Monday, January 15, 2018

Benefits of MACPS w.e.f.1.1.2006, since MACPS is a part of pay structure not as allowances as per Sixth CPC and as per judgment of Supreme Court: IRTSA



INDIAN RAILWAYS TECHNICAL SUPERVISORS ASSOCIATION
(Estd. 1965, Regd. No.1329, Website http://www.irtsa.net )

M. Shanmugam, 
Central President, IRTSA 
# 4, Sixth Street, TVS Nagar, 
Padi, Chennai - 600050. 
Harchandan Singh, 
General Secretary, IRTSA, 
C.Hq. 32, Phase 6, 
Mohali, Chandigarh-160055.
No:IRTSA/CHq/Memo RB/MACPS/2017-12Date: 27-12-2017


MEMBER STAFF
RAILWAY BOARD
RAIL BHAWAN, NEW DELHI-110001


Respected Sir, 

Sub: Benefits of MACPS w.e.f.1.1.2006, since MACPS is a part of pay structure not as allowances as per Sixth CPC and as per judgment of Supreme Court.
Ref: 1. Recommendations of Sixth Central Pay Commission para 6.1.15, 6.5.2 & 6.5.4
2. Ministry of Finance Resolution No.1/1/2008-I C, dated 29.8.2008
3. OM No. PC-V/2009/ACP/2 (RBE No.101 /2009) dated 10.06.2009 – Regarding Recommendations of Sixth CPC – Modified Assured Career Progression Scheme (MACPS) for Railway Employees,
4. Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008
5. Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008
6. Judgement of Supreme Court in Civil Appeal No.3744 of 2016 Dated 8-12-2017 (Copy attached).

1. We seek your kind intervention to urge upon the Government to please reconsider and revise the date of implementation of MACPS w.e.f 1.1.2006 (instead of 1-9-2008), since MACPS has been held by the Hon’ble Supreme Court of India, as a part of pay structure recommended by 6th CPC and not to be considered as allowance which were implemented from 1.9.2008.

2. 6th CPC in Para 6.1.15 (Annexure-I) of its report, had recommended Modified Assured Career Progression Scheme (MACPS). As per the recommendations, financial upgradation was to be available in the next higher Grade Pay whenever an employee completed 12 years continuous service in the same grade. However, not more than two financial upgradations were to be given in the entire career. The Government had accepted the same with further modification to grant three financial upgradations under the MACPS at intervals of 10, 20 and 30 years of continuous regular service. This Scheme was in supersession of previous ACP Scheme and clarifications were issued there under.

3. Sixth CPC Recommendations on Date of implementation:

a) Reg. Pay Structure: 6th CPC in para 6.5.2 & 6.5.4 (Annexure-II) of its report had recommended for implementation of revised scheme of pay bands and grade pay as on 1/1/2006 retrospectively

b) Reg. Allowances: 6th CPC had recommended for implementation of revised allowances to take effect prospectively.

c) Reg. MACPS: 6th CPC had recommended for implementation of MACPS retrospectively from 1-1-2006, as clear from the relevant Para reproduce below:

6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.
4. Ministry of Finance vide Gazette of India, Extraordinary Notification of Resolution No.1/1/2008-I C, dated 29.8.2008 had implemented revised pay w.e.f.1.1.2006. But it implemented MACPS and all allowances except DA w.e.f.1.9.2008. Relevant rules of finance ministry notification is attached as Annexure-III

5. Ministry of Railways also implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008. Relevant part of RBE No. 103/2008 dated 04.09.2008 is attached as Annexure-IV

6. Railway Board implemented the revised rate of NPA effective from the date an employee drawing pay in the revised scale applicable to him in accordance with the provisions of the Railway Services (Revised Pay) Rules, 2008, ie. w.e.f. 1.1.2006, vide its letter No. PC-V/2008/A/O/1(NPA) (RBE No. 122/2008) dated 22.9.2008. Relevant part of RSRP is attached as Annexure-V

7. It is very much evident that 6th CPC recommended MACPS as part of pay structure. Subsequent resolution issued by Finance Ministry, (relevant paras of resolution given in earlier paras of this memorandum) implemented revised pay w.e.f. 1.1.2006. All allowances except DA were implemented w.e.f.1.9.2008.

8. MACPS is a part of pay structure. But MACP order have been implemented w.e.f.1.9.2008, which is against the 6th CPC recommendations and Finance Ministry’s resolution.

9. Hon’ble Supreme Court of India in Civil Appeal No.3744 of 2016 decided on 8-12-2017 (copy attached as Annexure-VI) had upheld the orders of the Armed Forces Tribunal (AFT) vide its order dated 21.05.2014 wherein it was held that the benefit of ACP granted to an employee is part of the pay structure which not only affects his pay but also his pension and, therefore, held that the ACP is not an allowance but a part of pay and will apply from 01.01.2006. The Court had further ordered and held that there can be no dispute that grant of ACP is part of the pay structure.

10. It is, therefore, requested that MACPS may please be implemented from 1.1.2006 since MACPS is part of pay structure – as recommended by 6th CPC and as held by the Apex Court.

Yours’ faithfully


Harchandan Singh, 
General Secretary/IRTSA
Encl: 6 Annexure

➢ 2 Extracts of recommendations of 6th CPC

➢ Reg Date of effect of MACPS as being part of Pay structure Ø 3 Extracts of decisions of Gov. Reg MACPS.

➢ 1 Copy of judgment of Supreme Court
- on Date of effect of MACPS as part of Pay structure



Copy for information & necessary action to:

1. Secretary (Establishment), Railway Board, Rail Bhawan, New Delhi - 110001
2. Executive Director (Pay Commission), Railway Board, Rail Bhawan, New Delhi - 110001

Annexure-I 
6th CPC recommendations on MACPS

6.1.15. …… The Commission, therefore, recommends that the existing scheme of Assured Career Progression may, in future, be continued with two financial upgradations being allowed as at present with the following modifications:-

i) The scheme will also be available to all posts belonging to Group A - whether isolated or not. Organised Group A services will, however, not be covered under the scheme.

ii) Benefit of pay fixation available at the time of normal promotion shall be allowed at the time of financial upgradations under the scheme. Thus, an increase of 2.5% of pay and grade pay shall be available as financial upgradation under the scheme.

iii) The grade pay shall change at the time of financial upgradation under this scheme. The grade pay given at the time of financial upgradation under ACPS will be the immediate next higher grade pay in the hierarchy of revised pay bands and grade pay being recommended. Thus, grade pay at the time of financial upgradation under ACPS can, in certain cases where regular promotion is not between two successive grades, be different than what is available at the time of regular promotion. In such cases, the higher grade pay attached to the next promotion post in the hierarchy of the concerned cadre/ organization will be given only at the time of regular promotion.

iv) Financial upgradation under the scheme will be available whenever a person has spent 12 years continuously in the same grade. However, not more than two financial upgradations shall be given in the entire career as was provided in the extant scheme.

The scheme with aforesaid modifications shall be called modified ACPS and will ensure suitable progression uniformly to all the employees in Central Government.

Annexure-II 
6th CPC recommendations on Date of effect

6.5.2. The Commission has devised the revised scheme of pay bands and grade pay on the basis of price index as on 1/1/2006. Consequently, the revised structure of pay bands and grade pay being recommended in this Report would need to be implemented from 1/1/2006. The Government will have to pay arrears of salary on account of fixation of pay in the revised pay bands and grade pay retrospectively with effect from 1/1/2006.

6.5.4. The Commission is of the view that prospective revision of various allowances is justified as their retrospective revision will give unintended benefits and may also, in some instances, cause loss to the employees as in the case of City Compensatory Allowance. Accordingly, the Commission’s recommendations relating to allowances shall take effect prospectively. All recommendations relating to other facilities, benefits and conditions of service shall also take effect prospectively.

Annexure-III 
Ministry of Finance resolution

Gazette of India, Extraordinary, Ministry of Finance resolution No.1/1/2008-I C, dated 29.8.2008 has implemented revised pay w.e.f.1.1.2006 and all allowances except DA w.e.f.1.9.2008.

rule (iv) of rule 1. With regard to fixation pay in the revised pay bands, the basic pay drawn as on 1.1.2006 on the existing 5th CPC pay scales will be multiplied by a factor of 1.86 and then rounded of to next multiple of 10. This will be the pay in the revised running pay band. Grade Pay, as approved by Government, corresponding to the pre-revised pay scale, will be then added to the pay in the revised pay band. The total of pay in pay band and grade pay will be the revised basic pay as on 1.1.2006.


rule (vii) of rule 1. Three upgaradtion will be granted under Assured Career Progression (ACP) scheme at 10, 20 and 30 years as per Modified ACP scheme recommended by the Commission. ACP scheme will also applicable to Group ‘A’ employees.

rule 3. The revised allowances, other than dearness allowance, will be effective from 1st day of September 2008.

Annexure-IV 
Ministry of Railways Notification RBE No. 103/2008 dated 04.09.2008

Sub rule (2) of rule1 - They shall deemed to have come into force on the 1st January 2006.

Sub rule (1) of rule 7 – The initial pay of Railway servant who elects, or deemed to have elected under sub rule (3) of rule 6 to be governed by the revised pay structure on or from 1st January 2006, shall, unless in case the President by special order otherwise directs, be fixed separately in respect of substantive pay in the permanent post on which he holds a lean or would have held a lean if it had not been suspended, and in respect of pay in the officiating post held by him, in the following manner namely:-

(A) In the case of all employees

(i) the pay in the pay band/Pay scale will be determined by multiplying the existing basic pay as on 1.1.2006 by a factor of 1.86 and rounding off the resultant figure to the next multiple of 10.

Annexure-V

Railway Service (Revised Pay) Rules, 20008, No. PC-VI/2008/I/RSRP/1 (RBE No:108/2008) dated 11.09.2008

Rule 4. The revised rates of all allowances, such as House Rent Allowance, Transport Allowance, Children Education Allowance, Special Compensatory Allowance, Special Duty Allowance, Island Special Duty Allowance, Hard Duty Allowance etc will be paid prospectively w.e.f.1.9.2008. Accordingly no arrears will be paid in respect of these allowances. However, Dearness Allowances and non-practicing allowance for medical doctors at rates notified separately, will be payable w.e.f.1.1.2006 or from the date of option.

Payment of Pension should not be stopped due to non-linking of the Pension account


In a reply to a question the Minister of State in the Ministry of Finance has stated that payment of Pension should not be stopped due to non-linking of the pension account with the Aadhaar number. And it is informed that in case if it is not possible to have Digital Life Certificate either through finger prints or through Iris scanning, the physical life certificate submitted by the pensioner may be accepted to avoid any harassment to the pensioner.
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
LOK SABHA
UNSTARRED QUESTION NO: 2997
ANSWERED ON: 05.01.2018
Disbursement of Pension
SADHU SINGH
Will the Minister of FINANCE be pleased to state:-
(a) whether the disbursement of Central Government Pension to many beneficiaries have been stopped due to non-linking of same with the Aadhaar number and if so, the details thereof, State/UT-wise including Punjab;
(b) whether the Government proposes to exempt beneficiary patients suffering from leprosy or any other grave disease and hence unable to provide their biometric details and if so, the details thereof and if not, the reasons therefor;
(c) the other steps taken by the Government to facilitate such beneficiaries patients; and
(d) whether the Government is considering some alternative option for such beneficiary patients and if so, the details thereof and the steps taken by the Government in this regard?
ANSWER
The Minister of State in the Ministry of Finance
(a) to (d): The Government has not issued any instructions for stopping disbursement of pension to Central Government pensioner due to non-linking of the pension account with the Aadhaar number.
Instructions have been issued by the Department of Pension and Pensioners’ Welfare (DoP&PW) from time to time that in view of the difficulty faced by old and infirm pensioners, banks should make concrete effort to provide the facility of obtaining life certificate from the premises/ residence of such pensioners. The instructions also provide that in case of sick and infirm pensioners, personal appearance may be exempted if a life certificate in the prescribed form signed by some specified authorities is produced on the behalf of Pensioners.
Further, all Pension Disbursing Banks have also been advised by DoP&PW that where the finger prints of a pensioner are not accepted by the system, the alternate mechanism of biometric, i.e. Iris scanning, may be used in such case. In case, however, it is not possible to have Digital Life Certificate either through finger prints or through Iris scanning, the physical life certificate submitted by the pensioner may be accepted to avoid any harassment to the pensioner. In no case a pensioner should be returned without accepting his life certificate on account of non-acceptance of his biometric by the system.

Disability pension and compensation to ex servicemen and cadets

GOVERNMENT OF INDIA
MINISTRY OF DEFENCE
RAJYA SABHA
QUESTION NO 1448
ANSWERED ON 01.01.2018
Disability pension and compensation to ex servicemen and cadets
1448 Shri Vivek Gupta
Will the Minister of DEFENCE be pleased to state :-
(a) the details of the disability pension, accruing to the ex-servicemen, during 2014-17, rank-wise;
(b) whether Government has reduced the disability pension to ex-servicemen for any rank during 2014-17;
(c) if so, the details thereof and the rationale for the cuts in disability pension; and
(d) whether it is a fact that trainees of commissioned Group A (Class I) level posts are not given proper disability or family pension on death and only “monthly ex-gratia payment” is made since they are not considered as Government employees and if so, the steps taken by the Ministry to change this scenario?
ANSWER
MINISTER OF STATE IN THE MINISTRY OF DEFENCE
DR. SUBHASH BHAMRE
(a) Disability Pension in cases of invalidment is granted to Armed Forces Personnel irrespective of qualifying service rendered which consists of service element and disability element. Armed Forces personnel who are retired / discharged with disability which is attributable to or aggravated by military service are also allowed disability element in addition to their service / retiring pension. With effect from 01.01.2006, the Disability Element is paid based on 30% of last emoluments drawn for 100% disability which is reduced pro-rata for lower percentages of disability.
Benefit of broad banding of percentage of disability was earlier allowed only for those invalided out from service. However, vide Ministry of Defence orders dated 4th and 5th September, 2017 the benefit of broad banding of percentage of disability has been extended to cases of retirement / discharge from service with disability of 20% or more.
(b) No, Sir.
(c) Does not arise.
(d) Cadets during the entire duration of training in service academies i.e. during training period of Indian Military Academy (IMA) and Officers Training Academy (OTA) are entitled to stipend. The period of training is not treated as Commissioned Service. Cadets are not entitled to Disability Pension.
The scheme for grant of monthly ex-gratia awards in cases of death / disablement of Cadets (Direct) due to causes attributable to or aggravated by Military Training was introduced vide Ministry of Defence letter dated 16.04.1996 which was applicable with effect from 01.01.1986. Rates of Ex-gratia awards have been revised by each Pay Commission. The rates notified vide Ministry of Defence letter dated 04.09.2017, are as follows:-
In case of disablement:
Monthly Ex-gratia amount – Rs.9,000/-pm.
Monthly Ex-gratia disability award – Rs.16,200/-pm for 100% disability, subject to pro-rata reduction for lower percentages of disability.
Constant Attendance Allowance – Rs.6,750/-pm, if applicable.
In case of death:-
Monthly Ex-gratia amount – Rs.9,000/-pm.
Ex-gratia lump sum compensation – Rs.12.5 lakhs.
Source : Rajya Sabha

No need to upload the scanned copy of PAN card at the time of registration of establishments : EPFO



Employees' Provident Fund Organisation
 (Ministry of Labour, Govt. Of India)
 Head Office
 Bhavishya Nidhi Bhawan, 14- Bhikaji Cama Place, New Delhi - 110066
(CENTRAL ANALYSIS & INTELLIGENCE UNIT) 

No.CAIU/011(2)2018/PAN Card 
Date: 08.01.2018

To
All Additional Central P.F. Commissioner (Zones),
All Regional P.F. Commissioner In-charge of ROs. 

Sub:- Abolishing of uploading of scanned copy of PAN Card at the time of registration of establishment - regarding. 
Madam/Sir, 

At the time of registration of an establishment, employer has to upload digitally signed copy of PAN card. There is a mandate of Ease of Doing business to eliminate the requirement of submitting scanned copy of PAN card at the time of registration. 

2. In this regard, it is informed that the requirement of uploading the scanned copy of PAN card at the time of registration of establishment has been examined and online system has been put in place for verifying details of PAN directly from the Income Tax Department. Hence, it has been decided by the competent authority that there is no need to upload the scanned copy of PAN card at the time of registration of establishments. Information Services Division has already carried out necessary modifications in the software accordingly. 
3. The field offices are, therefore, advised not to insist on the copy of PAN card at the time of registration of a new establishment. 

Yours faithfully,

(S.C. Goyal)
Addl. Central P.F. Commissioner-II (CAIU)

CGHS: Revoking of suspension of empanelment of Krishna Super Specialty Hospital, Kanpur

Speed Post/E-mail

No.3-2/2011-12/CGHS/KNP/ 13263-79
Government of India
Central Government Health Scheme
Plot No.08-11, Ratanlal Nagar, Kanpur.

Dated -29-12-2017

OFFICE ORDER

Sub: Revoking of suspension of empanelment in r/o M/s Krishna Super Specialty Hospital, 363 Harrisganj near tatmil Chauraha, Kanpur-reg.

On the basis of recommendation submitted by the review committee officers Dr. Chandra Bhushan CMO SAG, Dr. S.M.Shukla CMO NFSG & Dr. Akhilesh Kumar M.O., it has now been decided by the undersigned that suspension of M/s Krishna Super Specialty Hospital 363 Harisganj near tatmil chauraha Kanpur may be revoked in public interest w.e.f.29-12-2017 to provide better quality & fair services to the beneficiaries of CGHS Kanpur on trial basis. The empanelment would be for all those facilities available in the Hospital and as per same terms and conditions on which it was empanelled prior to 27-07-2017.
(Dr. P.K.Pachouri)
Additional Director
CGHS, Kanpur.

To,

M/s Krishna Super Specialty Hospital 363 Harrisganj near tatmil chauraha, Kanpur.

Copy to

2. The Director, Nirman Bhawan, New Delhi in reference to his letter no.S-1140/S/2017-CGHS-IV dated 28th December 2017.
3. The A.D.D.G. (HQ) Nirman Bhawan, New Delhi.
4. PS to AS & DG, Nirman Bhawan, New Delhi.
5. Sr. Technical Director, NIC, MOH&FW, Nirman Bhawan, New Delhi with the request to upload the suspension of above HCO on the website of CGHS.
6. Pay and Accounts Office, LHMC, New Delhi.
7. Rajya Sabha/Lok Sabha Secretariat, New Delhi.
8. Dr. Manoj Jain, Sr. CMO (HEC), DGHS, Nirman Bhawan, New Delhi.
9. Deputy Secretary (Civil Service News) Department of Administrative Reforms and Public Grievances, 5th Floor Sardar Patel Bhawan, New Delhi.
10. Swami Publishers (P) Ltd., 236, R.K.Mutt Road, Chennai-600028.
11. Accounts Section, CGHS, Kanpur.
12. All CMO/Ic, CGHS, Wellness Centers, Kanpur for Information.
13. Chairman, Central Government Employee Welfare Committee, Ayakar Bhawan, Civil Lines, Kanpunr
14. UTl TSL, Civil Lines, Kanpur.
15. Director, NIC, Kanpur.
16. Dr. O.P.Narain CMO NFSG (HEC) CGHS, Kanpur.
17. Guard file.

Are you ready for retirement?

Photo: Reuters
Most of us contemplate our retirement with some measure of hope and trepidation. How much hope and how much fear is also a function of how prepared we are financially. Preparing, in turn, means taking stock of what it might cost to fund those sunset years.
How much is enough?
Assuming that your expenses will come down dramatically after retirement is not correct. While some expenses may indeed go down, others like healthcare costs are likely to rise as you grow old, even though you may no longer be repaying loans or putting your children through school or college.
Your travel expenses may also rise significantly as many are keen to travel after retirement. Therefore, you need to be prudent while calculating your post-retirement expenses.
Financial planners say expenses after retirement are usually about 80 per cent of what one spends during the work years.
Getting the numbers right
Life expectancy: Agreed that you cannot predict your life span, but an educated guess of how long your retirement period might be is not a bad idea. Taking into account your present health condition and your family's health history can help arrive at a figure. Remember that life expectancy is on the rise.
Return on investments: If you are investing in the stock market, be realistic while estimating returns.
Often, investment agents and bankers paint a rosy picture of your investments and claim average returns in the range of 20-30 per cent.
For stock market investments, it's safe to assume an average return of 12-14 per cent in the long term. Fixed income interest rates too are subject to fluctuations, given the vagaries of inflation and interest rates.
The key lies in constantly reviewing your portfolio and tweaking it in tune with your retirement corpus goal.
Price rise: Inflation is a demon that keeps nibbling away at your retirement corpus. So, always take into account the impact of inflation on your retirement savings.
To give you an idea, assuming inflation is at 7 per cent, Rs 1 lakh today will be worth just Rs 13,000 after 30 years.
This means things will get costlier and you will be able to provide for fewer things with the same amount of money down the years. You will need to make investment choices in such a way that the returns continue to absorb the inflation shock in your post-retirement years.
Health Insurance a must-buy
You should buy health insurance when you are young and healthy.
This is because insurance companies tend to deny cover as you grow older, particularly if you have a medical condition. Moreover, insurance policies come with a waiting period of up to four years to cover pre-existing diseases.
So, the sooner you buy a policy, the better, as it will help you tackle health emergencies better in the later stages of life.
"A senior citizen health insurance plan is absolutely necessary, especially when one is planning to retire and live on pension or interest earned on savings," says Antony Jacob, CEO, Apollo Munich Health Insurance.
"A health insurance policy can be expensive for senior citizens as old age brings ailments that could be expensive to treat. But this should not discourage retirees from buying a policy."
Planning for Contingencies
Finally, it is always advisable to save up for contingencies, as they come unannounced.
For instance, there are many illnesses that are not covered under health insurance policies. Having a contingency fund saves you the bother of running from pillar to post to arrange for money. For such contingencies, you may invest in liquid funds, which give a return of 6-7 per cent.

Conference on Implementation of National Pension System by Central Government - PFRDA Press Release


PENSION FUND REGULATORY AND DEVELOPMENT AUTHORITY 

PRESS RELEASE

Conference on Implementation of National Pension System by Central Government

A conference on implementation of National Pension System by Central Government Ministries/Departments and CABs was organized by PFRDA on 21st December, 2017 at New Delhi. The prime objective was to provide a forum to all Central Government Ministries/Departments and Central Autonomous Bodies (CABs), where the progress in the implementation of NPS with respect to compliance of timelines in various NPS related activities could be brought to the fore and a way forward could be provided. Officials from most of the Ministries/Departments and CABs attended the conference. 

Dr. Badri Singh Bhandari, Whole Time Member (Economics) in his opening remarks emphasised the need for discipline in submission of subscriber registration forms and remittance of the subscriber contribution. He stressed on maintaining discipline of timely remittance of subscriber contribution and reiterated about the OM issued by Department of Expenditure in September, 2008 regarding timelines to be followed by Civil Ministries/departments for registration of new employees, upload of SCFs and remittance of the NPS contributions and the OM issued in July, 2011 on oversight and monitoring mechanism. He also touched upon the need of resolving pending grievances and withdrawals on priority by the nodal officers. He also highlighted the responsibility of nodal officers handling NPS and advised that they should be aware of the product & process in detail which shall reduce grievances. 

Chairman, PFRDA, Sh. Hemant Contractor, emphasized the fact that NPS, being a Contrbutory scheme, was different from the earlier pension system in the government, which was a formula based PAYG (Pay As You Go) scheme. In NPS, pension was dependent on various factors, such as period of stay in the scheme, contribution level, returns on investments etc. Govt. offices, subscribers and 
PFRDA all had to work in tandem to ensure that NPS works efficiently and pensions are served effectively. PFRDA devotes considerable endeavour in educating subscribers in handling their pension accounts, through a dedicated website, Pension Sanchay, trainings arranged etc. 

Ms. Soma Roy Burman, Additional Comptroller General of Accounts, Govt. of India in her address advised participating Central Ministries/Departments and CABs to monitor performance of the NPS implementation with respect to timely completion of NPS related activities so that fresh lodgement of grievances can be reduced. She also suggested for revisiting the role and responsibilities of various stake holders especially of FAs and NPS implementation Committee in current context of challenges in implementing NPS. 

Dr. Madanesh Mishra, Joint Secretary, Department of Financial Services stressed to all participants on the need of becoming sensitive and responsible towards employees currently covered under NPS in order to protect their interest, while monitoring various NPS related activities. He also stressed upon the role which can be played by the PrAOs, CCAs and FAs of the respective Ministries in 
streamlining NPS operations. 

Quite a few presentations were made by various stakeholders under NPS for the benefit of the participants. While presenting the Vote of Thanks Shri Ashish Kumar, GM mentioned that PFRDA is periodically holding Review meetings/ Video conferences also with the PrAOs and expects significant improvement from the present state of affairs. 

Place: New Delhi 
Date: 21.12.2017 


Source: http://www.pfrda.org.in

The Income Tax Appellate Tribunal (ITAT), Kolkata

The Income Tax Appellate Tribunal (ITAT), Kolkata bench on Wednesday held that cash transaction between close family members for giving a support and help wouldnot attract penalty under section 269SS of the Income Tax Act, 1961. The assessee, in the instant case, accepted a cash loan of Rs. 4,00,000/- from his son. Out of this, he repaid rs. 1,50,000/-. Assessee repaid the loan to his another son Sri Indranil Banik Mazumder at Rs. 2,25,098/- and also repaid the loan to his wife Smt. Sandhya banik Mazumder at Rs.54,928/. The Assessing Officer imposed the penalty under sections 271D and 271E of the Income Tax Act, 1961 on the assessee by observing that the assessee has accepted the loan in cash and paid the loan in cash.
On the second appeal by the assessee, the bench observed that all these transactions are between husband and wife, and between father and son, being a close relative of one family. The bench also notes that assessee is a salaried employee and not a businessman. “Therefore, based on the facts narrated above, these transactions do not fall within the ambit of sections 269SS and 269T of the Act and for that, we rely on the judgment of coordinate Bench in the case of Anant Himatsingka and Manisha Prakash Amin (supra).To support the family members, the money has been given by the assessee to his son/wife. This is simply a transfer of money from one family member to another family member to support day to day expenses, educational expenses and other family expenses. Going through the facts of case before us, we are of the view that the transaction between son and father and wife and husband, for giving a support and help, in law, is not a loan or deposit in stricter sense of section 269SS of the Act and it is only a financial support, therefore, penalty imposed by the Assessing Officer and confirmed by the ld CIT(A) needs to be deleted, and accordingly we quash both the penalty orders, i.e, under section 269SS and 269T of the Income Tax Act.”
Source .taxscan.
The Karnataka High Court, last week held that a wife cannot plead ignorance about a huge cash flow in the bank account of her husband. The assessee, T. V Satyanarayana, a First Division Clerk of the City Civil Court, Bangalore, received a large sum of Rs.95.83 lakh in his Bank Account. Suspecting the transaction, the assessing Officer sent a notice to the assessee asking him to explain the source of the money. Unfortunately, the assessee expired before receiving the notice. On receipt of the same, the wife of the assessee responded that she was not aware of the tax matters and the details of the bank accounts of her husband. However, the objections were overruled by the department and passed an order demanding tax.
The petitioner approached the High Court through a writ petition and submitted that in the absence of any separate Notice issued in the name of the petitioner-wife, Smt. S. Savithri, she is not accountable or answerable to furnish the said information as required under Section 133 (6) of the Act. After hearing the rival contentions, Justice Vineeth Kothari found that the petition was misconceived and cannot be entertained. “The Notice even if deceased, the Legal Representatives or the persons who inherit the estate of the deceased persons will have to comply with the said Notice for furnishing the requisite information. The very purpose of the provisions of Section 133 (6) of the Act is to elicit the requisite information and details from the person concerned.” “There is nothing on record to show that the fact of death was within the knowledge of the Respondent-Income Tax Officer and he still issued the Notice to a deceased person. The Legal Representatives including the petitioner, wife of late Mr.T.V. Sathyanarayana before this Court cannot protest or deny the obligation to furnish such information including the Bank details and relevant vouchers to be obtained from the concerned Bank of the husband of the present petitioner. After all, the wife of a person cannot plead ignorance about a huge cash inflow in her husband’s bank account,” the Judge added.
Source taxscan.

Financial planning for the amounts received at retirement - Pre-Retirement Counseling

Ministry of Personnel, Public Grievances & Pensions
MoS (Personnel) Dr. Jitendra Singh addresses Pre-Retirement Counselling Workshop “Sankalp’
Retiring employees should carry forward the Government’s flagship programmes – says Dr. Jitendra Singh
The Union Minister of State (Independent Charge) of the Ministry of Development of North Eastern Region (DoNER), MoS PMO, Personnel, Public Grievances & Pensions, Atomic Energy and Space, Dr Jitendra Singh has said that the services of superannuating and retired employees should be gainfully utilized to carry forward the flagship programmes of the Union Government led by the Prime Minister Shri Narendra Modi.
Addressing the Pre-Retirement Counseling (PRC) Workshop ‘Sankalp’ for the retiring employees of Ministries/Departments, organised by the Department of Pensions & Pensioners' Welfare (DOP&PW) here today, Dr. Jitendra Singh said that the superannuating employees can be inducted into advisory bodies of their respective offices and also to dispose of grievances. Due to increasing life expectancy, an active life lies ahead of an employee at sixty years of age and the individual is at his prime capacity and energetic. Retirement should rather be viewed as the beginning of a new innings, he said. Such interactive workshops should come out with ideas on how best the services of retired employees can be utilized, he added.
Dr Jitendra Singh said for the first time this Government has cared for Pensioners as much as for the working employees. Minimum pension has been raised to Rs.1,000, Jeevan Pramaan biometrics introduced for submitting digital Life Certificate, more than 1,500 obsolete rules scrapped and the Anubhav platform introduced for the first time for retiring employees to share their experience.
In his address, Shri KV Eapen, Secretary, DOP&PW and Secretary, Department of Administrative Reforms & Public Grievances (DARPG), said the DOP&PW has so far registered more than 2,000 pensioners and conducted Pre-Retirement Counselling for more than 3,300 employees under the Sankalp project. The Department has registered 19 Pensioners' Associations and 16 NGOs to involve Central Government Pensioners in social activities.
The PRC workshops target retiring personnel two to two-and-a-half years before the retirement date. Topics covered are (i) Formalities to be covered for timely payment of retirement dues (ii) Financial planning for the amounts received at retirement (iii) Preparation of Will (iv) CGHS facilities after retirement and (v) Post-retirement opportunities through Sankalp.
The “Sankalp’ programme has been initiated by the Department towards this end and a web portal of the same name has also been launched. Pensioners, Pensioner Associations and NGOs can register on the website http//www.pensionersportal.gov.in/sankalp.
There are approximately 40,000 fresh retirees every year from the Central Government Civil establishments alone. This number could be close to 1,00,000 including defense, railways, posts and telecom. In addition there is a pool of around 50 lakh existing pensioners.

Empanelment of Pradhama Multispecialty Hospital & Research Institute Limited under CGHS Visakhapatnam


Government of India
Ministry of Health and Family Welfare
Directorate General of CGHS
O/o The Additional Director, CGHS
Begumpet, Hyderabad-500 016.

No. CGHS/Hyd/Emp.HCO/VSKP/2017/10130-139

Dated 28th December 2017

OFFICE ORDER 

Sub:- Empanelment of HCOs to CGHS wellness centre Visakhapatnam (under the administrative control of the Additional Director, CGHS, Hyderabad) 

Ref:- 1) Ministry’s Letter No.5.11045/36/2012/CGHS/HEC dated 10th December 2014
2) Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 16th October 2015 allowing the benefit of continuous empanelment scheme to NABH/NABL accredited Health Care Organization / Diagnostic centre and the notification issued by this office,
3) e-mail dated 5-4-2017 received from the Addl. Dy. Director General (HQ), CGHS, New Delhi
4) e-mail dated 5-4-2017 received from Dr. S. Manoj Jain, Sr.CMO(HEC), CGHS, New Delhi
5) Ministry’s OM. No.5.11011/28/2017-CGHS(HEC) dated 16th May 2017
<>

With reference to the Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 10th December 2014, Ministry’s letter No.5.11045/36/2012/CGHS/HEC dated 16th October 2015, e-mail dated 5-4-2017 received from the Addl. Deputy Director General (HQ), Dte. CGHS, New Delhi & e.mail dated 5-4-2017 received from Dr.S.Manoj Jain, Sr.CMO(HEC), CGHS, New Delhi, Ministry's OM No.S.11011/28/2017-CGHS(HEC) dated 16th May 2017, the following hospitals are empanelled w.e.f. 27th December 2017 as interim measure till further orders. 

S.No.Name of the HCOEmpanelled for
01PRADHAMA MULTISPECIALITY HOSPITALS & RESEARCH INSTITUTE LIMITED (NON-NABH) D.No.1-1-83, Venkojipalem, 
Visakhapatnam - 530 017 
Tel.No.0891-2712626, e-mail : pradhamahospital[at]gmail.com 
pradhamahospitaltpa[at]gmail.com 
Mobile No.9133444523/9133444524 
empanelled w.e.f. 27th December 2017 as interim 
measure till further orders
All the facilities available in the hospital


Dr.G.Vijaya Bhaskar, MD
Additional Director
CGHS, Hyderabad