Rule 38 and Rule 49 of the CCS (Pension) Rules, 1972 - Grant of Invalid Pension: Clarification by DoP&PW

Rule 38 and Rule 49 of the CCS (Pension) Rules, 1972 - Grant of Invalid Pension: Clarification by DoP&PW

No. 21/01/2016-P&PW(F)

Government of India

Ministry of Personnel, Public Grievances & Pensions

(Department of Pension & Pensioners’ Welfare)

New Delhi. the 12th February, 2019

OFFICE MEMORANDUM

Sub :- Grant of Invalid Pension under Rule 38 of the Central Civil Services (Pension) Rules, 1972— Clarification regarding

The undersigned is directed to say that Rule 38 and Rule 49 of the Central Civil Services (Pension) Rules, 1972 have been amended vide Notification No. 21/1/2016-P&PW(F) dated 4th January, 2019 (copy enclosed). The proviso to the amended Rule 38 of the CCS(Pension) Rules provides that a Government servant who retires from service on account of any bodily or mental infirmity which permanently incapacitates him for the service before completing qualifying service of ten years, may also be granted invalid pension in accordance with sub-rule (2) of rule 49, subject to the conditions that the Government servant:

(a) was examined by the appropriate medical authority either before his appointment or after his appointment to the service or post and was declared fit by that authority for Government service, and

(b) fulfils all other conditions mentioned in this rule for grant of invalid pension.

2. In this connection, it is clarified that the condition of qualifying service of ten years for grant of pension under Rule 49(2) of the CCS (Pension) Rules, 1972 shall not be applicable in the case of a Government servant retiring on Invalid Pension on account of any bodily or mental infirmity, under Rule-38. Accordingly, Invalid Pension at the rate of 50% of emoluments or average emoluments, whichever is more beneficial, subject to a minimum of nine thousand rupees per mensem and maximum of one lakh twenty five thousand rupees per mensem, shall be payable to a Government servant who retires under Rule 38 of CCS (Pension) Rules, 1972 even before completing a qualifying service of ten years.

3. All Ministries/Departments are requested that the above clarification may be brought to the notice of Fiends of Department, Attached and Subordinate Offices, Controllers of Accounts. Pay & Accounts Offices. etc, under them.

4. Hindi version will follow,

(Harjit Singh)

Director

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FAQ of CGHS

FREQUENTLY ASKED QUESTIONS WITH ANSWERS ABOUT CGHS

(FAQs on CGHS are intended to provide general information and guidance needed for the CGHS beneficiaries to avail CGHS facilities The contents must be read in conjunction with OMs/Office orders as issued from time to time. The contents are not intended to be applicable to specific /exceptional cases and no such claims may be made under it. Whenever any difference in interpretation of meaning and/or content of the facts stated here vis-à-vis the original OM/office order arises, the latter will be treated as final and binding).

1. Who are entitled for CGHS facilities?

1. All Central Govt. employees and their dependant family members residing in CGHS covered areas.

2. Central Govt Pensioners and their eligible family members getting pension from Central Civil Estimates

3. Sitting and Ex-Members of Parliament

4. Ex-Governors & Lieutenant Governors,

5. Freedom Fighters

6. Ex-Vice Presidents

7. Sitting and Ex-Judges of Supreme Court & High Courts

8. Employees and pensioners of certain autonomous organizations in Delhi

9. Journalists (in Delhi) accredited with PIB (for OPD & at RML Hospital)

10. Delhi Police Personnel in Delhi only

11. Railway Board employees

12. Post and Telegraph Depatt. employees

2. What are the facilities available under CGHS

1. OPD Treatment including issue of medicines.

2. Specialist Consultation at Polyclinic/Govt. Hospitals.

3. Indoor Treatment at Government and Empanelled Hospitals.

4. Investigations at Government and Empanelled Diagnostic centers.

5. Cashless facility available for treatment in empanelled hospitals and diagnostic centers for Pensioners and other identified beneficiaries.

6. Reimbursement of expenses for treatment availed in Govt. /Private Hospitals under emergency.

7. Reimbursement of expenses incurred for purchase of hearing aids, artificial limbs, appliances etc. as specified.

8. Family Welfare, Maternity and Child Health Services.

9. Medical consultation and dispensing of medicines in Ayurveda, Homeopathy, Unani and Siddha system of medicines (AYUSH)

3. What the timings of Wellness Centres/Polyclinics

Emergency services are available in following 4 WCs only in Delhi

South Avenue

North Avenue

Zakir Hussain Road

Kingsway Camp Timings of WCs with emergency services are as follows
WC timing 7:30AM to 1:30 PM

Limited Emergency services 1:30PM to 7:30AM

The Wellness Centres remain closed on all Central Govt. holidays. However in case of three consecutive holidays occurring together, Wellness Centres will not be closed for more than 2 consecutive days.

Registration Timings: The registration is stopped 15 minutes before scheduled closing time of dispensary. However, no serious patient is returned back unattended in the dispensary.

There are also 6 First Aid Posts ( FAP) at following locations in Delhi

Nirman Bhawan

Central Secretariat

Vitthal Bhai Patel House

Shastri Bhawan

Narmada House opposite RML Hospital

Supreme Court and

Moti Bagh

The timings of these FAPs is from 9:00 AM to 5 :00 PM 4. In how many cities CGHS is presently operational?

Following Cities have CGHS facilities at present
1. Agartala

2. Ahmedabad

3. Aizwal

4. Allahabad

5. Bengaluru

6. Bhopal

7. Bhubaneshwar

8. Chandigarh

9. Chennai

10. Dehradun ii. Delhi & NCR

12. Gandhinagar

13. Gangtok

14. Goa

15. Guwahati

16. Hyderabad

17. Imphal

18. lndore

19. Jabalpur,

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Pradhan Mantri Shram Yogi Maan-Dhan (Pm-Sym) to be Implemented from February 15

Pradhan Mantri Shram Yogi Maan-Dhan (Pm-Sym) to be Implemented from February 15

Ministry of Labour & Employment
Pradhan Mantri Shram Yogi Maan-Dhan (Pm- Sym) to be Implemented from February 15

14 FEB 2019

Pradhan Mantri Shram Yogi Maan-dhan (PM-SYM) will be rolled out by the Ministry of Labour and Employment tomorrow i.e. 15.02.2019. The scheme announced in the Interim Budget was notified by the Ministry recently. As many as 42 crore workers are estimated to be engaged in the unorganized sector of the country.

The unorganised workers mostly engaged as home based workers, street vendors, mid-day meal workers, head loaders, brick kiln workers, cobblers, rag pickers, domestic workers, washer men, rickshaw pullers, landless labourers, own account workers, agricultural workers, construction workers, beedi workers, handloom workers, leather workers, audio- visual workers and similar other occupations whose monthly income is Rs 15,000/ per month or less and belong to the entry age group of 18-40 years are eligible for the scheme. They should not be covered under New Pension Scheme (NPS), Employees’ State Insurance Corporation (ESIC) scheme or Employees’ Provident Fund Organisation (EPFO). Further, he/she should not be an income tax payer.

Following are the salient Features of PM-SYM:

• Minimum Assured Pension: Each subscriber under the PM-SYM, shall receive minimum assured pension of Rs 3000/- per month after attaining the age of 60 years.
• Family Pension: During the receipt of pension, if the subscriber dies, the spouse of the beneficiary shall be entitled to receive 50% of the pension received by the beneficiary as family pension. Family pension is applicable only to spouse.

(iii) If a beneficiary has given regular contribution and died due to any cause (before age of 60 years), his/her spouse will be entitled to join and continue the scheme subsequently by payment of regular contribution or exit the scheme as per provisions of exit and withdrawal.

Contribution by the Subscriber: The subscriber’s contributions to PM-SYM shall be made through ‘auto-debit’ facility from his/ her savings bank account/ Jan- Dhan account. The subscriber is required to contribute the prescribed contribution amount from the age of joining PM-SYM till the age of 60 years. The chart showing details of entry age specific monthly contribution is as under:

Entry Age	Superannuation Age	Member’s monthly contribution (Rs)	Central Govt’s monthly contribution (Rs)	Total monthly contribution (Rs)
(1)	(2)	(3)	(4)	(5)= (3)+(4)
18	60	55	55	110
19	60	58	58	116
20	60	61	61	122
21	60	64	64	128
22	60	68	68	136
23	60	72	72	144
24	60	76	76	152
25	60	80	80	160
26	60	85	85	170
27	60	90	90	180
28	60	95	95	190
29	60	100	100	200
30	60	105	105	210
31	60	110	110	220
32	60	120	120	240
33	60	130	130	260
34	60	140	140	280
35	60	150	150	300
36	60	160	160	320
37	60	170	170	340
38	60	180	180	360
39	60	190	190	380
40	60	200	200	400

Matching contribution by the Central Government: PM-SYM is a voluntary and contributory pension scheme on a 50:50 basis where prescribed age-specific contribution shall be made by the beneficiary and the matching contribution by the Central Government as per the chart. For example, if a person enters the scheme at an age of 29 years, he is required to contribute Rs 100/ – per month till the age of 60 years. An equal amount of Rs 100/- will be contributed by the Central Government.

Enrolment Process under PM-SYM:

The subscriber will be required to have a mobile phone, savings bank account and Aadhaar number. The eligible subscriber may visit the nearest CSCs and get enrolled for PM-SYM using Aadhaar number and savings bank account/ Jan-Dhan account number on self-certification basis.

Later, facility will be provided where the subscriber can also visit the PM-SYM web portal or can download the mobile app and self-register using Aadhar number/ savings bank account/ Jan-Dhan account number on self-certification basis.

Enrollment agencies: The enrolment will be carried out by all the Community Service Centers (CSCs). The unorganised workers may visit their nearest CSCs along with their Aadhar Card and Savings Bank account passbook/Jandhan account and get registered themselves for the Scheme. Contribution amount for the first month shall be paid in cash for which they will be provided with a receipt.

Facilitation Centres: All the branch offices of LIC, the offices of ESIC/EPFO and all Labour offices of Central and State Governments will facilitate the unorganised workers about the Scheme, its benefits and the procedure to be followed, at their respective centers.

In this respect, the arrangements to be made by all offices of LIC, ESIC, EPFO all Labour offices of Central and State Governments are given below, for ease of reference:

1. All LIC, EPFO/ESIC and all Labour offices of Central and State Governments may set up a “Facilitation Desk” to facilitate the unorganised workers, guide about the features of the Scheme and direct them to nearest CSC.
2. Each desk may consist of at least one staff.
3. They will have backdrop, standi at the main gate and sufficient number of brochures printed in Hindi and regional languages to be provided to the unorganised workers.
4. Unorganised workers will visit these centres with Aadhaar Card, Savings bank account/ Jandhan account and mobile phone.
5. Help desk will have onsite suitable sitting and other necessary facilities for these workers.
6. Any other measures intended to facilitate the unorganised workers about the Scheme, in their respective centers.

Fund Management: PM-SYM will be a Central Sector Scheme administered by the Ministry of Labour and Employment and implemented through Life Insurance Corporation of India and CSCs. LIC will be the Pension Fund Manager and responsible for Pension pay out. The amount collected under PM-SYM pension scheme shall be invested as per the investment pattern specified by Government of India.

Exit and Withdrawal: Considering the hardships and erratic nature of employability of these workers, the exit provisions of scheme have been kept flexible. Exit provisions are as under:

• In case subscriber exits the scheme within a period of less than 10 years, the beneficiary’s share of contribution only will be returned to him with savings bank interest rate.
• If subscriber exits after a period of 10 years or more but before superannuation age i.e. 60 years of age, the beneficiary’s share of contribution along with accumulated interest as actually earned by fund or at the savings bank interest rate whichever is higher.
• If a beneficiary has given regular contributions and died due to any cause, his/ her spouse will be entitled to continue the scheme subsequently by payment of regular contribution or exit by receiving the beneficiary’s contribution along with accumulated interest as actually earned by fund or at the savings bank interest rate whichever is higher.
• If a beneficiary has given regular contributions and become permanently disabled due to any cause before the superannuation age, i.e. 60 years, and unable to continue to contribute under the scheme, his/ her spouse will be entitled to continue the scheme subsequently by payment of regular contribution or exit the scheme by receiving the beneficiary’s contribution with interest as actually earned by fund or at the savings bank interest rate whichever is higher.
• After the death of subscriber as well as his/her spouse, the entire corpus will be credited back to the fund.
• Any other exit provision, as may be decided by the Government on advice of NSSB.

Default of Contributions:

If a subscriber has not paid the contribution continuously he/she will be allowed to regularize his contribution by paying entire outstanding dues, along with penalty charges, if any, decided by the Government.

Pension Pay out:

Once the beneficiary joins the scheme at the entry age of 18-40 years, the beneficiary has to contribute till 60 years of age. On attaining the age of 60 years, the subscriber will get the assured monthly pension of Rs.3000/- with benefit of family pension, as the case may be.

Doubt and Clarification: In case of any doubt on the scheme, clarification provided by the JS& DGLW will be final.

PIB

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Revision of pension w.e.f. 01.01.2006 of Pre-2006 pension who retired from the 5th CPC scale of Rs.6500-10500/-

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How is a child defined for the purpose of grant of Paternity Leave

How is a child defined for the purpose of grant of Paternity Leave

PATERNITY LEAVE FOR CHILD ADOPTION/CHILD ADOPTION LEAVE

How is a child defined for the purpose of grant of Paternity Leave for Child Adoption/Child Adoption Leave

As per notes below rules 43AA and 43B “Child” for the purpose will include a child taken as ward by the Government servant, under the Guardians and Wards Act, 1890 or the personal law applicable to that Government servant, provided such a ward lives with the Government servant and is treated as a member of the family and provided such Government servant has, through a special will, conferred upon that ward the same status as that of a natural born child’.

CHILD CARE LEAVE

1. Whether women employees of Public Sector undertakings/Bodies etc. are entitled to CCL?

Orders issued by DOPT are not automatically applicable to the employees of Central Public Sector Undertakings/ Autonomous Bodies, Banks, etc. It is for the PSUs/ Autonomous Bodies to decide the applicability of the rules/instructions issued for the central Government employees to their employees in consultation with their Administrative Ministries.

2. Whether Govt. servant can be permitted to leave station/go abroad while on CCL?

Child care leave is granted to a woman employee to take care of the needs of the minor children. If the child is studying abroad or the Government servant has to go abroad for taking care of the child she may do so subject to other conditions laid down for this purpose.

3. What is the intention behind the instruction that CCL is to be treated like EL and sanctioned as such?

The intention is that CCL should be availed with prior approval of leave sanctioning authority and that the combination of CCL with other leave, if any, should be as per the restriction on EL.’ The restriction of the limit of 180 days at a stretch as applicable in the case of EL will not apply in case of CCL. The other conditions like CCL may not be granted for less than 15 days or in more than 3 spells etc., will apply. {Rule 43-C)

4. Whether child care leave has been extended to female industrial employees?

Child Care leave has been extended to all civilian female industrial employees covered by the CCS(Leave) Rules, 1972 subject to the conditions provided in rule 43-C of the CCS(Leave) Rules, 1972, as amended from time to time.{OM No.12012/2/2009-Estt.(L) dated 01-08-2012)

Commuted Leave

1. Whether commuted leave is admissible based on medical certificates of Hospitals/Medical Practitioner approved by the employer of the spouse in cases where the concerned employee has been allowed to avail such facilities from the employer of the spouse?

Leave on medical grounds may be allowed on the basis of certificates issued by Hospitals/Medical Practitioners approved by the employer of the spouse in such cases.

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National Policy for Domestic Workers

National Policy for Domestic Workers

Ministry of Labour & Employment

National Policy for Domestic Workers

Posted On: 13 FEB 2019 5:24PM by PIB Delhi

The Central Government has not   enacted any separate law to protect the interest of domestic workers. However, the Ministry of Labour & Employment is considering to formulate a National Policy on Domestic Workers which is in the draft stage.   The salient features of the proposed draft National Policy on Domestic Workers are as under:

(i) Inclusion of Domestic Workers in the existing legislations.

(ii) Domestic workers will have the right to register as unorganized   workers. Such registration

     will facilitate their access to rights & benefits.

(iii) Right to form their own associations/unions

(iv) Right to minimum wages, access to social security

(v) Right to enhance their skills

(vi) Protection of Domestic Workers from abuse and exploitation

(vii) Domestic Workers to have access to courts, tribunals for grievance redressal

(viii) Establishment of a mechanism for regulation of private placement agencies.

(ix)  Establishment of a grievance redressal system for domestic workers.

The Unorganized Workers’ Social Security Act, 2008 has been enacted for providing social security to all unorganized workers including domestic workers. The Act provides formulation of social security schemes viz life and disability cover, health and maternity benefits & old age protection. The State Governments are mandated under the Unorganized Workers’ Social Security Act, 2008 to formulate suitable welfare schemes for the unorganized sector workers including domestic workers relating to provident fund, employment injury benefits housing, education schemes for children, skill up gradation of workers, financial assistance & old age homes.

The State Governments of Andhra Pradesh,  Jharkhand, Karnataka, Kerela, Odisha, Rajasthan, Haryana,  Punjab, Tamilnadu and Tripura have  included domestic workers in the schedule of Minimum Wages Act and the Workers are also entitled to file  case before the concerned authorities in  case of grievance in this   regard. The matter of constitution of State Domestic Workers Board is under the jurisdiction of the State Governments.

This information was given by Shri Santosh Kumar Gangwar, Minister of State (I/C) for Labour and Employment in written reply to a question in Rajya Sabha today.

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Expert Committee Submits its Report on Determining Methodology for Fixing National Minimum Wage

Expert Committee Submits its Report on Determining Methodology for Fixing National Minimum Wage

Ministry of Labour & Employment

Expert Committee Submits its Report on Determining Methodology for Fixing National Minimum Wage

Posted On: 14 FEB 2019 5:24PM by PIB Delhi

The Ministry of Labour and Employment had constituted an expert committee on 17th January 2017, under the Chairmanship Dr. Anoop Satpathy, Fellow, V. V. Giri National Labour Institute (VVGNLI) to review and recommend methodology for fixation of National Minimum Wage (NMW). The Expert Committee has submitted its report on “Determining the Methodology for Fixation of the National Minimum Wage” to the Government of India through the Secretary, Ministry of Labour and Employment on 14-02-2019. The Report has now been placed on the Ministry’s website, www.labour.gov.in  for facilitating the process of consultation and dialogue among social partners and stakeholders and seeking necessary approval of methodology from tripartite bodies.

There have been several developments since the norms for the fixation of the minimum wages were recommended by the 15th ILC in 1957 and subsequently strengthened by the judgement of the Supreme Court in the judgement of Workmen v Reptakos Brett & Co. case in 1992. Central Government constituted an expert committee as per the recommendations of the Central Advisory Board (CAB) on Minimum Wages. Hence, the Expert Committee had the mandate to examine and review the norms and methodology for fixation of national minimum wage; and determine the base level National minimum wage/wages through an evidence-based approach.

The report using scientific approach has updated the methodological framework of fixation of minimum wages based on the overall guidelines of the ILC 1957 and the Supreme Court Judgment of Workmen v Reptakos Brett & Co. in 1992. The report has undertaken a rigorous and meticulous analysis and has generated a large amount of evidence relating to changes in the demographic structure, consumption pattern and nutritional intakes, the composition of food baskets and the relative importance of non-food consumption items to address the realities in the Indian context by using official data made available by the National Sample Survey Office (NSSO).

Using the nutritional requirement norms as recommended by the Indian Council of Medical Research (ICMR) for Indian population, the report has recommended a balanced diet approach which is culturally palatable for fixation of national minimum wage. Accordingly, it has proposed that food items amounting to the level of ± 10 per cent of 2,400 calories, along with proteins ≥ 50 gm and fats ≥ 30 gm per day per person to constitute a national level balanced food basket. Further, this report proposes minimum wage should include reasonable expenditure on ‘essential non-food items’, such as clothing, fuel and light, house rent, education, medical expenses, footwear and transport, which must be equal to the median class and expenditure on any ‘other non-food items’ be equivalent to the sixth fractile (25-30 per cent) of the household expenditure distribution as per the NSSO-CES 2011/12 survey data.

On the basis of the aforesaid approach, the report has recommended to fix the need based national minimum wage for India at INR 375 per day (or INR 9,750 per month) as of July 2018, irrespective of sectors, skills, occupations and rural-urban locations for a family comprising of 3.6 consumption unit. It has also recommended to introduce an additional house rent allowance (city compensatory allowance), averaging up to INR 55 per day i.e., INR 1,430 per month for urban workers over and above the NMW.

Apart from proposing the level of a single national minimum wage at an all-India level, the report has also estimated and recommended different national minimum wages for different geographical regions of the country to suit the local realities and as per socio-economic and labour market contexts. For the purpose of estimating national minimum wages at regional levels it has grouped the states into five regions based on a composite index and have recommended region specific national minimum wages as follows:

National minimum wage regions based on composite index and region specific national minimum wages (in ₹)

Region I	Region II	Region III	Region IV	Region V
Assam, Bihar,    Jharkhand, Madhya  Pradesh, Odisha,  Uttar Pradesh, and   West Bengal	Andhra   Pradesh,   Telangana,  Chhattisgarh,  Rajasthan, Jammu  & Kashmir, and  Uttarakhand	Gujarat,   Karnataka, Kerala,  Maharashtra, and  Tamil Nadu	Delhi, Goa,     Haryana,     Himachal   Pradesh, and   Punjab	Arunachal Pradesh,  Manipur,  Meghalaya,  Nagaland, Sikkim,  Mizoram and  Tripura
INR 342 per day (INR 8,892 per month)	INR 380 per day (INR 9880 per month)	INR 414 per day (INR 10,764 per month)	INR 447 per day (INR11,622 per month)	INR 386 per day (INR 10, 036 per month)

The committee has also recommended reviewing the consumption basket every five years, subject to the availability of NSSO-CES data, and – within the period of 5 years - revising and updating the basic minimum wage at least in line with the consumer price index (CPI) every six months, to reflect changes in the cost of living. The report will be put before the Central Advisory Board/tripartite bodies for necessary consultations and approval of the methodology.

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Standard Operating procedure for handling Speed Post/ Express Parcel/ Business Parcel in BNPL/BPCs

Standard Operating procedure for handling Speed Post/ Express Parcel/ Business Parcel in BNPL/BPCs

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