can choose from a mix of life insurance, ELSS mutual funds, Public Provident Fund, National Savings Certificates, home loans, and tax-saving five-year fixed deposits to meet your tax-saving goal. In your 20s, start off with a term insurance plan. You can buy a cover of Rs.50.00 lakh for annual premiums starting from Rs.3574/-. Two: If you’re not averse to risk and seek a high rate of return (10% or more in the long term), combine wealth creation with tax saving by starting an SIP in an ELSS fund. Three: If you’re risk averse, invest via a PPF account where you currently earn guaranteed returns of 7.6% per annum.

Education loan tax benefit

Use your education loan for tax deductions. The loan is eligible for deductions even if the higher studies were pursued abroad. However, the deduction is available only for the interest paid on the education loan and not the principal. Note that the tax benefit is available for seven subsequent years from starting the interest repayment or till the period when entire interest is cleared, whichever is earlier.

Get Health Insurance

It is a must-have instrument in your financial portfolio. You may not visualize yourself on a hospital bed while you’re in your prime. However, a sudden illness, an accident, or a serious health condition may drain off your savings very quickly. Since you’re young, start off with a basic cover of Rs.5.00 lakh for which annual premiums start from Rs.4,567/-. However, you can claim tax deductions under Section 80D up to Rs.25,000/- for health insurance for yourself, and an additional Rs.25,000/- for health insurance for your parents (Rs.50,000/- if either parent is above 60).

[www.gconnect.in; By Prakash Malankar, Apr., 20, 2018]

Govt. Employees can Proceed Abroad during Child Care Leave

Govt. employees can go abroad while on a Child Care Leave (CCL), according to new guidelines of the Personnel Ministry.

They can also avail Leave Travel Concession — which allow leave and reimbursement of two and fro expenses – during the child care leave period, it said.

This clarification from the Personnel Ministry follows after it received references with regard to the CCL from different Govt. departments.

An employee on CCL may proceed on foreign travel provided clearances from appropriate competent authorities are taken in advance,” the ministry said in a recent order issued to all the central Govt. departments.

44

An employee on CCL may be permitted to leave headquarters with the prior

approval of appropriate competent authority, it said.

“LTC may be availed while an employee is on CCL,” the order said.

As per the existing rules, women employees, having minor children, may be granted child care leave for a maximum period of two years (i.e., 730 days) during their entire service for taking care of up to two children, whether for rearing or to look after any of their needs.

The CCL shall not be admissible if the child is 18 years of age or older, the rules say.

[Source: ET; www.gconnect.in; By Prakash Malankar, Apr., 16, 2018]

Hospital Patient Care Allowance/Patient Care Allowance

Consequent upon the decision taken by the Govt. on the recommendations of the 7th CPC, the approval of Competent Authority is conveyed for payment of Hospital Patient Care Allowance/Patient Care Allowance (HPCA/PCA) to those staff who were in receipt of HPCA/PCA as on 30-6-2017. See below the decision of Govt. and recommendations of 7th CPC.

2. This issues with the concurrence of DoE, MoF ID No. A-27023/1/2017/E.II B/7th CPC dated 16-4-2018.

Rates of Hospital Patient Care Allowance/Patient Care Allowance have been increased from Rs.2070–Rs.2100 p.m. to Rs.4100–Rs.5300 p.m. 7th CPC recommendations modified to the extent that it will be granted to Ministerial staff also.

8.10.29 Patient Care Allowance is admissible to Group `C’ and ‘D’ (non-Ministerial) employees excluding nursing personnel working in the health care delivery institutions/establishments (other than hospitals) with less than 30 beds, subject to the condition that no Night Weightage Allowance and Risk Allowance, if sanctioned by the Central Govt., will be admissible to these employees. Similarly placed employees working in hospitals are eligible for the HPCA.

This allowance is not admissible to Group `C’ and D (Non-Ministerial) employees working in the headquarters. The rules provide that only Group `C’ and `D’, non-Ministerial employees whose regular duties involve continuous and routine contact with patients infected with communicable diseases or those who have to routinely handle infected materials, instruments and equipment, which can spread infection, as their primary duty can be considered for grant of the HPCA. It is further provided that HPCA shall not be allowed to any of those categories of employees whose contact with patients or exposure to infected materials is of an occasional nature. The present rates of these allowances are: HPCA @ Rs.2,100/- p.m. for Group `C’ staff and Rs.2,085/- p.m. for Group `D’ Staff. PCA @ Rs.2,070/- p.m. for both Group `C’ and ‘D’ staff.

.o.

45

Parliament Questions Cadre Review of Medical Laboratory Staff

Anwhar Raajhaa, Sudheer Gupta, T. Radhakrishnan, Gajanan Chandrakant Kirtikar, Kunwar Haribansh Singh, Naranbhai Kachhadia, Vijay Kumar S.R., and Bidyut Baran Mahato

Will the Minister of Health & Family Welfare be pleased to state:

(a) whether his Ministry has finalised draft rules regarding minimum standards for clinical laboratories, framed under Clinical Establishments Act, 2010, if so, the details thereof;

(b) whether his Ministry is aware that presently most of the work of clinical and research laboratories of even prestigious department i.e., the ICMR and Central Govt. Hospitals is performed and supervised by professionally qualified and technically competent B.Sc., M.Sc., PhD Medical Lab. Professional in Lab Sciences who are not MBBS/MD, if so, the details thereof;

(c) whether the cadre review of medical laboratory staff approved earlier has not been implemented in complete manner so far and most of issues like pay fixation, DPC, MACP, revision of recruitment rules, filling of vacant promotional posts are still pending, if so, the details thereof and the reasons therefor;

(d) whether his Ministry has not issued any order till date regarding grant of Patient Care Allowance/Hospital Patient Care Allowance (PCA/HPCA) to health employees as per the accepted recommendations of 7th CPC and if so, the details thereof and the reasons therefor; and

(e) whether his Ministry has also approved the short term certificate courses/ programmes which are neither formal degree nor diploma in allied health sciences and run under the aegis of Ministry of Skill Development and are very contrary to the core curricula designed by his Ministry in terms of course content and duration of courses etc., if so, the reaction of the Govt. thereto?

Answer

The MoS, MoH&FW (Smt. Anupriya Patel)

(a): Yes. The draft notification to amend the Clinical Establishments (Central Govt.) Rules, 2012 regarding minimum standards of Medical Diagnostic Laboratories is available on the website of Clinical Establishment Act <clinicalestablishments.gov.in>.

(b): As per the information received from ICMR most of the work of clinical and research laboratories is performed and supervised by professionally qualified and technically competent technical staff and Scientists having B.Sc., M.Sc., Ph.D and MBBS, MD qualification.

As far as Central Govt. hospitals in Delhi, viz., Safdarjung Hospital and Lady Hardinge Medical College & Associated Hospitals are concerned, all the diagnostic work is performed and supervised by professionally qualified and technically competent MBBD/MD professionals.

(c): The cadre of the Medical Laboratory Staff of Central Govt. Hospitals in Delhi namely Safdarjung, Dr. RML and Lady Hardinge Medical College and Associated

46

Hospitals has already been restructured and implemented by giving benefits of 7th CPC.

(d): The order containing condition for payment of HPCA/PCA after implementation of 7th CPC has not been issued so far. The matter is under consideration in this Ministry in consultation with Ministry of Finance.

(e): This Ministry has developed a Course Curricula for short term skill training. The National Skill Qualification Framework level of the skill development curricula is kept lower than the level of Diploma and Degree in core allied health courses developed by this Ministry. A skilled worker will only reach the higher levels after acquiring adequate qualification (either Diploma or Degree) through an accredited institute/university. There are no contradictions in the short term courses as compared to the core curricula developed by the Ministry.

[GoI MoH&FW Lok Sabha Unstarred Qn.No.6554 Answered on 6-4-2018; www.staffnews.in]

Aadhaar Card as ID Proof

‘Prisons’ is a State subject as per entry 4 of List II of the Seventh Schedule to the Constitution of India. The administration and management of prisons is primarily the responsibility of respective State Govt. However, the MoHA has advised all States and Union Territories to make use of Aadhaar for identification of visitors to ensure that facilities are being availed by authorized individuals. The MoHA has also advised all States and UTs that prison inmates should also be Aadhaar seeded so that various aspects of day to day prison administration like production before court, return to prison, transport, health facilities, interview, free legal aid, parole, temporary release mechanism, educational/vocational training, release from prison etc. can be regulated by use of Aadhaar. These advisories are also available on Ministry’s Website, viz. www.mha.gov.in

This was stated by the MoS for Home Affairs, Shri Hansraj Gangaram Ahir in a written reply to a question in the Lok Sabha today.

[GoI MoHA PIB dated 3-4-2018; www.govtempdiary.com

.o.

47