RELAXATION OF CCS (CONDUCT) RULES AND CCS(CCA) RULES

A written answer was given in the Rajya Sabha to the questions about the subject of relaxation of CCS (Conduct) Rules and CCS(CCA) Rules by the Minister of State in the Ministry of Personnel, Public Grievances and Pensions Shri.V.Narayanasamy as follows...

There are some provisions to relax the Central Civil Services (Conduct) Rules, 1964 and Central Civil Services (Classification, Control and Appeal) Rules, 1965...

So far as CCS (Conduct) Rules, 1964 are concerned, the Central Government can relax the requirements of any Rule to such extent and subject to such conditions as it may consider necessary, for dealing with the case in a just and equitable manner. However, any order of the Central Government which may be issued relaxing the requirement of any Rules in any particular case should be authenticated as an order of the President in accordance with the requirements of Article 77 of the Constitution.

So far as CCS (CCA) Rules, 1965 are concerned, power to relax time limit or to condone delay vests with the authority competent under these Rules to make any order for good and sufficient reasons or if sufficient cause is shown, extend the time limit in these rules for anything required to be done under these rules or condone any delay.

Related orders...

Government of India is fully competent to modify, relax or dispense with any rules to prevent hardships in any individual case.

Where the Central Government is satisfied that the operation of any rule regulating the conditions of service of Union Government servants, or any class of such Government servants, causes undue hardship in any particular case, it may, by order, dispense with or relax the requirements of that rule to such extent and subject to such conditions as it may consider necessary, for dealing with the case in a just and equitable manner. In this rule, the expression "Union Government servants" means all persons whose conditions of service may be regulated by rules made by the President under the proviso to Article 309 or clause (5) of Article 148 of the Constitution.

[MHA Notification No. 108/54-Ests.(A), dated 20th November, 1954]

Power to relax time-limit and to condone delay

Save as otherwise expressly provided in these rules, the authority competent under these rules to make any order may, for good and sufficient reasons or if sufficient cause is shown, extend the time specified in these rules for anything required to be done under these rules or condone any delay.

[http://www.persmin.gov.in/DOPT/EmployeesCorner/Acts_Rules/ccs(cca)/ccstotal1.htm]

DECLARATION OF THE NATIONAL CONVENTION OF WORKERS, HELD AT NEW DELHI, ON 04.09.2012

NATIONAL CONVENTION OF WORKERS 4TH SEPTEMBER, 2012

DECLARATION

This National Convention of Workers held on 4th September, 2012 at Talkatora Stadium. New Delhi, participated by workers representatives from all over India from all sectors, expresses its deep concern and anguish at the total non-response of the Govt. to address the burning Issues of the working people viz containing price-rise, universalisation of social security rights for unorganized sector workers, ensuring proper minimum wages, mass scale contractorisation, rampant violation of labour laws and onslaught on trade union rights etc., despite consistent persuasion by all in united platform of the entire trade union movement in the country through various forms of countrywide programmes and agitations in a democratic manner since last three years. Such non-response of Govt. to the all-in-united activities and persuasion by trade unions is nothing but an affront on the democratic rights and aspirations of the working people of the country, which the trade union movement cannot accept lying down.

While condemning the government for Its inaction and total indifference towards the miserable plights of the working people who keep the wheel of the economy moving, this National Convention strongly opposes the move of the Govt. to curtail budgeted allocations for pro-people employment and welfare schemes like NREGA and ICDS meant for rural populace and women and child care respectively. The Govt. is hell bent upon carrying the financial reforms by amending the bank and insurance laws to allow entry of MNCs and Corporates in these vital sectors and also pushing through the privatization process in phases through disinvestment of shares in blue chip PSUs In the core and strategic sectors of the economy. The Govt. is gifting natural and mineral resources of the country to corporates and MNCs paving the way for their loot.

Labour law violations are on increase, corporates have been given tree hand to suppress democratic trade union rights including the basic right of forming a trade union and increase in deployment of contract labour on jobs of regular nature. Many millions of workers employed to run several central govt. schemes, like ICDS, ASHA, mid-day-meal, sarva-silksha etc are being denied even the statutory minimum wages and associated rights. The state administration has become subservient to MNCs, and Corporates. The recent unfortunate incident in Maruti Suzuki Plant in Manesar and its aftermath including arrest of 150 workers and dismissal of over 500 workers is a glaring instance of corporate govt. nexus.

It appears the govt. is bent upon continuing the same anti people economic policy even seeking to enact legislations that run contrary to the interest of working people and their social security rights besides generating a severe recessionary impact on the national economy. The growth of economy is as low as 5.2 and index of industrial production declining to less than 1 percent with unemployment situation aggravating severely.

The Convention expresses its deep concern at the refusal of the Central Govt. to respond to the just demands of the united platform of trade unions on which the country had witnessed, as never before, a massive general strike on 28th February 2012.

This Convention while taking note of the precarious economic situation of the country, steep rise in the price of essential goods and commodities and all out attack on trade union aid social security rights and rampant labour law violations decides to further intensify the joint struggles, that were being carried out lot last three years on the following demands.

While reiterating the live point demands formulated jointly by the Central Trade Unions and Federations for 1) concrete measures to contain price rise, 2) concrete measures for employment generation, 3) strict enforcement of labour laws, 4) universal social security cover for organized and unorganized workers and creation of National Social Security Fund and 5) stoppage of disinvestment in Central and State PSUs/ Undertakings, the National Convention demands immediate action by the Govt. of India to ensure :-

No Contractorisation of work of permanent/perennial nature and payment of wages and benefits to the contract workers at the same rate as available to the regular workers of the industry/establishment

Amendment of Minimum Wages Act to ensure universal coverage irrespective of the schedules and fixation of statutory minimum wage at not less than Rs.10,000/- linked with cost price Index.

Remove all ceilings on payment and eligibility of Bonus, Provident Fund; Increase the quantum of gratuity.

Assured Pension for all

Compulsory registration of trade unions within a period of 45 days and immediate ratification of the ILO Conventions Nos. 87 and 98.

The National Convention adopts the following action programme to press for once again the above burning issues facing the working people:

Programme:

Stated / district / sector level Joint Conventions during September, October and November 2012

Satyagraha /Jail Bharo / Court Arrest on 18th / I9th December2012 in all the states through out the country

March to Parliament on 20th December2012 (mobilization by the unions from the states adjoining Delhi)

Countrywide Two Days General Strike on 20th and 21st February 2013.

The National Convention appeals to the working people of the country and their unions/federations irrespective of affiliations to respond in a massive way the call for countrywide united struggle and participate enmasse in the action programmes formulated by this all-in united platform of workers and employees to press for these vital demands embracing all sections of the toiling class.

BMS                INTUC                        AITUC                        HMS                CITU

AIUTUC          TUCC                         AICCTU                      UTUC             LPFSEWA

And Independent Federations of Workers and Employees

RESERVATION FOR SC/SCT IN PROMOTIONS.

Union Cabinet clears the proposal to introduce Constitution amendment bill in the ongoing session on Parliament for enacting Reservation for SC/SCT in promotions.

The government today cleared a proposal that would allow it to provide reservation for Scheduled Castes and Scheduled Tribes in promotion in state jobs.

The Union Cabinet, at a meeting chaired by Prime Minister Manmohan Singh, approved the proposal for making provisions for quotas for SC/STs in promotions in government jobs.

The Cabinet nod clears the decks for introduction of a Constitution Amendment Bill in the ongoing session of Parliament, which has been a long-standing demand of all parties, barring the Samajwati Party.

An all-party meeting, convened by the Prime Minister on August 21, had discussed the issue of reservation in promotion specifically in the wake of the decision of the Supreme Court striking down reservation in promotion to SCs and STs in Uttar Pradesh.

Most political parties had favoured a legally sustainable legislation in the backdrop of the Supreme Court order.

The proposed bill seeks to amend at least four articles of the Constitution to enable the government to provide quota in promotions to SC/STs. BSP leader Mayawati had raised the issue in Parliament after the Supreme Court had on April 28 struck down her government’s decision in this regard.

Parliament had witnessed disruptions on the issue in the current as well as previous session.

Source: Hindustan Times

RETIREMENT BENEFITS : DEFINED BENEFIT PENSION SCHEME AND NEW PENSION SCHEME TO RETIRED CENTRAL GOVERNMENT EMPLOYEES.

In Lok Sabha, Minister of Personnel, Public Grievances and Pensions Shri.V.Narayanasamy replied to a question about the welfare schemes for retired employees on 22nd August, 2012.

          The Central Government employees appointed before 1.1.2004 and governed by the Defined Benefit Pension Scheme, on their retirement, are granted a monthly pension equal to 50% of their last pay drawn. However, the minimum pension granted to retired employees is Rs.3,500/- per month. Old Pensioners of the age of 80 years and above are granted additional pension ranging from 20% to 100% of their basic pension. 

The pensioners are also granted dearness relief from time to time based on the All India Consumer Price Index. The present rate of Dearness Relief is 65% of the pension. The pensioners are also provided medical facilities/fixed medical allowance to take care of their health.

 
The Government employees appointed on or after 1.1.2004 and governed by the New Pension System can withdraw 60% of their savings as a lumpsum when they retire. The balance 40% of their wealth is used to purchase an annuity scheme from a life insurance company of their choice, which will pay him/her a monthly pension for the rest of his/her life. In case the employees leave the New Pension Scheme prior to age of 60, the mandatory anuitization would be 80% of the pension wealth. 

SMS FACILITY FOR INDENTED MEDICINES TO CGHS BENEFICIARIES.

           The service of SMS facility for indented medicines is now provided by NIC to CGHS beneficiaries with effect from 6.7.2012. This information was given by the Minister Shri.Ghulam Nabi Azad in Lok Sabha.

SMS FACILITIES FOR INDENTED MEDICINES
SMS facility has been started since 6th July 2012. Currently the service is provided by NIC, free to CGHS.
The beneficiaries are given the printout of prescription by doctors, which carries the details whether the medicine is available in the Wellness Centre or is indented.
SMS facility has been started
•(i) As a deterrent against misuse of CGHS card by unauthorized persons. 
•(ii) As a good will gesture that CGHS takes care of the beneficiaries. 
Currently the service is provided by NIC, free to CGHS.

PROPOSED CAMPAIGN PROGRAMME OF NFPE LEADERS

 FOR STRIKE DATED 12.12.2012

Circles	Name of leaders	Stations to be visited
Andhra Pradesh		Hyderabad 21.11.12	Kurnool 22.11.12	Vijaawada 23.11.12	Vishakhapatnam 24.11.12
Assam		Dibrugarh 20.11.12	Nagaon 21.11.12	Guwahati 22.11.12
Bihar		Patna 26.11.12	Gaya 27.11.12	Muzaffarpur 28.11.12	Begusarai 29.11.12	Motihari 30.11.12
Chhattisgarh		Raipur 28.11.12	Bilaspur 29.11.12	Rajgarh 30.11.12
Delhi		New Delhi 4.12.12
Gujarat		Ahmedabad 22.11.12	Rajkot 23.11.12	Vadodara 26.11.12
Haryana		Ambala 19.11.12
Himachal Pradesh		Shimla 26.11.12	Mandi 28.11.12	Dharmshala 29.11.12
Jharkhand		Ranchi 19.11.12	Jamshedpur 20.11.12
J&K		Jammu 24.11.12
Karnataka		Bangalore 26.11.12	Mysore 27.11.12	Hasan 28.11.12	Mangalore 29.11.12		Hubli 30.11.12
Kerala		Kannur 13.11.12	Trichur 14.11.12	Kollam 15.11.12
Maharashtra		Nagpur 19.11.12	Pune 20.11.12	Mumbai 21.11.12	Aurangabad 22.11.12		Goa 24.11.12
M.P.		Gwalior 28.11.12	Indore 29.11.12	Bhopal 30.11.12	Jabalpur 01.12.12
North East		Shillong 23.11.12	Agartala 25.11.12	Imphal 27.11.12
Orissa		Bhubaneshwar 17.11.12	Cuttack 20.11.12	Sundergarh 21.11.12	Sambhalpur 22.11.12		Berhampur 23.11.12
Punjab		Chandigarh 20.11.12	Ludhiyana 21.11.12	Jullandhar 22.11.12	Amritsar 23.11.12
Rajasthan		Jaipur 19.11.12	Jodhpur 20.11.12	Ajmer 21.11.12
Tamil Nadu		Trichey 19.11.12	Madurai 20.11.12	Coimbatore 21.11.12	Chennai 22.11.12		Pondicherry 24.11.12
Uttrakhand		Dehradun 29.11.12
U.P.		Meerut 01.11.12	Barelley 02.11.12	Agra 03.11.12	Jhansi 05.11.12		Kanpur 06.11.12
		Lucknow 07.11.12	Allahabad 08.11.12	Varanasi 09.11.12	Gorakhpur 10.11.12
West Bengal		Kolkata 26.11.12	Malda 27.11.12	Siliguri 28.11.12	Sikkim 29.11.12		Andman 24.11.12
		Asansol 21.11.12

Note: 1. All General Secretaries are requested to intimate the name of Leaders for Tour in Circles immediately latest by 06.09.2012.

2. All NFPE Office Bearers / All General Secretaries /All Circle Secretaries of NFPE Unions are requested to suggest any change if they require as per their convenience  by 06.09.2012.

3. After getting feedback from leaders the programme will be finalized