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Wednesday, 6 July 2016

Wednesday, July 6, 2016


DATED – 06.07.2016

The National Joint Council of Action (NJCA) met at the Staff Side office, JCM, New Delhi today at 11:30 AM as scheduled. During the discussions, the Convener received an invitation from the Honourable Home Minister, Shri Rajnath Singh. The following members of the NJCA met the Home Minister in a delegation.

1. Dr. M. Raghavaiah (NFIR), 2. Shiv Gopal Misra (AIRF), 3. Rakhal Dasgupta (AIRF), 4. Guman Singh (NFIR), 5. K. K. N. Kutty (Confederation), 6. C. Srikumar (AIDEF), 7. M. Krishnan (Confederation), 8. Ashok Singh (INDWF), 9. R. Srinivasan (INDWF), 10. M. S. Raja (Confederation), 11. J. R. Bhosale (AIRF), 12. Bhatnagar (NFIR), 13. R. N. Parashar (NFPE), 14. Giriraj Singh (NFPE), 15. Satish Chander (FNPO), 16. Shiv Kumar (FNPO), 17. N. Kannaiah (AIRF).

The issues in the Charter of demands were discussed with special reference to the 7th CPC related demands. The delegation brought to the notice of the Honourable Home Minister that the NJCA has not received a communication from the Government over the assurances held out on 30th June, 2016, when the NJCA delegation met the Honourable Home Minister, Finance Minister and the Railway Ministers. On 30th June 2016, the Government had assured to refer the revision of Minimum wage and fitment formula to a Committee. The Finance Minister has also clarified that the Government has taken the decision to implement the recommendation of the 7th CPC to bring about parity between the past and present pensioners. They added that such a communication in confirmation of the assurances will enable them to take a decision over the strike action which is to commence from 11th July, 2016.

The Honourable Home Minister assured the delegation that the Government will honour the assurances held out to the NJCA leaders on 30th June, 2016 and accordingly the Honourable Finance Minister, Shri Arun Jaitly will issue a Press Statement today, with copy to NJCA.

After receipt of the copy of the Press Communique issued by the Honourable Finance Minister, the NJCA will take a final decision.


M. KRISHNAN
Secretary General
Confederation
Recovery of excess payments made to pensioners

RESERVE BANK OF INDIA
WWW.rbi.org.in

RBI/2015-16/340
DGBA.GAD.NO.2960/45.01.011/2015-16
March 17,2016
The Chairman/chief Executive Officer
All Agency Banks

Dear sir,
Recovery of excess payments made to pensioners

We have been receiving complaints from pensioners stating that the recovery of excess/wrong pension payments are being made in a manner that is not in keeping with the extant guidelines. In this connection, the instructions contained in circular Nos. CO.DGBA (NBS) No.44/GA.64 (11-CVL) 90/91 dated April 18, 1991 and CO.DGBA (NBS) No.50/GA.64 (11-CVL) 90/91 dated may 6, 1991 laying down a uniform procedure in consultation with the controller General of accounts and various non- civil ministries for recovery are reiterated below:

a) As soon as the excess/wrong payment made to a pensioner comes to the notice of the paying branch, the branch should adjust the same against the amount standing to the credit of the pensioner’s account to the extent possible including lumpsum arrears payment.

b) If the entire amount of over payment cannot be adjusted form the account, the pensioner may be asked to pay forthwith the balance amount of over payment.

c) In case the pensioner expresses his inability to pay the amount,the same may be adjusted from the future pension payments to be made to the pensioners. For recovering the over-payment made to pensioner from his future pension payment in instalments 1/3rd of net (Pension + relief) payable each month may be recovered unless the pensioner concerned gives consent in writing to pay a higher installment amount.

d) If the over payment cannot be recovered from the pensioner due to his death or discontinuance of pensioon then action has to be taken as per the letter of undertaking given by the pensioner under the scheme.

e) The pensioner may also be advised about the details of overpayment/wrong payment and mode of its recovery.

The above uniform procedure may be strictly adhered to while effecting recovery of excess/wrong pension payments made to pensioners.

2. As regards the issue of refund of excess/wrong payments to the government, banks may be guided by the guidelines laid down in our circulars Nos. DGBA.GAD.H-10450/45.03.001/2008-09 dated June 1, 2009 and DGBA.GAD.H.4054/45.03.001/2014-15 dated March 13,2015 which have been incorporated in our master circular on disbursement of government pension by agency banks dated july 1, 2015.

Yours faithfully

(Manish Parashar)
Deputy General Manager

Tuesday, 5 July 2016




Delegation of power for applying passport (click below)

The Govt may Increase the Minimum Pay to defuse Strike Threat- Livemint
The Govt may Increase the Minimum Pay to defuse Strike Threat- Livemint

Under pressure from the unions, the government has indicated that it may increase the minimum monthly pay of central government employees beyond the Rs.18,000 suggested by the Seventh Pay Commission, seeking to defuse a strike threat.

The assurance has divided several government unions on whether to go ahead with the indefinite strike starting 11 July.

Three cabinet ministers—finance minister Arun Jaitley, home minister Rajnath Singh and railway minister Suresh Prabhu—met representatives of several government staff unions late on Thursday for almost two hours and assured them that their demand would be looked into.

The unions have been demanding Rs.26,000, higher than the Rs.18,000 approved by the cabinet on Wednesday on the Seventh Pay Commission’s report. The government said it was more than doubling minimum pay from Rs.7,000 after accepting the recommendations of the commission, which would put an extra Rs.1.02 trillion in the hands of 10 million government employees and pensioners.

“Three top ministers called us and we met at Rajnath Singh’s house for two hours till 11pm last night. We have been assured that the minimum wage issue is going to be referred to one of two committees that the government is setting up to rectify any anomalies in the pay commission recommendations’ implementation,” said Shiva Gopal Mishra, general secretary of the National Joint Council of Action (NJCA), a confederation of several government staff unions.

The council claims a membership of 3.3 million, including workers of Indian Railways, the country’s largest employer.

Mishra said Jaitley accepted their concern. “He said the government will try to rectify some of our demands, including minimum wage,” the NJCA general secretary said.

Union leaders claimed that the pay commission’s recommendation and the government’s announcement raising minimum pay from Rs.7,000 to Rs.18,000 had glossed over the fine print.

“Now, base pay plus dearness allowance (DA) makes the minimum wage Rs.15,700. They have increased it to Rs.18,000,” said K.K.N. Kutty, national president of the Confederation of Central Government Employees and Workers.

“When you are doing away with DA in the new system, the hike cannot be just Rs.2,000,” said C. Srikumar, general secretary of the All India Defence Employees Federation, a union of civilian workers in factories and establishments under the ministry of defence.

Mishra said the home minister assured them that “their interaction with us has the blessings of PM Narendra Modi”.

“On minimum wage, we are for a negotiated settlement and it seems there is some consideration at the highest level,” he added.

An office-bearer at an employees’ union said the government’s offer had posed a dilemma to union leaders, noting that it wasn’t a written assurance, “without which it will be tough to accept that the government is indeed serious in reworking the minimum wage”.

The offer had ended up dividing the unions on whether to proceed with the strike, this person said on condition of anonymity. “And we could not reach a conclusion on Friday on our next course of action,” he said, adding that the railway workers’ union was hesitant about going on strike.

Mishra, who is also the general secretary of All India Railwaymen’s Federation, sounded a conciliatory note.

“We are fighting for the welfare of our own workers…a strike is an option if government does not listen to us. There seems to be a political willingness to solve what we are demanding and that’s what was indicated last night,” Mishra told reporters in New Delhi.

On Friday, NJCA wrote to all unions that “government has proposed to refer the issue of minimum wage and fitment formula (for calculation of salary) to a committee for reconsideration. The NJCA will await communication in this regard from the government”.

It said that it will meet on 6 July again to decide on the proposed strike.

What is interesting is that increasing the minimum pay will change the salary fitment calculations. If the minimum wage is hiked from Rs.18,000 to even Rs.20,000, the fitment rate will be higher than the 2.57 times approved by the government based on the pay commission recommendations.

“If the 2.57 fitment formula is tinkered with, then salary and pension in general for all segments of employees will go up, putting further stress on the exchequer. So the government has to walk a fine balance and a lot of homework is required,” said a government official, who declined to be named.

The acceptance of the pay commission recommendations is a potential boost to the consumer economy.

A further hike could lift consumption further, but it will be tough on government finances, the official said.

Rating agency India Ratings and Research Pvt. Ltd said the gross impact of pay hike on the economy is likely to be Rs.94,775 crore.

“The central government will receive income tax on this payout and collect excise duty on consumption, after sharing the increase in income tax and excise duty with states. Thus the net impact on the central government finances is estimated to be Rs.80,641 crore,” said D.K. Pant, chief economist of India Ratings and Research.

Wednesday, 8 June 2016

REPEAT RAP OF DELHI HIGH COURT ON ST AUDIT...

Today the Delhi High Court in case of Mega Cabs Pvt. Ltd. has struck down Rule 5A(2) of Service Tax Rules as ultra vires to the Finance Act. The Court has also struck down Circular No. 181/7/2014-ST dated 10.12.2014.

Case was dealt and argued by Advocate JK Mittal

In the Delhi High Court Mega Cabs Pvt. Ltd. filed a writ petition (C) No. 5192/2015 [[Mega Cab v UOI and Anr.] challenging the validity of Rule 5A(2) of the Service Tax Rules as substituted by Notification No. 23/2014-ST, dated 05.12.2014, clause (k) of sub-section (2) of section 94 of the Finance Act, 1994 as inserted w.e.f. 06.08.2014 by the Finance Act, 2014 and also the Circular No. 181/7/2014-ST dated 10.12.2014 directing departmental officers to conduct audit of the service tax assessees as provided in the departmental instructions. 

In the matter, Delhi High Court has entertained the said writ petition and by order dated 22.05.2015 issued Notice to the Union of India, Ministry of Finance, and also to the Service Tax (Audit) Department, Delhi. 

Today, (03.06.2016), the Delhi High Court delivered a landmark Judgment [Mega Cab v UOI and Anr. in WP(C) 5192/2015] - no more audit of assessee records by the Central Excise and Service Tax Department and struck down Rule 5A(2) of Service Tax Rules as ultra vires to the Finance Act, 1994.

The Court also held that “verification” in clause (k) of sub-section (2) of section 94 of the Finance Act, 1994 cannot be constructed as  “audit” which is specialized function otherwise clause (k) suffered from the vice of excessive delegation of legislative power by the Parliament.

The Court also struck down the Circular No. 181/7/2014-ST (F. No. 137/46/2014-ST), dated 10-12-2014 regarding Audit of the Service Tax assessees by the officers of Service Tax and Central Excise Commissionerates as well as circular dated Circular No. 995/2/2015-CX (F. No. 206/03/2014-CX.6),dated 27-2-2015 regarding Central Excise and Service Tax Audit norms to be followed by the Audit Commissionerates.

The High Court further held that Audit Manual – 2015 issued by the Department also has no statutory force by observing that earlier Audit Manual 2011 was also declared without any statutory backing - Travelite (India) v UOI 2014 (35) S.T.R. 653 (Del.). The Government has not down anything to remove the defect pointed out in Travelite (India) judgment.

The Court also quashed impugned letter C. No. I-26(494)ST/AMR-48B/Mega Cabs/C-IV/gr-1/2013/383 dated 30.04.2015 issued by Service Tax Department to Mega Cab regarding audit.

It is a general practice of Service Tax Department to conduct audit of service tax assessees for last five years by deputing their own officers of the rank of Inspectors and Superintendents. Service Tax Department also seeks voluminous details and seeks information in self-specified format/annexures of about 32 pages, which are not prescribed under the law. Service Tax Department without assigning any reasons and routinely conducts audit even when it is not prescribed under the law and not conducting special audit.

It may be noted that earlier Rule 5A(2) was struck down as ultra vires by  the Hon’ble Delhi High Court in the matter of Travelite (India) v UOI 2014 (35) S.T.R. 653 (Del.), after that amendment was made by the Finance Act, 2014 by inserting clause (k) of sub-section (2) of section 94 and on the basis of that sub-rule (2) to Rule 5A has been again enacted. Whereas in Circular No. 181/7/2014-ST dated 10.12.2014, stand has been taken by the Government that Travelite (India)  judgment can be distinguished as a clear statutory backing for the rule now exists in section 94(2)(k) of the said Act.

The High Court has given detailed judgment considering various judgments. Now this judgment made is clear that the officers of the Department has no power to conduct audit at all. 

Similarly, the CAG officers also have no power to conduct audit of the assesse records.