UGC PAY REVISION

UGC Pay Hike New Fitment Table
The Ministry of HRD has finally come up with the release of Official Fitment table for pay of teachers and equivalent cadres in Universities and colleges and also for the post of Registrars/Deputy Registrars.The fitment table was a long standing demand for the fixation of pay and allowances for the existing incumbents , who were in position as on 01.01.2006 in various categories of posts.
View the Fitment Table.

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HOLIDAYS IN 2010-DOPT ORDER

Holidays To Be Observed During The Year 2010
F.No.12/ 5/2009-JCA-2
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi
Dated the 9th June, 2009
Holidays to be observed in Central Government Offices during the
year 2010.
It has been decided that the holidays as specified in the Annexure -I to this O.M. will be observed in all the Administrative Offices of the Central Government located at Delhi/New Delhi during the year 2010. In addition, each employee will also be allowed to avail himself/herself of any two holidays to be chosen by him/her out of the list of Restricted Holidays in Annexure - II.
2. Central Government Administrative Offices located outside Delhi / New
Delhi shall observe the following holidays compulsorily in addition to three
holidays as per para 3.1 below:
1. REPUBLIC DAY
2. INDEPENDENCE DAY
3. MAHATMA GANDHI'S BIRTHDAY
4. BUDHA PURNIMA
5. CHRISTMAS DAY
6. DUSSEHRA (VIJAY DASHMI)
7. DIWALI (DEEPAVALI)
8. GOOD FRIDAY
9. GURU NANAK'S BIRTHDAY
10. IDU'L FITR
11. IDU'L ZUHA
12. MAHAVIR JAYANTI
13. MUHARRAM
14. PROPHET MOHAMMAD'S BIRTHDAY (ID-E-MILAD)
3.1. In addition to the above 14 Compulsory holidays mentioned in para 2, three holidays shall be decided from the list indicated below by the Central Government Employees Welfare Coordination Committee in the State Capitals, if necessary, in consultation with Coordination Committees at other places in the State. The final list applicable uniformly to all Central Government offices within the concernedState shall be notified after seeking prior approval of this Ministry and no change can be carried out thereafter. It is also clarified that no change is permissible inregard to festivals and dates as indicated.
1. AN ADDITIONAL DAY FOR DUSSEHRA
2. HOLI
3. JANAMASHTAMI (VAISHNAVI)
4. RAM NAVAMI
5. MAHA SHIVRATRI
6. GANESH CHATURTHI / VINAYAK CHATURTHI
7. MAKAR SANKARANTli
8. RATH YATRA
9. ONAM
10. PONGAL
11. SRI PANCHAMI / BASANTA PANCHAMI
12. VISHU/ VAISAKHI / VAISAKHADI / BHAG BIHU / MASHADI UGADI/
CHAITRA SAKLADI / CHETI CHAND / GUDI PADA 1ST NAVRATRA /
NAURAJ
3.2 No substitute holiday should be allowed if any of the festival holidays
initially declared subsequently happens to fall on a weekly off or any other nonworking day or in the event of more than one festivals falling on the same day.
4. The list of Restricted Holidays appended to this O.M. is meant for Central
Government Offices located in Delhi / New Delhi. The Coordination Committees at the State Capitals may draw up separate list of Restricted Holidays keeping in view the occasions of local importance but the 9 occasions left over, after choosing the 3 variable holidays in para 3.1 above, are to be included in the list of restricted holidays.
5.1 For offices in Delhi / New Delhi, any change in the date of holidays in
respect of Idu'l Fitr, Idu1 Zuha, Muharram and Id-e-Milad, if necessary, depending upon sighting of the Moon, would be declared by the Ministry of Personnel, Public Grievances and Pensions after ascertaining the position from the Govt. of NCT of Delhi.
5.2 For offices outside Delhi / New Delhi, the Central Government Employees Welfare Coordination Committees at the State Capitals are authorised to change the date of holiday, if necessary, based on the decision of the concerned State Governments / Union Territories, in respect of Idu1 Fitr, Idu1 Zuha, Muharram and Id-e-Milad.
5.3 It may happen that the change of date of the above occasions has to be
declared at a very short notice. In such a situation, announcement could be made through T.V. / A.I.R. / Newspapers and the Heads of Department / Offices of the Central Government may take action according to such an announcement without waiting for a formal order, about the change of date.
6. During 2010, Diwali (Deepavali) falls on Friday, November 5, 2010 (Kartika'14). In certain States, the practice is to celebrate the occasion a day in advance, i.e., on "Narakachaturdasi Day". In view of this, there is no objection if holiday on account of Deepavali is observed on "Naraka Chaturdasi Day (in place of Deepavali Day) for the Central Government Offices in a State if in that State that day alone is declared as a compulsory holiday for Diwali for the offices of the State Government. However, in the year 2010, Diwali (Deepavali) and Narak Chaturdasi Day, both are falling on the same day i.e. November 5,2010.
7. Central Government Organisations which include industrial, commercial
and trading establishments would observe upto 16 holidays in a year including three national holidays viz. Republic Day, Independence Day and Mahatma Gandhi's birthday, as compulsory holidays. The remaining holidays / occasions may be determined by such establishments / organisations themselves for the year 2010, subject to para 3.2 above.
8. Union Territory Administrations shall decide the list of holidays in terms ofMinistry of Home Affairs letter No.14046/27 /83- GP-I dated 15.2.1984 by which they would observe a total of 16 holidays including the three National Holidays Viz. Republic Day, Independence Day & Mahatma Gandhi's birthday.
9. In respect of Indian Missions abroad, the number of holidays may be
notified in accordance with the instructions contained in this Department's O.M.No.12/5/2002-JCA dated 17th December, 2002. In other words, they will have the option to select 11(Eleven) holidays of their own only after including in the list, three National Holidays and Milad-Un-Nabi or Id-E-Milad, Mahavir Jayanti, Idu'l Fitr, Dussehra (Vijaya Dashami), Guru Nanak's Birthday, Christmas Day included in the list of compulsory holidays and falling on days of weekly off.
10. In respect of Banks, the holidays are restricted to 15 days in a year in terms of the instructions issued by the Department of Economic Affairs (Banking devision).
DINESH KAPILA
DEPUTY SECRETARY

To see the full details : http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/12_5_2009-JCA-2.pdf

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ENCASHMENT OF EARNED LEAVE ALONG WITH LTC

Encashment Of Earned Leave along With LTC Maximum 1o days at a time.
No. 14028/4/2009-Estt. (L)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel & Training

New Delhi, the 3rd June,2009.
Subject:-Encashment of earned leave alongwith Leave Travel Concession while in service.

The undersigned is directed to refer to Rule 38-Aof CCS(leave) Rules, 1972 regarding encashment of earned leave alongwith LTC while in service which says that Government servants are permitted to encash earned leave upto 10 days at the time of availing Leave Travel
Concession subject to the condition that earned leave of at least an equivalent duration is also availed of by the Government servant simultaneously. This Department has been receiving a number of references from various Ministries/Departments to waive this condition
citing practical problems faced by them as the facility of LTC is also admissible while availing Casual Leave.
2. The matter has been examined in this Department in consultation with the Ministry of Finance and it has now been decided to permit Government servants encashment of earned leave upto 10. days at the time of availing LTC without any linkage to the number of
days and the nature of leave availed while proceeding on LTC.
3. These orders shall take effect from the date of issue.
4. Formal amendment to the provisions of CCS(Leave) Rules, 1972 are being issued separately.
SIMMI R.NAKRA
DIRECTOR

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BRING BACK STANDARD DEDUCTION

ICAI's Suggestion for bringing Back The Standard Deduction
The Institute of Charted Accountants of India has suggested bring back standard deduction in the regular budget which if accepted will be cheered by millions of salaried employees
"Standard deduction should be restored," the Institute of Chartered Accountants of India (ICAI) said in its pre-Budget memorandum to the government. If the suggestion goes well with the government, it could result in restoration of standard deduction of some amount in the taxable income of salaried employees and could lessen the tax burden on them.
"This is a form of relief measure we are suggesting for salaried class. If there are some expenses which are allowable in case of other head, then why not salary?"ICAI President Uttam Prakash Aggarwal said.
Standard deduction was given to employees to compensate for the expenses incurred by them like conveyance for earning their salaries.
Taking into account the recommendations of the Kelkar Committee on Direct taxes, the then Finance Minister P Chidambaram had announced abolition of standard deduction in the Budget 2005-06. It was abolished with effect from April 1, 2006. Standard deduction of 40 per cent of employee's salary or Rs 30,000, whichever was less, was allowed for employees whose salary was not more than Rs 5 lakh. Besides, for employees with salary of more than Rs 5 lakh, a deduction of Rs 20,000 was allowed.
Meanwhile, among other suggestions for direct taxes, ICAI has suggested that corporates' agricultural activities should be brought into the tax net. With the expansion of the agri-business, many corporates are undertaking composite activities in agriculture, the institute said. "It is suggested that agricultural activities carried on by corporates may be brought into the scope of the tax net," ICAI said.

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DEPUTATION ALLOWANCE REVISED

Deputation Allowance Revised For Personal Staff of Ministers.
No. 2/23/2008-Estt. (Pay II)
Government of India
Ministry of Personnel, Public Grievances & Pensions
Department of Personnel & Training

SUbject: Revision of the rates of Deputation (Duty) Allowance/pay fixation on appointment on the personal Staff of Ministers - regarding.

Consequent upon the implementation of the recommendations of the sixth Central Pay Commission, the President is pleased to decide that in supersession of all earlier orders on the sUbject, the pay of employees who are appointed on the personal staff of Ministers will be regulated in the following manner: -
I. OFFICERS OF CENTRAL GOVERNMENT/AUTONOMOUS BODIES APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
(i) When officers of the Central Government/Autonomous Bodies holding posts at
lower levels or those who are not cleared for appointments at levels at which the postin the Personal Staff of Minister exists are appointed to higher posts, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance at the rate of 15% of the basic pay subject to a maximum of Rs. 4000 per month.
(ii) As regards officers who go on deputation to equivalent and/or analogous posts on the Personal Staff of the Ministers, in addition to their basic pay, they may be allowed Deputation (Duty) Allowance in accordance with this Department's O.M. No. 2/22 (B)/2008-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth Central Pay Commission".
(iii) In the case of officers of All-India Services and Organized Group 'A' Services who are appointed on the Personal Staff of Ministers under the Central Staffing Scheme, they may be allowed Central Secretariat (Deputation on Tenure) Allowance in accordance with this Department's O.M. No. 2/22(A)/2008-Estt. (Pay II) dated 3rd September, 2008 on the SUbject of revision of the rates of Central Secretariat (Deputation on Tenure) Allowance and Special Pay applicable etc. in the case of organized Group 'A' officers; and as per the provisions of relevant Pay Rules in the case of All-India Services officers.
II. OFFICERS FROM THE STATE GOVERNMENT/PUBLIC SECTOR
UNDERTAKINGS APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from State Governments/Public Sector Undertakings, their
terms of appointment may be governed by the orders contained in this Department's O.M. No. 2/29/91 - Estt. (Pay II) dated 5th January 1994. The rate of Deputation (Duty) Allowance payable in their case will be in accordance with this Department's O.M. No. 2/22(B)/200-Estt. (Pay-II) dated 3rd September 2008 on the subject of "Grant of Deputation (Duty) Allowance - Recommendations of the Sixth pay Commission".
III. OFFICERS FROM PRIVATE SECTOR APPOINTED ON THE PERSONAL STAFF OF MINISTERS:
In the case of officers from Private Sector appointed on the Personal Staff of the
Minister, they may be granted the grade pay corresponding to the post in which they are appointed and their pay in the pay band may normally be fixed at the entry level pay prescribed for their grade pay vide Section II, Part A of First Schedule to the CSS (RP) Rules, 2008. However, where it is proposed to fix their pay by granting advance increment(s), the approval of this Department will have to be obtained.
2. Basic pay in the revised pay structure means the pay drawn in the
prescribed pay band plus the applicable grade pay but does not include any other typeof pay like special pay, etc.
3.These orders shall come into effect w.e.f .1.9.2008
4. Insofar as persons serving in the Indian Audit & Account Department are
concerned, these orders issue after consultation with the Comptroller & Auditor
General of India.
(Rita Mathur)
Director

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AUTHORIZATION FOR ATTACHMENT OF PROPERTY

Attachment of Property Procured by means of the Sheduled Offence
No.219112/2009-AVD-II
Government of India
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
New Delhi dated the 13th May, 2009.
OFFICE MEMORANDUM
Subject: - Authorization of the Central Government to file an application u/s 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence.
The undersigned is directed to say that for attachment and forfeittrre of illegally acquired property of public servants, the CBI/Prosecution Agency is presently invoking the provisions of the Criminal Law (Amendment) Ordinance, 1944 (Ordinance No. 38 of 1944) .
2. It has been observed that although,"Central Government' has not been defined in the said Ordinance, the Central Bureau of Investigation (CBI) has been requesting the Department of Personnel & Training seeking authorization of the Central Government to file an application u/s 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence, in the cases investigated by the CBI. It has now
been decided to issue these instructions to clarify and settle the definition of Central Government for the purpose of the Prevention of Corruption Act, 1988 and Criminal Law (Amendment) Ordinance,1944.
3. Under Section 5(6) of the Prevention of Corruption Act, 1988, a Special Judge while trying an offence punishable under this Act, shall exercise all the powers and functions exercisable by a District Judge under the Criminal Law (Amendment) Ordinance, .1944 (Ordinance 38
of 1944). As per Section 19 of the P.C. Act, 1988 previous sanction is necessary -
(1) No court shall take cognizance of an offence punishable under section 7, 10, 11, 13 and 15 alleged to have been committed by a public servant, except with the previous sanction,-
(a) in the case of a person who is employed in connection with the affairs of the Union and is not removable from his office save by or with the sanction of the Central Government, of that Government;
(b) in the case of a person who is employed in connection with the affairs of a State and is not removable from his office save by or with the sanction of the State Government, of that Government;
(c) in the case of any other person, of the authority competent to remove him from his office.
(2) Where for any reason whatsoever any doubt arises as to whether the previous sanction as required under sub-section (1) should be given by the Central Government or the State Government or any other authority, such sanction shall be given by that Government or authority which would have been competent to remove the public servant from his office at the time when the offence was alleged to have been committed.
4. Under Section 3 of the Criminal Law (Amendment) Ordinance, 1944, if the State Government or the Central Government, as the case may be, has reason to believe that any person has committed (whether after commencement of this ordinance or not) any scheduled offence,
the State Govei~iment-or the Centrul Government, as the case may be, may whether or not any court has taken cognizance of the offence, authorize for making of an application to the District Judge within the local limits of whpse jurisdiction the said person ordinarily resides or
carries on business, for the attachment under this ordinance of the money or other property which the State Government or the Central Govermnent believes the said person to have procured by means, of the offence, or if such money or property cannot for any reason, be
attached or other property of the said person of value as nearly as may be equivalent to that of the aforesaid money or other property.
5. The matter has been considered in consultation with the Ministry of Law and Justice, as to which MinistrylDepartment/ Authority may be considered the "Central Government'; for the purpose of Section 3 of Criminal Law (Amendment) Ordinance, 1944. In the light of the said
provisions of the PC Act, 1988, admittedly the sanction for prosecution in respect of a public servant under PC Act has to be given by such Government or authority which would be competent to remove the public servant from his office. Since the properties referred to in
Section 3 would have a correlation with the offence committed under the PC Act, the obvious conclusion would be that the authorization u/s 3 of the Criminal Law (Amendment) Ordinance,
1944 (Ordinance No. 38 of 1944) would also have to be given by such authority who would be competent to accord sanction u/s 19 of PC Act, in a given case.
6. In accordance with. the above, it has been decided that henceforth, all references seeking authorization of Central Government to file an application uls 3 of the Criminal Law (Amendment) Ordinance, 1944 for attachment of the money or property procured by means of the scheduled offence by the person, who is employed in connection with the affairs of the Union and is not removable from hisoffice save by or with the sanction of the Central Government, shall be addressed to the competent authority who accorded sanction of prosecution under section 19(1) of the PC Act, 1988.
(Manisha Saxena)
Deputy Secretary to the Govt. of India
Tele:23094319

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MODIFIED ASSURED CAREER PROGRESSION SCHEME-MACPS

SOME IMPORTANT ILLUSTRATION OF MACPS

· The MACPS envisages merely placement in the immediate next higher grade pay in the hierarchy of the recommended revised pay bands and grade pay as given in Section 1 , Part-A of the first schedule of the CCS (Revised Pay) Rules, 2008. Thus, the grade pay at the time of financial upgradation under the MACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. ln such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/organisation will be given only at the time of regular promotion.

· The financial upgradation s under the MACPS would be admissible up-to the highest grade pay of Rs. 12000/ in the PB-4.

· Benefit of pay fixation available at the time of regular promotion shall also be allowed at the time of financial upgradation under the Scheme. Therefore, the pay shall be raised by 3% of the total pay in the pay band and the grade pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if it is in the same grade pay as granted under MACPS. However, at the time of actual promotion if it happens to be in a post carrying higher grade pay than what is available under MACPS, no pay fixation would be available and only difference of grade pay would be made available. To illustrate, in case a Government Servant joins as a direct recruit in the grade pay of Rs. 1900 in PB-l and he gets no promotion till completion of 10 years of service, he will be granted financial upgradation under MACPS in the next higher grade pay of Rs. 2000 and his pay will be fixed by granting him one increment plus the difference of grade pay (i.e. Rs. 100). After availing financial upgradation under MACPS, if the Government servant gets his regular promotion in the hierarchy of his cadre, which is to the grade of Rs. 2400, on regular promotion, he will only be granted the difference of grade pay between Rs. 2000 and Rs. 2400. No additional increment win be granted at this stage.

· The pre-revised hierarchy (in ascending order) in a particular organization was as under: -Rs.5000-8000,Rs5500-9000&,Rs6500-10500
a) A Government servant who was recruited in the hierarchy in the pre-revised pay scale Rs. 5000-8000 and who did not get a promotion even after 25 years of service prior to 1.1.2006,in his case as on 1.1.2006he would have got two financial upgradations under ACP to the next grades in the hierarchy of his organization, i,e., to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500.
b) Another Government servant recruited in the same hierarchy in the pre-revised scale of Rs. 5000-8000 has also completed about 25 years of service, but he got two promotions to the next higher grades of Rs. 5500-9000 & Rs. 6500-10500 during this period.

ln the case of both (a) and (b) above, the promotions/financial upgradations granted under ACP to the pre-revised scales of Rs. 5500-9000 and Rs. 6500-10500 prior to 1.1.2006will be ignored on account of merger of the pre-revised scales of Rs. 5000-8000, Rs. 5500-9000 and Rs. 6500-10500 recommended by the Sixth cpc.
As per CCS (RP) Rules, both of them will be granted grade pay of Rs. 4200 in the pay band PB-2. After the implementation of MACPS, two financial upgradations will be granted both in the case of (a) and (b) above to the next higher grade pays of Rs. 4600 and Rs. 4800 in the pay band PB.2

ILLUSTRATION-I

· lf a Government servant (LDC) in PB-l in the Grade Pay of Rs.19oo gets his first regular promotion (UDC) in the PB-l in the Grade Pay of Rs.2400 on completion of 8 years of service and then continues in the same Grade Pay for further 10 years without any promotion then he would be eligible for 2nd nnancial upgradation under the MACPS in the PB-l in the Grade Pay of Rs.2800 after completion of 18 years (8+10 years).
· (ii) ln case he does not get any promotion thereafter, then he would get 3rd financial upgradation in the PB-ll in Grade Pay of Rs.4200 on completion of further 10 years of service i.e. after 28 years (8+10+10).
· However, if he gets 2nd promotion after 5 years of further service in thepay PB-ll in the Grade Pay of Rs.4200 (Asstt. Grade/Grade "C") i.e. on completion of 23 years (8+1O+5years) then he would get 3rd financial upgradation after completion of 30 years i.e. 10 years after the 2nd ACP in the PB-ll in the Grade Pay of Rs.4600.
In the above scenario, the pay shall be raised by 3% of the total pay in the
Pay Band and Grade Pay drawn before such upgradation. There shall, however, be no further fixation of pay at the time of regular promotion if
it is in the same Grade Pay or in the higher Grade Pay. Only the
difference of grade pay would be admissible at the time of promotions.

ILLUSTRATION-II

· If a Government servant (LDC) in PB-I in the Grade Pay of Rs.1900 isgranted 1st financial upgradation under the MACPS on completion of 10 years of service in the PB-l in the Grade Pay of Rs.2000 and 5 years later he gets 1st regular promotion (UDC) in PB-I in the Grade Pay of Rs.2400, the 2nd financial upgradation under MACPS (in the next Grade Pay w.r.t. Grade Pay held by Government servant) will be granted on completion of 20 years of service in PB-I in the Grade Pay of Rs.2800. On completion of 30 years of service, he will get 3rd ACP in the Grade Pay of Rs. 4200. However, if two promotions are earned before completion of 20 years, only 3rd financial upgradation would be admissible on completion of 10 years of service in Grade Pay from the date 2nd promotion or at 30th year of service, whichever is earlier.

ILLUSTRATION-III

· If a Government servant has been granted either two regular promotionsor 2nd financial upgradation under the ACP Scheme of August, 1999 after completion of 24 years of regular service then only 3rd financial upgradation would be admissible to him under the MACPS on completion of 30 years of service provided that he has not earned third promotion in the hierarchy
view full details at: http://persmin.gov.in/WriteData/CircularNotification/ScanDocument/35034_3_2008-Estt.(D).pdf

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TAX EXEMPTION LIMIT MAY GO UP

Tax Exemption limit Maybe Raised Upto Rs 2 lakh
The full budget to be presented by the new government in the forthcoming session of Parliament to begin sometime next month may come packed with some concessions for the middle class by way of raising the tax exemption limit to up to Rs 1.75-Rs 2 lakh from the current Rs 1.50 lakh.
The other benefit in the direct tax segments could be withdrawal of the Fringe Benefit Tax. If through, both these measures will result in a tax outgo of around Rs 10,000 crore. Proposals in this regard are under active consideration, indicated a senior official in the finance ministry. Raising of the tax exemption limit along with the withdrawal of FBT will act as another stimulus since the large middle class population will be left with more money in hand, especially at a time when the government is likely to release the remaining 60% salary arrears of the 6th Pay Commission.
The removal of FBT has also been mooted by the commerce ministry. It had also sought continuation of interest rate subsidy while seeking to further raise it from the existing 2% to4%.
Sources in the finance ministry said there is no scope for any further cuts in excise duty, customs or service tax as the indirect tax collections had slipped into negative domain towards the end of the last fiscal. With the widening fiscal gap, it is equally important for the government to keep its revenue stream rejuvenated to fund its developmental and social schemes.
The commerce ministry is firmly backing industry's proposals for extending tax sops to export-oriented units, besides the continuation of interest rate subvention till March 2010. In their proposals to the finance ministry, industry chambers had asked the government to include measures in the budget that would promote investment and create additional demand.
source ;The Economic Times

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