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Tuesday, August 16, 2016

7th CPC Anomalies – NJCA writes to constituents to send anomalies with illustration

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7th CPC Anomalies – NJCA writes to constituents to send anomalies with illustration

NJCA CIRCULAR – DATED – 12th AUGUST 2016
“All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committee for settlement.”

NJCA
National Joint Council of Action
4, State Entry Road, New Delhi – 110055
No.NJC/2016/7th CPC
August 12, 2016
To
All Constituents of NJCA

Dear Comrades,

We have been receiving communication from various organizations as also from individual employees after the promulgation of the notification by the Government on 7th CPC recommendations. Most of these communications had been to express the anxiety and in some cases anger too over the delay in setting up the high level committee, assured by the Group of Minister to review the minimum wage and multiplication factor.

We have been pursuing the said issue on a day to day basis and we are fully appreciative of the apprehensions expressed in many of these letters. Since the decision making in the Government is a long procrastinated matter involving various levels and departments, such delays are not uncommon. But we have been informed as to why the assurances held out have not been translated into action.

We have also noted that in the absence of the JCM functioning especially at the Departmental levels of various Ministries, the department specific anomalies and demands are not being subjected to any meaningful negotiations with the respective organizations. We have addressed the Cabinet Secretary to hold a special discussion with us on this subject immediately. Copy of our letter is enclosed.

On 12th August, 2016, we have met the Secretary Pensions to convey our strong resentment over the decision to allow the Option No. 1 given to the pensioners to be implemented subject to feasibility. We have reiterated that while we are open to discussion as to the methodology of verification of the claims of individual petitions in respect of Option No.1, we would not be able to countenance of the non-implementation of the recommendation of the 7th CPC on the flimsy ground of non-availability of records.

The available NJCA members met today at Delhi to review the situation in the background of the feeling conveyed to us through letters from various organizations. We have after taking note of the anxiety expressed and the ongoing discussions with various authorities over the setting up of the high level committee to wait up to the end of this month before we embark upon any action for the setting upon of the said high level committee. The employees may be apprised of this decision through the requisite campaign programme.

In the meantime, we must endeavor to support the one day strike action slated for 2nd September, 2016 for which the call has been given by the Central Trade Unions (including independent Federations) to the hest of the ability of the respective organizations as the objective of the strike is the betterment of the working people in our country.

7th CPC Anomalies

All the Constituents Organizations are requested to forward the various anomalies arising out of the implementation of the 7th CPC notification / CCS (RP) Rules 2016 to the Staff Side office with brief / illustration etc. within in 15 days from today so as to enable us to study and forward the same to the Anomaly committee for settlement.

With greetings,

Yours fraternally,
sd/-
(Shiva Gopal Mishra)
Convener

Source: Confederation

Implementation of Seventh Central Pay Commission Recommendations – Instructions Reg

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Implementation of Seventh Central Pay Commission Recommendations – Instructions Reg

CONTROLLER GENERAL OF DEFENCE ACCOUNTS
CGDA, Ulan Batar Road, Palam, Delhi Cantt – 110010

AN/XIV/14162/Seventh cpc/Vol-I
Dated: 5.8.2016
To,
All PCsDA/CsDA/PIFA/IFAs/PCA(Fys)Kolkata/JCDA(AF) Nagpur
CDA(ITSDC) Secunderabed

Subject: Implementation of Seventh Central Pay Commission Recommendations – Instructions Regarding.

A copy of Ministry Of Finance, Department of Expenditure (Implementation Cell, 7th CPC) Office Memorandum bearing No.1-5/2016-IC dated 29.07.2016, Ministry of Finance (Department of Expenditure) notification No.512 dated 25.07.2016, Ministry of Finance (Dept of Expenditure) Resolution dated 25.07.2016 may please be downloaded from the CGDA website inter alia the instructions laid down as under so far as regulation of pay of DAD employees as per 7th CPC is concerned.

2. The salient features of the notification are as under:-

(i) Minimum Pay in government with effect from 01.01.2016 at Rs.18000/- per month

(ii) Fixation of initial pay in the revised pay Structure

The Manner of initial fixation of pay has been indicated in Rule 7 of CCS(RP) Rules 2016. The fixation of pay of the employee in the pay Matrix will be determined by multiplying the existing pay (Pay in Pay Band plus Grade Pay) in the pre-revised structure as on 31st day of Decemeber, 2015 on 1st day of January, 2016. The existing pay (Pay in Pay Band plus Grade pay) in the pre-revised structure as on 31st day of December, 2015 shall be multiplied by a factor of 2.57 and the figure so arrived at is to be located in the Level corresponding to Employee’s Pay Band and Grade Pay or Pay Scale in the new Pay Matrix. The pay Matrix comprising two dimensions having horizontal range in which each level corresponds to a “functional role in the hierarchy” with number assigned 1,2,3 and so on till 18 and “vertical range” denoting “Pay progression” has been laid down at Schedule read with Rule 3 (vi) and 7(2) of CCS(RP) Rules 2016. Illustration for pay fixation has been given under Rule 7 of RPR 2016.

If a cell identical with the figure so arrived at is available in the appropriate level, that Cell shall be the revised pay, otherwise the next higher cell in that level shall be the revised pay of the employee. The fitment factor of 2.57 to be applied uniformly for all employees. All PCsDA/CsDA may circulate copies of RPR 2016 to all sections in Main Office and sub offices and obtain a certificate from them all the staff members have noted its contents.

(b) In case, a Government servant has been placed in a higher grade pay or scale between 1st January 2016 and the date of notification of these rules on account of promotion or up gradation, the Government servant may elect to switch over to the revised pay structure from the date of such promotion or upgradation, as the case may be.

(c) The fixation of pay in case of promotion from one level to another in the revised pay structure on or after 01.01.2016 will be regulated as under:

One increment shall be given in the level from which an employee is promoted and he shall be placed at a Cell equal to the figure so arrived at in the level of the post to which he is promoted and where no such cell in available in the level to which he is promoted, he will be placed at the next higher cell in that Level.

(d) The option to retain the existing pay structure under the provisions to this rule shall be admissible only in respect of existing pay band and Grade pay of scale.

(e) the aforesaid option is not applicable to any person appointed to a post for the first time in government service or by transfer from another post on or after 1st day of January 2016.

(f) where the Government servant is in receipt of personal pay immediately before the date of notification of these rules, which together with his existing emoluments exceed the revised, the difference/excess arrived at shall be allowed to such Government servants as personal pay to be absorbed in future increases in pay.

(g) MACP will continue to be administered at 10,20 and 30 years as before and granted in hierarchy horizontally in new pay Matrix. i.e the employee will move to immediate next level in hierarchy. Fixation of pay will follow the same principle as that for a regular promotion in the pay Matrix. MACPS will continue to be applicable to all employees up to Higher Administrative Grade (HAG) level except members of organized Group “A” services.

(h) Pay of employees whose pay have been fixed conditionally based on direction of Hon’ble court order and the same is still sub-judice before Hob’ble court may be fixed under CCS(RP)2016 conditionally/provisionally subject to outcome/finalization of appeals filed before respective courts.

(iii) Fixation of pay of employees appointed by direct recruitment on or after 1st day of January 2016

Pay of direct recruits appointed on or after 1st day of January 2016 shall be fixed at the minimum pay or the first cell in the level, applicable to the post to which such employees are appointed.

Provided that where the existing pay of such employee appointed on or after 1st day of January 2016 and before the notification of these rules, has already been fixed in the existing pay structure and if his existing emoluments happen to exceed the minimum pay or the first Cell in the Level, as applicable to the post to which he is appointed on or after 1st day of January 2016, such difference shall be paid as personal pay to be absorbed in future increments of pay.

(iv) Increments in Pay Matrix

The Increments in pay Matrix will move vertically down the same cells applicable in the pay Matrix. Illustation to regulate the same has been laid down under Rule 9 of CCS(RP) Rules 2016.

(v) Date of increment in the revised Pay structure

There will be two dates for grant of increment namely, 1st January and 1st July every year, instead of existing uniform date of 1st July:

provided that an employee shall be entitled to only one annual increment either on 1st January or 1st July depending on the date of appointment, promotion or grant of financial upgradation.

(b) The increment in respect of an employee appointed/Promoted/financial upgradation including Modified Assured Career Progression Scheme during the period between 2nd January and 1st July (both inclusive) shall be granted on 1st January and those appointed/promoted/financial upgradation including Modified Assured career Progression Scheme between 2nd July and 1st January (both inclusive) shall be granted on 1st July. Illustrations to regulate the same has been provided under Rule 10 of CCS (RP) Rule 2016.

(c) Benchmark for performance appraisal for promotion and financial upgradation under MACPS to be enhanced from “Good” to “Very Good”.

Annual increments will be withheld in the case of those employees who are not able to meet the benchmark either for MACP or a regular promotion within the first 20 years of their service.

(vi) Rate of Allowances

The revised rates and the date of effect of all allowance (other than Dearness Allowance) based on the recommendations of the 7th central Pay Commission shall be notified subsequently and separately, Until then, all such allowances shall continue to be reckoned and paid at the existing rates under the terms and conditions prevailing in the pre-revised pay structure as if the existing pay structure has not been revised under CCS(RP) Rules 2016 issued on 25.07.2016

The reference base for calculation of Dearness Allowance shall undergo change in the revised RPR 2016 will be linked to average index as on 01.01.2016 and notified by government at a later stage.

(vii) Regulation of Interest free advances

The existing system of interest free advances for medical treatment, Travelling Allowance for family of deceased, travelling Allowance on tour or transfer and LTC shall continue as hitherto. The recommendation of the seventh Central Pay Commission relating to interest bearing advances (refer Para 9.15 of Report) has alo has been accepted by the Government.

(viii) Payment of Dearness Allowance

The revised pay structure effective from 01.01.2016 includes the Dearness Allowance of 125% sanctioned from 01.01.2016 in the pre-revised pay structure. The Dearness Allowance in the revised pay structure shall be zero from 01.01.2016

The rate and date of effect of the first installment of Dearness Allowance in the revised pay structure shall be as per the orders to be issued in this behalf in future.

(ix) Deduction of CGEIS

The existing rate of monthly contributions under Central Government Employees Group Insurance Scheme (CGEGIS) shall continue to be applicable under the existing rates until further orders.

(x) Mode of Payment of arrears of Pay

The arrears accruing on account of revised pay consequent upon fixation of pay under CCS(RP) Rules 2016 w.e.f 01.01.2016 shall be paid in cash in one installment alongwith the payment of salary for the month of August 2016, after making necessary adjustment on account of GPF and NPS, as applicable, in view of the revised pay. the paying authority shall ensure that the action is taken simultaneously in regard to Government’s contribution towards enhanced subscription.

With a view to expedite authorization and disbursement of arrears, arrear claims may be paid without pre-check of fixation of pay in the revised scales of pay. However, the facility has not been dispensed with in respect of those Government servants who have relinquished service on account of dismissal, resignation, discharge, retirement etc. after the date of implementation of the pay Commission’s recommendations but before the preparation and drawl of arrear claims, as well as in respect of those employees who had expired prior to exercising their option for the drawal of pay in the revised scales.

The requirement of pre-check of pay fixation having been dispensed with, it is not unlikely that the arrears due in some cases may be computed incorrectly leading to overpayments that might have to be recovered subsequently. Therefore, paying authority, should, make it clear to the employees under their administrative control. while disbursing the arrears; that the payments are being made subject to adjustment from amounts that may be due to them subsequently sholud any discrepancies be noticed later. For this purpose, an undertaking may also be obtained in writing from every employee at the time of exercising option under Rule 6(1) thereof. A specimen form of the undertaking as prescribed as per a “Form of Option” under Rule 6(2) of CCS (RP) Rules 2016 is enclosed as Annexure-III.

In order to facilitate a smooth and systematic fixation of pay, a proforma has been annexed for the purpose (Statement of Fixation of Pay) is enclosed as per CCS(RP) 2016 to be prepared in triplicate and one copy thereof be placed in the service book of the employee concerned and another copy made available to the concerned accounting authorities [Chief controller of Account/controller of Accounts/Accounts Officer] for post check.

(xi) Deduction of Income Tax

In authorizing the arrears, Incomes Tax due may also be deducted and credited to Government in accordance with the instructions on the subject.

(xii) Hindi Version will follow.

Please acknowledge receipt.

(T.K.Jajona)
Sr.Dy.CGDA(AN)


Authority: http://cgda.nic.in/adm/circular/7Cpc-05082016.pdf

MOD Letter on implementation of 7th Pay Commission Recommendations

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MOD Letter on implementation of 7th Pay Commission Recommendations

Government of India
Ministry of Defence
D(Civ-I)

Subject : Implementation of recommendations of the VII CPC — issue of Resolution by the Ministry of Finance (Deptt of Expenditure)

Ministry of Finance has issued the Resolution dt. 25.07.2016 regarding acceptance of the recommendations of the VII CPC by the Government of India. The Resolution provides, interalia, as under-

(a) The Government, after consideration, has decided to accept the recommendations of the Commission in respect of the categories of employees covered in its Terms of Reference contained in the aforesaid Resolution dated the 28th February, 2014 in the manner as specified hereinafter.

(b) The recommendations on allowances (except Dearness Allowance ) will be referred to a Committee comprising Finance Secretary and Secretary (Expenditure) as Chairman and Secretaries of Home Affairs, Defence, Health and Family Welfare, Personnel and Training, Posts and Chairman, Railway Board as Members, The Committee will submit its report within a period of four months. Till a final decision on Allowances is taken based on the recommendations of this committee, all Allowances will continue to be paid at existing rates in existing pay structure, as if the pay had not been revised with effect from 1st January, 2016.

(c) The Government has accepted the recommendations of the Commission on upgrading of posts except for those specified at Annexure III of the Resolutions. The recommendations on the upgradations specified at Annexure III will be separately examined by Department of Personnel and Training for taking a comprehensive view in the matter. These are as under”


(d) Recommendations not relating to pay, pension and allowances and other administrative issues specific to Departments/Cadres/Posts will be examined by the Ministries/Departments concerned as per the Allocation of Business Rules or Transaction of Business Rules.

(e) Anomalies committees will be set up by the Department of Personnel and Training to examine individual, post-specific and cadre-specific anomalies arising out of implementation of the recommendations of the commission.

2. The above provisions of the Resolution are brought to the knowledge of all the Administrative Division of MOD for their information and for taking necessary action in respect of the posts/cadres existing under their control. The copy of the Resolution available for download at the website of finmin.nic.in.

Sd/-
(Gurdeep Singh)
Under Secretary to the Govt. of India

Source: BPMS

Maternity Benefit -:26 weeks full paid absence from work – to take care for her child

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Maternity Benefit -:26 weeks full paid absence from work – to take care for her child

“The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child.”
Amendments to the Maternity Benefit Act, 1961
Press Information Bureau 
Government of India
Cabinet
10-August-2016 20:08 IST
Amendments to the Maternity Benefit Act, 1961

The Union Cabinet, chaired by the Prime Minister Shri Narendra Modi, has given its ex-post facto approval for amendments to the Maternity Benefit Act, 1961 by introducing the Maternity Benefit (Amendment) Bill, 2016 in Parliament.

The maternity benefit Act 1961 protects the employment of women during the time of her maternity and entitles her of a ‘maternity benefit’ – i.e. full paid absence from work – to take care for her child. The act is applicable to all establishments employing 10 or more persons. The amendments will help 1.8 million (approx.) women workforce in organised sector.

The amendments to Maternity Benefit Act, 1961 are as follows:

• Increase Maternity Benefit from 12 weeks to 26 weeks for two surviving children and 12 weeks for more than two childern.

• 12 weeks Maternity Benefit to a ‘Commissioning mother’ and ‘Adopting mother’.

• Facilitate’Work from home’.  Mandatory provision of Creche in respect of establishment having 50 or more employees.

Justification:

• Maternal care to the Child during early childhood – crucial for growth and development of the child.

• The 44th, 45th and 46th Indian Labour Conference recommended enhancement of Maternity Benefits to 24 weeks.

• Ministry of Women & Child Development proposed to enhance Maternity Benefit to 8 months.

• In Tripartite consultations, all stake holders, in general supported the amendment proposal.

Seventh Central Pay Commission’s recommendations - revision of pay scales- amendment of Service Rules/Recruitment Rules

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Seventh Central Pay Commissions recommendations – revision of pay scales- amendment of Service Rules/Recruitment Rules.

No.AB.14017/13/2016-Estt.(RR)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training
New Delhi
Dated: 9th August, 2016

OFFICE MEMORANDUM

Subject:- Seventh Central Pay Commission’s recommendations — revision of pay scales- amendment of Service Rules/Recruitment Rules

The recommendations of 7th CPC have been considered by the Government and the CCS (Revised Pay) Rules 2016 have been issued by Department of Expenditure vide Notification dated 25th July, 2016. Consequently, in place of the Pay Band and Grade Pay, the revised pay structure comprising the “LEVEL in the PAY MATRIX has come into effect. In the light of this, it has now been decided that the existing Service Rules/Recruitment Rules shall be amended by the Ministries/Departments by substituting the existing Pay Band and Grade Pay by the new pay structure i.e. “LEVEL in the PAY MATRIX” straightaway without making a reference to the Department of Personnel and Training (DOP&T)/Union Public Service Commission (UPSC). The heading of column No.4 of the Schedule in RRs may be modified to “LEVEL in the PAY MATRIX”. Similarly, in column 11 of Recruitment Rules, for promotion the corresponding “Pay Band and Grade Pay” needs to be replaced with corresponding “LEVEL in the PAY MATRIX”. In cases where deputation is also one of the methods of recruitment, the field of selection for deputation which includes various grades should also reflect the corresponding “LEVEL in the PAY MATRIX”.

2. The above amendments may be carried out by 30th September, 2016.

sd/-
(G. Jayanthi)

Authority: www.persmin.gov.in


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