IMPORTANT DOCUMENTS.

Wednesday, 30 November 2016

THE STRIKE BECOMES INEVITABLE - ARTICLE BY COM. K. K. N. KUTTY, NATIONAL PRESIDENT, CONFEDERATION

THE STRIKE BECOMES INEVITABLE
K. K. N. Kutty, National President, Confederation

                It is now more than four months that the Government has held out the assurance to the leaders of NJCA that they would revisit the minimum wage determination and the consequent fitment factor of the 7th CPC.  The understanding reached on 30th June, 2016 was that the Government would set up a high level committee to examine the complaint made by the employees organizations to the effect that the 7th CPC had not adhered to the norms of the Dr. Aykhroyd formula.  The said decision was in the backdrop of the NJCA’s strike notice which was served on 9th June, 2016 and its resolve to go ahead with the said decision to organize the indefinite strike action from 11th July, 2016.  

            The employees had realized that contrary to the impression, the 7th CPC  imparted to the leaders during their interaction with it, its final suggestions were extremely nugatory and were the product  of pressure exerted by the Government on the Commission .at the fag end of its functioning.  They found that the minimum wage determined by the commission was in violation with the agreed principles of wage determination in the case of civil servants, it had recommended the least quantum increase in the wages in comparison with all the earlier Commissions; it had reduced the rates of various allowances without any valid  rhyme or reason; it had abolished certain allowances despite the continuance of the extra functions/circumstances for which those allowances were originally granted; had abolished all interest free advances;  had withdrawn the existing benefits, perks and privileges which had originally granted to a section of the employees and officers taking into account the peculiarities of the assigned jobs to them etc.  Naturally the disappointment that arose from such negative attitude of the Commission paved way for anger and consequent agitation,  creating thus an atmosphere of confrontation.  

            The setting-up of a committee under the Chairmanship of the Cabinet Secretary was, therefore, seen as a step in the right direction.  After about six months deliberations, the Committee seems to have given a report to the Government content of which was not made public.  However, during its inter action with the Staff Side, the Committee had given the impression and indication  that it would make changes to the quantum of minimum wage and fitment factor and the Fixed Medical Allowance of the Pensioners would be suitably amended.  The Committee intimated the staff Side that the Government would set up separate Committees for allowances and advances to effect a relook into the matter in consultation with various nodal departments of the Government of India.  In other words, the Government through the Committee headed by the Cabinet Secretary conveyed that it would create a conducive climate for a fruitful negotiation and settlement.  

            The 29th June proclamation in the form of Notifications was a bolt from the blue .   Was it designed to discredit the NJCA leadership or snub the Committee headed by the Cabinet Secretary or reflection of the arrogance of the party in power was not discernible.  It was in that background the NJCA met on 30th June and decided unanimously to go ahead with the preparation for the indefinite strike action.  Undoubtedly the  Government’s attitude had added fuel to the fire of anger and the leaders especially at the gross root level ,who had hoped that the Government would avert the situation of confrontation welcomed the decision of the NJCA wholeheartedly.

            The late night discussions, the group of Ministers  had with the NJCA leadership on 30th June, 2016  and the offer of a negotiated settlement of the core issues through the setting up of a high level committee was considered a step in the right direction by the NJCA leadership while accepting the offer of talks, though the State level leadership in quite a number of states felt that the Government was indulging in chicanery.  
            
The time frame of six months for the Committee to complete its deliberations and make suggestions to the government on the core issues was over technically on 6th November, 2016 .  The  National Secretariat  of the Confederation met and rightly decided to chalk out a series of programmes of action, the second phase of which would be carried out on 15th June, 2016 in the form of a massive march to the Parliament house. These programmes are to culminate in a strike action.   Isolated action, the Confederation is fully aware is not capable of bringing about compulsion on the Government to revise their decisions promulgated on 29th June, 2016.   Confederation is confident that the Defence and Railway organizations who are the predominant partners in the NJCA  would realize the gravity of the situation  and enliven the NJCA  and spearhead the movement to its logical end.  Isolated ventures will not be avoidable  in certain exigencies, when demarcation in action becomes necessary so as to maintain the character and ideology of the organization and confidence of its members becomes paramount.

DEATH CLAIMS TO BE PROCESSED WITHIN 07 DAYS AND RETIREMENT CLAIMS TO BE SETTLED ON THE DAY OF RETIREMENT (Ministry of Labour & employment 18.11.2016)

PAYMENT OF STATUTORY CONTRIBUTIONS
HENCEFORTH ONLY THROUGH INTERNET BANKING

            The Prime Minister of India during the PRAGATI review meeting held on 26th October desired that claims related to death cases be prioritized and expedited and retirement claims may be settled on the day of retirement. In accordance, the processes have been reviewed and instructions have been issued to field offices to settle death claims within a period of 07 days from the date of receipt of proposal and retirement claims on the day of retirement. The officials in the facilitation centre of field offices have been instructed to scrutinize the claims and guide the claimant regarding submission of required documents in appropriate shape. An official has been posted in the facilitation centers of EPFO this category of claims.

            Employers are now increasingly using internet banking to deposit statutory EPF dues since EPFO made it mandatory to use internet banking as the mode of receipt of EPF dues. 96.03% contributions in October 2016 were received online.

            In an important judgment delivered by the High Court of Madras in the matter of writ petition filed by Builders Association of India, Madurai, the High Court dismissed the petition praying non enforcement of EPF & MP Act, 1952 every employee employed in or in connection with the work or that factory or establishment, other than an excluded employee, who has not become a member already shall also be entitled and required to become a member of the Fund from the date of joining the factory or establishment.

            To expand the reach of convenience offered to EPF members, EPFO has joined the network of Common Services Centers (CSC). A Memorandum of understanding (MoU) has been signed between EPFO and CSC e-Governance Services India Limited (CSC SPV) on 25th October 2016. The MoU is initially for a period of five years. Every year on 14st November, pensioners were required to submit their life certificates. From this year onward, pensioners can submit digital life certificates via Jeevan Pramaan Patra programme through a large number of points of Presence (PoP) of CSC network in addition to those available at EPFO offices. The pensioners living in remote areas can avoid cost and inconvenience of travelling down to the EPF offices or their banks for filing paper based life certificate through this arrangement.

All India Pensioners' Association of CBEC Calls for total Solidarity to 
March to Parliament 
of Confederation of CG Employees!


Confederation of CG Employees and Workers has issued a clarion call to the CG Employees to march in thousands to participate in the Parliament Rally on 15th December, 2016. 

The Rally is to protest the Government's inaction towards very necessary modifications sought by the Staff Side in the recommendations of 7th CPC and earlier referred to High Level Committees by the GOI.

The Government had in fact accepted to refer the issues like the Minimum Wage, Fitment Factor, Pensioners Option Number 1, HRA including all Allowances, FMA, NPS etc to High Level Committees to decide within a period of four months. This solemn assurance held out by the Group of Ministers is becoming an eye wash and appear to be a strategy employed by the Government to just ward off the indefinite strike threat from 11th July, 2016. No issue referred to the High Level Committees is finding any real progress.

The need of the hour to rally all CG Employees once again to the struggle path! The Programme of Confederation is to just take a step in that direction!

All India Pensioners' Association of CBEC Calls upon the entirety of  CBEC Pensioners to rise up to the occasion and extend total solidarity to the programme of CG Employees organised by the Confederation. The All India Pensioners' Association of CBEC, Pensioners in Delhi State and in States nearby Delhi including Haryana, Punjab, Himachal Pradesh, Rajasthan, Uttar Pradesh, Uttarakhand, Madhya Pradesh and Chhattisgarh are called upon to attend the Rally before Parliament on 15.12.2016 in large numbers.

All District and State leaders of the above States are requested to attend with All India Pensioners' Association of CBEC Banners and Flags by mobilising large number of Pensioners to show our total solidarity.



PROMPT HOLDING OF DEPARTMENTAL COUNCIL MEETING – SECRETARY, DOP&T WRITES TO ALL DEPARTMENTAL HEADS.

All affiliated organisations of Confederation are requested to take up the case with their Departmental Heads & ensure holding of Departmental Council immediately.



Tuesday, 22 November 2016

About 80 items are likely to make it to the exemption list under the proposed goods and services tax (GST), including grains, green coconut, poha, unprocessed green tea leaves, and non-mineral water.
Items such as coffee and processed foods like biscuits, rusk, butter and cheese currently exempted from excise duty, may draw GST.
There are currently around 300 items in the exemption list from central excise duty and 90 from the states value added.
A committee of officials headed by Revenue Secretary Hasmukh Adhia is preparing the item-wise list for GST rates.
Hectic lobbying was done for segment-wise GST rates. Sources said the committee of officials received over 16,000 representations.
For instance, sources said, makers of refrigerators in 200 litre category with chlorofluorocarbon (CFC) made a representation to bring this item in the 18% slab as against the 28% slab. The item, they said, was used by common man nowadays.
Officials are also trying to resolve the issue of distributing control over assessees between the Centre and states, after an informal meeting between Union Finance Minister Arun Jaitley and state representatives failed to thrash out the matter politically.
States exempt unprocessed goods and those consumed by the poor such as fruits, vegetables, salt, grain and coarse fabric.
The Centre provides excise exemption to processed food and pharmaceuticals and a concessional rate to fruit-based items.
Common items exempted by the Centre and states include bread, eggs, milk, vegetables, cereals, books and salt. These will continue to be exempted.
 
 
The officials are also looking into draft GST Bills, draft compensation Bill. These issues would be taken up by the GST Council, a body representing the union finance minister, minister of state for finance and state representatives, on Friday.
The Centre and states have already agreed to a four-slab structure for GST rates - 5, 12, 18 and 28 per cent, as well as a cess of 28 per cent on sin and luxury goods such as tobacco, big cars and aerated drinks. The cess is likely to be in proportion to duties attracted by these items currently.
“We will keep exemptions to a minimum. We are still finalising the exemption list,” a government official said.
States exempt unprocessed goods and those consumed by the poor such as fruits, vegetables, salt, grain and coarse fabric.
The Centre provides excise exemption to processed food and pharmaceuticals and a concessional rate to fruit-based items.
Common items exempted by the Centre and states include bread, eggs, milk, vegetables, cereals, books and salt. These will continue to be exempted.
The negative list of services, exempted from the levy, will be reduced to include only essential services such as health and education.
“We will have a very small number of essential services out of the GST net,” the official added. The negative list of services currently has 18 heads, which include health care, education, goods transport agency and non-air conditioned restaurants, among others.
The draft model GST law, put on the public domain, provides tax exemption provision for certain goods or services, taking public interest into account.
“If the central or a state government is satisfied that it is necessary in the public interest... it may, on the recommendation of the Council, by notification, exempt generally either absolutely or subject to such conditions... goods and/or services of any specified description from the whole or any part of the tax leviable thereon,” the draft law states.
Chief Economic Advisor Arvind Subramanian, in his recommendation on a revenue-neutral rate for the GST, had argued eliminating the exemptions on health and education as this will make tax policy more consistent with social objectives. He had also recommended bringing electricity and petroleum within the scope of the GST.
Subramanian in his report on GST argued that extensive central excise exemptions amounted to about Rs 1.8 lakh crore, or 80 per cent of actual collections.
“Given the historic opportunity afforded by the GST, the aim should be to clean up the Indian tax system that has effectively become an ‘exemptions raj’ with serious consequences for revenue and governance,” the report said.
The government has been pruning the excise exemption list for quite some time. From 542 items in 2011, it has come down 300 items.

It should be noted that some petroleum products would come under zero rate till the time the GST Council decides to bring them under GST rates. This means that the state will continue to impose VAT and the Centre excise duty on these items.

Zero rated is different from exemption as input credit is given in case an item is zero rated. Or in other words, items drawing zero rate  is in the GST chain.

Continued lack of consensus at next meeting could cast shadow on GST rollout by April 1.
Most issues related to the proposed Goods and Services Tax taken up by the GST Council have been resolved. But administrative control over assesses has become a prickly matter, dividing the Centre and states.
Even an informal meeting between Finance Minister Arun Jaitley and state finance ministers failed to resolve the matter on Sunday, five days ahead of when the GST Council is slated to take up the issue.
While the states and central finance officials are set to meet on Monday, the lack of consensus has the potential to cast a shadow on the planned GST rollout by April 1, 2017.
States, including West Bengal, Uttar Pradesh and Tamil Nadu, also took the opportunity to raise the issue of demonetisation and its impact on their treasuries with the finance minister.
After Sunday’s three-hour meeting, Jaitley said: “The meeting has remained incomplete. Discussions will continue on November 25.”
Trinamool Congress-ruled West Bengal remained a hurdle in building a consensus on the issue. The Trinamool had made implementation of GST a part of its manifesto for the Assembly polls, which it won earlier this year. However, the assembly has not ratified the constitutional amendment Bill.
But there are practical difficulties as well. Entry-level taxes imposed by the Centre and the state have not been resolved. Who will collect these taxes? If the state ceases to collect these, how will the compensation mechanism work? West Bengal asked these questions. The state also objected to the Centre’s close monitoring of fund usage in social development schemes, calling it a “serious infringement” of the federal structure.
Kerala and Tamil Nadu are also citing jurisdictional issues and two sets of tax collection agencies as their objections. The objections of these three states suggests that the rollout of GST will miss its deadline.
In initial meetings of the GST Council in October, the issue was stated to be resolved amicably between the Centre and states. According to that agreement, the states were to have sole control in matters of sending notices, scrutinising and auditing accounts of assessees if their annual turnover was up to Rs 1.5 crore in case of goods. Over this threshold, both the Centre and states were to have control, but they were to avoid dual control over the same assessee.
In case of services, it was agreed the Centre would have sole control over assessees in case of service tax till the time state officials get enough skills to monitor this levy. Under the current tax system, only Centre can impose service tax, at least most of them.
However, this agreement, technically called horizontal model, broke down later even before the minutes of the agreement could be written. States argued that they also levy some service taxes such as entertainment tax. As such, they should be given power to monitor these.
The Centre then proposed a vertical model under which both the Centre and states will have control over assessees in goods and services, but would avoid dual control. The Centre was willing to give more number of assesses — two-thirds — to states. This was not agreed to by many states.
As the GST Council meeting could not break the deadlock, an informal meeting was convened by Jaitley. Most bureaucrats were not part of the meeting. However, this meeting could not resolve the issue.
Any disagreement at the next meet could derail the rollout of the GST from the targeted April 1, 2017. Jaitley had earlier this month stated that the GST has to be rolled out by September 16, 2017, before the validity of the constitutional amendment brought in by Centre and ratified by states expired.
On Sunday, West Bengal, Kerala, Uttarakhand, Uttar Pradesh and Tamil Nadu insisted on exclusive control over taxpayers earning less than Rs 1.5 crore in annual revenue, for both goods and services.
Uttarakhand Finance Minister Indira Hridayesh said: “The Centre is agreeable on goods, but is not yielding on services. States are looking at their interest to safeguard their revenue. The Centre will have to yield to states to get the CGST and IGST Bills passed. A middle ground on the issue has to be worked out politically.”
Kerala Finance Minister Thomas Issac said his state was unwilling to compromise as it had virtually given up its taxation rights.
At present, the estimated indirect taxpayer base, including value-added tax, service tax and excise, is around 10 million, of which around 0.4 million are common to the centre and the states. This leaves around 9.6 million tax payers of which around 6.6 million are value-added tax assessees, 2.6 million are active service tax assessees and around 0.4 million assesses are registered under excise.
The next GST Council meeting, on November 25, will also work to finalise four supplementary Bills dealing with CGST, SGST, IGST and the compensation law.
All allowances (except Dearness Allowance) to Central Government Employees - Questions in Parliament

Allowances to Government Employees

In Lok Sabha on 18.11.2016, the Finance Minister Shri Arun Jaitley has replied in a written form regarding the allowances to Central Government employees recommended by the 7th Central Pay Commission. The complete text of the reply is reproudced and given below for your information...

"In view of the number of representations received with regard to substantial changes with the existing provisions relating to Allowances recommended by the 7th Central Pay Commission, the Government has set up a Committee to examine the recommendations of the Commission on allowances (except Dearness Allowance). The Committee has been asked to go into the recommendations of the Commission on various allowances and, having regard to the representations made by the staff associations as also the suggestions of the concerned Ministries/Departments and to make recommendations as to whether any changes in the recommendations of the Commission are warranted and, if so, in what form. Till a final decision is taken by the Government based on the recommendations of this Committee, all allowances (except Dearness Allowance) will continue to be paid at existing rates in the existing pay structure. The Committee, constituted vide order dated 22.7.2016, is to submit its report within four months. 

The Committee has been interacting with various stake-holders to discuss their demands and has so far held discussions with National Council (Staff Side), Joint Consultative Machinery, representatives from staff associations and officials from Ministry of Health & Family Welfare, Ministry of Home Affairs and Department of Posts. The Committee may also interact with the representatives of some other major Ministries/Departments and stakeholders with whom consultations are yet to be held before finalizing its Report. On submission of the Report, the matter pertaining to allowances will be considered by the Government and appropriate decision will be taken thereafter." 

Tuesday, 15 November 2016

Request for Issuing Instructions for Disbursement of Salary of Central Government Employees for the Month of November 2016 in Cash

CONFEDERATION OF CENTRAL GOVT. EMPLOYEES & WORKERS
1″ Floor, North Avenue PO Building, New Delhi — 110001
Website: www.confederationhq.blogspot.com
Email: confederationhq@gmail.com
President Secretary General
K. K. N. Kutty M. Krishnan
09811048303 09447068125

Ref: Confdn/salary/ 2016

Dated — 15.11.2016

To,
Controller General of Accounts
Mahalekha Niyantrak Bhawan,
Ministry of Finance,
GPO Complex, Block E, Aviation Colony, INA Colony, New Delhi – 110003

Sir,

Sub: -Request for issuing instructions for disbursement of salary of Central Government Employees for the month of November 2016 in cash.

As you are aware , the difficulties being experienced due to demonetization of Rs.500/- and Rs. 1000/- currency notes may continue for about 50 days as made clear by the Goverment. Further Banks have imposed a cap of 24000/- for withdrawal from savings Bank Accounts. Even for withdrawing that amount, one has to stand in long que for hours together. Naturally Central Government employees are likely to face much problem for getting their salary for this month in time. Employees waiting in que for cash may adversely affect the functioning of Central Goverment offices also.

In view of the above situation, I request you to issue necessary instructions to all pay drawing and disbursing officers, to make advance arrangements for payment of salary for November 2016, in cash, to all Central Government employees, on or before 30th November 2016.

Yours faithfully,

(M. Krishnan)
Secretary General
Mob: 09447068125
E-mail: mkrishnan6854©qmail.com

Wednesday, 9 November 2016

Income-Tax Department to coordinate with all banks and furnish details of individuals who exchange cash amount of Rs 2 lakh (R2 200,000) and above.



With the demonetisation of Rs 500 and Rs 1,000 currency notes, the government has directed the Income-Tax Department to coordinate with all banks and furnish details of individuals who exchange cash amount of Rs 2 lakh (R2 200,000) and above.
"A key reason for scrapping these two currency denominations is to curb the huge menace of fake currency, tackle black money and make India a cashless economy," said a senior I-T department official.
The object was also to make Indians tax complaint, which will eventually lead to higher revenues for government, he added.
The tax department has been asked to keep record of every individual along with his/her PAN card details and tally it with the tax filing.
Accordingly, the department will impose a penalty, which could be between 30 per cent and 120 per cent, depending on the source of income.
India has physical cash circulation of Rs 17 lakh crore, of which 88 per cent is Rs 500 and Rs 1,000 notes.
Official data suggest that 40 per cent of black money is generated in real estate, while stock market and bullion transactions are other big sources.
Estimated total value of gold in India at 25,000 tonnes is Rs 70 lakh crore.
India imports 750 to 1,000 tonnes of gold every year.
Among the key reasons that triggered the move was the moderate response to the Income Declaration Scheme which charged a one-time effective tax rate of 45 per cent on undisclosed income or property, giving a chance to domestic taxpayers to declare undisclosed income or assets by September 30.
The scheme offered immunity from prosecution under the Income Tax Act, Wealth Tax Act and Benami Transactions (Prohibition) Act.
According to estimates, the government collected only Rs 65,250 crore, resulting in tax revenue of Rs 30,000 crore, about 0.2 per cent of GDP.
The government has also tried to deal with the currency problem where 250 out of every 1 million notes are found fake, according to the data submitted by the Union home ministry to Parliament on May 3.
In 2015, investigative agencies and the Reserve Bank of India had recovered 632,000 fake currency notes with a value of Rs 30.43 crore.
In 2015, various intelligence agencies filed 788 cases of smuggling and circulation of fake currency notes, in which at least 816 people were accused.
It has been learnt that Delhi and Uttar Pradesh together accounted for over 43 per cent of fake currency recovered.

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
DEPARTMENT OF EXPENDITURE
CENTRAL PENSION ACCOUNTING OFFICE
TRIKOOT-II, BHIKAJI CAMA PLACE.
NEW DELHI-110066

CPAO/lT&Tech/Simplification/2016-17/11.VOL-V/162

31.10.2016

Subject: Automatic Restoration of Commutation of pension and payment of Additional pension.

Attention is invited to this office 0M No. CPAO/Tech/Bank Performance/2015-16/45 dated 02.06.216 para No. (ii) & (iii) followed by minutes of the meeting with all Banks held on 22.08.2016 para Il (c) wherein all Banks were advised to restore the commuted portion of pension after 15 years from the date of payment of commutation and pay additional pension on attaining the age of 80 years both automatically. Now, all CPPCs are directed to submit the compliance report of the above instructions by 7th November. 2016 by e-mail, on e-mail id for onward transmission to DP&PW.

This issues with approval Of CC (p)

(Vijay Singh)
Sr.Accounting Officer(IT & Tech)

Tuesday, 8 November 2016

Lunch Hour Demonstration on 09.11.2016‐ regarding.


 The joint platform of the Coordinating Committee (C‐o‐C) of the Federations/Associations in the Department of Revenue met on 24th September, 2016 at Kolkata to discuss about pay anomalies of certain grades in the Department of Revenue with other Departments after implementation of the 7th CPC. The C‐o‐C of the Revenue Department decided to submit a memorandum to the Hon’ble Finance Minister highlighting the anomalies faced by the officers/officials of the Revenue Department. It was further decided in that meeting to tread the path of agitation to exert pressure on the Govt. of India for favourable consideration of the demands. The said agitational programmes include Lunch‐hour demonstration in front of all offices of Revenue Department on 9th November, 2016. The issues in the Charter of demands submitted by the C‐o‐C to the Finance Minster, Govt. of India relate to basic demands of the members of Associations/Federations of the Revenue Department.
   CHARTER OF DEMANDS 

  a) To ensure Minimum five up‐gradations to all officers in uniform Promotional Hierarchy across all departments/Ministries in Govt. of India. b) To settle the pay anomalies & cadre structure of Havilder & Head Havilder of CBEC with similar cadre of IB/CBI/Other Departments. Accordingly, Grade Pay of Havilder should be Rs.2400/‐ in place of Rs. 2000/‐. c) To Settle the pay anomalies of Inspector (GP of Rs. 4800/‐ instead of Rs.4600/‐) & Income Tax Officer/Superintendent (GP of Rs. 5400/‐ in PB3 instead of Rs. 4800/‐) of Revenue Department with the same Grades/Cadres of IB/CBI/Other Departments. d) To bring in an identical pay structure & promotional hierarchy of the administrative wing in CBDT & CBEC which should also be at par with Hqrs. Organization i.e. Central Secretariat Office as mentioned in 7th CPC recommendations. e) To maintain the pay parity between the Auditors/Accountants of the Audit & Accounts Department and the Tax Assistants in Revenue Department and UDCs of other Central Govt. Departments, which have all along been in the same pay structure. f) To finalize and/or modify the Recruitment Rules (including the ones, already notified viz., Executive Assistant& Tax Assistant under CBEC) after taking into account the suggestions/views of staff Federations/Associations, representing the Stakeholders, immediately. g) To Hold DPCs immediately to fill up all the vacant posts in various cadres. h) To fill up all the vacant posts in direct recruit quota by way of special recruitment drive. i) To restore the sanctioned strength of drivers prior to cadre restructuring and purchase of more Govt. Vehicles. Merger of the cadres with main stream cadres in the same Grade Pay after suitable relaxation may be an alternative option. j) Restoration and revision of Rummaging Allowance and Diet Allowance paid to Customs Superintendents and Inspectors (Preventive Officer) in CBEC.  

Sunday, 6 November 2016

NO DPC FOR AC PROMOTIONS

The case in Chennai CAT adjourned to 1st December, 2016.
Two more OAs 310/01458/2016 & 310/01536/2016 by C.Bakthavatchalam, S. Rajgopalan & Ors have been filed to stop DPC, apart from OA 310/01237/2016 by P. Bharthan & 2 ors. 3 MAs filed for impleading (by Association/Federation) and vacation of stay.
All the above listed at S.No.2 in Court No.1 at Madras CAT on 7.11.16.
Case came up for hearing only to see a small-time lawyer appearing on behalf of the Govt and asking for adjournment. The judge granted hearing to 1st Dec even before the lawyer could have completed his submission. Association/Federation lawyer made a plea for impleading and judge said, 'file it we'll hear on 1st'.
Now wait till 1st Dec. Game on.

House rent allowance (HRA) in 7th cpc rates-Central Govt Employees


All central employees and pensioners  eagerly expected the 7th cpc report and its details.Because pay commission is the only opportunity for employees to get revised pay structure and allowances.

June 29th Cabinet Approves 7th cpc report

All medias highlighted some main points like minimum pay 18000,New pay matrix method,and House rent allowance decreased from 10%,20%,30% to 8%,16%,24% respectively.

Employees are not fully satisfied with that news.On July 25th revised pay rules 2016 published in the gazette notification.Employees were expected that they will get the new salary with allowances in coming months.But govt announced that employees will receive the only 7th cpc pay hike . Allowances will be paid as per 6th cpc rate because govt wants to examine allowances which 7th pay commission recommended.

Most of the employees are thinking that at the time itself federations might have been accepted  the recommendations and after that negotiate with govt authorities about minimum pay and allowances.

Employees already received salaries without 7th cpc allowances.So this situation brings more pressure to trade unions to reach a positive settlement.

If it  fails in this regard then decide to take a struggle path it might be a conversation among employees.

6 th cpc actual implement date is 1/1/2006.But recommendations come to effect on 1/9/2008.Central employees received arrears from 1/1/2006 without allowances including HRA.In the same manner, all allowances including HRA not been paid with 7th cpc revised pay.They received HRA and other allowances in 6th cpc rate which makes a heavy loss to central employees.They feel happy only if they are getting arrears with allowances and also govt will receive good responses from staff side.

The NC JCM also mentioned in a letter dated 12th October to Govt of India that all allowances to be paid from 1/1/2016.
Govt conduct meeting on 24th and 25 th October with NC/JCM to solve the issues of allowances and minimum pay.But It was assured by the Secretary(DoP&T) that, the issues raised by the Staff Side(JCM) would be taken up in the Allowance Committee meeting.

For example a govt servant basic as on 01/01/2016 is 50500.Below table shows the difference between 6th cpc HRA and 7th cpc HRA.
6th cpc HRA7th cpc HRA 24%Difference
5754121206366

Due to heavy loss in HRA employees are thinking about the decision which makes the way to govt for reconsidering allowances. Almost 10 months crossed without new HRA. No one knows the exact date of getting new HRA and other allowances with salary.All federations and Associations have to put their maximum effort to receive arrears with all allowances.The huge money must take rest at employees hands only because it belongs to them.

Tuesday, 1 November 2016

Tribunals to get rid of corruption post-GST

Tags: News

The Customs, Excise, Service Tax Appellate Tribunal (CESTAT) order has been made applicable with immediate effect

It seems a daunting task for tax authorities to clear all legacy cases before the launch of goods and services tax (GST) in the face of allegations of a nexus between lawyers and tribunal members. A top Delhi-based law firm, Lakshmikumaran and Sridharan, securing a favourable order from a tax tribunal after getting adverse order from the Supreme Court is a case in point.

It has now been learnt that that the Customs, Excise, Service Tax Appellate Tribunal (CESTAT) has directed the registrars of principal bench not to post any case represented by the law firm before a bench presided by a particular member.

“All deputy registrars/assistant registrars of principal bench and outlying benches of the tribunal are hereby directed that till further orders, no case/appeals represented by Lakshmikumaran and Sridharan law firm be posted before any bench presided by Hon’ble Archana Wadhwa, member (J),” the CESTAT said in its order on October 21.

The CESTAT order has been made applicable with immediate effect.

In the above case involving a private firm, the lawyer arguing for them is accused of suppressing the fact that the apex court had given its order in the case amounting to deceit and contempt of court.

The development is not in isolation. Recently, a renowned lawyer declared unaccounted money of over Rs 125 crore prompting the tax authorities to unravel a possible longer money trail.

Tax experts have said that the proposed tribunal under the GST regime would address the issue of unhealthy practices in tribunals, which is not a secret. This is also expected to reduce unsavoury means used in transfer and postings at the tribunal and break the cycle of corruption.

“It cannot be denied that those candidates who could manage to secure appointments through corrupt means, cannot keep the adjudicating atmosphere free from corrosion as they seek the return of expenditure incurred by them in finding their way into the tribunal. This forms a cycle of corruption and lowering of the judicial values. This cyclic process becomes unending because greed is never curtailed,” a Supreme Court-appointed law commission in its 162nd report on the working of tribunals, including CESTAT, had said.

As government gears up to implement the GST which promises to reduce litigation the central board of excise and customs (CBEC) has asked its field formations to clear the pending cases so that the new indirect tax reform could be started on a clean slate.
NPS COMMITTEE FOR STREAMLINING THE IMPLEMENTATION OF NEW PENSION SCHEME CONSTITUTED --- ORDER COPY SUPPLIED UNDER RTI REPLY TO SRI VAISAKH VASUDEVAN PALAKKAD (KERALA).