Gratuity Ceiling Amendment - Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment - Gratuity Payment, Date and Maternity Leave

Gratuity Ceiling Amendment Notifications issued by Government of India regarding Upper limit of Gratuity Payment, Date on which come into force and Maximum Period of Maternity Leave…

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1419(E).- In exercise of the powers conferred by sub- section (2) of section 1 of the Payment of Gratuity (Amendment) Act, 2018 (12 of 2018), the Central Government hereby appoints the 29th day of March, 2018 as the date on which the said Act shall come into force.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1420 (E).- In exercise of the powers conferred by sub-section (3) of section 4 of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies that the amount of gratuity payable to an employee under the said Act shall not exceed twenty lakh rupees.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

NOTIFICATION

New Delhi, the 29th March, 2018

S.O. 1421 (E).- In exercise of the powers conferred by clause (iv) of the Explanation to sub-section (2) of section 2A of the Payment of Gratuity Act, 1972 (39 of 1972), the Central Government hereby specifies for the purposes of the said clause that the total period of maternity leave in the case of a female employee shall not exceed twenty- six weeks.

[No.S-42012/02/2016-SS-II]
MANISH GUPTA, Jt. Secy.

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Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Gratuity ceiling raised to 20 Lakhs w.e.f. 29.3.2018

Payment of Gratuity (Amendment) Act, 2018 brought in force on 29th March, 2018

Decision: The Payment of Gratuity (Amendment) Bill, 2018 has been passed by Lok Sabha on 15th March, 2018 and by the Rajya Sabha on 22nd March, 2018, has been brought in force on 29th March, 2018.

Background: The Payment of Gratuity Act, 1972 applies to establishments employing 10 or more persons. The main purpose for enacting this Act is to provide social security to workman after retirement, whether retirement is a result of superannuation, or physical disablement or impairment of vital part of the body. Therefore, the Payment of Gratuity Act, 1972 is an important social security legislation to wage earning population in industries, factories and establishments.

2. The present upper ceiling on gratuity amount under the Act is Rs. 10 Lakh. The provisions for Central Government employees under Central Civil Services (Pension) Rules, 1972 with regard to gratuity are also similar. Before implementation of 7th Central Pay Commission, the ceiling under CCS (Pension) Rules, 1972 was Rs. 10 Lakh. However, with implementation of 7th Central Pay Commission, in case of Government servants, the ceiling has been raised to Rs. 20 Lakhs.

3. Therefore, considering the inflation and wage increase even in case of employees engaged in private sector, this Government decided that the entitlement of gratuity should also be revised in respect of employees who are covered under the Payment of Gratuity Act, 1972. Accordingly, the Government initiated the process for amendment to Payment of Gratuity Act, 1972 to increase the maximum limit of gratuity to such amount as may be notified by the Central Government from time to time. Now, the Government has issued the notification specifying the maximum limit to Rs. 20 Lakh.

4. In addition, the Bill also envisages to amend the provisions relating to calculation of continuous service for the purpose of gratuity in case of female employees who are on maternity leave from ‘twelve weeks’ to ‘such period as may be notified by the Central Government from time to time’. This period has also been notified as twenty six weeks.

Major Impact: The Bill as passed by both the Houses of Parliament, and assented to by the Hon'ble President and notified by the Government. This will ensure harmony amongst employees in the private sector and in Public Sector Undertakings/ Autonomous Organizations under Government who are not covered under CCS (Pension) Rules. These employees will be entitled to receive higher amount of gratuity at par with their counterparts in Government sector.

Source: PIB

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DoPT: Grant of vigilance clearance for obtaining passport

DoPT: Grant of vigilance clearance for obtaining passport

F.No.11012/7/2017-Estt.A-III
Government of India
Ministry of Personnel, Public Grievances and Pension
Department of Personnel & Training
Establishment A-III Desk

North Block, New Delhi - 110001
Dated 28th March, 2018

OFFICE MEMORANDUM

Subject: Grant of vigilance clearance for obtaining passport.

The undersigned is directed to say that 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 Government servant for obtaining Indian Passport.

2. Ministry of External Affairs (MEA) has issued the guidelines for issuance of ordinary Passport to the Government servant vide O.M. No. VI/401/01/05/2014 dated 26.05.2015 in connection with procedures to be the followed in case of passport to be issued to Government servant.

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 Government 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 Government 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. 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 visit 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.

7. All Ministries/ Departments/Offices are requested to bring the above guidelines to the notice of all Disciplinary Authorities under their control.

8. Hindi version will follow.

sd/-
(Sanjiv Kumar)
Deputy Secretary to the Government of India

Source: http://dopt.gov.in/

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LTC to Railway employees (and Government servants whose spouses are Railway servants)

LTC to Railway employees (and Government servants whose spouses are Railway servants)

No.31011/1512017-Estt.A-IV

Government of India

Ministry of Personnel, Public Grievances & Pensions

Department of Personnel & Training

Establishment A-IV Desk

North Block New Delhi

Dated March 27, 2018

OFFICE MEMORANDUM

Subject: LTC to Railway employees (and Government servants whose spouses are Railway servants)

The undersigned is directed to say that as per extant LTC instructions, Government servants and their spouses who are working in Indian Railways are not entitled for the facility of LTC as the facility of "Free Pass" is available to them. However, Seventh CPC in its report has recommended for bringing Railway employees (and employees whose spouses are Railway servants) into the fold of LTC.

2 The matter has been considered in this Department in consultation With Ministry of Railways. It has been decided that Railway employees may be allowed to avail All lndia LTC once in a block of four years under CCS(LTC) Rules, 1988, subject to the following conditions·

(i) The railway employees shall continue to be governed fully by the Railway Servants (Pass) Rules only and availing of "All India LTC" under CCS (LTC) Rules by them will be facilitated through a Special Order under the relevant provision of the said Pass Rules.

(ii) "All India LTC" will be purely optional for the railway employees.

(iii) Even after availing "All India LTC" in a year, it will not be mandatory for the railway employee to opt for "All India LTC" 1n the next or subsequent block years

(iv) No "Home Town LTC" will be admissible to Railway employees and on the same analogy, no Home Town converted LTC shall be allowed to them.

(v) The railway employees will surrender the Privilege Passes admissible to them In the calendar year in which they intend to avail the LTC facility. However they would continue to be eligible for Privilege Ticket Orders and other kinds of Passes viz., Duty Pass. School Pass, Special Passes on Medical grounds. etc., as admissible under the Pass rules. Further, if the railway employee has already availed of a Privilege Pass, then LTC will not be allowed in that year.

(vi) The railway employees on deputation to any other organization, Including Railway PSUs, would also continue to be eligible for optional LTC in lieu of Privilege Pass entitlement.

(vii) The definition of beneficiaries e g members of family, dependents etc. and other conditions as laid down in the CCS(L TC) rules will be applicable for availing 'All India LTC' facility by the railway employees even if such beneficiaries are not entitled for Privilege Pass under the Pass Rules.

(viii) If both spouses are Railway employees then both will surrender admissible in the calendar year, if they opt for All India LTC.

(ix) In case of the Government employees whose spouse is working In Railways, want to avail All India LTC, either Independently or with family members, then he/she they may be allowed subject to the condition of surrendering privilege passes admissible in that calendar year for him/her/them and an undertaking in this regard shall be
given by the Government servant to his office

3. Hindi version will follow.

sd/-
(Sanjiv Kumar)
Deputy Secretary to the Government of India

Source: AIRF

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