Important highlights of Persmin – Year end review 2013

Important highlights of Persmin – Year end review 2013

Year End Review-2013 Ministry of Personnel, Public Grievances & Pensions.

LOKPAL AND LOKAYUKTAS BILL PASSED BY PARLIAMENT

AWARENESS ABOUT GOOD GOVERNANCE INITIATIVES

SIMPLIFICATION OF PROCEDURE FOR PAYMENT OF FAMILY PENSION

During the year 2013, passing of the Lokpal and Lokayuktas Bill, 2011 release of documentary films on good governance initiatives, guidelines for suo motu disclosure, launching of internship scheme and simplification of procedure  for payment of family pension were some of the important highlights of the Ministry of Personnel, Public Grievances & Pension.

Lokpal and Lokayuktas Bill

The historic Lokpal and Lokayuktas Bill, 2011 passed by Parliament (December 17, 2013 in Rajya Sabha and December 18, 2013 in Lok Sabha) paves the way for setting up of the institution of  Lokpal at the Centre and  Lokayuktas in States by law enacted by the respective State Legislatures within one year of coming into force of the Act.    The new law provides for a mechanism for dealing with complaints of corruption against public functionaries, including those in high places.

Salient Features of the Bill
The Bill as passed by Parliament provided broadly for the following:
(a) Establishment of the institution of Lokpal at the Centre and Lokayuktas at the level of the States, thus providing a uniform vigilance and anti-corruption road-map for the nation, both at the Centre and the States.

(b) The Lokpal to consist of a Chairperson and a maximum of eight Members, of which fifty percent shall be judicial Members. Fifty per cent of members of Lokpal shall be from amongst SC, ST, OBCs, Minorities and Women.

(c) The selection of Chairperson and Members of Lokpal shall be through a Selection Committee consisting of –

  • Prime Minister;
  • Speaker of Lok Sabha;
  • Leader of Opposition in the Lok Sabha;
  • Chief Justice of India or a sitting Supreme Court Judge nominated by CJI;
  • An eminent jurist to be nominated by the President of India

(d) A Search Committee will assist the Selection Committee in the process of selection.  Fifty per cent of members of the Search Committee shall also be from amongst SC, ST, OBCs, Minorities and Women.

(e) Prime Minister was brought under the purview of the Lokpal with  subject matter exclusions and specific process for handling complaints against the Prime Minister.

(f) Lokpal’s jurisdiction will cover all categories of public servants including Group ‘A’, ‘B’, ‘C’ & ‘D’ officers and employees of Government.  On complaints referred to CVC by Lokpal, CVC will send its report of Preliminary enquiry in respect of Group ‘A’ and ‘B’ officers back to Lokpal for further decision.  With respect to Group ‘C’ and ‘D’ employees, CVC will proceed further in exercise of its own powers under the CVC Act subject to reporting and review by Lokpal.

(g) All entities receiving donations from foreign source in the context of the Foreign Contribution Regulation Act (FCRA) in excess of Rs. 10 lakhs per year are brought under the jurisdiction of Lokpal.

(h) Lokpal will have power of superintendence and direction over any investigation agency including CBI for cases referred to them by Lokpal.

(i) A high powered Committee chaired by the Prime Minister will recommend selection of the Director, CBI.

(j) Attachment and confiscation of property of public servants acquired by corrupt means, even while prosecution is pending.

(k) Clear time lines for:-

  • Preliminary enquiry – three months extendable by three months.
  • Investigation – six months which may be extended by six months at a time.
  • Trial – one year extendable by one year and, to achieve this,  special courts to be set up.

(l) Enhancement of maximum punishment under the Prevention of Corruption Act from seven years to 10 years.  The minimum punishment under sections 7, 8, 9 and 12 of the Prevention of Corruption Act will now be three years and the minimum punishment under section 15 (punishment for attempt) will now be two years.

Guidelines for Suo Motu Disclosure by Central Government Ministries/Departments:

Government issued guidelines for suo motu disclosure by Central Government Ministries/Departments and Public Authorities there under. These guidelines are based on the recommendation of the Task Force set up by the Government for strengthening compliance with provisions for suo motu (proactive) disclosure as given in Section 4 of the RTI Act, 2005.

The following points:-

a) Suo motu disclosure of more items under Section 4 – This includes detailed guidelines on proactive disclosure of information related to procurement, public private partnerships, transfer policy and transfer orders, RTI applications received and their responses, CAG and PAC paras, citizens charter and Discretionary and Non – discretionary grants.

b) Guidelines for digital publication of proactive disclosure to ensure that the Government websites’ disclosure is complete, easily accessible, technology and platform neutral and user friendly.

c) Detailing of few sub-clauses of Section 4 (1)(b) of the RTI Act regarding publishing of information by the public authority viz “the procedure followed in the decision making process”, “norms set by the public authority for the discharge of its functions”, “the budget allocated to each of its agency” and “ details in respect of information, available to or held by it, reduced in an electronic form”.

Release of Documentary films on Good Governance Initiatives:

Union Minister of State for Personnel, Public Grievances & Pensions and PMO Shri V. Narayanasamy and Minister of Information & Broadcasting Shri Manish Tewari  released seven documentary films on good governance initiatives.   Six films have been produced by the Department of Administrative Reforms and Public Grievances and one by the Department of Pensions and Pensioners’ Welfare with an objective to promote good governance initiatives in the country.

The Department of Administrative Reforms & Public Grievances has been documenting and disseminating best practices of the Central and State Governments through various modes of communication such as documentary films, books, workshops and Conferences with an objective to promote the successful initiatives and facilitate their replication elsewhere in the country.

The documentary films are meant for diverse audiences such as probationers & other officers in national academies and State training institutes; delegates in conferences, seminars and meetings at Central, State, District, Panchayat levels; and for telecast on national network of Doordarshan or other television channels for general public.

Simplification of Procedure for Payment of Family Pension:

The Government has decided that an employee/pensioner/family pensioner may at anytime make a request to the Appointing Authority for advance approval to the grant of family pension for life to a permanently disabled child/sibling or dependent parents. On the basis of this approval, authorisation shall be made in the original Pension Payment Order (PPO) at the time of retirement or by issuing a revised authority. The permanently disabled child/sibling/ dependent parents will receive family pension at the appropriate time, i.e., after the death of employee/pensioner and/or after the death/ineligibility of any other member in the family who was eligible to receive family pension prior to the disabled child/sibling/dependent parents.

Where there are other eligible prior claimants to family pension, the names of disabled child/children/dependent parents/permanently disabled sibling will be added to the PPO issued to the preceding eligible family pensioner. Family pension to these permanently disabled child/children/siblings/dependent parents will be payable after the death/ineligibility of the prior claimant, as the case maybe.

Grant of Family Pension to the family of missing employee/pensioner

Family pension is payable to the family of a Government employee or pensioner after his death. Difficulties in payment arise when a Government Servant or pensioner goes missing. Clarificatory instructions were issued by the Central Government for payment of benefits in such cases.  According to these instructions, the family must lodge a report with the concerned police station and obtain a report from the police, that the employee or pensioner or family pensioner has not been traced despite all efforts made by them.   The report may be a First Information Report or any other report such as a Daily Diary or General Diary Entry.

The family can apply for the grant of family pension, amount of salary due, leave encashment due and the amount of GPF and gratuity (whatever has not already been received) to the Head of Office of the organisation where the employee or pensioner had last served, six months after lodging of police report.  The amount of salary due, leave encashment due and the amount of GPF will be paid to the family in the first instance as per the nominations made by the employee or pensioner on filling of a police report and submission of an indemnity bond.

DoPT Launched Internship Scheme, 2013 from September 01

The Department of Personnel and Training, Government of India initiated an Internship Scheme from September 01, 2013 to engage Indian Nationals, who are Graduate /Post Graduate or Research Students enrolled in reputed University/Institution within India or abroad and preferably specializing in HR and associated subjects in Public Policy and Public Administration, as “Interns”. These interns would be expected to supplement the process of policy analysis within the Department through desirable empirical collection and collation of in-house and other information.  The exposure for the interns to the functioning of the Indian Government may be an add-on in furthering their own career goals in the Non Profit Organisation (NPO) Sector or International Organizations. The internship shall be for a minimum period of 2 months but shall not exceed 6 months in individual cases.

The DoPT identified ten topics for the Interns. The topics are: Analysis of cases disposed of by Central Administrative Tribunal; Collection of Data on Reservation from Ministries and its analysis; Issues relating to Anti-Corruption Law; Issues relating to punishment of Government employees for unethical behavior; Exit policies for inefficient public servants; Best HR practices; Service Conditions; Expectations of Persons with Disabilities employees; Impact evaluation of Mid-Career Training Program of Central Secretariat Service (CSS) Central Secretariat Stenographers Service (CSSS) and Revising methodology of training program.

Eighth Annual Convention of Central Information Commission:

The two day 8th Annual Convention of Central Information Commission was held at New Delhi and  inaugurated by the President of India. Shri Ramachandra Guha, noted historian and columnist delivered the keynote address on Democracy in India: Mid-life Crisis.  This year the theme of the convention was “Eight years of RTI: A Retrospective”.

The two day convention had three technical sessions on RTI and inclusive growth, RTI-an anti-corruption tool and Media and RTI with eminent panellists taking part in these sessions.  The participants included the Information Commissioners of both the Central and State Information Commissions and many RTI and civil society activists, information officers and media personnel took lively interest in all the panel discussions and engaged the panellists in extremely interesting discussions.

Certificate of Excellence to the meritorious employees of Department of Personnel &Training

Shri V.Narayanasamy, Minister of State for Personnel, Public Grievances and Pensions presented “Certificate of Excellence” to thirty three employees of the Department of Personnel and Training for their services during the year 2012-13 in New Delhi.  Recognition of meritorious performance of Government employees is a critical management tool to encourage such employees and also to motivate all the employees to emulate their example.

Department of Personnel & Training has, for the first time, introduced a new non–monetary incentive scheme from this year in the form of award of ‘Certificate of Excellence’ to recognize the contribution of its meritorious employees of the level of Multi Tasking Staff to Under Secretary.  This certificate recognizes the dedication to work, excellence in performance and outcome achieved during the year 2012–2013.

DOPT issued ‘Frequently Asked Questions’ (FAQ) on ‘Right to Information Act’ (RTI)

DOPT issued FAQ on RTI

Department of Personnel and Training has issued an another clarifications on Right to Information Act (RTI) as in the form of FAQ. Nearly seventeen questions and answers are compiled with simple and effective information. We reproduced the contents of the FAQ and given below for your reference…

FREQUENTLY ASKED QUESTIONS (FAQs) ON RTI (AS ON JANURARY 2012)

Q.1. What is Information?
Information is any material in any form. It includes records, documents, memos, e-mails, opinions,  advices, press releases, circulars, orders, logbooks, contracts, reports, papers, samples, models, data
material held in any electronic form. It also includes information relating to any private body which can be accessed by the public authority under any law for the time being in force.

Q.2 What is a Public Authority?
A “public authority” is  any authority or body or institution of self government established or constituted by or under the Constitution; or by any other law made by the Parliament or a State Legislature; or by notification issued or order made by the Central Government or a State Government. The bodies owned, controlled or substantially financed by the Central Government or  a State Government and non-Government organisations substantially financed by the Central Government or a State Government also fall within the definition of public authority.  The financing of the body or the NGO by the Government may be direct or indirect.

Q.3 What is a Public Information Officer?
Public authorities have designated some of its officers as Public Information Officer.  They are responsible to give information to a person who seeks information under the RTI Act.

Q.4 What is an Assistant Public Information Officer?
These are the officers at sub-divisional level to whom a person can give his RTI application or appeal.  These officers send the application or appeal to the Public Information Officer of the  public authority or the concerned appellate authority.  An Assistant Public  Information Officer is not responsible to supply the information. The Assistant Public Information  Officers appointed by the
Department of Posts in various post offices are working as Assistant Public Information Officers for all the public authorities under the Government of India.

Q.5. What is the Fee for Seeking Information from Central Government Public Authorities?
A person who desires to seek  some information from a Central Government Public Authority is required to send, along with the application, a demand draft or a banker’s cheque or an Indian Postal Order of Rs.10/- (Rupees ten), payable to the Accounts Officer of the public authority as fee prescribed for seeking information.  The payment of fee can also be made by way of cash to the Accounts Officer of the public authority or to the Assistant Public Information Officer against proper receipt.  However, the RTI Fee and the mode of payment may  vary as under Section 27 and Section 28, of the RTI Act, 2005 the  appropriate Government and the competent authority, respectively, by notification  in the Official Gazette, make rules to carry out the provisions of this Act.

Q.6. What is the Fee for the BPL applicant for Seeking Information?
If the applicant belongs to below poverty line (BPL) category, he is not required to pay any fee. However, he should submit a proof in support of his claim to belong to the below poverty line.

Q.7. Is there any specific Format of Application?
There is no prescribed format of application for seeking information. The application can be made on plain paper. The application should, however, have the name and complete postal address of the applicant.

Q.8. Is it required to give any reason for seeking information?
The information seeker is not required to give reasons for seeking information.

Q.9. Is there any provision for  exemption from Disclosure of Information?
Sub-section (1) of section 8  and section 9 of the Act enumerate the types of information which is exempt from disclosure.  Sub-section (2) of section 8, however, provides that information exempted under sub-section (1) or exempted under the Official Secrets Act, 1923 can be disclosed if public interest in disclosure overweighs the harm to the protected interest.

Q.10. Is there any assistance available to the Applicant for filing RTI application?
If a person is unable to make a request in writing, he may seek the help of the Public Information  Officer to write his application and the Public Information Officer should render  him reasonable assistance.  Where a decision is taken to give access to a sensorily disabled person to any document, the Public Information Officer, shall provide such assistance to the person as may be appropriate for inspection.

Q.11. What is the Time Period for Supply of Information?
In normal course, information to an applicant shall be supplied within 30 days from the receipt of application by the public authority.  If information sought concerns the life or liberty of a person, it shall be supplied within 48 hours.  In case the application is sent through the Assistant Public Information Officer or it is sent to a wrong public authority, five days shall be added to the period of thirty days or 48 hours, as the case may be.

Q.12. Is there any provision of Appeal under the RTI Act?
If an applicant is not supplied information within the prescribed time of thirty days or 48 hours,  as the case may be, or  is not satisfied with the information furnished to him,   he may prefer an appeal to the first appellate authority who is an officer senior in rank to the Public Information Officer.  Such an appeal, should be filed within a period of thirty days from the date on which the limit of 30 days of supply of information is expired or from the date on which the information or decision of the Public Information Officer is received. The appellate authority of the public authority shall dispose of the appeal within a period of thirty days or in exceptional cases within 45 days of the receipt of the appeal.

Q.13. Is there any scope for second appeal under the RTI Act?
If the first appellate authority fails to pass an order on the appeal within the prescribed period or if the appellant is not satisfied with the order of the first appellate authority, he may prefer a second appeal with the Central Information Commission within ninety  days from the date on which the decision should have been  made by the first appellate authority or was actually received by the appellant.

Q.14. Whether Complaints can be made under this Act? If yes, under what conditions?
If any person is unable to submit a request to a  Public Information Officer either by reason that such an officer has not been appointed by the concerned public authority; or the Assistant Public Information Officer has refused to accept his or her application or appeal for forwarding the same to the Public Information Officer or the appellate authority, as the case may be;  or  he has been refused access to any information requested by him under the RTI Act; or he has not been given a response to a request for information within the time limit specified in the  Act; or he has been required to pay an amount of fee which he  considers unreasonable; or he believes that he has been given  incomplete, misleading or false information, he can make a complaint to the Information Commission.

Q.15. What is Third Party Information?
Third party in relation to the Act means a person  other than the citizen who has made request for information.  The definition of third party includes a public authority other than the public  authority to whom the request has been made.

Q.16. What is the Method of Seeking Information?
A citizen who desires to obtain any information under the Act, should make an application to the Public Information Officer of the concerned public authority in writing in English or Hindi or in the official language of the area in which the application is made. The application should be precise and specific. He should  make payment of application fee at the time of submitting the application as prescribed in the Fee Rules.

Q.17. Is there any organization(s) exempt from providing information under RTI Act?
Yes, certain intelligence and security organisations  specified in the Second Schedule, are exempted from providing information excepting the information pertaining  to the allegations of corruption and human rights violations.

Source: www.persmin.nic.in

SENIORITY OF PROMOTEES – Dopt orders

SENIORITY OF PROMOTEES

The Dopt under Persmin(Ministry of Personnel, Public Grievances and Pensions) has issued various orders from time to time regarding all service matters on its website. Among these orders, one of the most important subject as Seniority of Direct Recruits and Promotees.

The order said that “the relative seniority of promotees which earlier used to be determined according to the date of confirmation in the promotion grade and not the original order of merit, (in case where confirmation was in an order different from the order of merit indicated at the time of their appointment), has been discontinued w.e.f. 4.11.1992. (O.M. No. 20011/5/90-Estt (D) Dated 4.11.1992)”.

Read the part of the order related to Seniority of Promotion as follows…

SENIORITY OF PROMOTEES

Where promotions are made on the basis of recommendations of a DPC, either by ‘selection’ or ‘non-selection’ method as per due procedure, the seniority
of an officer assessed as ‘fit’, in the promoted grade shall be same as in the feeder grade from which they are promoted. Where, however, a person is considered as unfit for promotion and is superseded by a junior, such persons shall not, if he/she is subsequently found suitable and promoted, take seniority in the higher grade over the junior persons who had superseded him/her. Persons appointed as a result of an earlier selection shall be senior to those appointed as a result of subsequent selection. The relative seniority of promotees which earlier used to be determined according to the date of confirmation in the promotion grade and not the original order of merit, (in case where confirmation was in an order different from the order of merit indicated at the time of their appointment), has been discontinued w.e.f. 4.11.1992. (O.M. No. 20011/5/90-Estt (D) Dated 4.11.1992)

2.2.1 Where promotions to a grade are made from more than one grade and quotas have been laid down for each feeder grade, the eligible persons shall be arranged in separate lists in the order of their relative seniority in their respective grades. The officers in each grade, assessed as fit by the Departmental Promotion Committee shall be interpolated in the ratio prescribed for each grade in the recruitment rules for the post.

When eligibility list is to be resorted to?
2.2.2. Where promotions to a grade/post are made from more than one grade and no quota has been fixed for various feeder grades owing to a small number of posts in the promotion grade the aforesaid principle would not be viable. In such cases it would be required to prepare a combine eligibility list of the candidates from various feeder grades with due regard to the inter-se seniority of the candidates ofvarious feeder grades. Separate instructions have been issued in this connection with regard to framing of recruitment rules in such a situation. Whereas specific criteria need to be issued/incorporated in the Recruitment Rules by the cadre controlling authorities for preparation of combined eligibility list of the candidates from various feeder grades/ broad parameters as under may be kept in view while preparing such list.

i. Date of completion of the qualifying service prescribed in the relevant recruitment rules, in the feeder grade for promotion.

ii. If the aforesaid date is same than date of completion of the qualifying service in the feeder-to-feeder grade.

iii. Inter se seniority of the officers from each feeder grade will be maintained.

Persmin clarification on Encashment of EL

Encashment of leave to be granted to Government servants on their appointment in Central Public Enterprises.

The Persmin (Ministry of Personnel, P.G. and Pensions) has clarified regarding the above matter, the entitlement to leave encashment on appointment of Government servants in Central Public Enterprises. An officer in a Central Public Enterprise after acceptance of his technical resignation from Government is treated as immediate absorption. As per the terms and conditions, a Central Government servant taking appointment in the CPE on immediate absorption basis was entitled to encashment of EL to his credit at the time of acceptance of his resignation from Government service. There is a limit of 189 days. HPL stood forfeited. (The limit of EL which could be thus encashed was later raised to 300 days.)

It is further clarified that the calculation of leave encashment in case of permanent absorption in PSU/Autonomous Body wholly or substantilally owned or controlled by the Central/State Government will be as per rule 39(2)(b) which has been amended vide Notification GSR 170 dated 1/12/2009.

Persmin has uploaded old orders related to Reservation Policy

Old orders uploaded by Persmin

Persmin (Ministry of Personnel, Public Grievances and Pensions – Deapartment of Personeel and Training) has uploaded very old and important orders regarding the Reservation Policy of Indian government.

Persmin has now published lot of informations through the old orders on its website regarding the Reservation Policy in Central Government services. Particularly, reservation in recruitment and promotions.

Thousand of employees and also unionts are searching each day about the informations and concerned orders. They wants to know the exact details of exemption, relaxation and concession on reservation matter. Now, the orders, guidelines and instructions has been uploaded in the official website of Persmin by Dopt. Everyone can easily access and get the orders to read or download to their computers. In order to prevent waste of time, spending of money and depends on others. Need not to say, these are all highly informative.

In spite of lot of books and many blogs for reference, the authentic informations are getting from Persmin is highly appreciated. More than 280 Office Memorandums are uploaded in that page related to Reservation matter, the oldest O.M. starting the year of 1950. The key subject of among those orders are…

Reservation, Age relaxation, Travelling allowance, Backlog vacancies, Disability reservation, Liaison officers, Judgements, Deservation, Own merit, Caste certificates, Creamy layer, Unreserved vacancies, Parliamentary committee, SEBC, Adhoc promotion and DPC etc,.

To get Persmin Orders, follow the septs given below…
www.persmin.nic.in -> OMs & Orders -> Estt(Reservation) -> All Circulars
Source: www.cgstaffnews.com