Submission of Declaration of Immovable Property Returns by the Government servants

Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government servants - regarding.

F. No. 11013/7/2014-Estt.A-III

Government of India

Ministry of Personnel, Public Grievance and Pensions

Department of Personnel & Training

Establishment Division

North Block, New Delhi - 110001

Dated 5th January, 2016

OFFICE MEMORANDUM

Subject: Central Civil Services (Conduct) Rules, 1964 - Submission of Declaration of Immovable Property Returns by the Government servants - regarding.

The undersigned is directed to refer to the Office Memorandum of even number dated the 26th October, 2015 on the above subject and to say that the Annual Property Returns required to be filed under the Central Civil Services (Conduct) Rules, 1964 for the year 2015 which is required to be filed by the 31st January, 2016, may be filed in the forms prescribed under the CCS (Conduct) Rules, 1964. It is reiterated that the returns are required to be filed by all the Government servants belonging to Group 'A', 'B', 'C' and erstwhile Group 'D', in terms of Rule 18(4) of the CCS (Conduct) Rules, 1964 which empowers the Government to require a Government servant to submit a statement of movable or immovable property as may be specified in the order.

(Mukesh Chaturvedi)

Director (Establishment)

Authority: www.persmin.gov.in

Aadhaar number made compulsory in all government service records

Aadhaar number made compulsory in all government service records

The Central Government had issued the following orders from time to time regarding aading the Aadhaar number in Service Records of Central Government Employees.

The Honorable Supreme Court of India had already clarified that Aadhaar numbers cannot be made compulsory for Indian citizens. But the Centre had argued that Aadhaar numbers are necessary for its welfare schemes. The case is pending in the Supreme Court.

Meanwhile, without declaring that Aadhaar numbers are compulsory for all, the central government has made it compulsory for enjoying the various benefit schemes that are being offered. This has led to a debate if the centre is indirectly twisting the arms of the citizens to obtain the Aadhaar number.

In the meantime, an order was issued by the finance minister of the Delhi state government on Tuesday. It said that in order to speed up the pension distribution and salary due payments, certain new clauses have been added to Form 5. Since the order issued in this regard by the Ministry of Labour Welfare and Training is applicable to the employees of all the state and union territory governments, the employees of Delhi state government too are bound by it. Until now, the pensions for the employees of Delhi state government were given at the Accounts Auditor’s office of the Ministry of Finance. It has now been made compulsory for all the Delhi state government employees to submit their Aadhaar numbers. Hence, orders have been issued to all the employees to add their Aadhaar numbers to their Service Records.

The Department of Exchequer of the Ministry of Finance had issued an order on June 2, in which, just stopping short of saying that Aadhaar card is compulsory for all, it laid emphasis on possessing the Aadhaar number. That is, as part of the Digital India plan, and for the issuing of digital life certificate to government employees, the government is forced to take certain steps. In order to facilitate these, employees have to now submit their PAN Cards, Aadhaar numbers, email ID and cellphone numbers in their pension book records. A number of accounts department in various offices do not bother to confirm if the employees possess Aadhaar cards. The order says that the offices must insist that the employees present their Aadnaar number when they begin to draw their pensions.

Source: www.cgstaffnews.in

Amendment Order 2015 - Relaxation of upper age limit for recruitment to Central Civil Services & Post

J&K (Relaxation of upper age limit for recruitment to Central Civil Services & Post) Amendment Rules, 2015

[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART-II, SECTION 3, SUB-SECTION (i)]

Government of India

Ministry of Personnel, Public Grievances and Pensions

(Department of Personnel and Training)

New Delhi, dated the 23rd October, 2015

NOTIFICATION

G.S.R. – (E). – In exercise of the powers conferred by the proviso to article 309 and clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor-General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules further to amend the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, namely:-

1. (1) These rules may be called the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Amendment Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Residents of the State of Jammu and Kashmir (Relaxation of Upper Age Limit for Recruitment to Central Civil Services and posts) Rules, 1997, in rule 1, in sub-rule (3), for the figures “2015”, the figures “2017” shall be substituted.

[F.No. 15012/1/2014-Estt (D)]

sd/-

(Devesh Chaturvedi)

Joint Secretary to the Government of India

Authority: www.persmin.nic.in

Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

Wrong Information by Central Government Pensioners to be Treated as Criminal Offence

If central government pensioners provide wrong information to the government, they shall face criminal cases.

Most high-ranking Central Government employees, after retirement, usually find employment in private sectors, and non-governmental organizations. If a former Central Government employee gets employed with a non-governmental organization, he/she is required to provide information about it to the Government.

While providing the information, the person has to ensure that the organization that he/she belongs to is not involved in activities that are contrary to the government’s foreign policies, national security, and goodwill in the society, or is involved in activities or campaigns that could disrupt them.

The person has to also ensure that the agency is not involved in activities that could earn commercial gains. Criminal action will be taken against the pensioner if he/she hides such information and gives false details to the government.

In addition to these, retired officials of the Central Government will also have to provide all the details of the organization that they are employed with, the reason for accepting the employment, their PAN card number, and information on the kind of activities that the organization is involved in.

The information was provided by sources at the Central Government Employees Welfare Department.

Source: www.cgstaffnews.in

Dopt Orders - Verification of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services

Verification of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services – Dopt Orders

Dopt issued an another fresh order regarding the verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services on 8.10.2015

G.I., Dept. of Per. & Trg., O.M.No.36011/1/2012-Estt.(Res.), dated 8.10.2015

Subject: Reiteration of the instructions on verification of claims of candidates belonging to Scheduled Castes, Scheduled Tribes and Other Backward Classes for purpose of appointment to posts/services.

The undersigned is directed to say that as per extant instructions where a candidate belonging to a Scheduled Caste (SC), Scheduled Tribe (ST) and Other Backward Classes (OBC) is unable to produce a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time. Instructions have been issued vide DoPT’s letter No.36022/1/2007-Estt.(Res.) dated 20.3.2007 to the Chief Secretaries of all States/UTs for streamlining the system of verification of caste certificates so that unscrupulous non-SC/ST/OBC persons are prevented from securing jobs meant for SCs/STs/OBCs by producing false certificates. Timely and effective verification of caste status is necessary so that the benefit of reservation and other scheme of concessions etc. go only to the justifyfiil claimants.

2. In this regard, attention is invited to the instructions contained in the following Office Memoranda/Orders issued by this Department from time to time. A copy each of the Office Memoranda is enclosed:-

(i) OM No. 36019/7/75-Estt. (SCT) dated 31.10.1975

(ii) OM No. 36011/16/80 — Estt. (SCT) dated 27.02.1981

(iii) OM No. 36011/3/2005-Estt. (Res.) dated 09.09.2005

(iv) OM No. 360 12/6/88-Estt.(SCT) dated 24.4.1990

3. Instances have been brought to the notice of this Department that despite the aforesaid instructions, the appointments of the candidates belonging to SC/ST/OBC communities are with-held/delayed due to pending caste certificates verification.

4. It is, therefore, reiterated that in the situation where a candidate belonging to a Scheduled Caste, Scheduled Tribe and Other Backward Classes is unable to produce a certificate from any of the prescribed authorities, he/she may be appointed provisionally on the basis of whatever prima-facie proof he/she is able to produce in support of his/her claim subject to his/her furnishing the prescribed certificate within a reasonable time and if there is genuine difficulty in his/her obtaining a certificate, the appointing authority should itself verify his/her claim through the District Magistrate concerned.

5. All Ministries/ Departments are requested to bring the contents of this 0.M. to the notice of all concerned.

Authority: www.persmin.gov.in

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Compulsory Retirement under CCS Rules ; CG employees over 50/55 worried

Compulsory Retirement under CCS Rules ; Central Government employees over 50/55 worried

“Compulsory Retirement under CCS Rules – Following are the consequences of a law imposed by DoPT.”

The Armed Forces, Railways, Defence, and Deaprtment of Post are among the largest employers under the control of the Central Government. The largest among them, the Railways, employs more than 13 lakh employees. In all, the Central Government employees more than 34 lakh, and has more than 38 lakh pensioners on its list.

The Centre has now ordered the implementation of an old and forgotten law. According to Section 56 (J) and 56 (I) or Rule 48(1) (b) of CCS (Pension) Rules 1972, the performances of those between the ages of 50 and 55, and those who have completed 30 years of service must be reviewed by senior officers once every three months, vis. Jan to Mar, Apr to Jun, Jul to Sep and Oct to Dec. All the departments have been ordered to review the performances and implement this rule immediately. And also advised to constitute a Review Committee consisting of two Members at appropriate level.

Relevant orders to this effect were issued on September 11. Senior officials and employees of various departments are confused and terrified following the orders.

Some claim that the government has taken this step to stifle the indefinite strike to be held in November. The Central Government employees union and the railway employees’ union claim that, armed with this rule, the government can send home workers under the compulsory retirement scheme.

The order quoted, “If conduct of a government employee becomes unbecoming to the public interest or obstructs the efficiency in public services, the government has an absolute justify to compulsorily retire such an employee in public interest.”

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Central Civil Services (CCS ) Rules - Sanction of prosecution of government officials

Sanction of prosecution of government officials

It is stated that total 100,10 & 9 requests have been received against IAS officers, CSS officers & CBI Gr ‘A’ officers respectively.

It is stated that total 66,8 & 6 requests were permitted during the period and prosecution was sanctioned against IAS officers, CSS officers & CBI Gr ‘A’ officers respectively. Year wise breakup is mentioned in the table below:

It is stated that all the aforesaid requests in which sanction for prosecution has been received are still under trial. Hence, there is no input for conviction, acquittal and discharge.

This was stated by the 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 in a written reply to a question by Shri Avinash Pande in the Rajya Sabha today.

Source: PIB News

Department of Personnel & Training (Dopt) instructions regarding timely issue of Charge sheet

Dopt instructions regarding timely issue of Charge-sheet

“The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may

be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.”

G.I., Dept. of Per. & Trg., O.M.F.No.11012/17/2013-Estt.(A), dated 3.7.2015

Subject: Central Civil Services (Classification, Control and Appeal) Rules, 1965 – instructions regarding timely issue of Charge-sheet – regarding.

The undersigned is directed to refer to DoP&T O.M. of even no. dated 2nd January, 2014 regarding consolidated instructions on suspension and to say that in a recent case, Ajay Kumar Choudhary vs Union of India Civil Appeal No.1912 of 2015 dated 16/02/2015 the Apex Court has directed as follows:

We, therefore, direct that the currency of Suspension Order should not extend beyond three months if within this period the Memorandum of Charges/ Charge sheet is not served on the delinquent officer/ employee;

2. It is noted that in many cases charge sheets are not issued despite clear prima facie evidence of misconduct on the ground that the matter is under investigation by an investigating agency like Central Bureau of Investigation etc. In the aforesaid judgement the Hon’ble Supreme Court has superseded the direction of the Central Vigilance Commission that pending a criminal investigation departmental proceedings are to be held in abeyance.

3. In this connection, attention is invited to this Department O.M. No.35014/1/81- EsttA dated 9.11.1982 which contained the guidelines for timely issue of charge-sheet to Charged officer and to say that these instructions lay down, inter-alia, that where a Government servant is placed under suspension on the ground of “Contemplated” disciplinary proceedings, the existing instructions provide that every effort would be made to finalise the charges, against the Government servant within three months of the date of suspension. If these instructions are strictly adhered to, a Government servant who is placed under suspension on the ground of contemplated disciplinary proceedings will become aware of the reasons for his suspension without much loss of time. The reasons for suspension should be communicated to the Government servant concerned at the earliest, so that he may

be in a position to effectively exercise the justify of appeal available to him under Rule 23 (i) of the CCS (CCA) Rules, 1965, if he so desires. The time-limit of forty five days for submission of appeal should be counted from the date on which the reasons for suspension are communicated.

4. All Ministries/ Departments are requested to bring the above guidelines to the notice of all concerned officials for compliance.

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Authority : www.persmin.gov.in

Age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

Age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

Grant of age concession to the Persons with Disabilities for direct recruitment to civil posts/services under the Central Government – Dopt Orders

G.I., Dept. of Per. & Trg., O.M.F.No15012/1/2003-Estt.(D), dated 29.6.2015

Subject: Grant of age concession to the Persons with Disabilities suffering from (a) blindness or ow vision, (b) hearing impairment and (c) locomotor disability or cerebral palsy for direct recruitment to civil posts/services under the Central Government.

The undersigned is directed to say that the following age concessions have been provided to physically handicapped persons for recruitment under the Central Government:

(i) Provision of ten years concession in upper age limit for Group C and D posts filled through employment exchanges issued vide O.M.No.15012/6/77-Estt.(D) dated 28.1.1978;

(ii) Provision of five years’ concession in upper age limit (10 years for SC/ST, 8 years for OBC) for recruitment to Group ‘A’ and ‘B’ posts otherwise than through Open Competitive Examination issued vide O.M.No.15012/5/92-Estt.(D) dated 27.7.1995; and

(iii) Provision of ten years concession in upper age limit (15 years for SC/ST, 13 years for OBC) for recruitment to Group A, B, C and D Civil Posts/Services filled through Open Competitive Examination issued vide O.M.No.43019/28/86-Estt.(D) dated 1.2.1999.

2. The question of prescribing uniform age-concession for direct recruitment to all Civil Posts/Services under the Central Government has since been examined and in supersession of the OMs referred to at (i), (ii) and (iii) above, the following has been decided:

Age relaxation of 10 years (15 years for SC/ST and 13 years for OBC candidates) in upper age limit shall be allowed to persons suffering from (a)

blindness or low vision, (b) hearing impairment and (c) locomotor disability or cerebral palsy in case of direct recruitment to all civil posts/services under the Central Government identified suitable to be held by persons with such disabilities, subject to the condition that maximum age of the applicant on the crucial date shall not exceed 56 years.

(ii) The age concession to the persons with disabilities shall be admissible irrespective of the fact whether the post is reserved for person with disabilities or not, provided the post is identified suitable for the relevant category of disability. This provision will not apply to the Civil Services Examination, in respect of which the List of Services Identified suitable for Physically Disabled Category along with’ the Physical Requirements and Functional Classifications is notified separately.

(iii) Relaxation of age limit would be permissible to such persons who have a minimum of 40% disability.

(iv) The definitions of above categories of disabilities, for the purpose of age relaxation, will be same as given in this Department’s O.M. No.

36035/3/2004-Estt(Reservation) dated 29th December 2005.

(v) If a person with disability is entitled to age concession by virtue of being a Central Government employee, concession to him/her will be admissible

either as a ‘person with disability’ or as a ‘Central Government employee’ whichever may be more beneficial to him/her. This provision will not apply to the Civil Services Examination, which is governed by the Civil Services Examination Rules, published annually.

(vi) Provisions of this O.M. will not be applicable to a post/service for which other specific provision regarding age relaxation is made by notification.

3. The Ministries/Departments are advised to ensure invariably that while sending the requisition to the UPSC/SSC and other recruitment agencies for direct recruitment posts by selection, they should clearly mention in the requisition the category of person(s) with disabilities suitable for the post(s) in question. No change or modification in identified post(s) for physically disabled persons with respect to an Examination, intimated after the

Notification of that Examination, shall be acceptable.

4. These instructions come into effect from the date of their issue.

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Authority : www.persmin.gov.in

Dopt Orders - Strict disciplinary action shall be taken against regular latecomers

Strict disciplinary action shall be taken against regular latecomers – Dopt Orders

DoPT Orders Disciplinary Action on Regular Latecomers

“Fingerprint-based biometric devices have been installed to accurately record the time of entry and exit of employees. This system greatly reduces chances of error.”

The Department of Personnel & Training is the coordinating agency of the Central Government, has issued an order yesterday which suggests that disciplinary action be taken against Central Government employees who are regularly late to work.

All Central Government employees should adhere to the time guideline. A number of employees have made it a habit to report late to work. Strict disciplinary action shall be taken against such employees.

All employees of the Central Government, from the lowest ranked staff to the highest-level authorities, should be punctual. According to current guidelines, twice a month, the employees can be late to the office by an hour. Any more late-coming shall be treated as half-day’s leave of absence. If the employee is late for genuine reasons, then the senior official has the discretion to excuse him/her.

Concerned ministries should ensure that the employees report to work on time. Regular circulars shall be issued regarding this, periodically.

At many Central Government offices, the employee’s arrival and exit is being recorded by Aadhaar card-linked fingerprint-based biometric devices. But, the system has not been installed at all the offices. In offices where the biometric system has not been installed, attendance is recorded in a register in which the employee has to sign everyday. The biometric system shall soon be implemented all over the country.

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Disciplinary action may be taken against Central Government Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Disciplinary action may be taken against CG Employees who are habitual late attendance – Dopt Orders on 22.6.2015

Dopt once again issued orders on the subject of punctuality in Government Offices. The order is directed to take disciplinary action against Central Government employees who are habitual late attendance.

Observance of punctuality in Government Offices – Dopt Orders

G.I., Dept. of Per.& Trg., O.M.No.11013/9/2014-Estt.A-III, dated 22.6.2015

Subject: Observance of punctuality in Government Offices.

Instructions have been issued from time to time with regard to the need to observe punctuality by Government servants. Responsibility for ensuring punctuality in respect of their employees rests within Ministries/ Departments/ Offices.

2. The decision to introduce AADHAR enabled Bio-metric Attendance System (AEBAS) in Central Government offices, including attached/ sub-ordinate offices, to replace the manual system of marking of attendance to ensure punctuality is to be implemented in all Ministries/ Departments. This Department vide O.M. of even no. dated 21.11.2014 and 28.01.2015, while recognizing that the Biometric Attendance System is only an enabling platform had, inter-alia, stated that there was no change in the instructions relating to office hours, late attendance etc.

3. In this connection attention is invited to Rule 3(1)(ii) of CCS (Conduct) Rules, 1964 which stipulates that every Government servant shall at all times maintain devotion to duty. Habitual late attendance is viewed as conduct unbecoming of a Government servant and disciplinary action may be taken against such a Government servant. It is also added that punctuality in attendance is to be observed by Government servants at all levels.

4. It is also requested that the necessary directions may be issued to all employees to mark their attendance in BAS portal on regular basis.

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Authority: www.persmin.gov.in

Amendment orders issued by DoPT for Central Civil Services (Joining Time)

Central Civil Services (Joining Time) amendment orders issued by DoPT

Central Civil Services (Joining Time) (Amendment) Rules, 2015.

G.I., Dept. of Per. & Trg., Notification F.No.19011/03/2013-Estt.(AL), dated 27th March, 2015

G.S.R. 229(E) – In exercise of the powers conferred by the proviso to article 309 read with clause (5) of article 148 of the Constitution and after consultation with the Comptroller and Auditor General of India in relation to persons serving in the Indian Audit and Accounts Department the President hereby makes the following rules further to amend the Central Civil Services (Joining Time) Rules, 1979, namely :—

1. (1) These rules may be called the Central Civil Services (Joining Time) (Amendment) Rules, 2015.

(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Central Civil Services (Joining Time) Rules, 1979,-

(i) In rule 4, for sub-rule (4), the following sub-rule shall be substituted, namely:—

“(4) For appointment to posts under the Central Government on the results of a competitive examination or interview or both open to Government servants and others, the Central Government employees and permanent or provisionally permanent State Government employees shall be entitled to joining time under these rules, if such Government servants opt for having their past service m the Central Government or State Government counted for all purposes in the Central Government”;

(ii) In rule 5, in sub-rule (4), for the existing Note, the following Notes shall be substituted, namely:—

“Note 1: Distance means actual distance travelled and not weighted mileage for which fare is charged by the Railways in certain ghat or hill regions.

Note 2: In case of transfer of a Government servant to or from Eastern Region, including Sikkim, Andaman and Nicobar Islands, Lakshadweep and Ladakh, two days additional time shall be admissible over and above the normal joining time reckoned on the basis of actual distance between their old and new place of posting”;

(iii) In rule 6, for sub-rule (1), the following sub-rule shall be substituted, namely:—

“(1) The period of unutilized joining time shall be regulated in terms of the provisions of sub-clause (ii) of clause (a) of sub-rule (1) of rule 26 of the Central Civil Service (Leave) Rules, 1972″;

(iv) after rule 7, the following Notes shall be inserted, namely:—

Note I: The sanction of the admissible joining time shall be accorded by the competent authority exercising the administrative control over the Government servant proceeding on transfer.

Note 2: The joining time pay shall be paid for by the new administrative authority where such Government servant joins on transfer”.

[F. No. 19011/03/2013-Estt.(AL)]

MAMTA KUNDRA, R. Secy.

Note: The principle rules were published in the Gazette of India, Part-II, Section 3, Sub-section (i) vide G.S.R. No. 695 dated the 15th September, 1979, and subsequently amended- vide notification number G.S.R. 90 dated 27th December, 1982 and notification number G.S.R. 197 dated 10th March, 1989.

Amendment of CCS Rules for Persons with Disabilities

Amendment of CCS Rules for Persons with Disabilities

The Department of Personnel & Training (DoPT) has issued a fresh set of Instructions to all Ministries/Departments granting relaxation in the Central Civil Services (Leave) Rules, 1972 for Disabled employees. In an Office Memorandum dated February 25, 2015, the DoPT has reiterated that the disabled employees will be entitled to pay, promotion and other service benefits even if they cannot be taken back to the post they were holding or are adjusted or kept waiting until a suitable vacancy arises.

The medical leave on account of disability will not be subject to ceiling under Rule 12 and any leave debited for the period after a Government servant is declared incapacitated shall be remitted back into his/her leave account.

The leave applied on medical certificate in connection with disability cannot also be refused or revoked without reference to a Medical Authority, whose advice shall be binding. Leave will also be granted even if the Government servant’s family member submits an application/medical certificate in case the employee is unable to do so on account of the disability.

The services of an employee can neither be terminated nor reduced in rank in case the employee has acquired a disability during his service. Any disabled employee who is not fit to return to duty shall be shifted to some other post. If that is not possible, the disabled employee shall be kept on a supernumerary post until a suitable post is available or he attains superannuation. Besides, no promotion shall be denied to a person simply on ground of his/her disability.

Source: www.7thpaycommissionnews.in