DESW Order - Supreme Court Order In Respect Of Grant Of Special Pension

Supreme Court Order in respect of grant of Special Pension – DESW Order dt. 22.10.2018

DESW Order - Recognition Of Ex-Servicemen's Association

Recognition of Ex-Servicemen’s Association – DESW Orders

No. 28(86)2017/D (Res-I)

Government of India

Ministry of Defence

Department of Ex-servicemen Welfare

Sena Bhawan, New Delhi

Dated the 6th March, 2018.

To

Directorate General Resettlement

West Block IV, Wing 5,

R.K.Puram, New Delhi-110066.

Subject: Recognition of Ex-Servicemen’s Association

Sir,

I am directed to refer to this Ministry’s letter No. 9(37)92/US(WE)/D(Res) dated 31.1.1996, on the subject mentioned above and to revise the guidelines for formation and conduct of Ex-Servicemen Associations and their recognition. The Associations will be accorded recognition subject to their fulfillment of revised conditions as under:-

(a) The Associations should be registered under the Societies Registration Act, 1860. The state chapters of the said Ex-Servicemen Association too should be registered under the Societies Registration Act, 1860. The Association should have been formed with aims and objectives of promoting the common interest of Ex-Servicemen and should have well defined bye-laws and rules approved by the Registrar of the Societies under the Societies Registration Act, 1860

(b) The Associations should have a minimum membership of One Lakh. This membership, however, in case of associations exclusively of Naval Ex-Servicemen or exclusively of Air Force Ex-Servicemen should not have less than ten thousand members. War widows Associations and Disabled War Veterans Associations will be exempted from the criteria of minimum membership.

(c) The Associations formed shall be with the sole intent of projection of grievances/recommendations/problems of Ex-Servicemen and for their amelioration to the Government through its Offices. The Ex-Servicemen Associations will not imply any right to negotiate to the problems/grievances of the Ex-Servicemen.

(d) The Associations in no case should be formed on religious, social, linguistic, area and caste lines. They should be apolitical in nature with no affiliation or contiguity to any Political party or political Association. The Ex-Servicemen Associations shall not espouse any political or religious thoughts to its members or the society, nor should it be in possession of or maintaining any fund amassed through political or religious leaders.

(e) The membership should be comprised exclusively of ESM and they should not be involved in any type of criminal activity/proceedings in any Court of Law.

(f) No other source of fund is allowed to be collected by the Association except subscriptions.

(g) The Associations should not be associated with any Foreign Government or Company/conglomerate and any foreign Governments. Under no circumstances should the association accept any donations/pecuniary benefits from any foreign concern/entity.

(h) The Association shall in not way enter into any communication with any foreign entity. All such correspondences are to be exclusively channelized through the Government and the Government shall have the prerogative to withhold it, if it so deems necessary.

(i) The Acts, charter and conduct of the Ex-Servicemen Associations should not be for anti-Government activities or for acts prejudicial to national interest and security.

(j) The Association shall submit an undertaking affirming its faith in democratic principles and binding itself to resort only to the lawful activities for representing the Ex-Servicemen’s problems.

(k) The Association shall not raise issues in the interest of any caste, tribe or religious denomination.

(l) The Association shall not maintain any political fund or lend itself to the propagation of the view of any political party or a member of such party.

(m) The Association shall be composed of Ex-Servicemen, widows and their next of kin only.

(n) The Association should have a Pan India presence i.e., the Ex-Servicemen Association should be of all India Character and should have adequate number of branches at State and District level. Its Office bearers should be composed of a mix of personnel of all three servies and ranks. The Composite Associations representing Ex-Servicemen of the three services should have a balance of tri service representation and also balanced representation of all ranks i.e. Officers, JCOs and OR and equivalent rank of the Army, Navy and Air Force. The Associations shall submit duly verified list of its members and Office bearers once every year to Directorate General of Resettlement (DGR) after their Annual General Meeting.

(o) The Association shall have duly elected body of office bearers from amongst its members only, valid for a specified period.

(p) The Association shall have a Constitution/bye laws and its functioning should be strictly in accordance with the said charter of its adopted Constitution/bye laws.

(q) Any amendment in the constitution/bye laws of the Association, after its recognition under these rules, shall be made only with the prior approval of the Government, if the recognition is to be continued thereafter.

(r) The Association shall endeavour to hold at least one Annual Body Meeting every year, and the dates and schedule of which should be duly notified in advance to its members and its Office bearers with the proposed agenda points.

(s) The Association shall maintain only one bank account for its operations. The persons authorized to operate these bank accounts shall be selected in its annual general body meetings. Changes, if any, at any later date(s) shall be with consensus and by a majority selection.

(t) The Association shall have its accounts checked every year by a registered Chartered Accountant and copy of the audited accounts, as well as its annual report should be made available to DGR within thirty days of such check for information and scrutiny.

(u) The Association shall inform the Government of all accounts operated by it on all social media platform and only the authorized Office bearers of the association are permitted to post messages on such sites. No offensive posts are to be posted. The Office bearers are to familiarize themselves with Indian IT Act prior to operating any such account.

(v) The Association shall not publish any periodicals, journal, magazines, bulletins etc. without the prior consent of the Government. In no case writings of defamatory nature, vilifying any individuals, group of individuals, private sources and Government shall be permitted to be printed in such publishings. The publishings shall in no way disrupt any ties of the Government with any State Government/foreign concern/Government or any Government authority. The publishing shall also not be inimical to the Government or to the Society. The copies of all such periodicals, bulletins and magazines, journals (as the case may be) shall be supplied by the Association to the Department of ESW, DGR and KSB.

(w) The communication addressed by the Association or any office bearers on its behalf to the Government or Government authority shall not contain any disrespectful or improper language.

(x) In any communications addressed to the Government or in any panel on any national/regional television channels, it shall be ensured that the choice of language used is respectful and not defamatory of the Government or its agencies and such appearances should not be a tool to ignite passions for any particular agenda.

(y) The Association shall not indulge in any Commercial activity with the objective of generating any income/profits.

2. The Associations, including the existing ones, desirous of being considered for recognition may apply to the office of the DGR, West Block IV, Wing-5, R.K. Puram, New Delhi-110066 with documentary proofs in support of and fulfillment of the conditions of recognition as mentioned above along with Memorandum of Understanding, Constitution, Bye Laws, Names and address of Office bearers, membership, certificate of registration by the Registrar of Societies. Any false representations and/or any false documents/evidences submitted shall make the concerned association liable for permanent rejection and penal action.

3. Verification of the membership of the Association as Ex-Servicemen Association shall be carried out through the DGR.

4. The recognition will not entitle any Association or any person concerned with it to any financial or other assistance from the Government.

5. The recognition to the Association shall be subject to its adherence of its Constitution, Bye Laws and observance and fullfillment of the conditions and criteria as laid down in the guidelines.They are to be followed in letter and spirit and the said membership can be revoked by the Government if any of the associations fail to comply with the guidelines.

6. Only the authorized persons as detailed by the Ex-Servicemen Associations shall be permitted to deal with the Government and/or submit application/letters. The associations shall, however, see that causes of individual nature of Ex-Servicemen are not espoused/supported.

7. The Government may dispense with or relax the requirements of any of these rules to such extent and subject to such conditions as it may deem fit in regard to any Association.

Yours faithfully,

(Manmohan Pipil)

Deputy Secretary to the Government of India

Authority: desw.gov.in

MoD Orders - Amendments In Category ‘D’ Of Para 1 Clause (iii)

Amendments in category ‘D’ of Para 1 Clause (iii) of MoD Order

Amendments in category ‘D’ of Para 1 Clause (iii) of Ministry of Defence letter No. 2(1)/2011/D(Pen/Policy) dated 3rd February 2011

No.2(3)/2012/D(Pen/Policy)Vol.II

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi, 7th March, 2018

To

The Chief of the Army Staff

The Chief of the Naval Staff

The Chief ofthe Air Staff

Sub: Inclusion of accidental death/injury due to natural calamities while performing in operational duties/movements during deployment on Line of Actual Control (LAC) under Category D of Para 1 Clause (iii) of Ministry of Defence letter No.2(1)/2011/D(Pen/Policy) dated 3rd February 2011.

Sir,

The undersigned is directed to refer to this Ministry’s letter No.2(1)/2011/D(Pen/Policy) dated 03.02.2011 vide which it was inter-alia decided to cover three new circumstances under category D of Para 4.1 of this Ministry’s letter No. 1(2)/97/D(Pen-C) dated 31.01.2001.

2. Following amendments are carried out under category ‘D’ of Para 1 Clause (iii) of Ministry of Defence letter No. 2(1)/2011/D(Pen/Policy) dated 3rd February 2011 

For :- Accidental death/injury sustained due to natural calamities such as flood, avalanches, landslides, cyclone, fire and lightening or drowning in river while performing operational duties/movement in action against enemy forces and armed hostilities in operational area to include deployment on international border of line of control.

Read :- Accidental death/injury sustained due to natural calamities such as flood, avalanches, landslides, cyclone, fire and lightening or drowning in river while performing operational duties/movement in action against enemy forces and armed hostilities in operational area to include deployment on International Border or Line of Control or Line of Actual Control.

3. Cases already settled prior to the date of issue of this letter will not be reopened.

4. This issues with the concurrence of Finance Division of this Ministry vide their ID No. 10(4)/2010/Fin/Pen dated 01.03.2018.

5. Hindi version will follow.

Yours faithfully,

sd/-

(Manoj Sinha)

Under Secretary to the Govt. of India

Authority: http://www.desw.gov.in

DESW Order - Revision Of Disability/War Injury For Pre-2016 Defence Forces Pensioners

Revision of Disability/ War Injury for Pre-2016 Defence Forces Pensioners – DESW Ordres dt.23.1.2018

Implementation of Government decision on the recommendations of the 7th Central Pay Commission (CPC) – Revision of Disability/ War Injury pension for pre-1.1.2016 Defence Forces pensioners reg.

No.17(01)/2017/D(Pen/Policy)

Government of India

Ministry of Defence

Department of Ex-Servicemen Welfare

New Delhi-110011,

Dated 23rd January, 2018

The Chief of the Army Staff

The Chief of the Naval Staff

The Chief of the Air Staff

Subject- Implementation of Government decision on the recommendations of the 7th Central Pay Commission (CPC) – Revision of Disability/ War Injury pension for pre-1.1.2016 Defence Forces pensioners reg.

The undersigned is directed to refer to this Ministry’s letter No. 17(01)/2016-D(Pen/Pol) dated 29th October’ 2016 modified vide letter No 17(01)/2017(01)/ D(Pension/Policy) dated 4th September, 2017 for revision of pension of pre-2016 Defence Forces pensioners/ family pensioners in implementation of the Government decisions on the recommendations of the 7th CPC. As per the same, disability element/ liberalized disability element/ war injury element of Defence Forces pensioners have been revised by the pension disbursing agencies by multiplying the existing rate of disability element as on 31.12.2015, by factor of 2.57 to arrive at revised rate of disability element as on 1.1.2016. The Ministry vide letter No 17(01)/2017(02)/D(Pension/Policy) dated 5th September, 2017 have also issued orders for revision of pension including disability element by issue of corrigendum PPO based on notional pay fixed as on 1.1.2016 in the 7th CPC pay matrix corresponding to the pay in the pay scale/ pay band 86 grade pay in which the pensioner had retired. The later order of 5th September, 2017 allows the benefit of broad banding of disability in cases of retirement/ discharge voluntary or otherwise with disability/war injury and additional pension on disability/war injury element to be authorized by issue of corrigendum PPO

2. In partial modification of Ministry’s said order dated 29th October, 2016 as modified, the President is now pleased to decide that in cases where Armed Forces pensioners who were retired/discharged voluntary or otherwise with disability and were in receipt of disability/war injury element as on 31.12.2015, their extent of disability shall be re-computed in the following manner before applying the multiplication factor of 2.57 on existing disability/war injury element to arrive at the revised disability element/war injury element as on 1.1.2016.

Accepted percentage of disability	Percentage to be reckoned for computation of Disability Element
20% or more but less than 50%	50%
Between 50% to 75%	75%
Between 76% to 100%	100%

3. Rates for calculation of disability where composite assessment has been made due to existence of disability as well as war injury, shall be determined in terms of provision contained in Para 3(b) of Ministry’s letter No.16(02)/2015-D(Pen/Pol) dated 8th August 2016. The amount of revised disability element finally arrived shall be rounded off to next higher rupee.

4. The president is also pleased to decide that quantum of additional pension available to old age pensioners after attaining the age of 80 years and above, shall also be admissible on revised disability/war injury element. The Note below para 12 of this Ministry’s above mentioned letter dated 29th October,2016 stands deleted.

5. The provisions of this Ministry’s above -mentioned letter dated 29th October 2016 as modified vide letter dated 4th September,2017 and dated 5th September,2017 which are not affected by the provisions of this letter, shall remain unchanged.

6. PCDA (Pensions) Allahabad shall issue necessary implementation instructions for implementation of provisions of these orders directly by the pension disbursing agencies.

7. The provisions of this letter shall take effect from 1.1.2016.

8. This issues with the concurrence of Finance Division of this Ministry vide their ID No.Part file (i) to 30(01)/2016/Fin/Pen dated 15.12.2017.

9. Hindi Version will follow.

Yours faithfully

sd/-

(Manoj Sinha)

Under Secretary to the Government of India.

Authority: www.desw.gov.in

85 Private ECHS Hospital List As On 8.12.2017

85 Private ECHS Hospital List as on 8.12.2017

EMPANELMENT OF HOSPITALS / NURSING HOMES AND DIAGNOSTIC LABORATORIES/ CENTRES FOR ECHS

No. 22B(15)/2017-WE/D(Res-I)

Government of India

Ministry of Defence

Dept of Ex-Servicemen Welfare

New Delhi 04.01.2018

OFFICE MEMORANDUM

To,

The Managing Director

Central Organisation, ECHS

Maude Line, Delhi Cantt

Subject:- EMPANELMENT OF HOSPITALS / NURSING HOMES AND DIAGNOSTIC LABORATORIES/ CENTRES FOR ECHS

I am directed to state that in terms of the provisions of Govt of India, Ministry of Defence letter No. 22B(04)/2010/US(WE)/D(Res) dated 18 Feb 2011, 22B(02)/2013/US(WE)/D(Res) dated 18 Oct 2013 and 22B(02)/2013/US(WE)/D(Res) dated 24 Feb 2015, it has now been decided by the Competent Authority to empanel 85 Private Hospitals/Nursing Homes and Diagnostic Laboratories Centres for different specialities and procedures with ECHS as recommended by the 12th Screening Committee for empanelment of Medical facilities with ECHS in its meeting held on 8-12-2017 under the Chairmanship of MD, ECHS as per the list attached in the Annexure:-

Ser	City	Name of Hospitals	Annexure No
1.	Adoor	Mount Zion Medical College	1
2.	Ahmedabad	New Delhi Centre for Sight Ltd	2
3.	Ajmer	Kshetrapal Hospital Multispeciality and Research Centre	3
4.	Akhnoor	Neelkanth Health Care	4
5.	Alappuzha	VSM Hospital	5
6.	Amritsar	Dev Hospital	6
7.	Amritsar	Akashdeep Neuro Trauma & Multi Super Speciality Hospital	6
8.	Amritsar	Ajit Hospital	6
9.	Amritsar	Surinder Hospital	7
10.	Amritsar	Verma Hospital	7
11.	Amritsar (Jandiala Guru)	Ranjit Multispeciality & Trauma Hospital	7
12.	Amritsar (Putlighar)	Ranjit Hospital	8
13.	Bangalore	Davita Care India Pvt Ltd	9
14.	Bangalore	Columbia Clinic	9
15.	Bhopal	Siddhanta Redcross Superspeciality Hospital	10
16.	Bhopal	Galaxy Hospital	11
17.	Bhopal	ASG Hospital Pvt Ltd	11
18.	Chandigarh	Mirchiash Diagnostics	12
19.	Coimbatore	Ganga Medical Centre & Hospitals Pvt Ltd	13
20.	Delhi (Kirti Nagar)	Total Diagnostics Care	14
21.	Delhi (Rohini)	Must & More Healthcare Pvt Ltd	14
22.	Delhi (Sector-18, Rohini)	Dr Lal PathLabs Ltd	15
23.	Delhi (Shahdara)	East Delhi Medical Centre	15
24.	Delhi (Shahdara)	CM Patel Hospital	15
25.	Delhi (Yamuna Vihar)	Dr Chaudhary’s Moral Hospital Pvt Ltd	16
26.	New Delhi (Dwarka)	Venkateshwar Hospital	16
27.	New Delhi (Tilak Nagar)	Janta X-Ray Clinic Pvt Ltd	17
28.	New Delhi (West Patel Nagar)	Khanna Medicare Centre	17
29.	Faridabad	QRG Central Hospital & Research Centre Ltd	18
30.	Gohana	Shri Balaji Dental Clinic	19
31.	Greater Noida	Sharma Medicare Pvt Ltd	20
32.	Gurdaspur	Dr KD’s Eye Hospital	21
33.	Gurgaon	Sudharshan Poly Dental Centre	22
34.	Gurgaon	Santhosh Clinic-The Dental Studio	22
35.	Haldwani	Brijlal Hospital & Research Centre	23
36.	Hisar	Aadhar Health Institute	24
37.	Hisar	Geetanjali Hospital	25
38.	Hisar	Sukhda Multispeciality Hospital	26
39.	Hisar	Medicity Multispeciality Hospital & Neuro Centre	27
40.	Hubli	HCG NMR Cancer centre	28
41.	Hyderabad	Anu’s Dental Care	29
42.	Hyderabad	St. Theresa’s Hospital	29
43.	Jalandhar	Kataria Eye Hospital & ENT Hospital PVt Ltd	30
44.	Jalandhar	Akal Eye Hospital & Lasik Laser Centre	30
45.	Jalandhar	India Kidney Hospital & Dialysis Centre	30
46.	Jhunjhunu	CKRD Memorial Hospital & Research Institute	31
47.	Kaithal	Shah Hospital	32
48.	Kaithal	Cygnus Super Speciality Hospital	32
49.	Kanpur	Globus Hospital	33
50.	Kanpur	Shri Jayram Hospital & Trauma Centre	33
51.	Karnal	Sanjeev Bansal Cygnus Hospital	34
52.	Karnal	Balaji Hospital	34
53.	Karur	Velan Eye Hospital	35
54.	Khurza	Kailash Hospital	36
55.	Ludhiana	Sri Guru Harkrishan Sahib Advanced Eye Care Centre	37
56.	Ludhiana	Mind Plys Healthcare Pvt Ltd	37
57.	Manipal	KMC Hospital	38
58.	Manipal	Kasturba Hospital	39
59.	Mansa	Raikhy Nursing Home and Surgical Centre	40
60.	Moga	Rajeev Hospital	41
61.	Mysore	Narayana Hrudayala Surgical Hospital Pvt Ltd	42
62.	Mysore	Nethradham Super Speciality Eye Hospital	43
63.	Nagpur	Akshar Eye Institute and dental Clinic	44
64.	Nagpur	Kolarkar Dental Clinic	44
65.	Ongole	Sanghamitra Hospital Pvt Ltd	45
66.	Pathanamthitta	St. Thomas Hospital	46
67.	Pathankot	SKR Hospitals & Trauma Centre Pvt Ltd	47
68.	Patiala	Sodhi Eye Hospital	48
69.	Pune	Aditya Birla Memorial Hospital	49
70.	Pune	Dr Prasanna’s Dental Clinic & Implant Centre	50
71.	Sambalpur	Sanjivani Family Hospital	51
72.	Sangrur	Sibla Health Care Pvt Ltd	52
73.	Shimoga	Sahyadri Narayana Multispeciality	53
74.	Sikar	Eye Care Hospital	54
75.	Siliguri	Centre for Eye Sight	55
76.	Solan	Apex Diagnostics	56
77.	Sonepat	Tulip Multispeciality Hospital Pvt Ltd	57
78.	Sonepat	Rama Multi Speciality Hospital	57
79.	Surat	Eye Q Vision Pvt Ltd	58
80.	Taran Tarn	Anand Heart & Multispeciality Hospital	59
81.	Thalassery	Indira Gandhi Cooperative Hospital	60
82.	Tirupati	Meghana Multispeciality Dental Hospital	61
83.	Tirupur	Revathi Medical Centre Tirupur India Pvt Ltd	62
84.	Trivandrum	Amardeep Eye Care	63
85.	Vadodara	Eye Q Super Speciality Eye Hospital	64

2.All the terms and conditions including fixation of rates payable to empanelled hospitals will be regulated under Govt of India, Ministry of Defence letter No. 22B(04)/2010/US(WE)/D(Res) dated 18 Feb 2011 and amended from time to time.

3.The rates for ECHS Hospital/Nursing Home, Dental Centres and Diagnostic Centres as approved by the Empowered Committee will be as per CGHS rates and will be notified by the Director, Regional Centre ECHS to all concerned including Polyclinics, SEMOs, CDA/PCDA and Central Organisation ECHS.

4.Empanelment of CGHS empanelled hospitals is subject to the hospital providing proof of its being a CGHS empanelled facility as on the date of signing MoA with ECHS.

5.CGHS empanelled medical facilities will be empanelled with ECHS for the period for which the facilities hod valid MoA with CGHS. The MoA will be extendable once CGHS renew the MoA with the medical facilities.

6.NABH accredited medical facilities will be empanelled with ECHS for the period of validity of NABH certificate and the MoA will be renewed once the medical facility is issued revalidation/renewed NABH certificate.

7. This issues with the concurrence of Ministry of Defence (Finance) vide their U.O. No. 34(05)/2010/Fin/Pen/Vol.IV dated 26-12-2017.

sd/-

(AR Kam)

Under Secretary to the Govt of India

Authority: www.desw.gov.in