Showing posts with label FAQs. Show all posts
Showing posts with label FAQs. Show all posts

Wednesday, April 3, 2013

Definition of Government Servant


Definition of Government Servant

Definition of Government servant and who are included in it..?

Some questions related to the above topic has been raised in the Rajya Sabha by the Hon'ble Member Shrimati Gundu Sudharani on 14th March, 2013. The concerned Minister of State in the Ministry of Personnel, Public Grievances and Pensions and Minister of State in the Prime Minister’s Office Shri V. Narayanasamy has submitted the answer in a written form as follows...

"As per Rule 2(h) of CCS (CCA) Rules ‘Government servant’ means a person who- 

(i) is a member of a Service or holds a civil post under the Union, and includes any such person on foreign service or whose services are temporarily placed at the disposal of a State Government, or a local or other authority; 

(ii) is a member of a Service or holds a civil post under a State Government and whose services are temporarily placed at the disposal of the Central Government; 

(iii) is in the service of a local or other authority and whose services are temporarily placed at the disposal of the Central Government".

The service conditions of the employees of statutory and constitutional bodies are regulated by the statute under which they are created.

As per the “Compendium of Welfare Programmes/Instructions of facilities”, the Central Government Employees and the employee of Delhi Administration, shall qualify for regular membership of Central Government Employees Welfare Association in receipt of the grant-in-aid from the Department of Personnel & Training. The Membership shall not be open to the employees of the private shops/companies, Bank, Autonomous Bodies, Public Sector Undertakings, New Delhi Municipal Committee, Municipal Corporation of Delhi and Bodies created by or under any specific Act of Parliament. 
@This Article is Copyrighted
For latest updates 
Share and Care

Tuesday, April 2, 2013

Dopt Clarification Orders on Joining Time Rules


Dopt Clarification Orders on Joining Time Rules

Dopt Clarification Orders on Joining Time Rules : Dopt has issued some clarifications as in the type of Questions and Answers.

Joining Time Rules 

SI. No. / Frequently asked Questions / Answer 

1. Whether Joining time / Joining Time pay is admissible in case of technical resignation of a Government servant to join another Government organization? 

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. 
A Government servant shall be treated on duty during the period of joining time and shall be entitled to joining time pay equal to the pay and allowances like DA, HRA, CCA, drawn before relinquishment of charge at the old post. But temporary Central Government employees with less than 3 years of regular continuous service, though entitled to joining time would not be entitled to joining time pay. {Rule 4 (4) of CCS(JT) Rules}

2. When can the unutilized joining time be credited as Earned Leave? 
Rule 6 (1) of the CCS (Joining Time) Rules provides that 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, then the number of days of joining time admissible under sub-rule (4) of Rule 5 of the Central Civil Services (JT) 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. 

3. Whether joining time can be combined with leave? 
Rule 6(2) of the CCS (Joining Time) Rules provides that Joining time may be combined with vacation and/or regular leave of any kind or duration except casual leave.

@This Article is Copyrighted
For latest updates 
Share and Care

Dopt clarification orders on Honorarium

Dopt clarification orders on Honorarium...

Honorarium 

Sl. No. / Frequently asked Questions / Answer

I. Upto what amount the Head of Department can grant honorarium? 
The Ministries/Departments can grant honorarium upto Rs.5000/- per annum per employee and the Head of Department can grant honorarium upto Rs.2500/- per annum per employee. O.M. No.1711/9/85-Estt (Allowance) dated 23.12.1985 refers.


2. What are the rates of honorarium for translation work from regional language to English/Hindi and vice versa? 
The rates for translation from regional languages to English/Hindi and vice-versa is Rs.120/- per thousand words of Ordinary Material and Rs.130/- per thousand words of Technical Material (including Codes / Manuals, etc.). This is subject to a maximum of Rs.5000/- per annum in each case, whether recurring or non-recurring. O.M. No.17011/04/2011-Estt.(AL) dated 1.4.2011 refers.


Source : www.persmin.nic.in
[http://ccis.nic.in/WriteReadData/CircularPortal/D2/D02est/Allowance-25032013.pdf]
@This Article is Copyrighted
For latest updates 
Share and Care

Encashment of Earned Leave on joining Central Government from PSUs - Dopt orders


Encashment of Earned Leave on joining Central Government from PSUs - Dopt orders

Encashment of Earned Leave on joining Central Government from PSUs & vice versa

Sl. No. / Frequently asked Questions / Answer 

1. Whether earned leave encashment allowed by the State Governments, PSUs, Autonomous Bodies to Govt. servant prior to his joining the Central Govt. is to be taken into account while calculating ceiling of leave encashment on his superannuation and retirement from Central Govt.? 
Encashment of EL allowed by the State Governments, Public Sector Undertakings/Autonomous Bodies for services rendered therein need not be taken into account for calculating the ceiling of 300 days of Earned leave to be encashed as per CCS (Leave) Rules. 

2. Whether Leave encashment allowed by Govt. under CCS (Leave) Rules, 1972 on absorption in a Central autonomous body/PSU is to be taken into account? 
Encashment of EL allowed by the Govt. under the CCS(Leave) Rules, 1972 for service rendered in the Central Govt. prior to absorption in Central autonomous body shall not be taken into account while calculating the number of days of E.L. encashable in an autonomous body/PSU for the post absorption period. 

3. Whether cash equivalent of leave salary in case of permanent absorption in PSU/Autonomous Body is permissible? 
A Government servant who has been permitted to be absorbed in a Corporation/Company wholly or substantially owned or controlled by Central/State Government shall be suo motu granted cash equivalent of leave salary of earned leave at his credit on the date of absorption subject to a maximum of 300 days (being calculated as per provisions of rule 39) {Rule 39-D) Permanent absorption under the rule shall mean such appointment for which the Government servant applied through proper channel and resigned from Government service for taking up of such appointment — {Note below rule 39-D — Notification No. 13026/3/2011-Estt.(L) dated 28-03-2012} 

@This Article is Copyrighted
For latest updates 
Share and Care

FAQ on General entitlement of leave - Dopt


FAQ on General entitlement of leave - Dopt

No. 21011/08/2013-Estt(AL) 
Government of India/Bharat Sarkar 
Ministry of Personnel, Public Grievances and Pensions 
Department of Personnel & Training 
***** 
Establishment (Leave) Section 

General entitlement of leave 

Sl. No. / Frequently Asked Question / Answer 
1. What is the maximum period of leave of any kind which can be allowed to a Government servant? What is the impact if such limit is exceeded? 
No. Government servant shall be granted leave of any kind for a continuous period of 5 years {Rule 12(1)) 
Normally, absence from duty, with or without leave, for a continuous period exceeding 5 years other than on foreign service, implies that such Government servant has deemed to have resigned from Government service. {Rule 12(2)) 

2. What are the leave entitlements of Govt. servants serving in a vacation Department? 
The rule 28 of the CCS (Leave) Rules, 1972 which came into effect from 1.9.2008 regulates the grant of Earned Leave for persons serving in the Vacation Department. The said rule provides for as follows:- 

(1) (a) A Government servant(other than a military officer) serving in a Vacation Department shall not be entitled to any earned leave in respect of duty performed in any year in which he avails himself of the full vacation. 

(b) In respect of any year in which a Government servant avails himself of a portion of the vacation, he shall be entitled to earned leave in such proportion of 30 days, as the number of days of vacation not taken bears to the full vacation: Provided that no such leave shall be admissible to a Government servant not in permanent employ or quasi-permanent employ in respect of the first year of his service. 

(c) If, in any year, the Government servant does not avail himself of any vacation, earned leave shall be admissible to him in respect of that year under rule 26. 

• For the purpose of this rule, the term `year' shall be construed not as meaning a calendar year in which duty is performed but as meaning twelve months of actual duty in a Vacation Department. 

• A Government servant entitled to vacation shall be considered to have availed himself of a vacation or a portion of a vacation unless he has been required by general or special order of a higher authority to forgo such vacation or portion of a vacation: Provided that if he has been prevented by such order from enjoying more than fifteen days of the vacation, he shall be considered to have availed himself of no portion of the vacation. 

• When a Government servant serving in a Vacation Department proceeds on leave before completing a full year of duty, the earned leave admissible to him shall be calculated not with reference to the vacations which fall during the period of actual duty rendered before proceeding on leave but with reference to the vacation that falls during the year commencing from the date on which he completed the previous year of duty. 

• As per Rule 29(1) the half pay leave account of every Government servant (other than a military officer shall be credited with half pay leave in advance, in two instalments of ten days each on the first day of January and July of every calendar year. This is subject to conditions laid down in OM No. 13013/2/2008-Estt.(L) dated 11-11-2008.

@This Article is Copyrighted
For latest updates 
Share and Care

Dopt has issued orders as FAQ regarding the subject of Study Leave


Dopt has issued orders as FAQ regarding the subject of Study Leave...

Study Leave

SI. No. / Frequently asked Questions / Answer 

1. What is the maximum amount of study leave which can be availed? 
The maximum amount of study leave for other than CHS officers is restricted to twenty four months during the entire service period and ordinarily it can be allowed for upto twelve months at a time. (Rule 51(1)}. For CHS officers the ceiling is for 36 months for acquiring PG qualifications. (Rule 51(2)}. 

2. Whether study leave can be clubbed with other leave? 
Yes. Study leave may be combined with other kinds of leave, but in no case shall be grant of this leave in combination with leave, other than extraordinary leave involve a total absence of more than twenty eight months generally and thirty-six months for the courses leading to PhD. degree from the regular duties of the Government servant. (Rule 54) 

3. What is the validity period of bond to be executed by the Government servant while proceeding on study leave? 
Government servant is required to execute a bond to serve the Government for a period of three years after expiry of study leave. For CHS officers the period is five years. (Rule 55). 

4. Whether a Govt. servant who has been granted study leave may be allowed to resign to take up a post in other Ministries/ Department of the Central Govt. within the bond period? 
As per rule 50(5) (iii), a Govt. servant has to submit a bond to serve the Govt. for a period of 3 years. As the Govt. servant would still be serving Government in a Department other than parent Department, he may be allowed to submit his resignation to take up another post within the Central Govt. if he had applied for the post through proper channel. 

@This Article is Copyrighted
For latest updates 
Share and Care

Dopt Clarification Orders on Children Education Allowance as FAQ


Dopt Clarification Orders on Children Education Allowance as FAQ

Department of Personnel and Training has instructed to competant authorities of all Deaprtments/Ministries of Central Government from time to time regarding in the subject of recruitment, regulation of service conditions, posting/transfers, deputation of personnel as well as other related issues. By this way, an important clarification orders issued by this deparment about the scheme of 'Children Education Allowance and Hostel Subsidy'. This order contents lot of doubts and clarifications which are all questioned by the employees of Central Government in the post. It is provided as FAQ (Frequetnly Asked Questions), they have prepared nearly fifteen important questions and their answers is given in the order. It is defnitley to help to clarify for both Department authorities and employees.

The main issues are being clarified in this order such as, Permissible to third child, Same class twice, Front loading of entire amount, Minimum and Maximum age limit, Definition of Fees, KV School fees and Misplacement of receipts etc… 

No.21011/08/2013-Estt.(AL)
Government of India
Ministry of Personnel, Public Grievances and Pensions
Department of Personnel and Training

Establishment (Allowances) Section

Children Education Allowance Scheme (CEA)

Sl. No.
Frequently asked Question
Answer
1
Whether Reimbursement of Children Education Allowance (CEA)for 3rd child is permissible if CEAhas not been claimed for 1st and or 2nd child? As per OM dated 2.9.2008 CEAis admissible for two school going children does it mean any two school going children?
No. Reimbursement of CEA is not permissible for third child even if reimbursement has not been claimed in respect of first and/or second child. However, as per OM No.12011/03/2008- Estt.(AL) dated 11.11.2008, the Children Education Allowance would be admissible for more than two children where as a result of the second child birth results in birth of twins or multiple children. Further, reimbursement of CEAfor the 3? child is also admissible in case of failure of sterilization operation. Such reimbursement• is admissible only for the first child birth after failure of sterilization operation. This point was further clarified vide O.M. No.12011/16/2009-Allowance) dated 13.11.2009.
2
What types of fee are reimbursable? Whether Annual Charges and Transportation fees are reimbursable? Whether reimbursement towards purchase of school bag, water bottle, uniform, shoes and stationery is admissible?
As per OM No.12011/03/2008-Estt.(AL) dated 2.9.2008, tuition fee, admission fee, laboratory fee, special fee charged for agriculture, electronics, music or any other subject, fee charged for practical work under the programme of work experience, fee paid for the use of any aid or appliances by the child, library fee, games/sports fee and fee for extra-curricular activities are reimbursable subject to the condition that the aforementioned fee are charged by the school directly from the student. No reimbursement is permissible for Annual Charges and Transportation fees. Besides, reimbursement for purchase of one set of text books and notebooks, two sets of uniforms prescribed by the school in which the child is studying, one pair of shoes, in an academic year are reimbursable. Uniform include all items of clothing prescribed for a day, as uniform by the school, irrespective of colours/winter/summer/PT uniforms. Reimbursement of school bags, pens/pencils, water bottle, stationery etc., may not be allowed. O.M. No.12011/08/2010-Estt.(AL) dated 30.12.2010and O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.
3
Whether CEA has been increased by 25% as a result of enhancement ofDearness allowancebeyond 50%?
The Department’s OM No.12011/03/2008-Estt.(AL) dated 2.9.2008 clearly indicates that the limits “would be automatically raised by 25% every time the Dearness Allowance on the revised pay structure goes up by 50%. There is no need for any separate order from this Department to effect enhancement of CEA as a result of increase in DA by 50%. However, O.M. No.12011/01/2011-Estt.(Allowance) dated 4th May, 2011, has been issued to clarify this further.
4
Whether CEA can be claimed for the child for the same class twice?
The reimbursement of CEA is not linked to the performance of the child in his class. Even if a child fails in a particular class, the reimbursement is permissible.However, if the child is admitted in the same class in another school, although the child has passed out of the same class in previous school or in the mid-session, CEA shall not be reimbursable.
5
Whether CEA/Hostel Subsidy is allowed for initial two years of Diploma Courses?
Children Education Allowance/Hostel Subsidy is allowed for the initial two years of a diploma/ certificate course from Polytechnic / lTl / Engineering College, if the child pursues the course after passing 10th standard and the Government servant has not been granted CEA/Hostel Subsidy in respect of the child for studies in ¡n 11th and 12th standards. This is further subject to fulfillment of other conditions laid down in the OM. No.12011/03/2008-Estt.(AL) dated 2.9.2008 and subsequent instructions issued from time to time.
6
What is hostel subsidy?
The term Hostel Subsidy would mean expenses incurred by the Government servant if he/she keeps his/her children in a hostel of a residential school/institution located beyond a distance of 50 kilometers from his/her residence.
7
Whether Hostel subsidy is reimbursable irrespective of transfer liability?
Hostel Subsidy is reimbursable to all Central Government Employees covered by the scheme, for keeping their ward in the Hostel of a residential school away from the station in which the employee is posted or residing irrespective of any transfer liability.
8
Whether Hostel subsidy can be reimbursed if the child is staying in a Hostel which is not part of residential school where he is studying?
No, Hostel subsidy is reimbursable only in case of child studying in a residential school and staying in hostel of the said residential school.
9
What are the components of hostel subsidy?
Hostel subsidy includes fee charged for boarding, lodging in addition to fee as mentioned in para 1(e) of OM No. 12011/03/ 2008-Estt.(AL) dated 2.9.2008.
10
Whether a Government servant is allowed to get 50% of the total amount subject to the overall annual ceiling in the first quarter and the remaining amount in third and/or fourth quarter?
Reimbursement of 50% of the entitled amount for the academic year can be allowed in the first and/or second quarter and the remaining amount can be reimbursed in the third and/or fourth quarter. The entire entitled amount can also be reimbursed in the last quarter. However, frontloading of the entire admissible amount is not permissible. O.M. No.12011/07(i)/2011- Estt.(AL) dated 21.02.2012 refers.
11
Whether any age limit been prescribed reimbursement of CEA respect of children studying nursery classes?
There is no minimum age prescribed for reimbursement of CEA in respect of children admitted in nursery classes. 

 However, with regard to physically challenged children the minimum age of 5 (five) years was prescribed for disabled children undergoing non- formal/vocational education. With effect from 21st February, 2012, the minimum age stipulated as 5 years for disabled children stand removed.

Hence, there is no minimum age of child for whom reimbursement is claimed irrespective of the fact whether the child is disabled or not. The maximum age for normal child is 20 years and for physically challenged children the maximum age is 22 years. O.M. No.12011/07(ii)/2011-Estt.(AL) dated 21.02.2012 refers.
12
Whether the school/institution should be recognized?
The school institution has to be recognized by the Central or State Government or UT administration or by University or a recognized educational authority having jurisdiction over the area where the institution is situated. This also applies in respect of children studying in two classes prior to Class-I. i.e.. nursery /LKG / UKG, etc., OM No.12011/03/2008-Estt.(AL) dated 23.11.2009.
13
Whether CEA is payable for the children of Central Government employees and studying abroad, including children of citizens of Nepal/Bhutan but working in Government of India, and their children are studying in the schools in their native place?
The CEA is payable for the children of all Central Government employees including citizens of Nepal and Bhutan, who are employees of Government of India, and whose children are studying in the native place. However, a certificate may be obtained from the concerned Indian Mission that the school is recognized by the educational authority having jurisdiction over the area where the institution is situated.
14
What constitutes “Fee” as per para 1(e) of the 0.M. dated 2/9/2008 and whether fee paid for extra-curricular activities to some other institute and reimbursement of school bags, pens/pencils, etc., can be allowed? Is there any item- wise ceiling?
“Fee” shall mean fee paid to the school in which the child is studying, directly by the parents/guardian for the items mentioned in para 1(e) of the OM. dated 2/9/2008. Reimbursement of school bags, pens/pencils, etc., may not be allowed. There is no item-wise ceiling. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.
15
Whether reimbursement can be allowed in case the original receipts are misplaced and duplicate receipts are produced by the Government servant? Are the original receipts required to be attested/ countersigned / rubber stamped by the school authorities?
In case of misplacement of receipts given by the school/institution towards charges received from the parents/guardian, reimbursement may be allowed if the Government servant produces a duplicate receipt, duly authenticated by the school authorities. Receipts from private parties, other than the school, if misplaced shall not be entertained, even if a duplicate receipt is produced. Original receipts from school authorities need not be attested/ countersigned/rubber stamped by the school authorities. O.M. No.12011/07(i)/2011-Estt.(AL) dated 21.02.2012 refers.
16
Whether Development Fee / Parents Contribution charged by the school/institution is reimbursable?
Reimbursement of Development Fee/Parents’ Contribution is allowed w.e.f. 2l’ February, 2012, vide O.M. No.1201 L/07(ii)1201 l-Estt.(AL) dated 21.02.2012, on pro-rata basis, subject to the condition that the Government servant will have to certify that the school does not charge tuition fee. However, in respect of children studying in Kendriya Vidyalaya., the Vidyalaya Vikas Nidhi is reimbursable as it forms part of para 1(e) of O.M. No.12011 /3/2008-Estt.(Allowance) dated 2.9.2008. O.M. No.12011/16/2009- Estt(Allowances) dated 13.11.2009 refers.
17
Whether reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008. is permissible?
Reimbursement of fee charged directly by the school for catering to the special needs of the child with disabilities duly certified by the concerned school authorities, in addition to items mentioned in para 1(e) of O.M. dated 2.9.2008, is allowed w.e.f. 211t February, 2012.
@This Article is Copyrighted
For latest updates 
Share and Care