Tuesday 19 March 2013

REVIVAL OF ‘CONTINUOUS EMPANELMENT SCHEME’, FOR PRIVATE HOSPITALS AND DIAGNOSTIC CENTRES UNDER CGHS


No: S.11011/23/2009-CGHS D.II/ Hospital Cell (Part IX) datedthe 14th February 2013
Government of India
Ministry of Health & Family Welfare
Department of Health & Family Welfare
Maulana Azad Road, Nirman Bhawan
New Delhi 110 108.
OFFICE MEMORANDUM
Subject: Revival of ‘Continuous Empanelment Scheme’, for private hospitals and diagnostic centres under CGHS.
1.         With a view to ensuring comprehensive health care to CGHS beneficiaries, CGHS has been, apart from the Government Hospitals, empanelling private hospitals and diagnostic centres by floating tenders periodically. The latest tender process in this context commenced in the second half of 2009. Even the already empanelled hospitals (including dental clinics and eye centres) / diagnostic centres under CGHS were required to submit the bids under this tender process. Through this process, package rates for different treatment procedures and investigations were notified in 2010. As a part of this process, certain hospitals and diagnostic centres which accepted these rates and also signed MOAs with CGHS were notified in CGHS covered cities. Subsequently, with a view to empanel more hospitals and diagnostic centers , continuous empanelment scheme was initiated in December 2010 and was in operation till July 2011 in some cities & till 26th December 2011 in some other cities.
2.         However, it has been noticed that the number of hospitals and diagnostic centres notified as empanelled under CGHS is not adequate to provide a satisfactory level of health care to CGHS beneficiaries in all areas of CGHS covered cities.
3.         Accordingly, it has become necessary to revive ‘Continuous Empanelment Scheme’, to empanel more hospitals and diagnostic centres to take care of existing inadequacy. In this background, it has been decided to invite private hospitals and diagnostic centers to come forward and apply for empanelment under CGHS if, they are willing to accept the rates notified by CGHS in 2010 & as per OM No.Misc.1002/2006/CGHS(R&H)/CGHS (P) dated 6/2/2013 and fulfill the same terms and conditions as notified earlier under ‘Continuous Empanelment Scheme’ except for the following modifications:-
a)         Hospitals / Diagnostic centres shall be empanelled for all facilities in all specialties available in the hospitals including those listed under super specialties. Existing hospitals already on panel of CGHS shall not be allowed to add selective specialties/super specialties and will have to offer all available facilities (Undertaking shall be submitted on Rs.100/- non-Judicial Stamp paper attested by Notary Public by hospitals already on panel of CGHS that such hospital shall abide by the terms and conditions of empanelment for the additional facilities and would provide facilities to CGHS beneficiaries in all available specialties/Super specialties (list all the facilities available ) in addition to the agreement signed earlier by such hospitals). The empanelled hospitals will not be permitted to add new specialties or discontinue some specialties subsequently without the approval of the Government.
b)         Application under Super Specialty category or change of category to Super Specialty from already empanelled and other eligible hospitals will be considered only if all facilities available in the hospital are offered as per applicable CGHS rates..
c)         The scrutiny of the applications and finalization of the lists of eligible hospitals and diagnostic centres of a particular city shall be done by a committee under the chairmanship of AD/JD, CGHS of concerned city with two senior most CMOs of that city as members.
d)         Addl. Director / Joint Director of concerned CGHS city may inform the eligible hospitals / diagnostic centres to submit the letters of acceptance of the terms and conditions of the empanelment process. Ads / JDs shall send the details of eligible hospitals / diagnostic centres to Director, CGHS after signing MOA with eligible hospitals/ diagnostic centres and obtaining Performance Bank Guarantee so that the eligible hospitals /diagnostic centres shall be notified by Ministry of Health & Family Welfare as empanelled hospitals / diagnostic centres under CGHS.
4.         Empanelment shall be for a period of one year from the date of notification or till new empanelment process , whichever is earlier. All the empanelled hospitals / diagnostic centres shall however, have to participate in the new empanelment process, as and when initiated inorder to continue their empanelment under CGHS.
5.         The continuous empanelment scheme would be in force till next empanelment.
6.         Further, the undersigned is directed to refer to the Office Memorandum of even number dated 15.12.2012 and to state that it has been decided to extend the validity of empanelment of presently empanelled hospitals, diagnostic laboratories and imaging Centers on the same terms and conditions under which they were empanelled for one year or till next empanelment, whichever is earlier.
7.         The application form for the continuous empanelment scheme can be downloaded from the website of CGHS, www.mohfw.nic.in\cghsnew\index.asp.
(V. P. Singh]
Deputy Secretary to the Government of India

Thursday 14 March 2013

CCS (JOINING TIME) RULES-1979

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 in relation to persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules, namely:-
1.    Preliminary 
(1)    These rules may be called the Central Civil Services (Joining Time) Rules, 1979.
(2)    They shall come into force on the date of issue of this Notification and shall apply to transfers effected on/or after that date.
(3)    These rules shall apply to all Government servants appointed in Civil Services and posts and under the Central Government including work-charged staff but shall not apply to-
(a)    Railway employees. 
(b)    Armed Forces Personnel and those paid from the Defence Services Estimates.
(c)    Government servants engaged on contract and those who are not in whole-time employment of Government. 
(d)    Government servants, paid out of contingencies.


2.    (1) When a Government servant to whom these rules apply is transferred to the control of another Government or organization, which has made separate rules prescribing amount of joining time, his Joining Time for the journey to join his post under that Government/organization and for the return journey, will be governed by those rules, unless different provisions are expressly made in the terms of deputation/foreign service by mutual agreement between the lending and borrowing authorities.
(2) The Joining Time of railway employees, Armed Forces Personnel and those paid from Defence Services Estimates  and the employees of State Government or any other organization who are appointed to Civil Services and posts under the Central Government on deputation or on foreign service basis, shall, for joining the Civil Services and posts under the Central Government and for the return journeys, be regulated in accordance with these rules, unless different provisions are expressly made in their respective terms, of deputation/foreign service, by mutual agreement between the lending and borrowing authorities.
3.    Definitions 
Unless there is something repugnant in the subject or context, the terms defined in these rules are used in these rules in the sense hereinafter explained-
(a)    “Department of Government of India” means a Ministry or Department of the Central Government as notified from time to time and any other authority which exercises the powers of a Department/Ministry of the Government of India. 
[In respect of the persons serving in the Indian Audit and Accounts Department, the Comptroller and Auditor-General of India shall exercise the same powers as the Ministries/Departments of Government of India, under these rules.]
(b)    “Head of Department” means the authority declared as such under the Delegation of Financial Powers Rules, 1978. In the case of the Indian Audit and Accounts  Department, Head of Department means the authority declared as such by the Comptroller and Auditor-General of India.
(c)    “Joining Time” means time allowed to a Government servant in which to join a new post or to travel to a station to which he is posted.
(d)    “Transfer” means the movement of a Government servant from one post to another either within the same station or to another station to take up duties of a new post or in consequences of change of his headquarters.
4.    Joining Time 
(1)    Joining time shall be granted to a Government servant on transfer in public interest to enable him to join the new post either at the same or a new station. No joining time is admissible in cases of temporary transfer for a period not exceeding 180 days. Only the actual transit time, as admissible in case of journeys on tour, may be allowed.
(2)    The surplus staff transferred from one post to another under the Scheme Regulating Redeployment of Surplus Staff shall be eligible for joining time.
(3)    Government servants who are discharged due to reduction of establishment from one Central Government office and reappointed to another Central Government office shall be entitled to joining time, if the orders of appointment to the new post are received by them while working in the old post. If they are appointed to the new post after being discharged from the old post, the period of break may be converted into joining time without pay by the Head of Department, provided that the break does not exceed 30 days and the Government servant has rendered not less than 3 years continuous service on the date of his discharge.
(4)    For appointment to posts under the Central Government on the results of a competitive examination and/or interview open to Government servants and others, Central Government employees and permanent/provisionally permanent State Government employees will be entitled to joining time under these rules. But temporary employees of the Central Government who have not completed 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay.
(5)    (1) The joining time shall commence from the date of relinquishment of charge of the old post if the charge is made over in the forenoon or the following date if the charge is made over in the afternoon. 
(2) The joining time shall be calculated from old headquarters in all cases including where a Government servant receives his transfer orders or makes over charge of the old post in a place other than his old headquarters, or where the headquarters of a Government servant while on tour is changed to the tour station itself or where his temporary transfer is converted into permanent transfer. 
(3) Not more than one day’s joining time shall be allowed to a Government servant to join a new post within the same station or which does not involve a change of residence from one station to another. For this purpose, the term ‘same station’ will be interpreted to mean the area falling within the jurisdiction of the municipality or corporation including such of suburban municipalities, notified areas or cantonments as are contiguous to the named municipality, etc. 
(4) In cases involving transfer from one station to another and also involving change of residence, the Government servant shall be allowed joining time with reference to the distance between the old headquarters and the new headquarters by direct route and ordinary mode(s) of travel as indicated in the following schedule. When holiday(s) follow(s) joining time, the normal joining time may be deemed to have been extended to cover such holiday(s).
Distance between the old headquarters and the new headquarters
Joining Time admissible
Joining Time admissible where the transfer necessarily involves continuous travel by road for more than 200 kms.
1,000 km or less 10 days 12 days
More than 1,000 km 12 days 15 days
More than 2,000 km 15 days except in cases of travel by air for which the maximum will be 12 days. 15 days
NOTE:- Distance means actual distance and not weighted mileage for which fare is charged by the Railways in certain ghat/hill sections.
(6)    Extension of joining time beyond the limits indicated in Rules 5 (4) can be granted up to the maximum limit of 30 days by the Head of Department and beyond 30 days by the Department of the Government of India, the guiding principle being that the total period of joining time should be approximately equal to 8 days for preparation plus reasonable transit time plus holidays, id any, following the extended joining time. While computing the transit time, allowance could be made for the time unavoidably spent due to disruption of transport  arrangements caused by strike or natural calamities, or the period spent awaiting the departure of the steamer.
6.(1) When a Government servant joins a new post without availing full joining time by reasons that—
(a) he is ordered to join the new post at a new place of posting without availing of full joining time to which he is entitled; or
(b) he proceeds alone to the new place of posting and joins the post without availing full joining time and takes his family later within the permissible period of time for claiming Travelling Allowance for the family;
The number of days of joining time admissible under sub-rule (4) of Rules 5 of the Central Civil Services (Joining Time) Rules, 1979, subject to a maximum of 15 days reduced by the number of days of joining time actually availed of shall be credited to his leave account as earned leave: 
Provided that the earned leave at his credit together with the unavailed  joining time allowed to be so credited shall not exceed 240 days.
(2) Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.
(3) If a Government servant in transit on transfer is directed to proceed to a place different from that indicated in the initial transfer orders, he shall be entitled to joining time already availed of up to the date of receipt of revises orders plus fresh spell of full joining time from the date following the date of receipt of the revised orders. The fresh spell of joining time in such cases shall be calculated from the place, at which he received the revised orders as if he is transferred from that place.
7. Joining Time pay 
A Government servant on joining time shall be regarded as on duty during that period and shall be entitled to be paid joining time pay equal to the pay which was drawn before relinquishment of charge in the old post. He will also be entitled to Dearness Allowance, if any, appropriate to the joining time pay. In addition, he can also draw compensatory allowances like House Rent Allowance as applicable to the old station from which he was transferred. He shall not be allowed Conveyance Allowance or permanent Travelling Allowance.
8. Miscellaneous 
Where any Ministry / Department of Government of India is satisfied that the operation of any of these rules causes undue hardship to any particular case, that Ministry or Department of the Government of India may be order, for reasons to be recorded in writing, dispense with or relax the requirement of that rule to such extent and subject to such exceptions and conditions as it may consider necessary for dealing with the case in a just and equitable manner, provided that no such order shall be made except with the concurrence of the Ministry of Home Affairs. Department of Personnel and Administrative Reforms.
9. If any doubt arises as to the interpretation of these rules, it shall be referred to the Government of India, Ministry of Home Affairs, Department of Personnel and Administrative Reforms.
10. All rules and instructions on the subject of joining time in force immediately before commencement of these rules and applicable to Government servants to whom these rules apply, are hereby repealed.
GOVERNEMENT OF INDIA’S ORDERS
(1)    Transit Time / Joining Time to cover journey from  / to a remote locality while proceeding on/or returning from leave.- With the promulgation of the Central Civil Services (Joining Time) Rules, 1979, certain provisions of FRs and SRs and Government Orders thereunder relating to transit time / joining time admissible to Government servants to cover journeys from/ to a remote locality while proceeding on/or returning from leave or on transfer became inoperative. As regards joining time t remote localities on transfer, no difficulty was anticipated because Heads of Departments could allow joining time under Rule 5 (5) of the  CCS (Joining Time) Rules, 1979. As regards joining time to remote localities during leave, it was proposed to make suitable provisions in the Central Civil Services (Leave) Rules. Pending amendment to the Leave Rules, some administrative instructions were issued vide this Department’s Office Memorandum No. 21011/12/79-Akkiwabcesm dated the 13th October, 1981 (not printed). Since revision of the Leave Rules has not ben finalized, the following administrative instructions are issued in supersession of those Office Memorandums to cover cases of journey to/from remote localities while on leave:-
(i)    A Government servant proceeding on leave from/to a place in the remote locality mentioned in Column 1 of the Annexure to this OM or returning from leave to/from the said place shall be entitled, once in a calendar year, to transit time each way to cover the period spent in journey between the said remote locality and the specified station at the scale prescribed in Column 3 of that Annexure.
(ii)    The concession is also admissible, while on leave, to a Government servant—
(a)    Who is domiciled in any part of India other than the remote locality concerned and has been specifically recruited from outside for service in remote locality, and
(b)    Who, though not specially recruited outside the Union Territory of the Andaman and Nicobar Islands or the Union Territory of the Lakshadweep, as the case may be, for service in the respective Union Territory, is domiciled in any part of India other than the Union Territory concerned.
(iii)    A Government servant domiciled in the Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and proceeding on leave to his home town in another Island of the Union Territory concerned, shall be entitled, once in a calendar year, to transit time to cover the period spent in journey by sea to the island in which his home town is located and vice versa while returning from leave. The transit time thus admissible shall be the actual number of days taken in journey by sea subject to a maximum of seven days for each journey.
(iv)    Where the outward journey falls in one calendar year and the return journey falls in the succeeding calendar year, the concession shall be counted against the calendar year in which the leave commences. In calculating transit time, holidays falling before or at the end of it shall be excluded while those falling during transit time shall be included.
(v)    A Government servant domiciled in the UnionTerritory of Andaman and Nicobar islands or the Union Territory  of Lakshadweep and recruited for service in the respective territory, when posted for service on mainland in public interest shall be entitled to joining time, once a year, while proceeding to and returning from the Union Territories of Andaman & Nicobar Islands and Lakshadweep on leave.
(vi)    A Government servant, domiciled in any part of India other than Union Territory of Andaman and Nicobar Islands or the Union Territory of Lakshadweep and recruited whether within or outside that Union Territory for service there, while proceeding on leave from his post in one island in that Union Territory to his home town on the mainland to join his post in another island in that Union Territory, shall be entitled to joining time on the same scale as provided in Para. 1 (i)above.
2.    When a Central Government servant posted in the remote areas spends his leave outside the Union Territory, the journey time from the place in the remote area to the specified station indicated in the Annexure and vice versa will be treated as free joining time if admissible under this Office Memorandum and in addition, the remaining journey time if any, in excess of 2 days could be allowed as free joining time under the provisions of Finance Ministry, O.M. No. 20014/3/83-E. IV, dated the 14th December, 1983. (See Appendix-9.)
[ G.I., M.H.A., D.P. & A.R., O.M. No. 19011/30/81-Estt. (Allowances), dated the 17th September, 1984.]

Friday 8 March 2013

CENTRAL GOVERNMENT EMPLOYEES RECRUITMENT RULES – F A Qs



1. What are Recruitment Rules?
Ans. Recruitment Rules are rules notified under proviso to Article 309 or any specific statutes for post(s) prescribing inter alia the method of recruitment and eligibility for such recruitment. It contains notification part having substantive rules and schedule part (as per prescribed Annexure-I). Recruitment Rules are subordinate legislation and so, they are statutory in nature.

2. What are Service Rules?
Ans. Service Rules are Recruitment Rules for any of the Organized Central Services covering many aspects including constitution of the Service, seniority, probation and other conditions of service.

3. Whether Recruitment Rules are applicable retrospectively?
Ans. The legal position is that the posts are to be filled up as per the eligibility conditions prescribed in the Recruitment Rules in force at the time of concurrence of vacancies unless the Recruitment Rules are amended retrospectively. The practice has however been to give effect to the Recruitment Rules prospectively.

4. Why are Recruitment Rules framed?
Ans. As soon as decision is taken to create a new post/ service to upgrade any post or re-structure any service, the Recruitment Rules/ Service Rules are framed. Any post is filled up as per the provisions of the Recruitment Rules/ Service Rules.

5. Why are Recruitment Rules amended?
Ans. Revision in the Recruitment Rules is made by way of amendment to incorporate changes due to implementation of Central Pay Commission Report,  modification of orders/ instructions on the subject, creation/ abolition of posts  etc. during the intervening period.

6. How Recruitment Rules are framed/ amended?
Ans. Recruitment Rules for Group ‘A’ & 13′ posts/ service are framed/  amended by the administrative Ministry/Department in consultation with  Department of Personnel & Training, Union Public Service Commission and  Ministry of Law (Legislative Department) and approval of competent authority in the Ministry/ Department to be obtained.

7. Why and how are Recruitment Rules relaxed?
Ans. The power to relax clause in the Recruitment Rules/ Service Rules provides the authority to relax the rules in respect of class or category of person. The administrative Ministry/ Department may resort to relaxation of the rules in consultation with Department of Personnel & Training and Union Public Service Commission.

8. Who is competent authority to frame/amend the Recruitment Rules?
Ans. All Recruitment Rules including their amendments should be approved at the level of Minister-in-charge, unless the Minister has by general or special  order delegated such approval at a lower level(s).

9. Who is competent authority to frame/amend the Recruitment Rules of Group ‘C’ posts?
Ans. Administrative Ministries/ Departments are empowered to frame / amend the Recruitment Rules in respect of Group ‘C’ posts keeping in view the guidelines/ Model Recruitment Rules issued by this Department on various aspects. In case of deviation from existing guidelines/ Model Recruitment Rules, the concurrence of Department of Personnel & Training is to be obtained.

10. Who is competent authority to relax the Recruitment Rules of Group ‘C’ posts?
Ans. The Ministries/ Departments are competent to relax the Recruitment Rules for Group ‘C’ posts. The provisions governing upper age limit or  qualifications for direct recruitment should not however be relaxed without prior concurrence of Department of Personnel & Training.

11. What is the format/ procedure to send the proposal for consultation with Department of Personnel & Training for framing/amendment of Recruitment Rules?
Ans. Proposal for framing/ amendment of Recruitment Rules for Group ‘A’ & Group ‘B’ posts (except Service Rules) is sent to Department of Personnel & Training, first, on-line under Recruitment Rules Framing Amendment and  Monitoring System(RRFAMS) of the on-line services of Department of  Personnel & Training. After approval of on-line Recruitment Rules in  Department of Personnel & Training, the proposal is referred by the Administrative Ministry/ Department in a file with a self-contained note accompanied inter-alia the following: –
(i) Check-list for sending proposal to Department of Personnel & Training.
(ii) Copy of the report of freezed on-line Recruitment Rules.
(iii) Draft Recruitment Rules including notification and Schedule 1 (for posts other than those in the Organized Services) in the proforma in Annexure I.
(iv) Supporting particulars in Annexure II (for framing of Recruitment Rules) Annexure-III (for amendment of Recruitment Rules), as prescribed in Department of Personnel & Training OM No. AB.14017/48/2010-Estt. (RR) dated 31.12.2010.
(v) Recruitment Rules for the feeder posts(s) and the higher post, if any,
(vi) Present sanctioned strength of the post for which rules are being framed/ amended as also of the lower and higher posts.

12. What are model Recruitment Rules?
Ans. Model Recruitment Rules for a number of common categories of posts have been framed in consultation with Union Public Service Commission, wherever required. While framing/ amending Recruitment Rules for such posts, the model rules should be adhered to.

13. What is procedure for consultation with Union Public Service Commission?
Ans. After obtaining the concurrence of the Department of Personnel & Training, the Administrative Ministry / Department should refer the draft Recruitment Rules for posts / services which are within the purview of the Union Public Service Commission in a self-contained letter to the Commission, along with the information in the prescribed proforma (Check list, Annexure II/ Annexure-III etc.). It should be stated in the letter to the Commission whether the clearance of the Department of Personnel & Training (and also the Department of Pension & Pensioners’ Welfare were required) has been obtained in respect of the proposals in question.

14. What is initial constitution clause in Recruitment Rules?
Ans. In cases where a new service is formed and the Recruitment Rules are framed for the first time and that there are officers already holding different categories of posts proposed to be included in the service on a regular / long term basis, a suitable ‘Initial Constitution’ Clause may be inserted in the Notification so as to count the regular service rendered by such officers before the date of notification of the Rules.

15. Whether reservation, relaxation of age limit and other special categories of persons are applicable in Recruitment Rules?
Ans. These concessions in recruitments are made applicable by inserting the following ‘Saving Clause’ in the covering notification of the Recruitment Rules:-
“Nothing in those rules shall affect reservations, relaxation of age-limit and other concessions required to be provided for the Scheduled Castes, the Scheduled Tribes, Ex-servicemen and other special categories of persons, in accordance with the orders issued by the Central Government from time to time in this regard”.

16. What is the schedule in Recruitment Rules?
Ans. The schedule of Recruitment Rules of post(s) is a 13 columns table as per prescribed Annexure-I (vide OM No. AB-14017/48/2010-Estt. (RR) dated 31.12.2010) containing details of the post(s) along with method of recruitment and eligibility criteria. The prescribed schedule is used for post() which are not covered by any organized service.

17. What is notification part of Recruitment Rules?
Ans. Notification of Recruitment Rules contains the substantive rules which  include the provisions related to title, date of commencement, enabling provision for applicability of schedule, disqualification clause, power to relax clause, saving clause and any other rule specific to a post viz. initial constitution clause, liability for all-India Service etc.

18. What are the upper age limits prescribed for Direct Recruitment?
Ans. The upper age limits for different posts depend upon the nature of duties, educational qualifications and experience requirements as prescribed in this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.7.4.1 & 3.7.4.2).

19. What are relaxations available for upper age limit in direct Recruitment Rules?
Ans. A provision is prescribed in the recruitment rules for relaxation of the upper age-limit for departmental candidates up to 40 years for appointment by direct recruitment to Groups C posts and for Government servants up to 5 years for direct recruitment to Groups A and B posts:

20. How to calculate crucial date for age limit?
Ans. In the case of recruitment through the Union Public Service Commission and the Staff Selection Commission, the crucial date for determining the age- limit shall be as advertised by the UPSC / SSC. In the case of other recruitment, the crucial date for determining the age-limit shall be the closing date for receipt of applications from candidates in India (and not the closing date prescribed for those in Assam etc.).

21. How is the educational and other qualification required for direct recruit fixed?
Ans. The minimum educational qualifications and experience required for direct recruitment may be indicated as precisely as possible and if necessary, into two parts, viz., “Essential Qualifications” and “Desirable Qualifications” taking into account the pay band/ grade pay and the nature of duties, and the provisions in  the approved Recruitment Rules for similar higher and lower posts in the same hierarchy.

22. Whether the educational qualifications prescribed for direct recruits are applicable to promotees?
Ans. The educational qualifications are not generally insisted upon in the case of promotion to posts of non-technical nature; but for scientific and technical posts, these should be insisted upon, in the interest of administrative efficiency, at least in the case of senior Group A posts in the Pay Band-3 Grade Pay Rs. 6600 and above. Sometimes the qualifications for junior Group A posts and  Group B posts may not be insisted upon in full but only the basic qualification in the discipline may be insisted upon.

23. Whether any age limit prescribed for promotion?
Ans. Unless there are any specific grounds, the age limit prescribed for direct recruits are not insisted upon in the case of promotees.

24. When probation for appointment to a post/service in Central Government is prescribed? What is the duration of probation?
Ans. The probation is prescribed when there is direct recruitment, promotion from one Group to another e.g. Group B to Group A or officers re-employed before the age of superannuation. There will be no probation for promotion from one grade to another but within the same group of posts e.g. from Group ‘C’ to Group ‘C’ and for appointment on contract basis, tenure basis, re-employment after superannuation and absorption. The period of probation is as prescribed in  this Department OM No. AB-14017/48/2010-Estt (RR) dated 31.12.2010 (Para 3.10.1 & 3.10.2).

25. What are the methods of recruitment?
Ans. The different methods of recruitment are:
(a) Promotion
(b) Direct Recruitment
(c) Deputation
(d) Absorption
(e) Re-employment
(f) Short-term contract

26. How is the method of recruitment or percentage of vacancies to be filled by various methods of recruitment decided?
Ans. The percentage of vacancies to be filled by each method that may be prescribed for a particular post or Service depend on a judicious blending of several considerations, e.g.,
(i) the nature of duties, qualifications and experience required:
(ii) the availability of suitable personnel possessing, the reequisite qualifications and experience within a cadre.
(iii) The need for ensuring that suitable incentives exist for the maintenance of an adequate standard of efficiency in the cadre;
(iv) Consideration of the question whether, having regard to the role to be performed by a specified cadre or Service, it is necessary to provide for direct intake of officers at an appropriate level with a view to injecting fresh knowledge and experience that may not be normally available in a  particular Service or Department etc.
(v) The proper mix of the six methods of recruitment i.e. (a) promotion (b) direct recruitment (c) deputation (d) absorption (e) re-employment (f) short-term contract (mentioned at (a) to (f) above).

27. What is promotion?
Ans. Promotion is method of recruitment from feeder grade post(s) to higher post in the hierarchy as per the provisions of the Recruitment Rules. If promotion is kept as a method of recruitment, it is also necessary to lay down the number of years of qualifying service before the persons in the field become eligible for promotion. Only regular, and not ad hoc, period of service is taken into account for purposes of computing this service.

28. What is Direct Recruitment?
Ans. Direct recruitment is the recruitment which is open to all candidates, eligible as per the provisions regarding age, educational qualification/ experience etc. as prescribed in Recruitment Rules.

29. What is Deputation?
Ans. Deputation is a method of recruitment where officers of Central Government Departments or State/ UT Governments from outside are appointed to post(s) in Central Government for a limited period, by the end of which they will have to return to their parent cadres. In case of isolated post, it is desirable to keep the method of recruitment of deputation/ short term contract as otherwise the incumbents of such posts, if directly recruited, will not have any avenue of  promotion/ career progression.       

30. What is short term contract?
Ans. Short term contract is also a form of deputation where officers from non- Government bodies e.g. universities, research institutions, public sector undertakings for teaching, research, scientific and technical post(s) can some to Central Government posts.

31. Whether absorption and Deputation are synonymous? What is absorption?
Ans. Absorption and deputation are not synonymous. There is a substantial difference between absorption and deputation. Under the provision absorption, the officer, who initially comes on deputation, may be permanently absorbed in  the post/ grade if recruitment rules prescribe for absorption as mode of  recruitment. Such absorption can be effected only in the case of officers who are on deputation from the Central / State Government.

32. What is composite method of recruitment?
Ans. In cases where the field of promotion or feeder grade consists of only one post, the method of recruitment by “deputation (including short-term contract) /  promotion” is prescribed so that the eligible departmental officer is considered  along with outsiders. If the departmental candidate is selected for appointment to the post; it is to be treated as having been filled by promotion; otherwise, the post is to be filled by deputation / short-term contract for the prescribed period of deputation / short-term contract at the end of which the departmental officer will  again be afforded an opportunity to be considered for appointment to the post.

33. How is field of deputation decided?
Ans. The field for “deputation/ short-term contract/ absorption should, as far as possible, consist of officers holding analogous posts on regular basis but may be widened to include officers working in the next lower grade also with the qualifying service on regular basis normally prescribed for promotion.

34. How is the period of qualifying service for promotion decided?
Ans. The qualifying service for promotion from one grade to another is necessary so that there is no premature promotion or undue jump in pay and also  to ensure that the officer has sufficient opportunity to demonstrate his  competence/potential for holding the higher post. The period of qualifying service varies from post to post depending upon the scale of pay and the  experience, required for manning the higher post. Broadly, the following qualifying service to be followed is prescribed in this Department OM No. AB-  14017/48/2010-Estt (RR) dated 31.12.2010 (para 3.12.2).

35. What is the maximum age limit for Deputation?
Ans. The maximum age limit for appointment on deputation including short term contract) or absorption shall be not exceeding 56 years as on the closing date of receipt of applications.

36. What is the crucial date for determination of eligibility of absorption/  deputation?
Ans. The guidelines for crucial date for determination of eligibility for absorption/ deputation are as follows :-
(i) In the case of a vacancy already existing at the time of issue of the communication inviting nominations, the eligibility may be determined with reference to the last date prescribed for receipt of nominations in the Ministry/ Department/ Organization responsible for making appointment to the post i.e. originating Ministry etc.
(ii) In the case where a vacancy is anticipated, the crucial date for determining eligibility should be the date on which the vacancy is expected to arise.

37. How is Departmental Committee formed?
Ans. When promotion is kept as a method of recruitment, the detailed composition of the Departmental Promotion Committee, with minimum 3  officers, may be indicated. In the case of promotion to Group `A’ posts, the  Union Public Service Commission shall also be associated. The total strength of DPC including Chairman need not necessarily be an odd number as the decision is to be taken as a joint one.

38. What are the circumstances in which Union Public Service Commission  is to be consulted for recruitment?
Ans. UPSC is required to consult in case of recruitment to all Central Civil  Services and Central Civil Posts. Exemption from Consultation with Union  Public Service Commission is governed by the Union Public Service Commission (Exemption from Consultation) Regulations, 1958 as amended  from time to time and the Central Civil Services and Civil Posts (Consultation  with Union Public Commission) Rules, 1999 as amended. Some of the circumstances in which the Union Public Service Commission are to be  consulted in making recruitment to the posts are illustrated below:-
(i) Direct Recruitment,
(ii) Re-employment,
(iii) Absorption,
(iv) Composite method of recruitment ( i.e. where the departmental candidate is to be considered along with outsiders),
(v) In case of deputation — (a) if the field for consideration includes State Government Officers or Group ‘A’ & ’13′ officers of the Central Government simultaneously and (b) if the field for consideration consists
of not only Central/State Government officers but also officers from non- Government institutions
(vi) Any relaxation or amendment of the provisions of the Recruitment Rules.

39. Whether recruitment to a post can be made in absence of recruitment rules of a post?
Ans. If there are overriding compulsions for filling any Group or Group B post in the absence of Recruitment Rules, then the Ministries/ Department may make reference to Union Public Service Commission for determination of  method of recruitment as a onetime measure for filling up of a post on regular basis.

40. What are the limits for notification of Recruitment Rules?
Ans. The Recruitment Rules or amendment(s) thereto as finally approved by the Union Public Service Commission are required to be notified within a period  of 10 weeks from the da of receipt of their advice letter. This time limit should  be strictly adhered to.

41. What needs to be done in case where posts are transferred to some other Ministries/Departments?
Ans. The Ministry/Departments concerned should mutually agree for transfer of the posts and the same should be concurred by Department of Expenditure. Thereafter, the existing RR needs to be de-notified in consultation of Department  of Personnel & Training, Union Public Service Commission and Ministry of Law. Suitable recruitment rules in the transferred Department may be framed/  amended following due procedure.

Wednesday 6 March 2013

7th Pay Commission News-Not Agreed by the Central Govt

                 In reply to Rajya Sabha Query regarding constitution of 7th pay commission, Minister of State in the Ministry of Finance has replied that Government has not taken any decision on the constitution of 7th pay commission.
               
                Theyalso added that 13th Finance Commission had recommended that structural shocks such as arrears arising out of Pay Commission awards should be avoided by making the pay award commence from the date on which it is accepted.

Friday 1 March 2013

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2013

The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 was passed by the Rajya Sabha on 26th February 2013. Lok Sabha has passed it in September 2012.
Sexual Harassment at workplace is a violation of women’s right to gender equality, life and liberty. It creates an insecure and hostile work environment, which discourages women’s participation in work, thereby adversely affecting their economic empowerment and the goal of inclusive growth. However, there is no domestic law to address this issue except a few provisions of the Indian Penal Code and the Supreme Court Guidelines in the case of Vishaka vs. State of Rajasthan. The increasing work participation rate of women has made it imperative that a comprehensive legislation focusing on prevention of sexual harassment as well as providing a redressal mechanism be enacted.
The salient features of the Act are as follows:
(i)        It defines “sexual harassment at the workplace” in a comprehensive manner, in keeping with the definition laid down in the Vishaka judgment, and broadening it further to cover circumstances of implied or explicit promise or threat to a woman’s employment prospects or creation of hostile work environment or humiliating treatment, which can affect her health or safety.
(ii)       The definition of “aggrieved woman”, who will get protection under the Act is extremely wide to cover all women, irrespective of her age or employment status, whether in the organised or unorganised sectors, public or private and covers clients, customers and domestic workers as well.
(iii) While the “workplace” in the Vishaka guidelines is confined to the traditional office set-up where there is a clear employer-employee relationship, the Act goes much further to include organisations, department, office, branch unit etc in the public and private sector, organized and unorganized, hospitals, nursing homes, educational institutions, sports institutes, stadiums, sports complex and any place visited by the employee during the course of employment including the transportation.
(iv)      Definition of employee covers regular/temporary/ad hoc/daily wage employees, whether for remuneration or not and can also include volunteers. The definition of employer includes the head of the Government department/organisation/institution/office/branch/unit, the person responsible for management/supervisions/control of the workplace, the person discharging contractual obligations with respect to his/her employees and in relation to a domestic worker the person who benefits from that employment.
(v) The redressal mechanism provided in the Act is in the form of Internal Complaints Committee (ICC) and Local Complaints Committee (LCC). All workplaces employing 10 or more than 10 workers are mandated under the Act to constitute an ICC. The ICC will be a 4 member committee under the Chairpersonship of a senior woman employee and will include 2 members from amongst the employees preferably committed to the cause of women or has experience in social work/legal knowledge and includes a third party member (NGO etc) as well.
(vi)  Complaints from workplaces employing less than 10 workers or when the complaint is against the employer will be looked into by the LCC. A  District Officer notified under the Act will constitute the LCC at the district level. LCC will also look into complaints from domestic workers.
(vii) LCC will be a five member committee comprising of a chairperson to be nominated from amongst eminent women in the field of social work or committed to the cause of women, one member from amongst women working in block/taluka/tehsil/manicipality in the district, two members of whom at least one shall be a woman to be nominated from NGOs committed to the cause of women or a person familiar with the issues related to sexual harassment provided that at least one of the nominees should preferably have a background in law or legal knowledge. The concerned officer dealing with the social welfare or women and child development shall be an ex officio member.
(viii)  A complaint of sexual harassment can be filed within a time limit of 3 months. This may be extended to another 3 months if the woman can prove that grave circumstances prevented her from doing the same.
(ix) The Act has a provision for conciliation. The ICC/LCC can take steps to settle the matter between the aggrieved woman and the respondent, however this option will be used only at the request of the woman. The Act also provides that monetary settlement shall not be made a basis of conciliation. Further, if any of the conditions of the settlement is not complied with by the respondent, the complainant can go back to the Committee who will proceed to make an inquiry. 
(x)  The Committee is required to complete the inquiry within a time period of 90 days. On completion of the inquiry, the report will be sent to the employer or the District Officer, as the case may be, they are mandated to take action on the report within 60 days.
(xi) In case the complaint has been found proved, then the Committee can recommend action in accordance with the provision of service rules applicable to the respondent or as per the rules which will be prescribed, where such service rules do not exist. The committee can also recommend deduction of an appropriate sum from the salary of the respondent or ask respondent to pay the sum. In case the respondent fails to pay such sum, district officer may be asked to recover such sum as an arrear of land revenue.
(xii) In case the allegation against the respondent has not been proved then the Committee can write to the employer/district officer that no action needs to be taken in the matter.
(xiii) In case of malicious or false complaint then the Act provides for a penalty according to the Service Rules. However, this clause has a safeguard in the form of an enquiry prior to establishing the malicious intent. Also, mere inability to prove the case will not attract penalty under this provision.
(xiv) The Act has provisions for providing reliefs to theaggrieved woman in the interim period including leave and transfer during the pendency of the inquiry.
(xv) The Act prohibits disclosure of the identity and addresses of the aggrieved woman, respondent and witnesses. However, information regarding the justice secured to any victim of sexual harassment under this Act without disclosing the identity can be disseminated.
(xvi) The Act casts a responsibility on every employer to create an environment which is free from sexual harassment. Employers are required to organize workshops and awareness programmes at regular intervals for sensitizing the employees about the provision of this legislation and display notices regarding the constitution of Internal Committee, penal consequences of sexual harassment etc.
(xvii) An employer will be liable to a fine of Rs 50,000 in case of violation of his duties under the Act and in case of subsequent violations the amount of fine will be double together with penalty in the form of cancelation of his licence, withdrawal or non-withdrawal of the registration required for carrying out his activity.
(xviii) In case of domestic worker the procedure is different considering the nature of employment. A domestic worker can approach the LCC in case of any complaint. If the complainant wishes then conciliation may be carried out. However, in other cases if the complaint is proved prima facie then the LCC can forward the complaint to the police for registering the case and taking appropriate action under the relevant provision of IPC. 
(xix) Regarding monitoring, the Act provides that the State Governments will monitor implementation and maintain data for all State Government establishments as well as private establishments in their territory. For establishments of the Central Government this duty is cast on the Government of India.  All ICCs have to submit Annual reports to the employer who inturn will submit it to the district officer. All LCCs shall submit their annual report to the district officer. The district officers will submit the report annually to the State Governments.
(xx) The Central and State Governments are mandated to develop relevant IEC and training materials and organise awareness programmes to advance the understanding of the public on the provisions of this Bill.
(xxi) The Central Government will provide financial assistance to the States to meet the expenditure of fee and allowances payable to the members of the Local Complaints Committee.