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Filing of property Returns twice a year to be relaxed – Central Government Employees to file property returns both under Lokpal Act and Conduct Rules in the year 2015

As per the existing provisions of Lokpal and Lokpal Ayuktas Act 2013 and CCS Conduct Rules for Central Government Employees, Declaration of Assets and Liabilities of an employee has to be filed separately under both these statutes.

However, once the existing provisions of Conduct rules is harmonised with filing of assets and liabilities returns under Lokpal, central government employees may be required to file property returns only once a year.

Economic Time reports on this issue as follows:

Central government employees may be exempted from filing details of their assets and liabilities twice as mandated under Lokpal Act and other service rules governing them as the Centre has suggested a way out.

As per the Lokpal Act, every public servant shall file the returns of his assets and liabilities, including that of his spouse and dependent family members. These returns are in addition to the similar ones filed by the employees under various services rules.

"The requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation or suppression of the requirement of filing of property returns under the existing conduct rules.

"In view of this, the requirement of filing of property returns under the existing conduct rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules," the Department of Personnel and Training (DoPT) said.

In other words, the requirement of filing returns of assets and liabilities under the applicable conduct rules has to continue, till such time as the provisions of those rules are harmonised with the relevant provisions of the Lokpal Act and the rules framed thereunder by carrying out appropriate amendments in them, it said in an order issued yesterday.

All ministries, departments and cadre controlling authorities have been asked to ensure that necessary follow-up action for harmonising the provisions of the relevant service rules is completed before July 15, the DoPT said.

The Centre had in an order issued last month revised the time limit of bringing in changes to the the relevant service rules to 18 months from the date of Lokpal Act coming into force, i.e January 16, 2014.

Till, the rules are not harmonised, all public servants have been asked to file their annual property returns as per the existing service rules and Lokpal Act.

The last date for filing the assets details under the Lokpal Act is till April this year.

As per the Lokpal Act, every public servant shall file the returns of his assets and liabilities, including that of his spouse and dependent family members, on March 31 every year on or before July 31 of that year.

For the current year, the last date for filing these returns was September 15, which was later extended to December-end and now till April 30, 2015.

All Group A, B, and C employees are supposed to file a declaration under the new rules. There are about 26,29, 913 employees in these three categories, as per the government’s latest data.

Source: The Economic Times

BENEFITS FOR CENTRAL GOVERNMENT EMPLOYEES GROUP INSURANCE SCHEME 1980

 

No.7(1)/EV/2014
Government of India
Ministry of Finance
Department of Expenditure
New Delhi, the 22 January 2015
OFFICE MEMORANDUM
Sub: Central Government Employees Group insurance Scheme 1980 — Tables of Benefits for the savings fund for the period from 01.01.2015 to 31.12.2015.
The undersigned is directed to refer to this Ministry’s O.M. No.7 (1)/E V/2013 dated 8th January, 2014 forwarding therewith Tables of Benefits under CGEGIS for the year 2014. New Tables of Benefits for the savings fund of the Scheme based on a subscription of Rs.10 per month from 1.1.1982 to 31.12.1989 and Rs. 15 per month we.f. 1.1.1990 onwards have been prepared for the year 2015 and a copy of the table is enclosed. Another Table of Benefits for the savings fund based on a subscription of Rs. 10 per month for those employees who had opted out of the revised rates of subscription w.e.f. 1.1.1990 have also been drawn up for the year 2015 and a copy of that table is also enclosed. The amounts in the Tables have been worked out on the basis of interest @ 10% per annum(compounded quarterly) for the period from 1.1.1982 to 31.12.1982. 11% per annum (compounded quarterly) w.e.f. 1.i.1983 to 31.12.1986, 12% per annum(compounded quarterly) w.e.f. 1.1.1987 to 31.12.2000, 11% per Annum (compounded quarterly) w.e.f. 1.1.2001 to 31.12.2001, 9.5% per annum(compounded quarterly) w.e.f. 1.1.2002 to 31.12.2002, 9.0% per annum(compounded quarterly) w.e.f. 1.1.2003 to 31.12.2003.8% per annum (compounded quarterly) w.e.f. 1.1.2004 1030.11.2011. 8.6% per annum (compounded quarterly) w.e.f. 1.12.2011 to 31.03.2012, 8.8% per annum (compounded quarterly) w.e.f. 1.04.2012 to 31.03.2013 and 8.7 % per annum (compounded quarterly) w.e.f. 01.04.2013 onwards. The mortality rate under the Scheme has been taken as 3.75 per thousand per annum up to 31.12.1987 and 3.60 per thousand per annum thereafter in both the cases. While calculating the amount il has been assumed that the subscription has been recovered or will be recovered from the salary of the month in which a member ceases to be in service failing which it should be deducted from accumulated amounts payable.
2. In its application to the employees of Indian Audit and Accounts Department this Office Memorandum issues in consultation with the Comptroller and Auditor General of India.
(VIJAY KUMAR SINGH)
DIRECTOR
Download The Table: CGEGISTables23012015

Haryana’s decision to reduce retirement age of State Govt. Employees to 58 years is upheld

The retirement age of Haryana Government employees now stands reduced to 58 years from 60 years as the Punjab and Haryana High Court has hpheld the decision of the Manohar Lal Khattar government to the effect. 

The decision is likely to impact nearly 5,000 of the 3 lakh employees on an immediate basis. Government sources had earlier claimed that while the reduction in retirement would result in an additional burden of RS. 200 crore on the exchequer on immediate basis it would prove beneficial in the long run as it would lead to more job opportunities at the entry level. It was on November 25 that Mr. Khattar had announced the reduction in retirement age of employees. On Tuesday, the court dismissed the petitions filed by the employees against the decisions. 

The Hindu

CG employees eligible for DA hike by 6% from January,2015?

Central government employees will be entitled to 6% additional dearness allowance (DA) with effect from January 1, 2015, taking it to 113% of their basic pay.

DA is linked to the consumer price index (industrial workers). The government uses CPI-IW data of the past 12 months to arrive at a quantum for calculating any DA hike.The increase DA is in accordance with the accepted formula, based on recommendations of the 6th Central Pay Commission. According to the formula, DA is calculated on the basis of the 12-month average of the Consumer Price Index for Industrial Workers.The consumer price index (industrial workers) has remained stationery at 253 for last four months August to November and even for December, 2014; it is likely to remain same.The CPI (IW) of other months January, February, March, April, May, June and July are 237, 238, 239, 242, 244, 246 and 252 respectively.

 As such, the retail inflation for industrial workers between January 1 to December 31, 2014 would be used to take a final call on the matter.Accordingly, the average inflation during this period had stood at 6.3 per cent.In the above scenario, there is not so much scope for DA increase more than 6 percent from January, 2015.However, the employees’ bodies are pressing hard to merge 50 percent dearness allowance (DA) with basic pay to provide relief to employees.With merger of DA with basic pay, the salary and allowances paid in proportion of basic pay are increased. As per earlier practise DA was merged with basic pay once it breached 50% mark. But 6th Pay Commission has disallowed it.

Estimated New Pay Scales of CG Employees on implementation of 7th CPC

CESTAT Bench in Hyderabad by March,2015

Justice Goda Raghuram, President, CESTAT said on Saturday in Hyderabad that the Tribunals proposed  Bench in Hyderabad is likely to start functioning in two months.

It is part of such Benches – three of them at new locations – sanctioned by the Centre and set to benefit trade and industry in Telangana and Andhra Pradesh. In the absence of a Bench, appeals from the States against orders and decisions of Commissioners of Customs, Excise and Service Tax are taken to the Bench in Bengaluru.

Justice Raghuram who was addressing a seminar organised by the Federation of Telangana and AP Chambers of Commerce and Industry here, said the Bench is likely to be located at a government building here. Biesides Hyderabad, new CESTAT Benches are being set up in Chandigarh and Allahabad, while New Delhi, Mumbai, Chennai are getting an additional Bench each.

The six Benches will help reduce pendency of appeals. Around one lakh appeals have been pending before the Benches and over Rs. 2 lakh crore revenue was in the pipeline of adjudication. To queries from press persons later, he said of the 13,500 pending appeals before the Bengaluru Bench, whose jurisdiction included Karnataka and Kerala, 6,300 – 6,500 that were from Telangana and AP would be shifted to Hyderabad. The recruitment process for the six Benches was in an advanced stage, he said, adding there is a lot of infrastructure to be created since its a critical level institution.

 

The Hindu

Hyderabad Customs seizes 2.8 KGs of Gold seized in RGI Airport

Hyderabad Customs has seized 2.8 Kgs of Gold in RGI Airport on 16-1-2015 from a passenger who travelled from Sharjah to Hyderabad by Air Arabia  flight No. 9W-548. 

Shri K. Ajay Kumar, Superintendent, Air Intelligence Unit (AIU), C Batch has played a pivotal role in seizure of the gold worth nearly Rs. 1 Crore. 

Congratulations to Shri K.Ajay Kumar and his team of AIU, C Batch in particular and Hyderabad Customs in general.  Keep up the good job. 

Of late Hyderabad Customs has been spectacularly successful in controlling smuggling of Gold and seizure of smuggled gold in RGI, Hyderabad. 

Below are the pictures of Shri K.Ajay Kumar, Superintendent and his AIU C Batch with the seized gold. 

Incidentlly,  Shri K.Ajay Kumar and is a national Volleyball player and represented Hyderabad Zone in several national and international games. He has also won silver medal in World Police and Fire Games held in Stockholm, Sweden in 1999. 

Both IPR and Lokpal Declarations have to be filed till Conduct Rules are amended – DoPT clarifies

No. 407/12/2014-AVD-IV(B)

Bharat Sarkar/Government of India

Ministry of Personnel, Public Grievances and Pensions

Department of Personnel and Training

New Delhi, the 13th January, 2015

Office Memorandum

Subject: Declaration of Assets and Liabilities by public servants under section 44 of the Lokpal and Lokayuktas Act, 2013 – extension of last date for filing of revised returns by public servants who have filed property returns under the existing service rules – Clarification on filing of property returns in accordance with existing service rules for different categories of public servants -Reg.

The undersigned is directed to refer to this Department’s notification G.S.R. No.918(E) dated 26th December, 2014, further amending the Public Servants (Furnishing of Information and Annual Return of Assets and Liabilities and the Limits for Exemption of Assets in Filing Returns) Amendment Rules, 2014, extending the time limit for filing of revised returns by all public servants from 31st December, 2014 to 3oth April, 2015 (Annexure-I) 

2. In this regard, several queries are being received from various Ministries/Departmems/cadre authorities, as to whether there is any need for public servants to file property returns under the relevant provisions of the existing service rules, as applicable to them, since they are now required to file information and annual returns under the provisions of the Lokpal and Lokayuktas Act, 2013.

3. The provisions relating to filing of assets and liabilities by public servants are contained in section 44 of the Lokpal and Lokayuktas Act, 2013 (Lokpal Act). Under the said section, a public servant is required to furnish to the competent authority the information relating to —

(a) the assets of which he, his spouse and his dependent children are, jointly or severally, owners or beneficiaries; and

(b) his liabilities and that of his spouse and his dependent children.

As against this, the general requirement as contained in most of the applicable Conduct Rules for government servants (AIS Conduct Rules, CCS Conduct Rules, etc.) require the public servant to submit a return, giving the full particulars regarding:–

(a) the immovable property owned by him, or inherited or acquired by him or held by him on lease or mortgage, either in his own name or in the name of any member of his family or in the name of any other person;

(b) shares, debentures, postal Cumulative Time Deposits and cash including bank deposits inherited by him or similarly owned, acquired or held by him;

(c) other movable property inherited by him or similarly owned, acquired or held by him; and

(d) debts and other liabilities incurred by him directly or indirectly.

Thus, it may be seen that the scope of the information to be furnished under the Lokpal Act is substantially different from that of the information required to be furnished under the applicable Conduct Rules. Further, under the Conduct Rules, public servants are generally required to submit annual property returns as on the 1st January of the year, on or before 31st January of that year. The Lokpal Act, on the other hand, requires the filing of annual returns as on the 31st March of the year by each public servant on or before 31st July of that year. Thus, the requirements of the Lokpal Act and the relevant Conduct Rules are different in the manner of filing information also. This being the case, the requirement of filing returns under the relevant Conduct Rules can be dispensed with only by amending such rules, both in regard to their substantial requirement and in regard to the manner of filing information, so as to bring them in harmony with the provisions of section 44 of the Lokpal and Lokayuktas Act, 2013.and the rules framed thereunder.

4. In this context, attention of various Ministries/Departments/cadre authorities is further invited to the provisions of section 56 of the Lokpal and Lokayuktas Act, 2013, which reads as under:-

“56. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act”.

The above provisions mandate that even if there are any provisions in any existing law (which, inter alia, includes relevant Conduct Rules framed under Article 309, etc.) which are inconsistent with the provisions of the Lokpal Act, the provisions of. the Lokpal Act shall have effect, notwithstanding such inconsistency. Thus, the provisions regarding filing of information/annual returns regarding assets and liabilities by public servants under section 44 of the Lokpal Act shall have effect, notwithstanding anything inconsistent therewith in the applicable Conduct Rules. In other words, the filing of information/annual return under the Lokpal Act in the manner prescribed by rules made under that Act, is a mandatory requirement, and the same cannot be dispensed with under any circumstances, except by an amendment of the Act itself.

5. Attention in this regard is also invited to section 57 of the Lokpal Act which reads as under:-

“57 , The provisions of this Act shall be in addition to, and not in derogation of, any other law for the time being in force”.

A combined reading of section 57, along with section 44 of the Act, would make it clear that the requirement of filing returns regarding assets and liabilities under the Lokpal Act is in addition to, and not in derogation/supersession of the requirement of filing similar returns under the existing Conduct Rules. In view of this, the requirement of filing of property returns under the existing Conduct Rules is an independent requirement under the applicable rules and the same can be dispensed with, only by amending those rules. In other words, the requirement of filing returns of assets and liabilities under the applicable Conduct Rules has to continue, till such time as the provisions of those rules are harmonised with the relevant previsions of the Lokpal Act and the rules framed thereunder, by carrying out appropriate amendments in them.

6. Attention in this regard is also invited to the Central Government’s notification, S.O. 3272(E) dated 26th December, 2014 (Annexure-II), further amending the Lokpal Lokayuktas (Removal of Difficulties) Order, 2014, for the purpose of extending the time limit for carrying out necessary changes in the relevant rules relating to different services from “three hundred and sixty days” to “eighteen months”, from the date on which the Act came into force, i.e., 16th January, 2014. In view of this, all Ministries / Departments/cadre authorities are required to complete the necessary exercise for harmonising the provisions of relevant Conduct Rules with the provisions of the Lokpal Act and the rules made thereunder, within this extended time of eighteen months. All Ministries/Departments and other cadre controlling authorities have been appraised about this requirement separately through D.O. letters of clean number dated 8th September, 2014 and 29th December, 2014 issued by this Department. In view of this, it is incumbent upon all Ministries / Departments/cadre controlling authorities to ensure that the relevant conduct rules relating to services administered/controlled by them are brought in harmony with the provisions of the Lokpal Act and rules made thereunder within this extended time limit of eighteen months.

7. All Ministries/Departments/cadre authorities are, therefore, requested to ensure that –

(a) necessary follow-up action for harmonismg the provisions of the relevant rules relating to all categories of public servants (as defined in the Act) falling under their respective jurisdiction/administrative/cadre control is completed within the revised time limit of 18 months from the date of coming into force of the Act, i.e., 16.01.2014, as now provided in the Order dated 26th December, 2014 (i.e., on or before 15th July, 2015), positively; and

(b) all public servants falling under their respective jurisdiction / administrative/cadre control, continue filing their annual property returns under the existing provisions of the applicable Conduct Rules [such as. the AIS (Conduct) Rules, CCS (Conduct) Rules, etc.,] till such time as the exercise as indicated in (a) above is completed and the relevant service rules are brought in line with the provisions of the Lokpal and Lokayuktas Act, 2013 and the rules framed thereunder.

sd/-

(Jishnu Barua)

Joint Secretary to the Govt. of India

DoPT releases new formats for Lokpal Declarations to be filed by CG employees

DoPT has released formats for Lokpal Declarations by CG Employees. Due date is 30-4-2015. Declarations to be filed as on 1-8-2014. Total Four Forms along with covering letter. Form-I: Details of Public Servant, his/her spouse and dependent children. Form-II: Statement of movable property on first appointment or as on 1-8-2014 by Public Servant, spouse and dependent children. Form-III: Statement of immmovable property on first appointment or as on 1-8-2014 by Public Servant, spouse and dependent children. Form-IV: Statement of liabilities by Public Servant, spouse and dependent children.

IPR-7.1.2015.pdf

Major Reshuffle In IRS Cadre In CBEC – Board issues Promotion-cum-transfer orders of Commissioners

New Delhi: In a major reshuffle in the IRS (Customs & Central Excise) cadre, 109 senior officials on Tuesday were either promoted or transferred in Central Board of Excise and Customs (CBEC) under Union Finance Ministry.

CBEC Chairman Kaushal Srivastava

CBEC Chairman Kaushal Srivastava

According to office order, passed by the CBEC, 109 commissioners were transferred, While 84 officers were promoted from additional commissioner to commissioner on ad-hoc basis.

 
The officers of 1992 and 1993 batches were promoted to Commissioner rank.
“The promotions were made on provisional and ad-hoc basis initially for a period of one year, with effect from the date of assumption of charge of the post or until further orders whichever is earlier, with further direction that the concerned officers will have no right to claim for regular promotion at a later stage when the regular promotions are made,” said the office order.
The promotions and transfers are part of cadre restructuring and the exercise will address increased work in load and also provide better revenue administration.