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Wednesday 4 September 2019

Enforcement of various provisions of the Arbitration and Conciliation (Amendment) Act, 2019

Ministry Of Law & Justice
Enforcement of various provisions of the Arbitration and Conciliation (Amendment) Act, 2019.

04 SEP 2019

The Arbitration and Conciliation (Amendment) Act, 2019 was notified on 9th August, 2019. Sub-Section 2 of Section 1 of the Arbitration and Conciliation (Amendment) Act, 2019 provides as under:-

“(2) Save as otherwise provided in this Act, it shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision.”

The Central Government by exercising powers conferred under sub-section 1 of the Arbitration and Conciliation (Amendment) Act, 2019, appoints the 30th August, 2019, for enforcement of the following Sections of the Arbitration and Conciliation (Amendment) Act, 2019:-

(i) Section 1;

(ii) Section 4 to 9 [both inclusive];

(iii) Section 11 to Section 13 [both inclusive];

(iv) Section 15.


Necessary Gazette Notification in this regard has been issued by the Central Government. In pursuance of the above notification, the section 17, 23,29A, 34, 37, 45 and 50 of the Arbitration and Conciliation Act, 1996 (the Act) stand amended. Also three new sections namely 42A, 42B, and 87 stand inserted in the Act. The insertion of section 87 is with retrospective effect i.e. 23rd October, 2015, with a view to clarify the applicability of the said cut-off date on arbitration and related court proceedings.

PIB
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Railways – Remuneration to Railway Officers acting as Arbitrators

Railways – Remuneration to Railway Officers acting as Arbitrators

Railways

Remuneration to Railway Officers acting as ArbitratorsGOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No. 2019/Trans Cell/ S&T/ Suggestions from GMs

Dated: 02.09.2019

The General Manager, All Indian Railways/ PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/ NAIR/ Vadodara
CAOs, DMW/Patiala, WPO/Patna, COFMOW/ NDLS, RWP/ Bela, CAO/IROAF

Sub: Remuneration to Railway Officers acting as Arbitrators.

Ref:

    Railway Board’s letter no. E(G) 2010 HO 1/20 dated 11.09.2010.
    Railway Board’s letter no. E(G)2004 1101-2 dated 24.02.2004.
    GM/SR’s Letter No. G.203/P/SOP/CRB dated 31.01.2019.

With reference to GM/SR’s letter at (3) above and Board’s letter at (1) above, Board (FC & CRB) have approved the following:

Enhancing the honorarium paid to Railway Servants appointed to act as Arbitrator from Rs 500/- per day to Rs 1000/- per day and from Rs 250/- per half day to Rs 500/- per half day subject to a maximum of Rs 20,000/- per case.

Other extant instructions/guidelines issued from Board on the subject remains unchanged or as modified from time to time.

This issues with the concurrence of Associate Finance of Transformation Cell of Railway Board.

Kindly acknowledge the receipt and ensure compliance.

(Umesh Balonda)
Executive Director/S&T
Transformation Cell

(Sanjeeb Kumar)
Executive Director Accounts
Transformation Cel
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Railway Bonus Payment of Productivity Linked Bonus to the Railway employees for the year 2018-19


Railway Bonus

Payment of Productivity Linked Bonus to the Railway employees for the year 2018-19

railway-bonus-2018-2019
No. I/10/Part IV
Dated: 19/08/2019
The Chairman,
Railway Board,
New Delhi

Dear Sir,
Sub: Payment of Productivity Linked Bonus to the Railway employees for the year 2018-19.

NFIR brings to your kind notice that the Productivity Linked Bonus formula was conceptualized in November, 1979 by an agreement between the Federations and Railway Ministry. So far as the Salary Calculation Ceiling for the purpose of payment of P.L. Bonus is concerned, you may kindly be aware that the notional salary at Rs. 7000/- p.m. is taken into account and amount arrived at NFIR has been repeatedly urging upon the Railway Ministry to remove salary calculation ceiling for making payment of P.L. Bonus to the Railway employees on actual wages as the payment is linked with productivity. This was also part of Charter of Demands of NFIR placed before the Railway Ministry when Strike Notice was served on 09th June, 2016. However, this issue is yet to be resolved.
So far as payment of P.L. Bonus for the year 2018-19, to be paid to Railway employees before the commencement of Dussehra Puja Holidays is concerned, NFIR places the following facts for kind appreciation : -
  • Despite over 2 & half lakh vacancies, the Railway employees have given qualitative output during the year 2018- 19, shouldering additional burden which fact needs to be given greater consideration for the purpose of revising the number of days wages upwardly for payment of P.L. Bonus.
  • Over two lakh employees have been performing twelve hours duty per day, despite justification exists for introduction of eight hours duty under "Continuous" classification on the basis of Job Analysis. The Zonal Railways are yet to comply with Railway Board's instructions dated 30th September, 2016 for revising the classification from 'EI' to 'Continuous' . This also needs to be given due weightage.
  • The overall performance of Railway employees has been 'Very Good' as there has been no dislocation/ detention on employees' account.
  • During the previous seven years, the P.L. Bonus was paid to Railway employees equivalent to 78 days wages (with notional salary calculation). Upward revision of P.L. Bonus days beyond 78 days wages, would motivate Railway employees to continue to perform with determination.
  • Federation insists that Capital input should not be taken as criteria at all, as the utilization of the said Capital is in the hands of management as workers are not concerned with said investment. It is further placed on record that at no point of time, consultations were made with the Federations on the need for capital investment or otherwise.
Summing up, NFIR urges the Railway Board (CRB) to kindly consider for enhancement of number of days wages than previous years for payment of Productivity Linked Bonus to Railway Employees before commencement of Dussehra Puja Holidays.
Yours faithfully,
(Dr. M. Raghavaiah)
General Secretary
Source: Railway Bonus 2019
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Long pending demands of the Central Government employees - CHARTER OF DEMANDS OF CONFEDERATION

Long pending demands of the Central Government employees - CHARTER OF DEMANDS OF CONFEDERATION

No.Confdn/Memorandum/ 2016-19
05th September 2019
To
Shri. Narendra Modiji,
Hon’ble Prime Minister of India,
South Block,
New Delhi - 110 001.

Respected Prime Minister,

Sub: Memorandum on the long pending demands of the Central Government employees - Request for kind intervention - regarding.

This Memorandum is submitted with the most fervent hope that the Hon’ble Prime Minister will be condescend to intercede on our behalf to settle the following long pending issues agitating the minds of 32 lakhs Central Government employees and 33 lakhs Central Govt. Pensioners.

1. Scrap New Contributory Pension Scheme (NPS) and restore Defined benefit Old Pension Scheme (OPS). Guarantee 50% of the last pay drawn as Minimum Pension.

Government of India has implemented New Contributory Pension Scheme (NPS) for all Central Govt. employees entering service on or after 01-01-2004. When compared to the Old Defined Benefit Pension Scheme (OPS) there are many adverse factors in the NPS. The monthly pension amount being received under the Insurance Annuity Scheme under NPS is less than Rs.3000/- per month, to those NPS employees who had already retired from service during 2018 and 2019, after completing 14 to 15 years of service, whereas as per the Old Pension Scheme an employee who completes minimum ten years qualifying service will get 50% of the last pay drawn as Minimum Pension which in any case will not be less than Rs.12,000/- for a lowest level employee (Multi Tasking Staff) with ten years service in Central service. Thus the very principle laid down by the Hon’ble Supreme Court of India that “Pension is a social welfare measure rendering socio-economic justice to those, who in the hey day of their life ceaselessly toiled for the employer on an assurance that in their old age, they would not be left in lurch”, stands defeated.

Seventh Central Pay Commission headed by Retired Justice of Supreme Court Shri. Ashok Kumar Mathur, in its report made the following observations about NPS:

Almost a whole lot of Government employees appointed on or after 01-01-2004, were unhappy with the New Pension Scheme. Government should take a call to look into their grievances”.
Govt. appointed a Secretary level committee called “NPS Committee” for streamlining the NPS, but that committee was not empowered to look into the main demand of the NPS employees i.e., scrap NPS, restore OPS and guarantee 50% of the last pay drawn as monthly pension. It is true that as per the recommendations of the NPS Committee, Govt’s contribution to NPS is increased to 14% from 10% and some other cosmetic changes are also made in the NPS Rules. But the basic grievance still remained unattended and unsettled, as a result uncertainty about the social security and Pension looms large over the head of every NPS employee, and the discontentment among the NPS employees (as correctly observed by 7th CPC) is growing day by day. We request the Hon’ble Prime Minister to have a relook into the entire matter, so that NPS will be scrapped and OPS will be restored and at least 50% of the last pay drawn will be guaranteed under Rules as Minimum monthly Pension on retirement.

2. Honour the assurances given by Group of Ministers on 30-06-2016 to National Council (JCM) Standing Committee members regarding increase in Minimum Pay and fitment factor recommended by Seventh Central Pay Commission (CPC) :

All the Federations/Unions/Associations in the Central Govt. Employees sector including Railways, Defence and Confederation had given a call for nationwide indefinite strike from 11th July 2016, demanding increase in Minimum Pay and Fitment formula recommended by Seventh CPC and other 7th CPC related issues. A goup of Cabinet Ministers including Shri. Rajnath Singh, then Home Minister, Shri. Arun Jaitley, then Finance Minister, Shri. Suresh Prabhu, then Railway Minister discussed the demands with the leaders of National Joint Council of Action (NJCA) and assured that Minimum Pay and Fitment formula will be increased and a High Level Committee will be appointed to submit recommendations in this regard. The assurances were reiterated by Shri. Rajnath Singh, then Home Minister on 6th July 2016 in the second round of discussion and Finance Ministry issued a press statement confirming the assurances. Accordingly, the proposed indefinite strike call of the NJCA was deferred, taking in good faith the assurances given by the Group of Ministers. We are sorry to bring it to the notice of the Hon’ble Prime Minister that even after a lapse of three years, neither the promised High Level Committee is constituted by the Govt. nor the Minimum Pay and fitment formula is increased. The entire employees feel betrayed. We request the Hon’ble Prime Minister to take immediate necessary action for implementing the assurances given by the Group of Ministers.

3. Grant “Option-I Parity” recommended by the 7th CPC to all Central Government Pensioners.

7th CPC has recommended a new formula called “Option-1” for refixing the existing pension of Central Government Pensioners retired prior to 01-01-2016. Government accepted the recommendation in principle and constituted a Secretary level committee to examine and recommend regarding the feasibility of implementing ''option-1'' recommended by 7th CPC. The Committee was not, ready to heed the valid and scientific pleadings made by the staff-side in favour of the recommendation mode by 7th CPC which is an ''Expert Body'' headed by retired Justice of Supreme Court, instead viewed the case with a closed mind and gave recommendation to the Government that implementation of Option-I is not feasible. Govt accepted the recommendations of the Secretary Level Committee and rejected ''option-I'' recommended by 7th CPC.

The entire Pension community is very much aggrieved of the decision of the Government. We request the Hon’ble Prime Minister to review the case dispassionately, so that the ''option-I party'' recommended by the 7th CPc will be accepted by the Government.

4. Regularisation of Gramin Dak Sevaks working in Postal Department and casual/contract workers working in all Central Govt Establishments.

(a) About 2.76 lakhs Gramin Dak Sevaks are employed in the Postal Department. Govt. appointed a one man committee headed by retired Postal Board Member Shri Kamalesh Chandra, to examine their wages and service conditions. The final report submitted by the Committee includes certain positive recommendations. As abnormal delay took place in implementing the recommendations of the Report, the entire Gramin Dak Sevaks went on indefinite strike for 16 days in 2018. Finally Govt issued orders, but many recommendations are either modified, diluted or rejected, including payment of arrears from 01-01- 2016 as per the formula recommended by the Committee, Children education Allowance, Promotions, etc, etc., We request the Hon’ble Prime Minister to take a lenient view to rederess the grievances of the low-paid Gramin Dak Sevaks which includes regularisation of their services and also implementation of the pending positive recommendations of the Kamalesh Chandra Committee report.

(b) There are thousands of causal/contract employees and workers engaged in all Central Govt departments and working for years together. They are not paid equal wages and not extended any benefits of regular employees. Even after working for more than ten years continuously, their request for regularisation is not considered favourably. There is no scheme to absorb them in regular service. We request the Hon’ble Prime Minister to consider their case sympathetically so that a scheme will be worked out to regularise all casual/contract workers and extend them all the benefits of regular employees.

5. Stop Corporatisation/ Privatisation of Railways, Defence and Postal Departments. Withdraw the orders for closure/reorganisation of Govt. of India Printing Presses, Geological Survey of India (GSI), Central Public Works Department (CPWD), Salt Department, Stationery Offices etc.

The no holds barred big bang reforms unleashed by the Central Government has given rise to an alarming situation in the Central Government Departments. The proposed move to Corporatize Railway Production Centres and allowing private passenger trains, Corporatisation of Defence Ordinance Factories, Life Insurance and Parcel Sector of Postal department, closure of Govt. of India Printing Presses, proposed reorganisation of Salt Department, Geological Survey of India (GSI), Central Public Works Department (CPWD), Stationary Offices etc. has put in danger the very existence of various Central Govt. Departments and also the job security of lakhs of Central Govt. Employees, Gramin Dak Sevaks and Casual/Contract Workers. The present fate of the Telecom Department which was corporatized in 2000 into different companies is a bitter lesson for all of us. We request the Hon’ble Prime Minister to desist from the proposed move to corporatisation, privatisation, closure and reorganisation of Central Govt. departments.

6. Filling up of seven lakhs vacancies existing in various Central Govt. Departments:
As per the 7th CPC report (Annexure to Chapter-3) there are 7,47,171 vacancies in the Central Govt. Departments as on 01- 01-2014. More retirements has taken place after 01-01-2014 and now the figure may go upto 8 lakhs. During the period from 2001 to 2008, thousands of posts are abolished in all Departments as per the downsizing orders issued by the Government in 2001. Only very few posts are filled up after 2014 and most of the Departments are running with 30 to 40% shortage of manpower. This has resulted in heavy increase in workload on the existing employees and has adversely affected the efficiency of all Central Govt. Departments to a great extent. We request the Hon’ble Prime Minister to take immediate necessary action for filling up all vacant posts in all departments of Central Government.

7. Revision of Wages from 01-01-2016 and payment of arrears of pay and Bonus from 2016 onwards to the employees of Autonomous bodies:
We regret to inform the Hon’ble Prime Minister, that due to the stringent conditions imposed by the Finance Ministry, the pay revision from 01-01-2016 and payment of arrears is still pending in most of the Autonomous bodies under Central Government. Further they are denied Bonus from 2015-16 onwards. We request the Hon’ble Prime Minister to take necessary action to redress the long pending genuine grievances of the Autonomous body employees.

There are other issues also which is already submitted to the Cabinet Secretary and the Heads of various Ministries/Departments earlier by us. We are enclosing herewith a copy of the Charter of Demands containing the important problems faced by the Central Govt. Employees and Pensioners.
Concludingly, we once again request the Hon’ble Prime Minister to be sympathetic enough to redress the grievances mentioned in this memorandum and enclosed Charter of Demands.

With profound regards,
Yours faithfully,
M. Krishnan,
Secretary General,
Confederation.
Mob: 09447068125
Email: mkrishnan6854@gmail.com

10 Points Charter of Demands of Confederation

  1. Scrap New Contributory Pension scheme (NPS). Restore Old defined benefit Pension Scheme (OPS) to all employees. Guarantee 50% of the last pay drawn as Minimum Pension.
  2. Honour assurance given by Group of Ministers (GoM) to NJCA leaders on 30-06-2016. Increase Minimum Pay and Fitment formula. Withdraw the proposed move to modify the existing time-tested methodology for calculation of Minimum wage. Grant HRA arrears from 01-01-2016. Withdraw “Very Good” bench mark for MACP, Grant promotional hierarchy and date of effect from 01-01-2006. Grant Option-I parity recommended by 7th CPC to all Central Govt. Pensioners. Settle all anomalies arising out of 7th CPC implementation.
  3. Stop corporatization / privatisation of Railways, Defence and Postal Departments. Withdraw closure orders of Govt. of India Printing Presses. Stop proposed move to close down Salt Department. Stop closure of Govt. establishments and outsourcing.
  4. Fill up all six lakhs vacant posts in the Central Government Departments in a time bound manner. Reintroduce Regional Recruitment for Group B & C posts.
  5. (a) Regularisation of Gramin Dak Sevaks and grant of Civil servant status. Implement remaining positive recommendations of Kamalesh Chandra Committee report.
    (b) Regularise all casual and contract workers including those joined on or after 01-09-1993.
  6. Ensure equal pay for equal work for all. Remove disparity in pay scales between Central Secretariat staff and similarly placed staff working in field units of various departments.
  7. Implement 7th CPC Wage Revision and Pension revision of remaining Autonomous bodies. Ensure payment of arrears without further delay. Grant Bonus to Autonomous body employees pending from 2016-17 onwards.
  8. Remove 5% condition imposed on compassionate appointments. Grant appointment in all eligible cases.
  9. Grant five time bound promotions to all Group B & C employees. Complete Cadre Review in all departments within a time-frame.
  10. (a) Withdraw the anti-worker wage/labour codes and other anti-worker Labour reforms. Stop attack on trade union rights. Ensure prompt functioning of various negotiating forums under the JCM Scheme at all levels.
    (b) Withdraw the draconian FR 56 (j) and Rule 48 of CCS (Pension Rules 1972.
Source: confederation
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7th Pay Commission Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016


7th Pay Commission

Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016

Shiva Gopal Mishra
Secretary
National Council (Staff Side)
Joint Consultative Machinery
13-C, Ferozshah Road, New Delhi - 110001
Ref.No.NC-JCM-2017/fin
August 29, 2019
To
The Additional Secretary (Pers)
Government of India,
Ministry of finance,
Department of Expenditure,
North Block, New Delhi.

Sub: Granting of one more option to switch over to 7th CPC from a date subsequent to 25th of July 2016.

Ref: 1) Minutes of National anomaly Committee Meeting held on Tuesday 17th of July 2018, circulated Vide DOP&T OM No. 11/2/2016-JCA-I (Pt.), dated 31st Jan. 2019.

2) This office Lt. No.C-JCM-2017/fin., dt: 5th March 2019.

The Staff Side of the National Council (JCM) is repeatedly representing to consider the demand for granting of one more option to switch over to the 7th CPC pay scales on a date which is beneficial to the employees. Vide our letter referred at (2) above, the reference of the Judgment of CAT Bombay Bench in OA No.45/12 pronounced on 29/06/2017 was also referred. In this Judgment the CAT has directed to grant him option to switch over to 6th CPC from a date which is beneficial to the employee, since he has agreed to surrender the arrears already drawn. This Judgment was also implemented by CGDA.

In the meantime, the aggrieved employees of Ordnance Factory Ambajhari under the Department of Defence production, Min. Of Defence approached the CAT Bombay Bench claiming for grant of one more option to switch over to 7th CPC pay scale. After 25/07/2016/ option to switch over to 7th CPC as on date on increment on 01/07/2016. The CAT after hearing the parties have given a direction to the respondents to consider the representation of the applicants keeping in view the aforesaid DOPT OM dated 08/07/2019, through which the minutes of the Standing committee National Council (JCM) was circulated and has directed the DOP&T to take a decision on the subject matter within a period of 6 weeks from the date of receipt of the copy of the Judgement.

Since the matter is getting unduly delayed the affected employees have started approaching to Court of law to get their grievance settled. This defeats the spirit of the JCM scheme. I therefore request you to kindly arrange to issue Govt. orders for revising the option to switch over to 7th CPC pay scale on the following two situations:
1) Option to switch over to 7th CPC to those employees who are promoted/granted MACP after 25/07/2016.
2) Option to switch over to 7th CPC as on date of increment on 01/07/2016.
‘In this regard kindly refer to ‘the illustration given in our letter dated 22nd March 2018. (copy enclosed for ready reference). We request you to kindly arrange to issue necessary instruction in this regard without further delay.
Thanking you,
Yours faithfully,
(Siva Gopal Mishra)
General Secretary
Source: Confederation
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DoE - RTGS systems - increase in operating hours


DoE

RTGS systems - increase in operating hours
Office of the Controller General of Accounts
Ministry of Finance
Department of Expenditure
Mahalekha Niyantrak Bhawan
E Block, INA, New Delhi
Dated: 28th August 2019
No. S-11012/2/3(17)/RBl/2015/GBA/1468-1512

Office Memorandum

Sub:- RTGS systems - increase in operating hours

Please find enclosed herewith a letter No. DGBA. GBD. 438/41.07.001/2019-20 dated August 26, 2019 alongwith its annexure regarding increase in the operating hours of Real Time Gross Settlement (RTGS) with effect from August 26, 2019 received from Department of Government and Banks Accounts, Reserve Bank of India, Mumbai for information and necessary action.
Sd/-
(Hanumaiah.K)
Deputy Controller General of Accounts (AR&GBA)
RESERVE BANK OF INDIA
www.rbi.org.in
DGBA.GBD.No. 438/41.07.001/2019-20
August 26, 2019
The Controller General of Accounts
Office of the Controller General of Accounts
Ministry of Finance, Department of Expenditure
Mahalekha Niyantrak Bhawan
E Block, INA
New Delhi - 110 023
Dear Sir

RTGS System-Increase in operating hours

Reserve Bank of India has vide its circular DPSS(CO) RTGS No.364/04.04.016/2019-20 dated August 21, 2019 decided to increase the operating hours Of RTGS and commence operations for customers and banks from 7.00 am with effect from August 26, 2019 (copy enclosed).

It is informed that, in e-Kuber QPX, a business day is divided into 12 business sessions, starting from 8.00 am up to 8.00 pm. The system-based consolidation process is executed at the end of each business session for accounting as well as generation of the Credit Notifications for e-Receipts and Return Notifications for e-Payments.

It has been decided that with effect from August 26, 2019 an additional business session starting from 7.00 am has been added in e-Kuber QPX. Accordingly all e-Receipts and e­ Payments will be processed, system-based consolidation process will be executed for accounting as well as all notifications for Government a-Receipts and e-Payments will be generated and transmitted to Government for the additional business session also.

This is for your kind information please.
Yours faithfully
(L.S. Bhati)
Asstant Manager
Encl: As above
RESERVE BANK OF INDIA
www.rbi.org.in
RBl/2019-20/46
DPSS (CO) RTGS No.364/04.04.016/ 2019-20
August 21, 2019
The Chairman / Managing Director / Chief Executive Officer
of member banks participating in RTGS
Madam / Dear Sir,

Real Time Gross Settlement (RTGS) System - Increase in operating hours

A reference is invited to the circular DPSS / CO/RTGS No. 2488/04.04.016/2018-19 dated May 28, 2019 on 'Real Time Gross Settlement (RTGS) System - Extension of Timings for Customer Transactions'.

At present, the RTGS system is available for customer transactions from 8:00 am to 6:00 pm and for inter-bank transactions from 8:00 am to 7:45 pm. In order to increase the availability of the RTGS system, it has been decided to extend the operating hours of RTGS and commence operations for customers and banks from 7:00 am.

The RTGS time window with effect from August 26, 2019 will, therefore, be as under:

S.NoEventTime
1Open for Business07:00 hours
2Customer transactions (Initial Cut-off) 18:00 hours
3Inter-bank transactions (Final Cut-off)19:45 hours
4IDL Reversal19:45 hours - 20:00 hours
5End of Day20:00 hours
This directive is issued under Section 10 (2) read with Section 18 of Payment and Settlement Systems Act 2007 (Act 51 of 2007).
Yours faithfully,
(P Vasudevan)
Sd/-
Chief General Manager
Source: CGA
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