Thursday, May 16, 2019

Gazette Notification – Payment of Bonus(Amendment) Rules, 2019

Gazette Notification – Payment of Bonus(Amendment) Rules, 2019

MINISTRY OF LABOUR AND EMPLOYMENT

NOTIFICATION

New Delhi, the 29th January, 2019

G.S.R. 58(E).-Whereas a draft of certain rules further to amend the Payment of Bonus Rules, 1975, among other rules, were published in the Gazette of India, Extraordinary, Part II, Section 3, sub-section (i) vide notification of the Government of India in the Ministry of Labour and Employment number G.S.R. 413(E), dated the 23rd April, 2018, inviting objections and suggestions from all persons likely to be affected thereby, within a period of three months, from the date on which copies of Official Gazette containing the said notification were made available to the public;

And whereas copies of the said Official Gazette were made available to the general public on the 23rd April, 2018;

And whereas the objections and suggestions received on the said draft rules from the public have been considered by the Central Government;

Now, therefore, in exercise of the powers conferred by section 38 of the Payment of Bonus Act, 1965 (31 of 1965), the Central Government hereby makes the following rules further to amend the Payment of Bonus Rules, 1975, namely:-


1. (1) These rules may be called the Payment of Bonus (Amendment) Rules, 2019.
(2) They shall come into force on the date of their publication in the Official Gazette.

2. In the Payment of Bonus Rules, 1975, for rule 5, the following rule shall be substituted, namely:-

‘5. Annual return.– Every employer shall, on or before the last day of February in each year, upload unified annual return in Form D on the web portal of the Central Government in the Ministry of Labour and Employment giving information as to the particulars specified in respect of the preceding year:

Provided that during inspection, the inspector may require the production of accounts, books, registers and other documents maintained in electronic form or otherwise.

Explanation.- For the purposes of this rule, the expression “electronic form” shall have the same meaning as assigned to it in clause (r) of section 2 of the Information Technology Act, 2000 (21of 2000).’.

[No.Z-20025/24/2018-LRC]
MANISH KUMAR GUPTA, Jt. Secy.

Note: The Payment of Bonus Rules, 1975 was published in the Gazette of India dated the 6th September, 1975 vide notification number G.S.R. 2367, dated the 21st August, 1975 and lastly amended vide notification number G.S.R.1115(E) dated the 6th December, 2016.

Civil Appeal No.3792 of 2019 it is quite clear that insofar as issue of eligibility of promotion is concerned

Civil Appeal No.3792 of 2019 it is quite clear that insofar as issue of eligibility of promotion is concerned, the service rendered in the previous region, prior to transfer on compassionate ground, will be counted towards service for eligibility for consideration of such promotion. That it is a non- transferable job, makes no difference on this aspect as service is rendered in the same cadre.




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Circle Union letter to CHQ on station tenure

ALL INDIA POSTAL EMPLOYEES UNION GROUP ‘ C’,


Tamilnadu Circle, @ Chennai – 600002


M.SELVAKRISHNAN A. VEERAMANI A.KESAVAN
President Circle Secretary Cir.Fin.Secretary 


No. P3/ CHQ /RT Station tenure dt. 14.05.2019


To
Com R.N.Parashar,
General Secretary,
AIPEU Group C,
New Delhi 110008


Dear Comrade,


Sub: Deletion of station tenure condition for Group C officials


It is seen that the Directorate has caused orders recently that the station tenure will not be applicable to the RMS officials; whereas there is no mention about the extension of the same benefits to the Group C officials working in the operative offices. This is causing a concern.


The PMG Western region in Tamilnadu Circle is now causing transfer orders to the officials out of Coimbatore division since they have completed six years in Coimbatore division and in the city. He has construed the entire Coimbatore as one station even though there are many places having the pin code of Coimbatore beginning from 1. This is wrong and the same has been taken up with the Chief PMG Tamilnadu Circle.


There are many problems and dislocations if the station tenure is applied to the officials working in cities and they may have to face the financial loss besides their ward’s education.


It is therefore requested to kindly take up the case with the Directorate and see that the station tenure condition is withdrawn from the rotational transfer.


Immediate action is highly solicited.


With kind regards,


Yours fraternally,


A.Veeramani,
Circle Secretary

CCS(CCA) RULES 1965 - TIPS AND IMPORTANT POINTS

The   concept  of   disciplinary   authority:

As per  the  Interpretation under Rule2(g) of  the   CCS(CCA) RULES 1965, Disciplinary Authority   means the  Authority competent  under  the   CCS(CCA )RULES 1965  to impose on a   Government  servant   any   of  the   penalties specified in  Rule 11.

Any   of   the   penalties        ..under  Rule11    ....There are  10 ten penalties,in all   ....5 five   Minor  penalties+  5 five  Major penalties   (   
GRADED   PENALTIES     from   CENSURE    to   DISMISSAL from service.
.......                          .......            
The authority   who  is empowered   to impose  All the 10  penalties is also   the disciplinary  authority.

That  authority  vested with  the   powers  to  impose  only    5  five   penalties  (Minor Penalties)  is also  defined  as    disciplinary authority.

That authority  competent   to  impose    only  one Penalty     namely   CENSURE   IS  also  
Known as  disciplinary authority.

Therefore   it is   to be   understood that the    authority  empowered   to inflict   only   one  penalty     CENSURE   is   also    called disciplinary authority.


Thus the   meaning  of   "ANY   OF   THE   PENALTIES   "      could  be  understood.


-----------------------------------------------------'---------
All the   Appointing  Authorities  will necessarily be  vested  with   disciplinary powers  normally   to impose  all the penalties 10 penalties    (minor  &major   punishments).....on those   officials  to  whom   ..they   act as Appointing authorities.


----'''----- ------------------------------------------------------

Let us   see the   position   in our   DEPARTMENT  ....DEPARTMENT  OF   POSTS.
   ..................................................................
*   For    all Group  A  cadre  officers     ...The  PRESIDENT   OF  INDIA     is  the  APPOINTING   AUTHORITY   as well as DISCIPLINARY     AUTHORITY   ....empowered  to  impose   ALL  THE   PENALTIES.


*FOR    GROUP   B    SPOs   cadre  officers.....The  SECRETARY//  DIRECTOR  GENERAL   Is  the   Appointing Authority and also  Disciplinary  Authority    competent  to   impose   ALL THE   PENALTIES.
       THERE ARE   other   Disciplinary Authorities   also   to Group  B SPOs cadre officers     .One   such   Authority  is    the   CHIEF   POSTMASTER   GENERAL   ...competent to impose   only   5 five   
.Minor   penalties.

*For   GROUP  B  ASPOs CADRE   OFFICERS  
The   CHIEF POSTMASTER GENERAL   IS the   Appointing   Authority and  also disciplinary authority     .....competent  to impose  ALL THE PENALTIES.

DPS    is also a disciplinary authority   but  he

can impose only 5  five  penalties    ...only Minor penalties...


*FOR     IP   CADRE OFFICERS   the  DPS  
 IS THE APPOINTING   AUTHORITY     AND   also  disciplinary  authority   ....competent  to  impose  ALL THE  PENALTIES.

THE    HEAD OF  THE   DIVISION   IS  also a   disciplinary   authority  ..competent   to impose  only  5  five   penalties    Minor  penalties.

*For  THE  HSG 1/HSG2  POSTMASTERS & LSG   CADRE    THE   APPOINTING AUTHORITY IS  DPS  AND  ALSO   DISCIPLINARY AUTHORITY
COMPETENT   TO   IMPOSE   ALL THE PENALTIES  .

THE  HEAD  OF THE   DIVISION   IS A  DISCIPLINARY authority   competent to   impose  only  MINOR  PENALTIES(5 PENALTIES).


* FOR  all clerical cadre  officials   the Appointing  Authority is The  Head of the  Division   and  also   disciplinary  authority  competent  to impose ALL THE  PENALTIES.
.
  HSG1 & HSG2 POSTMASTERS  are also disciplinary   authorities for  clerical cadre  officials  of their own  office     , but  they   can   impose  only   one    minor   punishment  , that is......CENSURE.

(Note:for  easy  reference   field  formations    ....circle...region   ....division   have been shown).

We can observe   from  the  above  that    ALL THE   ABOVE MENTIONED    APPOINTING  AUTHORITIES HAVE BEEN  VESTED WITH   THE POWERS   TO IMPOSE  ALL THE   PENALTIES.

.................................................................

BUT   IT IS NOT SO  IN SOME  CASES.  LET US   SEE  THAT.


In the  DIVISION   THE  structure  is  as below...
DIVISION  HEAD.SP/SSP----SUB DIVISION  HEAD ASP/IP----HSG1 & HSG2  POSTMASTERS/SPMS    .

SUB DIVISION ASPs&SUB DIVISION IPs  are  the APPOINTING AUTHORITIES  FOR  THE   MTS  CADRE  &POSTMAN CADRE OFFICIALS.THOUGH THEY ARE  APPOINTING 
 
AUTHORITIES  for   MTS&POSTMAN  CADRE   OFFICIALS  THEY CANNOT  IMPOSE   ANY OF THE  MAJOR  PENALTIES..THEY ARE  COMPETENT TO IMPOSE  ONLY  MINOR PENALTIES.


Same is the  position  in   respect of    HSG1  & HSG2 PMs/SPMs. They are the  APPOINTING    AUTHORITIES  FOR   MTS & POSTMAN CADRE  OFFICIALS   OF  THEIR  OWN  OFFICE.
YET   THEY ARE EMPOWERED   to impose only   minor penalties .They cannot impose   any  of the  Major  punishments.

IT IS TO BE  NOTED    that the  DIVISIONAL   HEAD   IS   VESTED  WITH THE POWERS TO  IMPOSE  ALL THE   PENALTIES ON MTS&POSTMAN  CADRE  OFFICIALS  IN THE  DIVISION. THEREFORE MAJOR  PUNISHMENTS WILL BE IMPOSED BY THE DIVISIONAL HEAD.

THE  Above mentioned APPOINTING AUTHORITIES  WERE CALLED AS  SAAs.....SUB APPOINTING   AUTHORITIES   PREVIOUSLY..
.

THE reason  may  be because of the  position that they are not  empowered to impose  major punishments  onMTS&POSTMAN CADRE OFFICIALS   even  though they areAPPOINTING AUTHORITIES    FOR   them
.
The  rationale  behind  this    may be   like this ..
One  MTS/POSTMAN    WORKING In   a  sub division under the  control of   ASP  may come  on transfert to another   subdivision  under the  control of  IP.   LIKEWISE FROM  HSG1 UNIT   TO  HSG2   UNIT AND  SO  ON.   

THERE arises the   question of    comparison  of  the present  disciplinary authority to that  of appointing authoity (  where  major  punishments  are  warranted.   ).   

One  who was appointed  by ASP may come  under the control of  IP(who is   of lower  rank).  ARTE311  OF  OUR   CONSTITUTION  COMES INTO  PICTURE .  

There may arise a peculiar situation   in   divisions      for  Appointment of   ADHOC DISCIPLINARY  AUTHORITIES   in a  spate of  disciplinary  cases  relating to MTS/POSTMAN.
HENCE  CENTRALISED   POWERS FOR  IMPOSING  MAJOR PENALTIES   ON  MTS/POSTMAN..     WITH   DIVISIONAL HEAD    ....naturally  solves this  problem.
.....................................................


Thanks to 
Shri. N.Inbalagan
SSPOs(Retd)
TN Circle