Recommendations of 7th CPC on Railways specific subjects

Recommendations of 7th CPC on Railways specific subjects – consideration – NFIR

No. IV/NFIR/7 CPC (Imp)/R.B./2016/Part I

Dated: 10/07/2017

The Secretary (E),
Railway Board,
New Delhi

Dear Sir,

Sub: Recommendations of 7th CPC on Railways specific subjects – consideration – reg.

The 7th CPC vide its report have made certain recommendations on railways specific subjects to facilitate the Govemment/Administrative Ministry to consider and take decisions. The Federation places below in brief the railways specific recommendations and NFIR’s proposal in the last column.

NFIR, requests the Railway Board to hold separate meeting with the Federations for discussing the above recommendations and Federation’s proposals for early finalization.

S.No.	Para no. of 7th CPC report	Vllth CPC Recommendation in brief	NFIR’s proposal
1	7.7.18 To 7.7.22	Electronic Data Processing Staff (EDP Staff):- In Para 7.7.21 & 22, the Commission has observed that EDP Staff are spread across several ministries. The Commission has recommended that the DoP&T to revisit its instructions and draw a structure which is in line with the current technology.	IT Cadre was formed in the Railways in consultation with the Federations in the year 2015/2016. Further steps need to be taken to improve cadre structure, facilitating career growth and enhancing efficiency levels.
2	7.7.25 To 7.7.31	Laboratory Staff :- To bring uniformity in the entry level qualifications, nomenclatures and pay scales due to similar job content and responsibility, the Commission recommends that administrative ministries take appropriate steps for aligning the laboratory staff under respective jurisdiction on the lines reflected in the table in para 7.7.29, 7.7.30 & 7.7.31.	In the light of restructured cadre finalized by Ministry of Health & Family Welfare, the Railway Ministry should initiate steps in accordance with the Table vide para 7.7.29 of VII CPC report
3	7.7.45	Dieticians in Railways:- Recommendations have been made for granting GP 4600/- at entry level in Railways with avenue of promotion as Assistant Dietetic Officer (GP 4800) and GP 5400 (PB-2) in Railways.	The VII CPC recommendation may be implemented w.e.f. January 1, 2016
4	7.7.52	Perfusionists:– Vide 7th CPC report – para 7.7.52, the Perfusionists has been recommended GP 4200/- at entry level.	The recommendation may be implemented in Railways w.e.f. January 1, 2016.
5	7.7.55	Dental Hygienists:- Vide Para 7.7.55 of 7th CPC report, GP 4200/- has been recommended for Dental Hygienists in CGHS.	The recommendation may be implemented in Railways w.e.f. 01/01/2016 with adequate channel of promotion.
6	7.7.66	Rajbhasha Staff in Railways:– It has been stated that in Para 11.40.147 that this category in railways has been discussed in Chapter 7.7 (Para No. 7.7.66). However in this para, (i.e. 11.40.147), the category of Translators-cum- Interpreters has been mentioned for whom pay structure has been recommended vide Para 7.7.70.	The structure being provided in other ministries be taken into consideration for reviewing the structure in railways.
7	7.7.75	Statistical Cadre in Railways:- The Commission has recommended to streamline the Statistical Cadre existing in various Departments of the Central Government. For the purpose, it has been recommended to formulate unified model Recruitment Rules layi ng down educational qualification, job contents and pay structure to maintain uniformity and remove avoidable anomalies in Pay Structure in the similar/identical/statistical cadre posts in various Departments.	7th CPC recommendations should be implemented.
8	11.40.75	Legal Cadre:- The Commission while appreciating the need to strengthen the Legal Cadre in view of the increasing trend of litigation has left for the Railway Ministry for making changes in the cadre structure to meet with the objective.	Railway Ministry may review for making changes in the cadre structure in consultation with the Federation.
9	11.40.78	Public Prosecutors:- Establishment of separate Prosecution Department at Divisional and Zonal levels have been taken up at Railway Ministry’s level and modalities are under finalization in consultation with DoP&T and Ministry of Finance.	Railway Ministry to share the proposal with the Federations.
10	11.40.82                                        & 11.40.83	Accounts:- Stepping up of pay of senior employee vis-a-vis the junior granted in cases where the senior employee has cleared both Appendix-II A & III A Examinations before the junior and purely through circumstances the junior is drawing higher Grade Pay. Employees in GP 4800/- should be upgraded on completion of 4 years service to the existing GP 5400/- (PB-2) i.e. Level 9 in Pay Matrix on non¬functional basis.	7th CPC recommendations should be implemented with retrospective effect as agreed to in the NFIR/PNM meeting.
11	11.40.89	Finger Print Examiner:- The cadre of Finger Print Examiners be merged with the Accounts cadre after requisite training and following the due process of assigning seniority.	NFIR requests to share Railway Ministry’s proposal.
12	11.40.103	Public Relations:- With the proliferation of media in the country and the challenges being faced by the PR Organization, there is need to recognize the Organization where Photographers play key role. The Commission recommended for an independent cadre, best decided by the concerned Ministry and the modalities to be worked out by the Railway Ministry.	Formal proposal may be sent to NFIR for views.
13	11.40.149	Stenographers in Railways:- Against Para 11.40.149, the Commission has stated that the category has been discussed in Chapter 7.1. The cadre structure mentioned by 7th CPC in Para 7.1.5 has been existing in CSSS/AFHQSS and no separate cadre structure has been indicated for Stenographers in Indian Railways. In order to ensure parity between the Stenographers of CSSS/RBSSS with the Stenographers in Zonal Railways/PUs, it is incumbent on the part of Railway Ministry to implement similar pay structure on Indian Railways/PUs duly modifying recruitment rules.	Stenographers cadre in Railways should be granted parity with those of CSSS.
14	11.62.14 & 15	Accounts Staff in Railways:- The Commission has recommended that Accounts Staff on Indian Railways should be treated as organized similar to Audit & Accounts.	Railway Board may issue orders granting entry grade pay 4200/level 6 for JAAs with AA in GP 4800/level 8 and SSO/STIA/ISA in GP 5400.

Yours faithfully,

sd/-

(Dr. M. Raghavaiah) 

General Secretary

Source : NFIR

Payment of Over Time Allowance on the basis of emoluments of 7th CPC Pay Matrix levels to the staff in Railways with effect from January 1, 2016

Payment of Over Time Allowance on the basis of emoluments of 7th CPC Pay Matrix levels to the staff in Railways with effect from January 1, 2016

No. I/8/Part II

The Secretary (E),

Railway Board, New Delhi

Dated: 12/07/2017

Dear Sir,

Sub: Payment of Over Time Allowance on the basis of emoluments of 7th CPC Pay Matrix levels to the staff in Railways with effect from January 1, 2016-reg.

Ref: Railway Board’s letter No. PC-V/2008/A/0/3 (OTA) dated 17/02/2010 (RBE No 29/2010) and 20/05/2011 (RBE No. 72/2011).

Representations have since been received that payment of Over Time Allowance has been denied on certain Zonal Railways (more particularly on North Eastern Railway) due to some confusion with regard to calculation of emoluments in the wake of implementation of 7th CPC Pay Matrix Levels w.e.f. 01/01/2016.

In the above context, NFIR conveys to the Railway Board that Over Time Allowance is a wage which should be paid by employer when employee is made to perform extra hours of duty in terms of statutory provisions. NFIR also invites Railway Board’s attention to its instructions vide RBE No. 29/2010 and 72/2011 dated 17/10/2010 and 20/05/2011 respectively.

NFIR also conveys that the Ministry of Finance vide notification dated 06th July 2017 (Page No. 39 – S.No. 125) has stated that “Ministries/Departments to prepare a list of those staff coming in the category of Operational Staff . Rates of Over Time Allowance not to be revised upward”.

So far as Railways is concerned, its employees are governed by the HOER, Factories Act, while certain categories of employees are governed by rules under Departmental overtime. These employees are entitled for payment of overtime allowance with effect from 01/01/2016 on the basis of emoluments drawn by them in the pay levels of VII CPC. NFIR also invites the attention of Railway Board to the DC/JCM Item No. 24/2010 and decision thereon vide PC-V/2008/A/0/3 (OTA) dated 20/05/2011.

It is reported that on North Eastern Railway, payment of Over Time Allowance has been denied to the A/C Escorting Staff since the last several months resulting resentment among staff. The denial of OTA payment by North Eastern Railway is a blatant violation of statutory provisions.

NFIR, therefore, urges upon the Railway Board to kindly issue instmctionson the General Managers etc., to ensure payment of OTA to the staff on the basis of 7th CPC emoluments with effect from January 1, 2016. NFIR also requests to issue instructions to GM, N.E. Railway to arrange payment of OTA to the A/C Escorting Staff immediately.

Federation may kindly be apprised at the earliest of action taken on the subject matter.

Yours faithfully,

Sd/-

(Dr. M. Raghavaiah) 

General Secretary

Source: NFIR

Policy on ‘Drunkenness on Duty.’ – NFIR

Policy on ‘Drunkenness on Duty.’ – NFIR

No. IV/Safety/A

Dated: 12th July 2017

The Secretary (E),
Railway Board,
New Delhi.

Dear Sir,

Sub: Policy on ‘Drunkenness on Duty.’

Ref: (i) Railway Board’s letter No. 2009/Safety(DM)/6/12/Committee dated 20/052014 addressed to the Federation.

(ii) NFIR’s letter No. IV/Safety/A dated 09/06/2014 to Railway Board.

Responding to the proposal received from Railway Board vide letter dated 20/05/2015, detailed comments were furnished by the Federation vide its letter dated 09/06/2014 to facilitate the Railway Board to hold discussions while framing policy on the subject. Federation is however disappointed to note that though a period of nearly three years passed, no discussions have been held to decide policy for issuing instructions to the Zonal Railways.

2.Reports received by the Federation reveal that the Zonal Railways have resorted to arbitrary decisions ignoring extant instructions of Railway Board as listed below:-

(i)            whenever LP/ALP/LP (Shunting)/Guard fails the breathalyzer test, they are not booked for a train, though they pass in the 2nd breathalyzer test,

(ii)           Such of these staff are marked in “Non Run” casualty in CMS under option “Inquiry.” After inquiry, as per the instructions of Power Officer/Traffic (Optg) • Officer (in case of Guard) they are to be booked on line and

(iii)          in case LP/ALP/LP (Shunting)/Guard fail in 2nd test also, D&AR action being initiated.

3.Complaints received from the Running staff reveal that the Breathalyzers used for conducting test in the Divisions are quite old and not working properly, consequently do not give correct results. Also 2nd Breathalyzer test is not conducted on the staff which results into wrong assessment and unjustified disciplinary proceedings and imposition of penalties on the staff though they deserved to be let off.

4.On S.C. Rly, during sign “ON”, if staff found positive on 1st BA test, he is being allowed for second BA test on spare Breathalyzer and when found negative, he is not being allowed to work train. These instructions are nowhere available but being followed on S.C. Rly.

5.The Railway Board is silent (RB letter Dt.27.11.2001) on vital issues that, if staff found positive, whether he should be checked on spare BA equipment or not? and on second check, if found negative whether he shall be allowed to work train or not ?. Since Railway Board’s guidelines are not specific, the Zonal Railways are following their own practices during BA test and resorting action under D&A rules on running staff.

Federation has also come to know that the Railway Board vide letter No. 2009/Safety (DM)/6/12/Committee dated 18/04/017 have clarified to the South Central Railway that the policy on ‘Drunkenness on Duty’ issued vide Board’s letter dated 27/11/2001 is applicable at present. Federation brings to Board’s notice that these policy instructions are not being adhered to, by the Zonal Railways (as mentioned in para 2 above).

6.Federation also states that the instructions on the subject provide for “State of Art Breathalyzer equipment capable of giving exact level of Alcohol content in the blood including print outs to be introduced. These breathalyzers should necessarily have the memory function so that in case of suspect a print out can be taken.” Unfortunately, these instructions are not being followed on Zonal Railways, consequently Running staff are being victimized un-necessarily.

7.NFIR, therefore, requests the Railway Board to kindly intervene and issue suitable clarification to the Zonal Railways to save staff from hardships. A copy of the instructions issued may be endorsed to the Federation. Federation also requests the Board to kindly reply indicating the action on Federation’s letter dated 09/06/2014.

Yours faithfully,

Sd/-

(Dr. M. Raghavaiah)

General Secretary

Source : NFIR

Gifts up to a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST

Gifts up to a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST

Press Information Bureau 

Government of India

Ministry of Finance

10-July-2017 17:09 IST

Gifts up to a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST. However, gifts of value more than Rs 50,000/- made without consideration are subject to GST, when made in the course or furtherance of business.

It is being reported that gifts and perquisites supplied by companies to their employees will be taxed under GST. Gifts upto a value of Rs 50,000/- per year by an employer to his employee are outside the ambit of GST. However, gifts of value more than Rs 50,000/- made without consideration are subject to GST, when made in the course or furtherance of business.

The question arises as to what constitutes a gift. Gift has not been defined in the GST law. In common parlance, gift is made without consideration, is voluntary in nature and is made occasionally. It cannot be demanded as a matter of right by the employee and the employee cannot move a court of law for obtaining a gift.

Another issue is the taxation of perquisites. It is pertinent to point out here that the services by an employee to the employer in the course of or in relation to his employment is outside the scope of GST (neither supply of goods or supply of services). It follows therefrom that supply by the employer to the employee in terms of contractual agreement entered into between the employer and the employee, will not be subjected to GST. Further, the Input Tax Credit (ITC) Scheme under GST does not allow ITC of membership of a club, health and fitness centre [section 17 (5) (b) (ii)]. It follows, therefore, that if such services are provided free of charge to all the employees by the employer then the same will not be subjected to GST, provided appropriate GST was paid when procured by the employer. The same would hold true for free housing to the employees, when the same is provided in terms of the contract between the employer and employee and is part and parcel of the cost-to-company (C2C).

After 7th Pay Commission, Minimum Wage Revision To Be Made Compulsory

After 7th Pay Commission, minimum wage revision to be made compulsory

Following the Cabinet approval of the 7th Pay Commission, the government is likely to take another important step. A new code that would make minimum wages compulsory is the next step that the Narendra Modi government would take for the central government employees. The decision is being taken to ensure that the centre can fix a national minimum wage.

Before monsoon session

The new code would be placed before the monsoon session of parliament. Once it is approved in Parliament and both houses clear it, the same would come into force. All preparations are underway to table the code in the monsoon session of the House. However, it is not clear if the industrial relations code that seeks to ease the labour market will be tabled in the coming session, a Financial Express report stated. At present, minimum wages is applicable to 51 “scheduled employments”.

What is the code?

The new code would be a combination of four extant Acts.

These Acts are

Minimum Wages Act, 1948, The Payment of Wages Act, 1936, The Payment of Bonus Act, 1965, and the Equal Remuneration Act, 1976. The goal would be to reduce the big difference among minimum wages across different states.

Revision every two years

Brining in the Minimum Wage Act would empower the Union Government to fix a national minimum wage, below which no state can fix their wage. The amount would be revised every two years. However in a case where the DA is a part of the minimum wage, then the amount would subject to revision every five years.

No more pay commissions

The 7th Pay Commission is expected to be the last of the commissions. The government is putting in place a mechanism where the wage and allowance revisions for central government employees would be carried out periodically. As of now the indication is that the wage revision would take place once in two years.

Source: http://www.oneindia.com

Cabinet Approved for Doctors in Paramilitary Forces : Retirement Age Increase From 60 To 65

Retirement Age Increased from 60 to 65 : Cabinet Approved for Doctors in Paramilitary Forces

Union Cabinet has given its ex-post facto approval for enhancement of the age of superannuation for Medical Officers of Central Armed Police Forces and Assam Rifles increased form 60 to 65 years

Cabinet approves enhancement of the age of superannuation of Medical Officers of Central Armed Police Forces and Assam Rifles – PIB Report

The Union Cabinet chaired by the Prime Minister Shri Narendra Modi has given its ex-post facto approval for enhancement of the age of superannuation in respect of

(i) General Duty Medical Officers of Central Armed Police Forces and Assam Rifles from 60 to 65 years and

(ii) Specialist Medical Officers of Central Armed Police Forces and Assam Rifles of the Ministry of Home Affairs from 60 to 65 years.

It would help in retention of officers in Specialist and General Duty Medical Cadre and thereby help in better patient care, proper academic activities in Medical colleges as also in effective implementation of National Health Programmes for delivery of health care services.