Sunday, November 30, 2014

Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

No. 11013/2/2014 Estt (A.III)
Government of india
Ministry of Personnel, Public Grievances and Pensions
(Department of Personnel and Training)
North Block, New Delhi,
Dated the 27th November 2014


Subject: Alignment of Service Rules with the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013.

The undersigned is directed to say that the ‘Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act. 2013’ {SHWW (PPR) Act} has been promulgated on 22nd April 2013. Further to the Act, the ‘Sexual Harassment of Women at Workplace (Prevention. Prohibition and Redressal) Rules, 2013‘ were notified on 9.12.2013. The Act and the Rules framed thereunder provide a redressal mechanism for handling cases of sexual harassment at workplace. The Act and Rules are available at the website of the Ministry of Women and Child Development ( under Legislation/Acts.

2. The CCS (Conduct) Rules, 1964 and CCS (CCA) Rules,1965 have been amended vide Notifications of even number published as G.S.R. 823(E2 and G.S.R.822(E) in the Gazette of India - Extraordinary dated 19-11-2014. These are available on this Department’s website

3. So far as Central Government employees are concerned, provisions already exist in the CCS (Conduct) Rules 1964 defining sexual harassment. Further, the proviso to Rule 14(2) of the 008 (CCA) Rules 1965 provides that the complaints committee established in each Ministry or Department or office enquiring into such complaints shall be deemed to be the inquiring authority appointed by the disciplinary authority and the committee shall hold the inquiry so far as practicable in accordance with the procedure laid down in those rules. Similar provisions exist in the relevant service rules of the Central Government servants not governed by CCS (Conduct) Rules / CCS (CCA) Rules.

4. Sexual harassment as defined rule 3-0 of Co8 (Conduct) Rules,1964 in has been amended vide Notification of even number dated 19-11-2014 (copy enclosed). The amended rule is as follows:

"Rule 3C - Prohibition of sexual harassment of working women (1) No Government servant shall indulge in any act of sexual harassment of any woman at any work place.

(2) Every Government servant who is incharge of a work place shall take appropriate steps to prevent sexual harassment to any woman at such work place.

Explanation- 1 For the purpose of this rule,
(a) "sexual harassment" includes any one or more of the following acts or behaviour, (whether directly or by implication), namely:-
(i) physical contact and advances; or
(ii) demand or request for sexual favours; or
(iii)sexually coloured remarks; or
(iv)showing any pornography; or
(v) any other unwelcome physical, verbal, non-verbal conduct of a sexual nature.

(b) The following circumstances. among other circumstances. if it occurs or is present in relation to or connected with any act or behaviour of sexual harassment may amount to sexual harassment
(i) implied or explicit promise of preferential treatment in employment; or
(ii) implied or explicit threat of detrimental treatment in employment ; or
(iii) implied or explicit threat about her present or future employment status; or
(iv) interference with her work or creating an intimidating or offensive or
hostile work environment for her; or
(v) humiliating treatment likely to affect her health or safety.

(c) "workplace" includes,
(i) any department, organisation, undertaking. establishment, enterprise, institution, office, branch or unit which is established, owned, controlled or wholly or substantially financed by funds provided directly or indirectly by the Central Government;
(ii) hospitals or nursing homes;
(iii) any sports institute, stadium, sports complex or competition or games venue, whether residential or not used for training. sports or other activities relating thereto;
(iv) any place visited by the employee arising out of or during the course of employment including transportation provided by the employer for undertaking such journey;
(v) a dwelling place or a house."

5. All Ministries/Departments are advised that the following procedure may be adopted while dealing with complaints of sexual harassment:-

(i) Sexual harassment will include any one or more of the Acts or behaviour defined in Rule 3-C of the 003 (Conduct) Rules 1964 read with See 3(2) of SHWW (PPR) Act.
(ii) The Committee constituted in each Mlnistry/ Department/ office under the CCS (Conduct) Rules, 1964 shall inquire into complaints of sexual harassment in accordance with the provisions of Section 4 of the SHWW(PPR) Act.
(iii) The Committee will as far as practicable follow the procedures prescribed in CCS (CCA) Rules 1965 for conduct of the inquiry.
(iv) If any complaint is received directly by the committee, the same shall be referred to the appropriate disciplinary authority and the Committee shall inquire into the complaint on the complaint being referred to it by the disciplinary authority.

6. In addition, the Committee will have the powers to recommend to the employer:-

a) to transfer the aggrieved woman or the charged officer to any other workplace; or

b) to grant leave to the aggrieved woman up to a period of three months. (The leave granted to the aggrieved woman under this section shall be in addition to the leave she would be otherwise entitled to.)

c) to grant such other relief to the aggrieved woman as may be prescribed; or

d) to deduct from the salary or wages of the charged officer such sum as it may consider appropriate to be paid to the aggrieved woman or to her legal heirs.  Any amount outstanding at the time of cessation of the services of the charged officer due to retirement, death or otherwise may be recovered from the terminal benefits payable to the officer or his heirs. Such compensation will not amount to penalty under Rule 11 of 008 (CCA) Rules in terms of the Explanation (ix) to Rule 11 inserted vide Notification of even Number dated 19-11-2014.

7. it may also be noted that the Committee may recommend action to be taken against the person who has made a complaint, if the Committee arrives at the conclusion that the allegation is malicious or the aggrieved woman or the person making the complaint has made the complaint knowing it to be false or has produced any forged or misleading document. The Committee may also recommend action against any witness if it comes to the conclusion that such witness has given false evidence or produced any forged or misleading document.

8. Attention is also invited to the following provisions of SHWW (PPR) Act:
Sec 16 & 17 : Prohibition of publication or making known contents of complaint, inquiry proceedings and recommendations of the Committee.
Sec 19 : Duties of employer. This may be read with provisions of Rule 3(C) (2) of 008 (Conduct) Rules.
Sec 21, 22 of SHWW(PPR) Act and Rule 14 of the SHWW (PPR) Rules Annual Reports

9. All the Ministries/Departments are requested to bring the contents of this OM to the notice of all officers and staff working under them. The Ministries/ Departments are also requested to advise the PSEs/ Autonomous Bodies under their administrative control to align their service rules with the SHVWV (PPR) Act/ Rules.

(Mamta Kundra)
Joint Secretary to the Government of India


Saturday, November 29, 2014


Pre-implementation activities towards preparedness

of Branch Post Office for Rural ICT implementation:-

 I.        The BO should have table to place the Handheld Device and for charging the device.

 II.        The electrical power connection is required to charge the Solar UPS wherever power is available. In the locations where electrical power is not available, the UPS will be charged from Solar Panel.

  III.        The locations where electrical power connection is there, it should have proper earthing and with one or two plug points along with on/off switch.

   IV.        The above site preparation is to be done before the roll out starts for the particular Division.

    V.        The data on BO such as the name of the BPMcontact detailsaddress of the BO with land marks etc. may be updated and kept ready.

   VI.        The availability of the network connectivity (Vodafone/ BSNL / Airtel etc.)at the BO location may also accessed and the best signal available in the BO may be identified and kept in order to facilitate the Vendor with details to drive best out of the project. If the network signal is not available, we have to identify as Off-line BO.

 VII.        Similarly identification of the BOs where the solar UPS is not required due to installation problems of the solar panel or good power availability for more than 6 hours daily, has to be also done.  

To view the format for collection of desired information in respect of Branch Post Offices please Click Here.

The complete information in respect of all BOs is to be uploaded to the specific webpage domain name (to be circulated shortly) on the India Post website by 30-12-2014.

Source : Department of Posts (RB Division) Letter No.01-07/2014-RB dated 27-11-2014. 

Haryana Govt’s Decision To Lower Retirement Age Challenged In High Court - NEWS

Chandigarh: The Haryana Government’s decision to lower retirement age of its employees to 58 from 60 years has been challenged on Thursday in the High Court, with the petitioners seeking the immediate quashing of Manohar Lal Khattar’s government decision.

A petition was filed by Deputy Secretary to Haryana government, Baljeet Kaur and other State government employees. The petitioners requested the High court to put stay on the decision and to direct Haryana government not to order to retire the employees on November 30, the cut-off date for implementation of Khattar’s government decision.

The High Court likely to hear the case today without waiting government response, as 5,000 Haryana government employees would retire on a single day, November 30 according to the government order.

The logic of the Haryana Government that retirement at 58 years will provide more job avenues to the young has not gone down well with the state employees.

The figure for this month is much higher as all those who didn’t not retire after August with the change in retirement age would retire together, as the BJP government reversing the Bhupinder Singh Hooda-led government’s decision of raising the retirement age of government staff from 58 years to 60 years.

Even those in the Central service in Haryana retire at 60. Political parties and employees’ unions are up in arms against the “anti-people” decision of the government which is set to adversely affect over 40,000 employees in the next two years.

“Its not logical to snatch this facility from Haryana employees when central government and other BJP-ruled states like Rajasthan and Madhya Pradesh and neighbouring Punjab are retiring its employees at the age of 60,” said Subhash Lamba, general secretary of the Sarv Karamchari Sangh.

Haryana Principal Secretary (Finance) P K Das said that around 4% employees of the around 3.75 lakh employees of state government, boards and corporations, retire every year. As per estimates, the government would have to bear the financial burden of around Rs 75 crore immediately in the form of retirement benefits of these 5,000 employees.

New RBI guidelines: India Post’s long wait to become a bank may be finally over - NEWS

The final guidelines on differentiated banks, spelled out by the Reserve Bank of India (RBI) on Thursday, has paved the way for India’s postal department to fulfill its long-cherished dream of wearing the hat of a banker.
India Post is now likely to apply to become a small finance bank, according to a senior department official.
‘Certainly, it (the guidelines for small and payments banks), looks interesting,” the official told FirstBiz on condition of anonymity. The department will conduct a feasibility study and will take a final call on the matter, the official said.
On Thursday evening, the RBI announced the final rules for payments banks and small banks. Payments banks can engage in accepting small deposits, offer ATM/debit cards, payments and remittance services through various channels and offer financial products like mutual fund units and insurance products.
Small finance banks, on the other hand, are almost like full service commercial banks. But, these banks cannot engage in large value transactions since 75 percent of their loans must be lent to the so-called priority sector. For existing banks, this requirement is 40 percent. Also, at least 50 percent of their loan portfolio should constitute loans and advances of up to Rs 25 lakh.
What is means is majority of the loans of smaller banks must be lent to agriculture, micro-credit and other weaker sections.
But small banks have plenty of headroom to actively compete in the home loan and SME loan segments with other banks, even within this limit.
A small bank permit makes more sense to India Post than becoming a payments bank since the department has long cherished the dream of a lender.
The Postal department, which was among the 25 contenders for a full service banking licence last year, didn’t manage to get into the final list since the UPA-government wasn’t keen to support the move and refused to provide the department with the minimum capital required to set up a commercial bank.
But the government is unlikely to deny the chance to India Post this time since small finance banks will not deal in large value credit transactions.
Since the new set of banks will primarily operate among the unbanked and weaker sections, risks arising out of large-value corporate loans are limited.
Also, capital is unlikely to become a problem since under the new guidelines, both small banks and payments banks need an entry capital of Rs 100 crore, as against Rs 500 crore needed for full service banks.
According to the RBI guidelines, small finance banks can gradually grow to a full service commercial bank if the apex bank finds merit in the proposal.
Big boost to financial inclusion
India Post has all along argued that the department’s entry to banking can contribute massively to the cause of financial inclusion, or the process of spreading banking services to the unbanked population of the country, using its vast network of 1,55,000 post offices.
Of its total network, about 1,39,040 are in rural areas. Going by a 2011 estimate of the postal department, about 6,000 people are covered on average by post-offices in rural areas and about 24,000 in urban areas.

Through its various saving schemes, Postal department handles deposits to the tune of Rs 6,00,000 crore.

As First Biz noted earlier, India Post’s entry into banking can be game changer in rural banking given the massive reach of Post in the far-flung areas of the country and local knowledge.

The department has already commenced the process to link all its branches through technology, besides setting up ATMs across the country.

Last year, while issuing licenses to IDFC and Bandhan, the RBI had observed that India Post can be given banking licence if government, technically the promoter of the proposed Post bank, gives its nod

Merger of ASP cadre in to PS Gr. B cadre.....updates!!!

Today, meeting regarding merger of ASP cadre into PS Group B cadre was held in the chamber of DDG (Estt). Following were present.
1.     Smt. Trishaljit Sethi, DDG (Estt)

2.     Shri Harinder Singh Director (Estt)

3.     Shri Tarun Mittal, ADG (PE-1)

4.     Shri Vilas Ingale, General Secretary

5.     Shri Roop Chand, Ex General Secretary

6.     Shri Santosh Kulkarni, Ex CHQ Treasurer

7.     Shri Yadagiri G. Nyalapelli, CHQ Treasurer

8.     Shri P. Ajith Kumar, Asstt. General Secretary-I

9.     Shri Parmanand Kumar, ASP (PMU), Directorate

DDG (Estt) welcomed the representatives of the Association and requested for healthy and fruitful discussion to resolve this vital and long pending issue. The proposal submitted by the Association on 20/11/2013 was discussed in detail. Official side expressed their difficulties in implementing the proposal in toto. It was stated by the official side that there are 2106 posts of Inspector Posts and 1990 posts of ASP in the Department. During the course of discussion, it was proposed to upgrade few posts of ASP in Divisional Office into PS Group B cadre in Group A Postal / RMS divisions, CO/RO etc. as well as to retain the Gazetted status of remaining ASPs in their personal capacity till their retirement / promotion in case of merger of IP cadre and ASP cadre into a single cadre. Inspector, Posts will get Grade Pay of Rs. 4600/- after merger at par with Inspectors in CBDT/CBEC as per our demand. Meeting was held in a cordial atmosphere.

In view of the discussions held in the meeting, official side desired a fresh proposal from the Association. The same will be submitted very soon.

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Central govt employees to file assets details by December 31

All central government employees have to file the details of their assets and liabilities along with that of their spouses and dependent children as mandated under the Lokpal Act by December 31, the Lok Sabha was informed on Wednesday.

All Group A, B and C employees are supposed to file a declaration under the new rules. There are about 26 lakh employees in these three categories, as per latest government data.

The Personnel Ministry has also issued new forms for filing these returns which have fields for mentioning details of cash in hand, bank deposits, investment in bonds, debentures, shares and units in companies or mutual funds, insurance policies, provident fund, personal loans and advance given to any person or entity, among others.

The employees need to declare motor vehicles, aircraft, yachts or ships, gold and silver jewellery and bullion possessed by them, their spouses and dependent children.