NEW PENSION SCHEME MOF LETTER
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REVISION OF FINANCIAL POWERS TO HEADS OF CIRCLES IN THE DEPARTMENT OF POSTS [ORDER DATED 08.01.2019] To view please Click Here.
QUESTIONS ON NEW SYSTEM FOR PROMOTION LOKSABHA Q & A
GOVERNMENT OF INDIA
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
LOK SABHA
UNSTARRED QUESTION NO. 3529
(TO BE ANSWERED ON 02.01.2019)
NEW SYSTEM FOR PROMOTION
MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS
(DEPARTMENT OF PERSONNEL AND TRAINING)
LOK SABHA
UNSTARRED QUESTION NO. 3529
(TO BE ANSWERED ON 02.01.2019)
NEW SYSTEM FOR PROMOTION
3529. DR. BOORA NARSAIAH GOUD:
Will the PRIME MINISTER be pleased to state:
(a) whether the Government is proposing to have a new system introduced to assess the integrity and reputation of bureaucrats on the basis of which promotion is given;
(b) if so, the services that are going to be considered and from when this is likely to be introduced;
(c) whether there is a proposal to send these guidelines to the States; and
(d) if so, the details thereof?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES
AND PENSIONS AND MINISTER OF STATE IN THE PRIME MINISTER’S OFFICE
(DR. JITENDRA SINGH)
(a) to (d): Promotions are given in accordance with the provisions in the Recruitment Rules / Service Rules for the respective posts. The consolidated guidelines on Departmental Promotion Committees (DPC) for making recommendations in regard to fitness of officials for promotion have been issued vide Department of Personnel & Training’s OM No. 22011/5/1986-Estt.(D) dated 10.04.1989. The policy contained in this OM with regard to Benchmark, assessment of fitness, sealed cover procedure in respect of officers under cloud, zone of consideration for promotion, and other related matters has been reviewed and amended from time to time. The important amendments made in the promotion guidelines during past three years are as under:
i. OM No. 22011/3/2013-Estt. (D) dated 25/01/2016 regarding promotion of Government Servants exonerated after retirement-procedure and Guidelines to be followed.
ii. OM No. 22011/4/2007-Estt. (D) dated 21/11/2016 regarding Guidelines on treatment of effect of penalties on promotion – role of Departmental Promotion Committee.
iii. OM No. 22011/4/2013-Estt.(D) dated 08/05/2017 regarding procedure to be observed by the Departmental Promotion Committees(DPCs) – Model Calendar for DPCs -relevant year up to which APARs are to be considered and Model Calendar for conducting DPCs and crucial date for eligibility.
iv. OM No. 22011/3/2013-Estt. (D) dated 15/11/2018 regarding promotion of Government servants found fit by review DPC after retirement – procedure and guidelines to be followed.
These instructions are applicable to all Central Government Civilian Employees and Central Services except Railways Services and services under the control of the Department of Atomic Energy, the erstwhile Department of Electronics, the Department of Space and the Scientific and Technical Services under the Department of Defence Research and Development.
The state services are under Schedule VII of Constitution and States are empowered to make rules under Article 309 in respect of services and posts under them.
WITHDRAWAL FROM NEW PENSION SCHEME
Ministry of Finance
Withdrawal from New Pension Scheme
Posted On: 08 JAN 2019 5:29PM by PIB Delhi
Government has allowed premature withdrawal from New Pension Scheme Fund. A subscriber is eligible for three partial withdrawals during the period of subscription under National Pension System (NPS), each withdrawal not exceeding twenty-five percent of the contributions made by the subscriber and excluding contributions made by the employer. There is, however, no restriction on withdrawals from the Tier-II account of the subscriber. Further, keeping in view the possibility of sudden financial needs of the subscribers, the requirement of minimum period under National Pension System (NPS) for availing the facility of partial withdrawal from the mandatory Tier-I account of the subscriber has been reduced from 10 years to 3 years from the date of joining w.e.f. 10th August, 2017. The minimum gap of 5 years between two partial withdrawals has also been removed w.e.f. 10th August, 2017.
On 06.12.2018, Government has approved the following proposals pertaining to choice of Pension Fund and investment pattern for Central Government subscribers under NPS:
· Choice of Pension Fund: Central Government subscribers will be allowed to choose any one of the pension funds including Private sector pension funds. They could change their option once in a year. However, the current provision of combination of the Public-Sector Pension Funds will be available as the default option for both existing as well as new Government subscribers.
· Choice of Investment Pattern: The following options for investment choices will be offered to Central Government employees:
- Government employees who prefer a fixed return with minimum amount of risk may be given an option to invest 100% of the funds in Government securities (Scheme G).
- Government employees who prefer higher returns may be given the options of the following two Life Cycle based schemes.
o Conservative Life Cycle Fund with maximum exposure to equity capped at 25% at the age of 35 years and tapering off thereafter (LC-25).
o Moderate Life Cycle Fund with maximum exposure to equity capped at 50% at the age of 35 years and tapering off thereafter (LC-50).
In case an employee does not submit any choice, the existing allocation of funds shall continue as the default option.
This was stated by Shri Shiv Pratap Shukla, Minister of State for Finance in written reply to a question in Rajya Sabha today.
Ministry of Social Justice & Empowerment
Income limit for Creamy Layer
Posted On: 08 JAN 2019 2:42PM by PIB Delhi
The erstwhile Ministry of Welfare had constituted the Expert Committee and on its basis Department of Personnel and Training has issued Office Memorandum Vide No.36033/3/2004-Estt. (Res) dated 9th March, 2004 on the subject “Revision of Income criteria to exclude socially advanced persons/sections (Creamy Layer) from the purview of reservation for other Backward Classes (OBCs)”. In the Office Memorandum dated 08th September 1993, and for the category VI of the Schedule, the following explanations were also mentioned:-
- Income from salaries or agricultural land shall not be clubbed;
- The income criteria in terms of rupee will be modified taking into account the change in its value every three years. If the situation, however, so demands, the interregnum may be less.
In para 27 of the Report, the Expert Committee of 1993 had observed the following:
“In addition to the above, we have to say that the income/wealth test governs categories IV, VB and VC as stated earlier. For the remaining categories, namely I, II,III and VA, specific criteria have been laid down; however, if in these categories, any person, who is not disentitled to benefit of reservation, has income from other sources or wealth, which will bring him within the criterion under Item No.VI, then he shall be disentitled to reservation, in case his income-without clubbing his income from salaries or agricultural land – or his wealth is in excess or cut-off points prescribed under the income/wealth criteria.”
From the reading of para-27 of the Expert Committee Report, it is clear that the Explanation (i) given below to Category VI of Schedule to OM dated 08.09.1993, that income from salaries or agricultural land shall not be clubbed would be applicable only in respect of category VI(b). Hence as per provision of O.M. dated 08.09.1993, the salary of the parents of the candidates, who are working in PSUs, PSBs etc., was taken into account for determining their Creamy Layer status, till such time the equivalence vis-à-vis Government posts is established.
The erstwhile National Commission for Backward Classes (NCBC) in 2011 had recommended Rs. 9 lakh for Rural and Rs. 12 lakh for Urban for income limit for creamy layer.
In the year of 2015, the erstwhile National Commission for Backward Classes had recommended Rs. 15 lakh for income limit for Creamy layer.
The Cabinet in 2004 had decided to follow the Consumer Price Index (CPI) principle which has been adopted and not the formula recommended by NCBC.
This information was given by Minister of State for Social Justice and Empowerment Shri Krishan Pal Gurjar in a written reply in Lok Sabha today.
RESERVATION PROVISIONS FOR SC/ST/OBC PIB
Reservation Provisions for SC/ST/OBC
Reservation in admission of students belonging to Scheduled Castes (SCs), Scheduled Tribes (STs) and Other Backward Classes (OBCs) in Central Educational Institutions established, maintained or aided by the Central Government is enforced through the Central Educational Institutions (Reservation in Admissions) Act, 2006 as amended from time to time. At present there is no proposal under consideration of Government to enact legislation for implementing reservation in services under the Central Government and its Public Sector Undertakings.
The policy of reservation in services is administered through executive instructions. The Hon’ble Supreme Court in the case of Indira Sawhney vs. Union of India (W.P. No. 930 of 1990) has held that these instructions have the force of law.
This information was given by Minister of State for Social Justice and Empowerment Shri Vijay Sampla in a written reply in Lok Sabha today.
Source: PIB (10.01.2019)
