HRA: Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

HRA: Admissibility of House Rent Allowance in the event of non-acceptance or surrender of railway residential accommodation

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
RAILWAY BOARD

No.E(P&A)II/2012/F.E.2/4
The General Manager,
All Indian Railways/PUs, NF(Con), CORE
The DG/RDSO/Lucknow, DG/NAIR/Vadodara
CA0s,DMW/Patia1a, WPO/Patna, COFMOW/NDLS, RWP/Bela, CAO/IROAF

Dated: 02.04.2019

Sub: Admissibility of House Rent Allowance (HRA) in the event of non-acceptance or surrender of railway residential accommodation.

Ref:
(1) Department of Expenditures, MoFs 0M No.2/5/2017-E.IIB dated 05.03.2019
(2) Rai1way Board’s letter No.E(P&A)II-87/HRA-15, dated 16.5.1988
(3) Rai1way Board’s No.E(P&A)II-95/HRA-3, dated 14.02.1996
(4) Rai1way Board’s letter No.E(P&A)II-99/HRA-2, dated 12.07.1999 & 16.03.2000
(5) Rai1way Board’s letter No.E(P&A)II-2002/HRA-4, dated 16.10.2002 & 09.05.2003
(6) Rai1way Board’s No.E(P&A)II-2010/HRA-2, dated 08.12.2010
(7) Rai1way Board’s letter No.E(P&A)II-2017/HRA-3, dated 15.01.2018

With reference to Department of Expenditure, Ministry of Finance’s Office Memorandum at (I) & other Railway Board’s references above, Board (MS, FC & CRB) have approved the following:
For other than those Railway employees (officers and staff) for whom accommodation is specially earmarked and whose occupation of railway quarter is essential for easy accessibility during emergencies, efficient discharge of their duties, et., the condition of Applying for Government Accommodation and furnishing of ‘No Accommodation Certificate’ by Employees to become eligible for HRA may be dispensed with and Department of Expenditure. MoF’s letter under reference may be made applicable Mutatis Mutandis is for such categories of Railway employees.
Railway accommodation so vacated may be allotted to other employees of the same pool or other pool or Essential category employees by changing the pool, if required, by the Zonal Railway. The Quarter-allotment Authority shall promptly take necessary action in this regard.

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

Department of Expenditure, MoF’s letter under ref. (1) is enclosed for ready reference.

This issues with the concurrence of Associate Finance of Transformation Cell Of Railway Board.
Kindly acknowledge the receipt and ensure compliance.

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

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The Minimum Wages Central Amendment Rules, 2019

The Minimum Wages (Central) Amendment Rules, 2019

MINISTRY OF LABOUR AND EMPLOYMENT 

NOTIFICATION

New Delhi, the 29th January, 2019 

G.S.R. 56 (E).- Whereas a draft of certain rules further to amend the Minimum Wages (Central) Rules, 1950, among other rules, were published as required by sub-section (1) of section 30 of the Minimum Wages Act, 1948 (11 of 1948), in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E),dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the general public on the 23rdApril, 2018;

And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 30 of the said Act, the Central Government hereby makes the following rules further to amend the Minimum Wages (Central) Rules, 1950, namely:-

1. (1) These rules may be called the Minimum Wages (Central) Amendment Rules, 2019.
   (2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Minimum Wages (Central) Rules, 1950,-

(a) in rule 21, for sub-rule (4A), the following sub-rule shall be substituted, namely:-

(4A) Every employer shall, on or before the 1st day of February in each year, upload unified annual return in Form III on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).’;

(b) in Form III, for the word, figures, brackets and letter “Rule 21(4A)(1)”, the word, figures, brackets and letter “Rule 21(4A)” shall be substituted.

[No. Z-20025/22/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Minimum Wages (Central) Rules, 1950 was published in the Gazette of India vide notification number S.R.O. 776, dated the 14th October, 1950 and lastly amended vide notification number G.S.R. 182(E) dated the 12th March, 2015.

Source: labour.gov.in

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CPAO: Simplification of pension procedure submission of undertaking by retiring Government servant

CPAO

CPAO/ IT&Tech/ 11(Vol-VI)/ Simplification/ 2018-19/ 01

01.04.2019

OFFICE MEMORANDUM

Subject: Simplification of pension procedure-submission of undertaking by retiring Government servant along with pension papers & Handing over of PPO booklet to Pensioners by Head of Office - reg.

The Scheme for Payment of pensions to Central Government Civil Pensioners through Authorized Banks’, issued by the Central Pension Accounting Office provides for an undertaking to be submitted by the retiring Government servant/pensioner to the pension disbursing bank before commencement of pension. The pensioner undertakes to refund or make good any amount to which he is not entitled.
2. In view of the above Department of Pension & Pensioners’ Welfare issued instructions vide its O.M. No. 1/27/2011-P&PW(E) dated 07.05.2014 which were also communicated through this office O.M. No. CPAO/Tech/ Simplification /2014-15/53 dated 28.05.2014. These provisions are reiterated below:

• It has been established that the first payment of pension after retirement gets delayed mainly due to two reasons. One, the delay in receipt of intimation by the pensioner that pension papers have reached the bank and two delay on part of the pensioner in approaching the bank for submission of the undertaking.
• The required undertaking may be obtained by the Head of Office from the retiring Government servant along with Form 5 and other documents before his retirement. This undertaking shall be forwarded to the pension disbursing bank along with the Pension Payment Order by the Accounts Officer/CPAO following the usual procedure.
• The pensioner would no longer be required to visit the bank to activate the first payment of pension. Therefore, after ascertaining that the Bank’s copy has been dispatched by the Central Pension Accounting Office, the pensioner’s copy of the Pension Payment Order (PPO) may be handed over to him at the time of retirement along with other retirement dues. This should be feasible in all cases where the Government servant had submitted pension papers within the time-limits prescribed in the Central Civil Services (Pension) Rules, 1972.
• However, if any employee posted at a location away from the office of the Head of Office or who for any other reasons feels that it would be more convenient to him to obtain his copy of PPO from the bank, may inform the Head of Office of his option in writing while submitting his pension papers.

3. Pay & Account Office/Head of Office should not wait for the copy of PPO (SSA) for confirmation of the dispatch of the same by CPAO to bank for handing over of the pensioner’s copy to the retiring government servant along with other retirement dues. PAO/HOO may confirm the dispatch of Banks Copy of PPO by visiting CPAO’s website i.e www.cpao.nic.in - See your PPO Status.

4. It has been observed that pensioner’s portion of the PPO is not being handed over to the pensioner, but being sent to the bank through CPAO. It seems that the timeline for submission of finalizing the pension cases as mentioned in the CCS (Pension) Rules, 1972 are not being adhered to by HOO/PAO.

5. All Pr. CCAs/CCA/ CAs/AGs (with independent charge)/JS (Admin) are requested to issue instructions to all Pay and Accounts Offices/ Head of Offices under their jurisdiction to ensure timely submission of pension papers so that the correct procedure is followed strictly. Timeline for finalization of pension cases as prescribed in CCS (Pension) Rules, 1972 is annexed herewith.
This issues with the approval of Chief Controller (Pension).

Encl.: Annexure

(Praful Dabral)
Sr. A.O. (IT & Technical)

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Steps to complete the pension case as prescribed in in CCS (Pension) Rules, 1972

Steps to complete the pension case as prescribed in in CCS (Pension) Rules, 1972

(Annexure-1 of CPAO letter Simplification of pension procedure-submission of undertaking by retiring Government servant and Handing over of PPO booklet by HOO)

Annexure-1

Timeline of finalizing the pension cases

1. Rule-58 of CCS (Pension) Rules, 1972
Undertake the work of preparation of pension paper by the HOO.
One year before the date of retirement on superannuation or on the date on which he proceeds on leave preparatory to retirement.

2. Rule-59 of CCS Pension Rules, 1972
Timelines for completion of two stages of preparation of paper.
Not later than eight months prior to the date of retirement

3. Rule-59 of CCS (Pension) Rules, 1972
Forwarding Form-5 to retiring govt. servant of superannuation advising him to submit the form duly completed in all respect.
Not later than six months prior to the date of his retirement

4. Rule-59 (A) of CCS (Pension) Rules, 1972
Forwarding Form-5 to the retiring govt. servant other than superannuation
Should be forwarded before retirement but after the approval of such retirement by the competent authority or the retirement has become effective.

5. Rule-60 of CCS (Pension) Rules, 1972
Completion of pension papers by HOO.
i) Superannuation: Completion of Part-I of Form-7 by HOO.
ii) other than superannuation
Not later than four months before the retirement Within 3 months after submission of Form-5 by the Govt. servant.

6. Rule-61 of CCS (Pension) Rules, 1972
Forwarding of pension papers to Accounts Officer by HOO.
i) Superannuation
ii) other than superannuation
Not later than four months
Not later than three months after the date of submission of Form-5

7. Rule-65 of CCS (Pension) Rules, 1972
Authorisation of pension and gratuity by the Accounts Officer of PAO.
One month in advance of the date of retirement of the Govt. servant.

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The Maternity Benefit (Mines and Circus) Amendment Rules, 2019

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th January, 2019

G.S.R. 57(E).- Whereas a draft of certain rules further to amend the Maternity Benefit (Mines and Circus) Rules 1963, among other rules, were published as required by sub-section (1) of section 28 of the Maternity Benefit Act, 1961 (53 of 1961), in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E), dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;
And whereas copies of the said Official Gazette were made available to the general public on the 23rd April, 2018; And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 28 of the said Act, the Central Government hereby makes the following rules further to amend the Maternity Benefit (Mines and Circus) Rules, 1963, namely:-

1. These rules may be called the Maternity Benefit (Mines and Circus) Amendment Rules, 2019.
2. They shall come into force on the date of their publication in the Official Gazette.

2. In the Maternity Benefit (Mines and Circus) Rules, 1963, for rule 16, the following rule shall be substituted, namely: -

‘16. Annual return.- (1) The employer of every mine or circus shall, on or before the 1st day of February in each year, upload a unified annual return in Form X online on the web portal of the Central Government in the Ministry of Labour and Employment, giving information as to the particulars specified, in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, register and other documents maintained in electronic form or otherwise

Explanation.- For the purposes of this sub-rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21 of 2000).

(2) If the employer of a mine or circus to which the Act applies sells, abandons or discontinues the working of the mine or circus, then, he shall, within one month of the date of such sale or abandonment or four months of the date of such discontinuance, as the case may be, upload online, on the web portal of the Central Government in the Ministry of Labour and Employment, a further unified return in Form X referred to in sub-rule (1) in respect of the period between the end of the preceding year and the date of the sale, abandonment or discontinuance.’

No. Z-20025/23/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Maternity Benefit (Mines and Circus) Rules, 1963 was published in the Gazette of India vide notification number G.S.R.1642, dated the 5th October, 1963 and lastly amended vide notification number G.S.R.435(E) dated the 29th May, 2015.

Via Maternity Benefit

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DoPT: Appointment of officers working in the Ministries/Departments under CSS/Non-CSS posts to NITI Aayog

DoPT: Appointment of officers working in the Ministries/Departments under CSS/Non-CSS posts to National Institution for Transforming India (NITI) Aayog under Central Staffing Scheme on lateral shift basis

No. 7/3/2018 EO(MM-II)
Government of India
Ministry of Personnel, P.G. and Pensions
Department of Personnel and Training
(Office of the Establishment Officer)

North Block New Delhi
Dated: 1st April, 2019

To,
All Secretaries,
Ministries/Departments of Government of India

Subject: Appointment of officers working in the Ministries/Departments under CSS/Non-CSS posts to National Institution for Transforming India (NITI) Aayog under Central Staffing Scheme on lateral shift basis.

Sir/ Madam,
This is regarding filling up the posts of Deputy Secretary/Director level in the National Institution for Transforming India (NITI) Aayog under the Central Staffing Scheme on lateral shift basis. The applications were invited for the post vide circular of even number dated 26.12.2018 (copy enclosed).
It has been decided to extend the last date for submission of application till 01.05.2019.

This may be brought to the notice of all concerned and the application(s) of the eligible candidate (s) may please be forwarded accordingly.

Yours faithfully,
(J.Srinivasan)
Director (MM)

No. 71312018 ECJ(MM-II)
Government of India
Ministry of Personnel, P .G. and Pensions
Department of Personnel and Training
(Office of the Establishment Officer)

North,Block, New Delhi
Dated.26th Dec8mber, 2018

To,
AlI Secretaries.
Ministries/Departments of Government of India

Subject: Appointment of officers working in the Ministries/Departments under CSS/NonCSS posts to National Institution for Transforming India(NITI) Aayog under Central Staffing Scheme on lateral shift basis.

Sir/ Madam,
It is proposed to fill up vacancies of Deputy Secretary/Director level in the National Institution for Transforming India (NITI) Aayog under tile Central Staffing Scheme on lateral shift basis.

The officers who are working at DS/Director level in different Ministries/Departments under tile Central Staffing Scheme/Non Central Staffing Scheme/ex-cadre posts will be eligible to apply for these posts. If the officer is selected for the post, it will be treated as a 'lateral shift, which would entail additional tenure of three years as per the special dispensation allowed for appointment in NITI Aayog that permits total deputation tenure up to 8 years on shift to NITI Secretariat or vice versa. The +3 option would be available only to those officers who are already working on a CSS/Non-CSS post/ex-cadre post at the centre. Tile additional tenure is subject to completion of two years on the present stint on the deputation post and availability of cadre clearance. In the absence of cadre clearance (for +3 tenure), the tenure will be restricted to the balance period of four/five years central deputation tenure.

The post maybe circulated amongst the officers working on deputation at Deputy Secretary/Director or equivalent level on Central Staffing Scheme/Non Central Staffing Scheme/ex-cadre posts in the Government of India on priority basis. Names of the willing and eligible officers who can be spared by the Ministries/Departments may be forwarded to this Department along With the approval of the Minister-in-Charge, cadre clearance(for +3 tenure). vigilance clearance, detailed bio-data in the enclosed proforma and attested copies of AcR(s).

It is requested that the application(s) of tile eligible officer(s) may please be forwarded so as to reach this Department by 28.01.2018.

Yours faithfully,
(J.Srinivasan)

Source: DoPT

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Railways: Re-engagement of retired employees in exigencies of service

Railways: Re-engagement of retired employees in exigencies of service

GOVERNMENT OF INDIA
MINISTRY OF RAILWAYS
(RAILWAY BOARD)

No. E(NG)II/2007/RC-4/CORE/1

New Delhi, Dated 27.3.2019

The General Manager (P)
All Indian Railways/PUs

Sub:- Re-engagement of retired employees in exigencies of service.

Ref:- (i) No. E(NO)II/2007/RC-4/CORE/1 dated 11.12.2009 (RBE No.219/2009)
(ii) No. E(NG)II/2007/RC-4/CORE/1 dated 16.10.2017 (RBE No.150/2017)
(iii) No. E(NG)II/2007/RC-4/CORE/1 dated 12.12.2018 (RBE No.193/2017)

---

Attention is invited to Board’s letters cited above regarding modalities of re-engagement of retired employees and remuneration to be paid to them. Some Railways have brought to the notice of the Board that there is an issue of disparity in revised rates/remuneration to re-engaged staff prior to and post 16.10.2017. The issue also figures as AIRF PNM agenda item No. 18/2018. The matter has been examined in Board’s office carefully and it has been decided as under with the concurrence of Finance Directorate.

a) All employees who have worked for more than a year as on 16.10.2018 on daily rates in accordance with terms and conditions under RBE No.219/2009 and are continuing to be so engaged presently will be eligible for the monthly rates in terms of the 16.10.2017 (RBE No.150/2017) circular with effect from 16.10.2018. This is subject to (b) below.

b) Where any re-engaged employee’s extant contract specifies in writing an extended period of validity of more than one year and this spills over beyond 16.10.2018, the revision in eligibility as per the 2017 rates will be admissible only from such extended date.

c) Revised terms and conditions will be drawn up accordingly as per (a) and/or (b) above as applicable. Revised contract will clearly specify the validity as not more than one year that can be renewed as per applicable terms and conditions. Other usual stipulations (including maximum age) will continue to apply.

This disposes of WCR’s letter NO. WCR/V-HQ/Comp./2018/AuW11 dated 04.09.2018.

(Neeraj Kumar)
Director Estt. (N)II
Railway Board.

Source: Railway Board

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