LETTER TO CHAIRMAN AEES SEEKING RECOGNITION OF ACTSWA (REGD.)

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

Dear Colleagues,

The following letter has been delivered to the Chairman , AEES and various other authorities in the DAE which contains permission for seeking recognition for our own esteemed ACTSWA. You are requested to go through the letter and air your democratic comments at the above e-mail addresses and make this organisation stronger.

ANUSHAKTI CENTRAL SCHOOL AND JUNIOR COLLEGE TEACHERS’ WELFARE ASSOCIATION (ACTSWA)

(Regd: 1678/2009 GBBSD)

DEVUBAI MHATRE NIVAS

OPP: BMC SCHOOL, GHATLA GAO

CHEMBUR – 400 071

G.V.Kulkarni-----------------------------------D.Seetharama-----------------------Pramod Tanpure
Treasurer-------------------------------------- General Secretary------------------- President

--------------------------------------------------------------------------------------August 31, 2009

To
The Chairman,
A.E.E.S.

Dear Sir,

I have the honour and pleasure of informing your goodself that the representative body of the teaching staff of Atomic Energy Education Society, viz., the Anushakti Central School and Junior College Teachers’ Welfare Association (ACTSWA), has received a Certificate of Registration from the office of the Registrar of Societies, Mumbai (copy enclosed). With this registration, the representative body has now acquired a legal existence.

I also have the honour of informing that teachers in various schools of AEES have become members or have applied to become members of the now registered, representative body.

On behalf of the Anushakti Central School and Junior College Teachers’ Welfare Association (ACTSWA), I now kindly request you to accord recognition to the representative body. In pursuance of this request, I hereby attach a copy of the Constitution and Bye Laws of Anushakti Central School and Junior College Teachers’ Welfare Association (ACTSWA) that was filed with the Registrar and has been duly approved by him.

I also kindly request you to advise us as may be necessary to enable this representative body to secure due recognition of the AEES.

Thanking you.

Yours faithfully,

(D. Seetharama)

Gen. Secretary

========================================================================

AECS-1

KALPAKKAM – 603 102

Copy to:

1. The Chairman, AEC and Secretary Dept. of Atomic Energy.
2. The Additional Secretary, D.A.E - for kind information.
3. The Secretary and all the members of Governing Council of AEES.
4. President – National Federation of Atomic Energy Employees (nfaee), Mumbai.
5. President – National Forum for Aided Institutions Employees - NFAIE (DAE), Mumbai.
6. The Principals of all AECS/JC.
7. Area Secretaries of ACTSWA of all AECS/JC.

Payment of second instalment of 60% arrears to Quasi-Government Organisations, Autonomous Organisations

ACTSWA (REGD.)
Society Regn. No. 1678-2009 GBBSD
EMAIL ADRESS: actswa@gmail.com
President: Shri P S Tanpure
Gen. Sec. Shri Seetharama D
visitors may post comments at the above Email Address.

Grievances and official problems are invited.

No.7/23/2008-E.III(A)
Government of India
Ministry of Finance
Department of Expenditure
NewDelhi,Dated 27th August,2009.
OFFICE MEMORANDUM
Subject:- Payment of second instalment of arrears on account of pay revision of employee of Quasi-Government Organisations, Autonomous Organisations, and Statutory Bodies, etc. set up by and funded/controlled by the Central Government.
The undersigned is directed to refer to this Department's orders issued under Office Memorandum of even number dated 30th September 2008 and 7th October 2008 extending the revised pay structure for the Central Government employees on the basis of the recommendation of the 6th Central Pay Commission to the employees of Autonomous Organization, etc whose pattern of emolument structure i.e.pay sacles and allowances(in particular the Dearness Allowance, the House Rent Allowance and City Compensatory Allowance) were identical to those of the Central Government employees. 2. AS per this Department's resolution No.1/1/2008-IC dated 29th August 2008, the Government had decided that the arrears on account of implementation of 6th CPC recommendation will be paid in cash in two instalments - first instalment of 40% during the year 2008-09 and the remaining 60% in the financial year 2009-10. Orders have since been issued by the Government for payment of remaining 60% of arrears to the concerned Central Government servants. Accordingly, the dicision of the Government for payment of remaining 60% of arrears is hereby extended to the employees of the Autonomous Organisations etc. Howerer, the payment of remaining 60% of arrears will be subject to the conditions stipulated budgetary support for additional expenditure vide para 4 and 4.1 of this Department's Office Memorandum of even number dated 30th September, 2008 at the time of extending the revised pay structure for the Central Government Employees to the employees of Autonomous Oraganisations etc.

NEW PENSION SCHEME - Details

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

Some questions and answers about New Pension Scheme (NPS)

1. What is the New Pension System (NPS)?

The NPS is a new contributory pension scheme introduced by the Central Government for its own new employees. Under the new pension system, each new central government employee will open a personal retirement account on joining service. Every month, and till the employee retires or leaves government service, a part of the employee's salary will be transferred into this account. When the person retires, he will be able to use these savings to take care of the needs and expenses of his family during old age.

2. Who is covered by the NPS?

You are covered by the NPS if

a.You joined central government service on or after 01 January 2004, and

b.You are an employee of a Central (Civil) Ministry or Departments, or

c.You are an employee of a non-civil Ministry or Department including Railways, Posts, Telecommunication or Armed Forces (Civil), or

d.You are an employee of an Autonomous Body, Grant-in-Aid Institution, Union Territory or any other undertaking whose employees are eligible to a pension from the Consolidated Fund of India.

3. If I joined Central Government service on or after 01 January 2004 do I have an option of not being covered by the NPS?

No. The NPS is mandatory for you.

4. I am covered by the NPS. Do the old Pension Rules apply to me?

No. The Central Civil Service Pension Rules (1972) do not apply to you. You are covered only by the New Pension System Rules framed for the NPS.

5. I am covered by the NPS. Can I contribute to the GPF?

No. The General Provident Fund (Central Service) Rules, 1960 also do not apply to you. You will not be permitted to contribute towards GPF.

6. Am covered by the NPS. Am I eligible to Gratuity?

No. You will not be eligible to Gratuity.

7. How does the NPS work?

When you join Government service, you will be allotted a unique Personal Pension Account Number (PPAN). This unique account number will remain the same for the rest of your life. You will be able to use this account and this unique PPAN from any location and also if you change your job. The PPAN will provide you with two personal accounts:

1. A mandatory Tier-I pension account, and

2. A voluntary Tier-II savings account.

8. What is the difference between Tier-I and Tier-II accounts?

1. Tier-I account: You will have to contribute 10% of your basic+DA+DP into your Tier-I (pension) account on a mandatory basis every month. You will not be allowed to withdraw your savings from this account till you retire at age 60. Your monthly contributions and your savings in this account, subject to a ceiling to be decided by the government, will be exempt from income tax. These savings will only be taxed when you withdraw them at retirement.

2. Tier-II account: This is simply a voluntary savings facility for you. Your contributions and savings in this account will not enjoy any tax advantages. But you will be free to withdraw your savings from this account whenever you wish.

9. How will I contribute to my Tier-I (pension) account?

Every month, the government will deduct 10% of your salary (basic+DA+DP) and automatically transfer this amount to your Tier-I account in your name.

10. Will the Government contribute anything to my Tier-I (pension) account?

Yes. As your employer, the Government will match your contribution (10% of basic+DA+DP) and transfer this amount also to your Tier-I account in your name.

11. Can I contribute more than 10 into my Tier-I account?

Yes. You will be permitted to contribute more than the mandated 10% of Basic+DA+DP into your Tier-I account – subject to any ceiling that may be decided by the Government.

12. Will the Government also contribute more than 10 into my Tier-I account?

No. The contribution of the Government will be limited to 10% of your basic+DA+DP.

13. What will happen if I am transferred to another city or country?

The PPAN number will stay the same and you will be able to use the same accounts from anywhere in the world.

14. If I leave Government service before I retire will the Government continue to contribute to my Tier-I account?

No. The 10% contribution by the Government will stop when you leave Government service. However, your savings in your Tier-I and Tier-II accounts will stay in your name and you will be able to continue using these accounts to save for your retirement.

15. What if I die or become permanently disabled during my service?

Pl.refer Office Memorandum: Additional Relief on death/disability of Government servants covered by the NPS(New Pension Scheme) recruited on or after 1.1.2004 No.38/41/06/P&PW(A) Dated 5th May, 2009

16. Where will my savings be invested?

Each PFM will offer you a limited number of simple, standard schemes. You will be free to choose any of the following schemes for investing your savings:

Scheme A This scheme will invest mainly in Government bonds

Scheme B This scheme will invest mainly in corporate bonds and partly in equity and government bonds

Scheme C This scheme will invest mainly in equity and partly in government bonds and corporate bonds.

17. I am covered by the NPS. Do the old Pension Rules apply to me?

No. The Central Civil Service Pension Rules (1972) do not apply to you. You are covered only by the New Pension System Rules framed for the NPS.

18. I am covered by the NPS. Can I contribute to the GPF?

No. The General Provident Fund (Central Service) Rules, 1960 also do not apply to you. You will not be permitted to contribute towards GPF.

19. Who will be responsible for the NPS and for protecting my interests?

The Government is setting up a new dedicated regulatory authority. This will be named the Pension Fund Regulatory and Development Authority (PFRDA). The PFRDA will be responsible for the NPS and for protecting your interests in the NPS.

20. When will my contributions start?

Your contributions (and the matching contribution by the Government) towards your Tier-I pension account will begin only from the month following the month in which you join Government service. During the first month of your service, you will be allotted the PPAN.(PRAN)

21. Who in the Government will issue me a PPAN open my accounts and be responsible for the deductions?

When you join service, your Drawing and Disbursement Officer (DDO) will instruct you to fill out a NPS form. You will be required to provide your full professional and personal details including details of your nominee in this form. The DDO will issue you the PPAN number(PRAN) and will also be responsible for all administrative matters related to your NPS accounts including deduction of your contributions, transferring your contributions and the matching contribution of the Government to your Tier-I pension account.

22. What will happen to my contributions to my Tier-I account?

Your monthly contributions, and the matching contributions by the Government into your Tier-I account, will be transferred by the Government in your name to a Pension Fund Manager (PFM). The PFM will invest your contributions on your behalf. In this way, your savings will earn an interest and grow over time.

23. Which agency will serve as a PFM?

The PFRDA will appoint a limited number of leading professional firms to act as PFMs. One of these PFMs will be a public sector agency.

24. Who will decide which PFM manages my contributions and savings?

You will select a PFM to manage your contributions and savings.

25. Will I be permitted to select more than one PFM to manage my savings?

Yes. If you wish, you will be able to spread your savings across multiple PFMs – where a part of your savings are managed by 2 or more PFMs.

26. Will I be permitted to change my PFM preference?

Yes. If you wish, you will be free to change the PFM and move all your savings to another PFM of your choice.

27. Where will my savings be invested?

Each PFM will offer you a limited number of simple, standard schemes. You will be free to choose any of the following schemes for investing your savings:

Scheme A This scheme will invest mainly in Government bonds

Scheme B This scheme will invest mainly in corporate bonds and partly in equity and government bonds

Scheme C This scheme will invest mainly in equity and partly in government bonds and corporate bonds

28. Will I be able to select more than one scheme?

Yes. You will be free to spread your savings across these three schemes. Whenever you decide, you will also be free to switch your savings from one scheme to another.

29. How will my contributions be transferred to the PFM and scheme selected by me?

You will specify the PFM and scheme to your DDO. The DDO will arrange for transfer of your contributions to the PFM(s) and scheme(s) that you have selected.

30. What rate of return will my contributions earn?

Your contributions will not earn any specified rate of return. The PFM will invest your savings in a scheme of your choice.The returns earned by the PFM on the scheme selected by you will be credited to your account.

31. Will I have to pay any fees or charges under NPS?

You will have to pay a fee to the Central Recordkeeping Agency (CRA) which will maintain your accounts and also to the PFM(s) which manage your savings. These charges will be deducted from your savings on a periodic basis. The fees and charges by the CRA and PFMs will be regulated by the PFRDA.

32. Can I contribute more than the 10 of basic+DA+DP into my TierI account at the moment?

No. You will be allowed to do so only when the PFRDA, CRA and PFMs are appointed.

33. What will happen to my contributions and earnings in my Tier-I account when the PFRDA CRA and PFMs etc. are appointed?

Your full contributions, matching contributions by the Government, and the interest earned on the same will be transferred in your name to the PFM and scheme selected by you.

34. Will I have the option of continuing with the current 8 percent rate of return?

No. Once your savings are transferred to the PFM, your savings will enjoy only the rate of return earned by the PFM on scheme you have selected.

35. When will I be permitted to withdraw from my Tier-I account?

You will be able to withdraw your savings in your Tier-I account at age 60.

36. What will happen to my savings in the Tier-I account when I retire?

You will be able to withdraw 60% of your savings as a lumpsum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

37. Can I use more than 40 of my savings to purchase the annuity?

Yes.

38. What will happen to my savings if I decide to retire before age 60?

You will be required to use 80% of your savings in your Tier-I account to purchase the annuity. You will be able to withdraw the balance 20% of your savings as a lumpsum.

39. Will the annuity also provide a family (survivor) pension?

Yes. You will have an option of selecting an annuity which will pay a survivor pension to your spouse.

40. What will happen to my savings if I decide to retire before age 60?

You will be required to use 80% of your savings in your Tier-I account to purchase the annuity. You will be able to withdraw the balance 20% of your savings as a lumpsum.

41. What will happen to my savings in the Tier-I account when I retire?

You will be able to withdraw 60% of your savings as a lumpsum when you retire. You will be required to use the balance 40% of your savings to purchase an annuity scheme from a life insurance company of your choice. The life insurance company will pay you a monthly pension for the rest of your life.

42. What if I die or become permanently disabled during my service?

The Government is yet to issue any guidelines on this.

43. Will I have to pay any fees or charges under NPS?

You will have to pay a fee to the Central Recordkeeping Agency (CRA) which will maintain your accounts and also to the PFM(s) which manage your savings. These charges will be deducted from your savings on a periodic basis. The fees and charges by the CRA and PFMs will be regulated by the PFRDA.

44. What will happen to my contributions to my Tier-I account?

Your monthly contributions, and the matching contributions by the Government into your Tier-I account, will be transferred by the Government in your name to a Pension Fund Manager (PFM). The PFM will invest your contributions on your behalf. In this way, your savings will earn an interest and grow over time.

Grant of additional pension on attaining the age of 80 years regarding

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

OM No.38/48/09-P&PW(A)

GOVERNMENT OF INDIA

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension and Pensioners Welfare)

*******

Norht Block,New Delhi-110 003

the 27th August, 2009

OFFICE MEMORANDUM

Subject:- OA No. 504 of 2009 filed in the Central Administrative Tribunal, Ernakulam Bench - Grant of additional pension on attaining the age of 80 years regarding.

The following Applications filed OA No. 504 of 2009 in the Central Administrative Tribunal, Ernakulam Bench seeking direction of the hon'ble CAT that the pensioners/family pensioners may be given the additional quantum of pension/family pension, in terms of Department of Pension & PW Resolution No.38/37/08-P&PW(A) dated 29.8.2008, OM No.38/48/09-P&PW(A) (pt.I) dated 3.10.2008, just after their completion of the age of 79 years:

1. Sothern Railway Pensioners Association, Gopalan Vaidyar's Compound, Tileri Road, Bolar, Mangalore.

2. Shri.K.Gopal Shenoy, Retired Wireless Inspector(Railways), Old Canara Bank Building, Padavinagadi, Konchady Post. Mangalore.

3. Kamalaksha, Retired Railway Trollyman, Nadukar House, Kalnad Village, Kasaragod District-670 217.

2. The Central Administrative Tribunel, Eranakulam Bench, in its Order dated 28.7.2009 disposed of the above OA with the following advice to the Secretary, Department of Pension & Pensioners Welfare: "To consider the representations at Annexures A-4 to A-6 along with the grounds raised in the OA and pass a suitable order within a period of two months from the date of communication of this order"

3. In compliance of the above advice of the Hon'ble CAT, the representations at Annexure A-4 to A-6 and the grounds raised in para 5 of the OA No. 504 of 2009 have been examined in the Department of Pension & Pensioners Welfare.

4. The thrust of the arguement made in the representations/OA is that a person attains the age of 80 years on completion of the age of 79 years and, therefore, the additional quantum of pension available on attaining the age of 80 years should be paid immediately on completion of the age of 79 years.

5. The above argument of the Applicants is on account of misinterpretation of the meaning of the phrse "attaining the age of". The position in the Rules regulating the service conditions of the Government servants in this respeect is well settled. In accordance with Rule 56 of the Fundamental Rules applicable to the Government servants, a Government servant retires from service on the afternoon of the last day of the month in which he attains the age of 60 years. Accordingly, a Government servant retires on the afternoon of teh lsat day of the month in which he completes the age of 60 years and not in the month in which he completes the age of 59 years. On this analogy, the additional pension/family pension on attaining the age of 80 years has to be paid only after the pensioner completes the age of 80 years and not after he completes the age of 79 years.

6. In para 5(M) of the OA, the Applicants have referred to the Venkataramani Iyer's Law laxicon with Leagal Maxima (Reprint 1991) according to which a person attains the 21 years "on the day preceding the anniversary of his 21st Birthday". In terms of this definition itself, a person born on 5.4.1988 attains the age of 21 years on 4.4.2009 and not on 5.4.2008

7. It is clear from the above that a person attains the age of 80 years only when he completes the age of 80 years and not when he completes the age of 79 years. However, for the sake of convenience, it has been provided in the orders issued by this Department that the additional quantum fo pension/family pension, on attaining the age of 80 years and above, would be admissiable from the 1st day of the month in which the date of birth falls...

8. In the light of the foregoing, the request of the Applicants for payment of the additional quantum of pension available on attainging the age of 80 years immediately on completion of the age of 79 years is not agreed to.

9. This issues with the approval of Secretary, Department of Pension & Pensioner's Welfare.

Announcement of 60% Arrears from Finance Ministry has been released just now...!

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

F.No. l/l/2008-IC

Government of India

Ministry of Finance

Department of Expenditure

Implementation Cell

NewDelhi,Dated 25th August,2009.

OFFICE MEMORANDUM

Subject: Payment of second instalment of arrears on account of implementation of Sixth Central Pay Commission's recommendations.

As communicated vide this Department's Resolution No.l/l/2008-IC dated 29th August, 2008, the Government had decided that the arrears on account of implementation of Sixth Central Pay Commission's recommendations will be paid in cash in two instalments - first instalment of 40% during the year 2008-09 and the remaining 60% in the financial year 2009-10. The first instalment has already been paid in 2008-09. It has now been decided that the remaining 60% of arrears may now be paid to the concerned Government servants.

2. Further, as already stipulated vide this Department's O.M. No 1 (2)/ EV/2008 dated 17th August, 2009, in the case of post - 0l.01.2004 entrants into the Central Government, the second instalment of arrears may be released only after individual application forms for registration to the New Pension Scheme have been obtained by the DDO/PAO from the concerned Government servant.

3. As in the case of the first instalment of arrears, Government servants will be permitted to deposit their arrears in their GPF Accounts. Though not mandated, Government servants are encouraged to deposit their arrears in their GPF accounts.


Click to view the O.M.

Pre-condition for release of 2nd installment of arrears of 6th CPC

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

blog address : http://actswa.blogspot.com/

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

No.1(2)EV/2008
Government of India

Ministry of Finance

Department of Expenditure

**********

NewDelhi,the dated 17th August,2009.

OFFICE MEMORANDUM

Subject : Implementation of New Pension Scheme – Pre-condition for release of 2nd installment of arrears of 6th CPC recommendations.

Reference is invited to this Department’s earlier Office Memorandums regarding implementation of NPS has been reviewed and the following action needs to be taken up immediately.

i. It has been intimated by NSDL that in a large number of cases pertaining to post 01-01-2004 entrants into Government service, the individual application forms for registration to the NPS have not been filled up and sent to them. It is therefore, advised that all employees under the administrative control of your Ministry/Department who are covered under NPS may be asked to fill up the enclosed form which may then be forwarded by DDO/PAO to NSDL immediately (latest by 31st August, 2009) if this has not already been done. Action in this regard will need to be completed before release of second installment of arrears for which separate orders will be issued. It may be noted that release of the 2nd installment, for post 1/1/2004 entrants, will be subject to the above action being completed.

ii. Further, the review has brought out that there are cases where the CDDOs/PAOs have not uploaded contribution files or (b) regular monthly credits have not been posted in the IRA or (c) there is mismatch of contribution. NSDL has been asked to forward PAO/DDO wise subscriber details which will become available to CDDOs/PAOs by the end of August, 2009. Suitable instructions may be issued to all the PAOs/CDDOs to verify the details/confirm contribution/Fund Transfer circulated by NSDL. Action as prescribed by NSDL/PFRDA while circulating these details (underlying action for missing credits) may be completed positively by 30th September, 2009.

REGARDING ADVERSE REMARK

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

No.11059/18/2002-AIS-III

Government of India

Ministry of Personnel, PG &Pensions

Department of Personnel & Training

____

New Delhi, the 19th April, 2005.

To
The Chief Secretaries
All the State Governments

Sub: - AIS(CR) Rules-1970-Instructions under Rule 8(2) of AIS(CR) Rules, 1970 – regarding adverse remarks

Attention is invited to Rules 8, 9 & 10 of the All India Services (Confidential Roll) Rules, 1970 which provide for communication of adverse remarks and procedure for representation against adverse remarks.

1.2 Rule 8(2) provides that where the Reporting Authority, the Reviewing Authority or the Accepting Authority records an adverse remark, he shall also record a note to the effect that the remark is an adverse remark. It further provides that the question whether a particular remark recorded in the Confidential Report of a member of the service is adverse or not shall be decided by the Government.

1.3 The explanation below Rule 8 (2) of AIS (CR) Rules, 1970 further provides that for the purpose of these rules "an adverse remark means a remark which indicates the defects or deficiencies in the quality of work or performance or conduct of an officer, but does not include any word or words in the nature of counsel or advice to the officer".

1.4 Rule 9 provides for representation against adverse remarks. Rule 10 of the said rule provides for consideration of a representation submitted by a member of Service against an adverse remark and passing orders (a) rejecting the representation, or toning down the remark or (b) expunging the remark.

2. Keeping in view the suggestions and representations received by this Department from members of the Service, it has been decided to lay down the following criteria in regard to writing of the Confidential Reports and communication of adverse remarks under proviso below Rule 8(2):

(i) Where an entry is adverse it should be communicated to the member of the Service. The overall grading should however, not be communicated.

(ii) Even if the entire adverse remarks of Reporting/ Reviewing/Accepting Authorities are expunged by the Government, the overall grading shall remain unchanged. However, the Empanelment Committee or the Departmental Promotion Committee, as the case may be, shall take due note of such expunction and may redetermine the overall grading for the period in question if it considers that the expunction of the adverse remarks has so altered the quality of the ACR as to merit regrading.

(iii) In any case where an entry is downgraded or upgraded, the authority downgrading or upgrading the remark and overall grading should state, as part of the entry, the reasons for downgrading or upgrading with adequate justification in accordance with the instructions on the writing of the ACR.

(iv) Where the authority has upgraded/downgraded the overall grading without giving sufficient reasons, the Government shall treat such an exercise as non-est/invalid. General terms, such as "I agree or disagree with the Reporting Officer/Reviewing Officer" used by the Reviewing/Accepting Authority shall not be construed as sufficient reason for upgrading/downgrading the overall grading given by the Reporting Authority/Reviewing Authority.

3. The above instructions may please be brought to the notice of all concerned.

Yours faithfully,



(G.C.Pandey)
Under Secretary to the Government of India
TeleNo.23092285
Copy to:
(1) All Ministries and Departments of Government of India
(2) Ministry of Home Affairs
(3) Ministry of Environment & Forests
(4) E.O Division
(5) All officers in the DOPT

New tax code from Finance Minister

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

Tax code proposes 10% tax on Rs 10 lakh income.

The government introduced a new direct tax code that seeks to simplify the tax regime in India. This was a much-awaited proposal as the government currently computes taxes based on the Income Tax Act 1961.

The main proposals of the new code are as follows:

1 Slash income tax rates

2 Most exemptions to go

3 Interest on savings to be taxed

4 Up to Rs 1.6 lakh: No tax

5 10 per cent tax for Rs 10 lakh income (Rs 1.2 lakh in hand)

6 20 per cent tax for Rs 25 lakh income (Rs 2.60 lakh more in hand)

7 30 per cent tax for income over Rs 25 lakh

8 To raise deduction limits for savings upto Rs 3,00,000
9 Corporate Tax: Down from 30 per cent to 25 per cent

10 Wealth tax to be levied for wealth above Rs 50 crore

Releasing the code that proposes to consolidate and amend the law relating to all direct taxes, Mr. Mukherjee expressed the hope that it would eventually pave the way for a single unified taxpayer reporting system and meet the aspirations of the young and professionally mobile population.

Income between Rs 10 lakh and Rs 25 lakh would be taxed at the rate of 20 per cent and earnings thereafter would attract a rate of 30 per cent, as per the draft of the new Direct Taxes Code which is aimed at radical direct tax reforms. At present, 20 per cent rate is imposed on income between Rs 3 lakh and Rs 5 lakh. Income beyond Rs 5 lakh attracts 30 per cent tax.

The new code was aimed at eliminating the scope of litigation as far as possible, Mukherjee said, adding that the government would have informed discussions with stakeholders on the tax code.

Raising retirement to 62

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

 Prime Minister Manmohan Singh is keen on extending the retirement age of civil servants to 62. He had apparently been keen to do so earlier this year, but such a change was thought politically risky at a time when the Congress party was using Rahul Gandhi’s youth as its electoral strategy (how do you convince voters that the party is going to harness the energy of the youth if you propose to keep all the old babus for another two years?). It may seem unreal now, but back then many in government feared that the Congress might lose power (even national security advisor M K Narayanan apparently threw a farewell party!), so the PM’s plan was shelved. It is being revived again, with the PM himself taking great interest.

This proposal has two justifications. First and foremost is fiscal. As had happened when the retirement age was raised from 58 to 60 in 1998, the expenditure on pensions would be curbed. In this year’s budget, finance minister Pranab Mukherjee earmarked non-Plan expenditure for pensions at Rs 25,085.49 crore. That is a growth of almost 40 per cent (39.4 per cent). It is a major contributor to the total spending that was announced by Pranab, a little over Rs 10 trillion, a hike of around 36 per cent from last year.Of course, coming at the time of a global economic slowdown this massive expenditure is possibly a good risk to take; but the prime minister is obviously looking for ways to keep costs from running away.

Of course, worse than the central finances are those of many of the States; their governments are far more reckless than the Centre’s. In the decade after New Delhi raised the age of superannuation to 60, the States slowly but surely followed suit. The States would likely follow the Centre’s lead again and that would help them manage their fiscal problems.

The other reason the PM wants to push retirement back another two years is that he wants to make tap the valuable human resource that bureaucrats represent. For one thing, life expectancy in India has gone up. According to UNICEF, in 2007 it was 64 years, and this is a figure that the average bureaucrat would have pulled upwards. Thus, when a civil servant retires at 60, she or he is still at their mental peak, and each acts as an institutional storehouse of government policy and programme implementation. Retaining them for another two years would possibly enrich functioning of the government. At the very least, it would keep some of the hypocrites off the boob tube — it’s very bizarre that the same bureaucrats who set government policy for 30 years or so, start abusing the government at the nearest TV station studio the moment they find themselves jobless. (Maybe it’s their pique at not getting a post-retirement sinecure).

The PM is not the first person to have such a brainwave. Almost a year ago, the University Grants Commission appointed a committee under G K Chadha to study pay revision, and he made a suggestion that teachers’ retirement age be raised to 65. This is timely advice considering that India is currently set to expand education in a major way under the stewardship of the dynamic Kapil Sibal. It is not just a matter of filling the ranks of teachers, but imparting quality teaching to India’s children.

If the PM wants to extend the retirement age then he would only be following a global trend. The retirement age in the US is 65; in Japan it is 60 and the government is gradually raising it to 65 by 2013, but people anyway continue working till 65 on reduced wages. By 2033, Austria’s retirement age will be 65. In Denmark it will be 67 years by 2027. Hungary plans to make it 69 years by 2050. Israel is already raising it to 67 years for men. All these countries and many others are increasing the retirement age because of an increasingly alarming problem — their ageing populations. By 2020, a quarter of Japan’s population will be 65 and over. Life expectancy in the US is about 77, and by 2050 is expected to go up to 83. Japan’s is already 82.4 years. Indeed, the life expectancy in some of the advanced countries, according to 2009 OECD data, are: France 80.9 years, Canada 80.4 years, Sweden 80.8 years, Italy 80.9 years and Spain 81.1 years. You would have to think that as India gets wealthier — which it undoubtedly is — our population’s life expectancy will similarly increase.

Imagine a person retiring at 60, but living till at least 80 (if not more), perhaps physically weakened as she or he passes 75, but still mentally at the top of his or her game. What do they do with such a long retirement? And besides the fact that the increase in life expectancy leaves retirees with too much time on their hands and their skills unutilised, it also places a great burden on the working population, which has to finance the social security and health benefits that the elderly need. In the West it costs much more to maintain an elderly person than it does to raise a child; and health care costs in the rich world are projected to be those countries’ biggest finance headache (much more than the costs of the stimulus to end the current economic crisis). Thus it is not surprising that there are an increasing number of voices in the West and Japan who are talking of increasing the retirement age to 75. Doing so would engage the older citizens, contribute to the state exchequer in terms of taxes from older workers, and reduce the social security burden on the young. It is a surprisingly obvious solution.

 Manmohan Singh will soon enough have the political wind at his back to make this proposal. Good thing, for it is an eminently sensible one.

Source: Express buzz

Only expert can certify medical case as emergency: CAT

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

The Central Administrative Tribunal has held that only a medical expert, not a departmental authority, is "competent" to certify if treatment administered on a government employee is an emergency case deserving medical reimbursement.

"Medical reimbursement cannot be claimed as a right in the context of financial burden on the government but when a laid down policy is there... then the authority, which is competent to certify an emergency, cannot be a departmental authority," the tribunal comprising members Shanker Raju and Veena Chhotray said.

"It is only an expert in the field, which is competent and has jurisdiction to certify whether the treatment incurred was in a state of emergency or not," the CAT said.

Source: PTI

EFFECT OF REGISTRATION / NON-REGISTRATION OF A SOCIETY

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

The Societies Registration Act, 1860 lays down procedure for registration of societies for various bonafide purposes.

The registration gives the society a legal status and is essential

 for opening bank accounts,

 obtaining registration and approvals under Income Tax Act,

 lawful vesting properties of societies, and

 gives recognition to the society at all forums and before all authorities.

When the society is registered, it and its members become bound to the same extent, as if each member had signed the memorandum.

A society, registered under this Act, must confine its activities to the sphere embraced by its objects.

A tax imposed on a society is one imposed on the society and not on its members.

A society registered under the Act enjoys the status of a legal entity apart from the members constituting it. A society so registered is a legal person just as an individual but with no physical existence. As such it can acquire and hold property and can sue and be sued.

The society should be registered under the Act to acquire the status of juridical person.

In the absence of registration, all the trustees in charge of the fund have alone a legal status and the society has no legal status, and, therefore, it cannot sue and be sued. A non-registered society may exist in fact but not in law. It is immaterial under the Act whether the society is registered but where the benefit is claimed, the registration of society under the Act us required. An unregistered society cannot claim benefits under the Income-tax act.

ACCOUNTS & AUDITS

The societies are in possession of funds and properties provided to them by the members or by other persons (by way of donation etc.). The funds and properties are interested for the attainment of objects for which the society has been formed. The members of the governing body are the trustees who apply the funds. It becomes necessary, that the societies maintain regular account books and get them audited and present them to the members at the general meeting and file them with the Registrar for scrutiny. Every society should get its accounts audited once a year by duly qualified auditor and have balance sheet prepared by him. The auditor should submit the report showing the exact date of financial affairs of the society.

LITIGATION

As every society is a legal entity separate from its members it is capable of filing suits against any person or any member. Similarly, the suits can also be brought against the society.

The registered society can file a suit anywhere in India and in any state although it is not registered in that particular state.

ENFORCEMENT OF JUDGEMENT AGAINST SOCIETY

The judgement of decree passed against any person or officer of the society, who represents the society in the legal proceeding, cannot be enforced against the personal property of such person. The property of the society shall only be liable to pay for the decree passed against a society. This protection has been given to the office bearers of the society under the principal Act.

FORMATION FOR PROFIT MOTIVE PROHIBITED

For a society registered under Societies Registration Act, 1860 or under the Section 25 of Companies Act, profit motive for personal use is disentitled. Whatever profit is made through the working of such a society, is accountable for, and is necessary to put back the profit in the working of such a society. The Companies Act under section 25 also prohibits any payment of any dividends of its members as part of profit earned.

Guidelines for Educational Institutions on Influenza A/H1N1

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

Recently, some cases of Influenza A/H1N1 virus among students and staff in certain schools have been found in Delhi and Maharashtra. There has been considerable speculation over the need for closure of schools to control the outbreak. This matter has been considered by the Joint Monitoring Group in the Ministry of Health and Family Welfare.

All schools and colleges are advised to observe the following guidelines for managing cases of infection of Influenza AH1N1:

• Any student or staff member showing flu like symptoms such as fever, cough, running nose and difficulty in breathing should be allowed to stay at home for a period of 7 to 10 days,
• Educational institutions should not insist on production of medical certificate by the student/staff,
• Educational institutions should monitor the health status of such students/staff that might have come in contact with a suspected case of Influenza AH1N1 to see whether they develop flu like symptoms. In case they do so, they should be allowed to stay home, as outlined at (i) above,
• In case of students staying in Hostels, the educational institutions would not only monitor the health status of the students, but also that of care providers. It has to be ensured that the care providers wear face mask and wash hands regularly. It might not be advisable to send the boarders back to home, as it would spread infection further,
• Educational institutions are further encouraged to report such cases to local health officers for further monitoring,
• Given the current magnitude of the spread of AH1N1 infection and the fact that the current virus is fairly mild, closure of educational institutions on account of any student/staff member falling ill with flu like symptoms is not recommended,
• In the first place, the schools should discourage the excursions of the students to the affected countries, and
• In case if the students had proceeded to affected countries on unavoidable tours, then on their return, if some students show flu like symptoms of fever, sore- throat , cough , body ache, running nose, difficulty breathing etc. they should be advised to abstain from attending school and be allowed to stay at home for a period of 7 to 10 days.

Source: Press Information Bureau

Employee to be heard in case of adverse ACR: CAT

ACTSWA (REGD.)

Society Regn. No. 1678-2009 GBBSD

EMAIL ADRESS: actswa@gmail.com

President: Shri P S Tanpure

Gen. Sec. Shri Seetharama D

visitors may post comments at the above Email Address.

Grievances and official problems are invited.

The government has to give an opportunity to its employee to present his case if there is an adverse remark in the Annual Confidential Report(ACR) which could hamper his promotion, the Central Administrative Tribunal(CAT)has said.

The tribunal passed the order on a petition of a senior scientist, J P Sharma, working with Indian Council of Agricultural Research(ICAR),alleging that he was deprived of promotion on the basis of an adverse ACR without giving him an opportunity to challenge the report.

The government contended that overall grading in his ACR for last two years was 'average' but denied him the right to representation on the ground that it was 'not adverse'per se.

But, the tribunal did not agree with the government's view and said the employee has the right to be heard in all cases where his prospect of promotion gets adversely affected due to the 'average' grading as he would get promoted only after getting 'very good' grading.

"It is the effect which the entry is having which determines whether it is an adverse one or not. Any entry below the benchmark which deprives someone of eligibility for promotion must be informed about and be given a right to representation," the Bench comprising chairman V K Bali and N D Dayal said.

Source: Zee News